Anais do Congresso Brasileiro de Processo Coletivo e Cidadania
O Congresso Brasileiro de Processo Coletivo e Cidadania constitui-se uma iniciativa do Programa de Mestrado e Doutorado em Direito da Universidade de Ribeirão Preto, e é voltado para docentes (doutores e mestres), doutorandos e mestrandos em direito, bem como docentes e estudantes de outras áreas do conhecimento, tendo em vista sua perspectiva multidisciplinar, objetivando discutir os instrumentos de tutela coletiva com vistas à efetivação da cidadania, bem como a cidadania e suas várias formas de realização, seja através da tutela judicial, das políticas públicas ou iniciativas da sociedade civil.
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GRUPOS DE TRABALHO E COORDENADORES
SOCIAL ACCELERATION AND ARTIFICIAL INTELLIGENCE: CHALLENGES AND PERSPECTIVES FOR LEGAL INTERPRETATION
This paper analyzes the institutionalization of artificial intelligence in Law through the lens of Hartmut Rosa’s theory of social acceleration. It begins with the diagnosis that, in late modernity, time has become a social structure marked by the demand for productivity or a “hunger for time,” in which technological advances—under the promise of optimizing work and saving time—ultimately intensify the pace of life and the overload of tasks. In this context, the incorporation of generative artificial intelligence systems (LLMs) into the Brazilian Judiciary is understood as a contemporary expression of this logic of acceleration. Although such tools may offer gains in efficiency, they tend to reduce the space for reflection and the hermeneutical function of legal practitioners, turning legal practice into a supervised and automated activity. The study concludes that, since interpretation is an existential dimension of human understanding, technological acceleration and the delegation of decision-making to machines threaten both the density of Law and the legitimacy of judicial decisions.
Cidadania e estado democrático de direito
The Burden of the State: Excessive Taxation and Its Impact on Quality of Life – A Critical Perspective on PEC 45/2019 and Complementary Law 214/2025
Taxation stands as one of the central pillars of state power, exerting a direct impact on the democratic structure and the guarantee of fundamental rights. This study analyzed the Brazilian tax system, focusing on the relationship between fiscal justice, human dignity, and federal balance. Employing a deductive method and constitutional analysis, the research examined how the current model of revenue collection and redistribution affects citizens' quality of life, particularly that of the most vulnerable. The results indicate that the high tax burden on consumption undermines access to essential goods and exacerbates social inequalities. The prevailing fiscal structure, characterized by the centralization of competencies and disproportionate incidence on low-income earners, weakens the effectiveness of public policies and restricts the actions of federative entities. The study identified the need for a progressive and selective taxation system, capable of respecting taxpayers' economic capacity and promoting distributive justice. It concludes that tax reform must be guided by constitutional principles, emphasizing equity, the protection of life, and the promotion of collective well-being. Taxation should cease to be an instrument of exclusion and instead function as a vector for sustainable development, ensuring that all citizens live with dignity throughout all phases of existence.
BETWEEN THE SOCIAL FUNCTION OF PROPERTY AND THE HOUSING DEFICIT: PROTECTING THE RIGHT TO HOUSING IN BRAZIL
This study analyzes the fundamental right to housing in Brazil, aiming to discuss the necessary re-signification of its content in the face of the chronic housing deficit and the difficulties of its implementation. The ineffectiveness of consistent public policies, coupled with social inequality and the precariousness of urban planning, gives rise to the need to analyze legal mechanisms capable of realizing this right, mitigating the distance between the constitutional norm and social reality. The adopted methodology consists of bibliographical and documentary research, with a qualitative approach. It is argued that the ineffectiveness of public policies, social inequality, and precarious urban planning require the application of legal mechanisms that transcend mere normative provision, such as land regularization, special urban adverse possession (usucapião), and the right to build on existing slabs (direito de laje), interpreted in light of the social function of property. It is concluded that overcoming the mismatch between the constitutional norm and social reality imposes a change in the bureaucratic culture of legal operators and the government, with joint action between legislation, the State, and civil society being indispensable to build effective housing solutions and prevent the perpetuation of social exclusion, overcoming the "culture of omission."
