Anais do Congresso Brasileiro de Processo Coletivo e Cidadania

FOLHA DE ROSTO

2024-12-19T15:59:38-03:00