A SUPRESSÃO DO INTERVALO INTRAJORNADA POR CONVENÇÃO COLETIVA NO PÓS-REFORMA TRABALHISTA: UMA ANÁLISE A PARTIR DA PROTEÇÃO JURÍDICA DA SAÚDE DO TRABALHADOR E SEUS EFEITOS
The Labor Reform introduced several changes to the Consolidation of Labor Laws (CLT), notably the increased flexibility to eliminate the intra-workday break. Given this change, this article analyzes the impacts of reducing the rest and meal break on workers' health. The research adopted a qualitative approach, with exploratory and descriptive purposes, using bibliographic and documentary reviews as methodological procedures. The time frame covers the periods before and after the Labor Reform (Law No. 13,467/2017). The results demonstrate that the intra-workday break constitutes an important mechanism for limiting the workday, ensuring the protection of workers' health and safety, as it is an institution aimed at restoring physical strength and preserving their mental health. Health impact assessment and the constitutional limitation of collective autonomy constitute relevant tools for mitigating harm and strengthening the protection of health and safety at work.
Tutela Coletiva do Trabalho e a Reforma Trabalhista
ENTRE A INOVAÇÃO TECNOLÓGICA E AS DESIGUALDADES: DESAFIOS REGULATÓRIOS DA INTELIGÊNCIA ARTIFICIAL PARA O ACESSO À JUSTIÇA NO BRASIL
This article explores the integration of artificial intelligence (AI) in the Brazilian justice system, highlighting its importance in updating jurisdictional activity and issues about access to justice. The research analyzes the challenges and proposals for regulation and governance of AI in the Judiciary, aiming to understand how this technology can democratize justice without compromising constitutional guarantees. The methodology adopted is qualitative, with theoretical-deductive and descriptive-analytical methods, based on literature review and normative documents such as Law Project. No. 2,338/2023, Resolutions of the National Council of Justice, the Artificial Intelligence Act of the European Union, and ethical guidelines of the OECD and UNESCO. The results indicate that while AI can improve the efficiency of processes, its inappropriate use can lead to algorithmic biases, reduce transparency, and dehumanize judicial activity. The conclusion reaffirms that an ethical and responsible use of AI is fundamental, requiring governance based on explainability, transparency and the human being, ensuring the effectiveness of access to justice and the protection of fundamental rights.
Acesso à Justiça, Proteção de Direitos e Coletivização das Demandas
DEMOCRACY IN DIGITAL TIMES: THE INFLUENCE OF NEW SOCIAL MEDIA ON YOUTH POLITICAL SOCIALIZATION AND THE IMPORTANCE OF MEDIA LITERACY
This article analyzes the strategic role of media and information literacy in combating hate speech, fake news, and misinformation in the digital environment. It begins by contextualizing the socialization and political culture of contemporary youth, with an emphasis on the impacts of new social media in this formative process. Next, it discusses the role of traditional media and digital platforms in the post-truth era, highlighting the influence of algorithmic personalization, ideological polarization, and misinformation on the construction of public opinion. Media and information literacy is presented as the development of critical, ethical, and responsible competencies in the use of technologies and in the consumption and production of informational content. Finally, it is argued that strengthening public policies and pedagogical practices focused on media and information literacy is essential to forming more conscious, resilient, and engaged citizens, thereby contributing to a safer, more plural, and democratic internet.
EFETIVIDADE DOS DIREITOS E CONCRETIZAÇÃO DA CIDADANIA
THE ROLE OF THE PUBLIC DEFENDER'S OFFICE IN COLLECTIVE ARBITRATIONS IN CONSUMER RELATIONS
This article analyzes the viability of collective arbitration as a dispute resolution tool in consumer relations, focusing on the role of the Public Defender's Office. Based on the constitutional principle of access to justice, the article examines the Public Defender's Office's institutional role in protecting vulnerable groups, especially consumers, who often find themselves in situations of underprivileged or even hypervulnerable situations. The research, based on bibliographical research and the hypothetical-deductive method, demonstrates that, like mediation and conciliation, the Public Defender's Office can—and should—use collective arbitration as an appropriate and expeditious option for resolving disputes, when compatible with the nature of the law involved, such as for the redress of homogeneous individual rights. The conclusion is that the Public Defender's Office's use of collective arbitration not only finds regulatory support but also represents an essential instrument for the effectiveness of fundamental rights, ensuring balance in consumer relations and promoting citizenship.
RESPONSIBILITY OF THE REVIEWER IN PUBLIC PROCUREMENTS
The work deals with the responsibility of the Public Attorney for their performance in public procurement. To this end, it is necessary to investigate the system of responsibility adopted by Law 14,133/2021, as well as to evaluate the role of this professional, according to the provisions contained in the aforementioned legislation and previous legislation to reach the main focus of the work, which deals with the responsibility of the Public Prosecutor when issuing legal opinions, in light of doctrine, jurisprudence, and pertinent legislation. The research hypothesis is to verify which spheres of responsibility and to what extent this occurs due to the performance of the negligent Public Attorney who allows deviations and acts of corruption to go unnoticed. The theme is relevant to demonstrate the importance of preventive legal counsel for good contracting, as well as to establish security parameters for such public servants. The contribution relates to the debate about the immunity of the public attorney by reason of the issuance of legal opinions within the scope of acquisitions and contracting by the State. It is emphasized that the New Bidding Law innovated several aspects of the bidding procedure, with the role of the legal advisor responsible for issuing opinions being considerably reshaped. The conclusion is that the Public Attorney is not immune for their negligent or fraudulent actions, under the argument that their sight is a opinion, and the system provided for in the LINDB must be applied. The research used the hypothetical-deductive method and bibliographic research.
A HIPERVULNERABILIDADE DO IDOSO NAS RELAÇÕES DE CONSUMO: AVANÇOS E DESAFIOS JURÍDICOS NA ERA DIGITAL
O presente trabalho analisa o tema da proteção jurídica do idoso nas relações de consumo, com foco na sua condição de consumidor hipervulnerável. Parte-se da noção de vulnerabilidade prevista no Código de Defesa do Consumidor (CDC) e avança-se para a hipervulnerabilidade, especialmente no caso de idosos, cujas limitações técnicas, econômicas e cognitivas exigem proteção reforçada. A pesquisa evidencia o diálogo das fontes entre o CDC e o Estatuto do Idoso. Com base em doutrina e jurisprudência recente, especialmente do STJ e do TJRS, conclui-se que a hipervulnerabilidade do idoso impõe um dever jurídico ampliado ao fornecedor, a fim de garantir maior equilíbrio nas relações de consumo.
ARTIFICIAL INTELLIGENCE AND PUBLIC POLICIES IN THE BRAZILIAN PRISON SYSTEM AIMED AT INCARCERATED MOTHERS
The advancement of Artificial Intelligence (AI) has brought profound transformations to social and institutional structures, directly impacting the formulation and implementation of public policies. The central issue of this research is: “In what ways can the application of Artificial Intelligence in public policies contribute to the realization of social and fundamental rights, particularly for women in situations of incarceration?” In the Brazilian context, it becomes relevant to analyze how AI can be used as an instrument for promoting citizenship and ensuring the effectiveness of fundamental rights. This article aims to investigate how the application of Artificial Intelligence in public policies can contribute to the realization of these rights, considering the structural challenges of the prison system and the need for an approach grounded in human dignity. It relies on descriptive, expository, and theoretical methods, supported by bibliographical and documentary research, as well as by national and international legal frameworks concerning the protection of persons deprived of liberty. The study is based on the hypothesis that AI, when used ethically and inclusively, can strengthen prison public policies by optimizing data management, identifying vulnerabilities, and supporting more effective actions in areas such as health, education, labor, multidisciplinary care, and social reintegration of individuals. However, its misuse also poses risks, such as the reproduction of existing stereotypes and inequalities, demanding responsible governance, transparency, and a gender-sensitive perspective in the collection and use of sensitive data. It is concluded that Artificial Intelligence, when articulated with humanized and specific public policies along this directive, represents an opportunity to enhance the effectiveness of fundamental and social rights and to promote the citizenship of women in situations of deprivation of liberty.
PRODUCTION CHAINS IN THE TEXTILE SECTOR: AN ANALYSIS OF LABOR LIABILITY IN CASES OF OUTSOURCING AND SUBCONTRACTING
Outsourcing, as a legal and economic phenomenon arising from business de-verticalization and the pursuit of greater productive efficiency, has been widely adopted as a strategy for cost reduction and business activity reorganization. Currently, outsourcing produces profound impacts on global production chains, especially in the textile sector, where the search for efficiency and cost reduction has led to intense subcontracting. This has resulted in the intensification of labor precarization, chain subcontracting, and the difficulty of assigning responsibility for violations of fundamental rights. In this context, the present study aims to analyze outsourcing in the textile sector and its impacts on workers’ dignity, particularly due to the precariousness of labor rights. To this end, the deductive method will be employed, using bibliographic and jurisprudential research, with the analysis of academic articles, specialized legal doctrine, current normative precepts, and relevant case law from the Superior Labor Court (TST) and the Federal Supreme Court (STF).
THE (IN)CAPACITY OF LAW TO RESPOND TO COLLECTIVE DAMAGES CAUSED BY ARTIFICIAL INTELLIGENCE: CHALLENGES FOR ESG AND CIVIC GOVERNANCE FRAMEWORK
ABSTRACT Artificial Intelligence (AI) introduces a new frontier of legal, ethical, and social challenges, especially regarding its ability to produce collective and diffuse impacts that transcend the limits of individual liability. The general objective of this article is to analyze the (in)capacity of Brazilian law to respond to collective damages caused by AI, under the ESG governance and digital citizenship framework. It seeks to understand how the national legal system, still structured around analog paradigms, can develop effective mechanisms for collective protection and technological accountability. The specific objectives are: (i) to identify normative and institutional gaps in AI regulation; (ii) to examine the role of collective protection as a tool for democratic and technological governance; and (iii) to propose guidelines for a procedural regime oriented towards technological and sustainable justice. The research is justified by the need for Law to keep pace with technological transformations without abandoning the protection of fundamental rights, especially in the face of the growing automation of decision-making processes and algorithmic opacity. The methodology used is deductive and interdisciplinary, combining bibliographic, documentary, and empirical analysis, based on reports from the National Council of Justice (CNJ, 2024), the Organization for Economic Cooperation and Development (OECD, 2024), the United Nations Educational, Scientific and Cultural Organization (UNESCO, 2024), the Massachusetts Institute of Technology (MIT, 2023), and the European Parliament (AI Act, 2024). The expected results point to the construction of a normative and institutional model of algorithmic governance anchored in ESG principles, public ethics, and shared responsibility. Keywords: Artificial Intelligence. Collective Protection. ESG. Civil Liability. Algorithmic Governance.
ESTELIONATO SENTIMENTAL: ENGANO AFETIVO E RESPONSABILIDADE JURÍDICA
This article analyzes “sentimental embezzlement” based on the bills currently in the process of being drafted, which seek to typify it in the Brazilian legal system. This crime occurs when an individual deceives the victim with fraudulent promises of affection, leading them to transfer assets under the belief of a genuine relationship. This practice results not only in financial losses, but also in psychological damage, making it a relevant issue for the law. Despite the lack of a specific definition, the subject generates debate about its characterization as a crime and its civil and criminal implications. The concept is similar to traditional embezzlement, provided for in article 171 of the Penal Code, but subjectivity and the difficulty of proving it make it difficult to apply. The article investigates the viability of a legal framework for sentimental fraud in Brazil, considering its relationship with criminal and civil law. The methodology used was bibliographical research, analysis of legal doctrines and scientific articles on emotional fraud. The results indicate that, although it is possible to classify it under Article 171, the lack of express legal provision makes it difficult to apply. In addition, there is growing recognition of civil liability, allowing for compensation. The conclusion is that sentimental fraud presents legal and evidential challenges, requiring debate on its criminal classification and protection mechanisms for victims.
PRECEDENTS IN CRIMINAL PROCEDURE LAW: LEGAL SECURITY, EQUALITY AND CONSTITUTIONAL IMPACT
This paper analyzes the application of judicial precedents in Brazilian Criminal Procedural Law, highlighting their impacts on legal certainty, equality and respect for constitutional norms. It is justified by the growing relevance of precedents in the national legal system, especially after the CPC/2015, and by the lack of uniformity in decision-making in the criminal field, where fundamental guarantees such as freedom and due process are directly involved. The method adopted was a bibliographic review and hypothetical-deductive reasoning, based on the premise that the absence of consolidated precedents compromises the predictability and stability of criminal decisions. The general objective was to examine the difficulties and propose ways to implement binding precedents in Brazilian criminal procedure. It is concluded that the fragmentation of case law and the resistance of first instance courts hinder the uniform application of the theses established by the STF and STJ, compromising constitutional principles, aggravating procedural delays and inflating the appeals instances with the high appealability of decisions. The creation of training programs and specialized precedent centers is proposed, in addition to institutional reforms to improve the decision-making culture based on precedents, ensuring greater predictability and legitimacy to the criminal system.
RADIANT NORMATIVE CONSTITUTIONAL VALUES AND THE CONCRETION OF CONSTITUTIONALIZATION IN THE REFORM OF THE CIVIL CODE
This article, developed under the deductive method and instrumentalized through literature review, as well as updated doctrines and jurisprudence, has as its general objective to investigate the centralizing role of the Constitution of the Federative Republic of Brazil of 1988 in the legal system and the phenomenon of constitutionalization of rights, which has been growing gradually, in particular, the constitutionalization of civil law. The justification and relevance are confirmed as a result of the opening of the legal system to the principles that symbolize social values before the Democratic and Social Rule of Law. The research analyzed the evolution and construction of legal norms, the need for their axiomatic application, without prejudice, however, to their positivity, resulting in the subdivision of this into rules and principles, in order to demonstrate the new radiant constitutional hermeneutic system applied to civil law and embodied in the CRFB/1988. In the end, this dialectic is proven with the legislative innovations introduced by the new reform of the Civil Code and the normative force of the principles as markers of the applicability of the norms.
THE CONCEPT OF “AI FIRST” AND HUMAN DIGNITY: THE “MYTH” OF EFFICIENCY IN THE BURNOUT SOCIETY
The advancement of artificial intelligence (AI) has consolidated the “AI First” paradigm, which promises significant efficiency gains. In Brazilian constitutionalism, however, the prevalence of the principle of human dignity requires that technology remain a means, not an end. The central research question addressed in this article is: to what extent is the prioritization of technical efficiency compatible with the realization of citizenship and the protection of dignity? To answer this question, the study adopts a theoretical-exploratory, qualitative, and deductive methodology, drawing on the reflections of Jacques Ellul and Byung-Chul Han. This approach highlights risks such as bias, opacity, depersonalization, surveillance, and algorithmic management of labor, while at the same time proposing a model of technological governance that adheres to the imperatives of human centrality. The article concludes that AI can only serve as an instrument of citizenship when it strengthens — rather than replaces — human experience, subordinating efficiency to transparency, equity, social participation, and data protection, with dignity and citizenship as the central decision-making criteria.
Direitos da Personalidade e a Dignidade da Pessoa Humana
O DIREITO À SEGURANÇA PÚBLICA COMO EXPRESSÃO DE CIDADANIA COLETIVA: ENTRE A TUTELA ESTATAL E A PARTICIPAÇÃO SOCIAL NA GARANTIA DE DIREITOS FUNDAMENTAIS
O artigo analisa o direito à segurança pública como expressão da cidadania coletiva, partindo da constatação de que o modelo brasileiro ainda se estrutura em bases repressivas e militarizadas, incompatíveis com o Estado Democrático de Direito. A pesquisa tem como objetivo demonstrar que a segurança, prevista no art. 144 da Constituição Federal, deve ser compreendida não apenas como dever do Estado, mas como direito fundamental de todos, cuja efetividade depende da cooperação entre poder público e sociedade civil. Metodologicamente, empregou-se o método dedutivo e analítico, com apoio em pesquisa bibliográfica e constitucional, valendo-se das contribuições de autores como Marshall, Bobbio, Zaffaroni e Boaventura de Sousa Santos, além de análise de dispositivos constitucionais e decisões do Supremo Tribunal Federal. Os resultados indicaram que o sistema atual é marcado por desigualdade, seletividade e precarização das forças policiais, o que compromete a legitimidade da atuação estatal e fragiliza a confiança social. Constatou-se, ainda, que políticas baseadas na prevenção, participação cidadã e valorização profissional dos agentes públicos são mais eficazes na promoção da paz social. Conclui-se que a segurança pública só se realiza plenamente quando vinculada à cidadania coletiva, sendo necessária a superação do paradigma repressivo em favor de um modelo democrático, transparente e fundado nos direitos humanos.
RESERVATION OF LABOR SPOTS FOR WOMEN VICTIMS OF DOMESTIC VIOLENCE IN ADMINISTRATIVE CONTRACTS: GENERAL OR SPECIFIC RULE? AN ANALYSIS IN LIGHT OF THE RIGHTS OF VULNERABLE GROUPS.
This study seeks to investigate whether the provision set forth in Article 25, Paragraph 9, of Law No. 14,133/2021—which guarantees reserved positions for women who are victims of domestic violence in public bidding processes and contracts—has a general scope, applicable to all levels of government, or whether it is a specific provision for the federal government, limited to federal bidding. To this end, it is necessary to understand the current status of domestic violence in Brazil, especially in recent years; identify the factors that hinder women from severing abusive relationships; and, finally, determine how the State can ensure that these women more easily break away from their aggressors. Furthermore, this study aims to explore the horizontal function of public procurement as a means to combat and mitigate domestic violence. This topic is highly relevant, given that gender-based violence, particularly domestic violence, remains a recurring issue in daily life, in inverse proportion to advancements in other areas. In other words, while various sectors—especially technology—continue to progress, society appears to regress in terms of respect for and protection of women. This research was conducted through a bibliographic review of legal scholarship, the analysis of current news related to the subject, and legislative consultations.
O PRINCÍPIO DA SEGURANÇA JURÍDICA E A EMENDA CONSTITUCIONAL: FRICÇÃO OU HARMONIA NO ESTADO DEMOCRÁTICO DE DIREITO BRASILEIRO?
O artigo investiga a natureza da relação entre o princípio da Segurança Jurídica e o processo de emendamento constitucional no Estado Democrático de Direito brasileiro. Partindo da Constituição Federal de 1988 como marco da afirmação da cidadania e dos direitos fundamentais, inclusive trabalhistas, analisa-se a aparente tensão entre dois institutos que coexistem na estrutura normativa: a Segurança Jurídica, que demanda estabilidade, previsibilidade e confiabilidade; e o poder de reforma constitucional, que expressa a necessidade democrática de evolução do texto. Mediante análise ontológica dos conceitos de Estado Democrático de Direito, Constitucionalismo, Segurança Jurídica e Emendamento Constitucional, constrói-se os vetores para investigação da tensão que, em interpretação a partir do embate entre Constitucionalismo e Democracia enquanto conceitos fundantes, demonstra-se que a interação não configura conflito externo e catastrófico, mas tensão interna e produtiva. Conclui-se, então, tratar-se de fricção harmônica produtiva na qual estabilidade e mudança refinam-se reciprocamente, orientadas ao fim comum da proteção dos direitos fundamentais. Nesse sentido, o estudo contribui para pesquisas empíricas posteriores que verifiquem se essa harmonia ontológica se confirma na prática constitucional brasileira na quantidade e qualidade do processo de reforma visando a concretização dos Direitos Fundamentais.
A UTILIZAÇÃO DA INTELIGÊNCIA ARTIFICIAL PARA A GESTÃO DE PRODUTIVIDADE: ENTRE A EFICIÊNCIA EMPRESARIAL E A PROTEÇÃO DOS DIREITOS FUNDAMENTAIS
The growing use of artificial intelligence in business practices has profoundly transformed the way companies organize themselves, assess, and control the productivity of their employees. In this regard, algorithmic tools capable of collecting, processing, and analyzing large volumes of data enable employers to measure both individual and collective performance, thereby promoting efficiency and the optimization of resources. However, this development does not occur without controversy. The use of artificial intelligence as an instrument of monitoring and productivity management raises questions not only about its effects but also about its legal and ethical limits, particularly with respect to workers’ fundamental rights—such as privacy, dignity, freedom, and equality. These constitutional guarantees may be undermined by constant surveillance and by automated decision-making processes, which often elude transparency and human oversight. In this context, Labor Law embraces technological advances that enable companies to become more competitive, but how can we ensure that such innovations do not result in abusive practices or new forms of legal precariousness? A problem arises: how to reconcile the use of artificial intelligence in productivity management with the protection of employees' fundamental rights? This study seeks to reflect on this tension, investigating the risks and the potential for a link between corporate efficiency and legal protection in light of the protection of workers' fundamental rights.
FREEDOM OF EXPRESSION AND FAKE NEWS: IRREPARABLE CONSEQUENCES OF DISINFORMATION?
Freedom of expression is one of the fundamental rights guaranteed by the Brazilian Federal Constitution; however, it is not an absolute right, considering that there are limitations when the expression exceeds the truth and legality of information through the sharing of fake news.The dissemination of fake news has become a significant challenge in the digital age, resulting in impacts on public policies and democratic issues due to the influence these falsehoods have on portions of the population. In this context, this study seeks to address the following question: Is the subsequent accountability for committed abuses an effective tool to control fake news? Or, once spread and taken as true, do they have irreparable consequences?The methodology used is the hypothetical-deductive method, starting from the hypothesis that, although freedom of expression is a fundamental right, its use for deliberate misinformation requires accountability measures. The study was developed through bibliographic research, and legislative and case law analysis.The relevance of the topic is justified by the growing dissemination of false information on social networks, especially in political contexts, which may undermine the credibility of democratic institutions. It is concluded that freedom of expression must be guaranteed but with responsibility, ensuring the population's right to access legitimate information and protecting democracy from the harmful effects of disinformation.
DIGITAL CONTRACTS: ANALYSIS FROM THE PERSPECTIVE OF ELDERLY PERSONAL PROTECTION
Consumer protection is supported by the 1988 Federal Constitution, in Article 5, item XXXII, as a fundamental right guaranteed both individually and collectively. The Consumer Defense Code of 1990 consolidated this right, protecting consumers against abuses in consumer relations. With technological advancement, new issues have emerged, such as the dissemination of misleading advertising on the internet and data breaches. Consequently, there arose a need for greater assurance regarding contractual formalizations carried out virtually. In this context, it has become essential that the information provided be more transparent and guided by good faith. However, the evolution of relationships between consumers and suppliers in the digital age still presents major challenges. Among these issues, special attention is drawn to the relationships established between elderly individuals and financial institutions. In order to prevent abusive or fraudulent practices, the legal framework has been undergoing adaptations. Within this context, one of the debated topics concerns the requirement of physical signatures for elderly individuals in contracts entered into with banks, instead of using digital formats. Through bibliographic and jurisprudential review, employing the explanatory method, this study addresses security and accessibility, the new perception of elderly individuals regarding technology, and the need for solutions that reconcile their protection with digital inclusion and freedom of choice, as well as the regulation of new means of contracting. It concludes that the effective protection of elderly consumers requires harmonizing legal security and digital access, without resulting in technological exclusion.
Affirmative policies for the inclusion of persons with disabilities in the labour market: a comparative analysis between Brazil and Mexico
The present article aims to identify what are the affirmative policies for the inclusion of persons with disabilities in the labour market in Brazil and in Mexico, under the Convention on the Rights of Persons with Disabilities (“CRPD”), which both countries ratified; what are the points of convergence and divergence between their models of affirmative policy, respectively, the establishment of a minimum quota of job vacancies destined to persons with disabilities, and tax incentives to employers who employ persons with disabilities; and what are the challenges these countries face regarding the public policies that were analyzed. The methodology used consists of a bibliographic review.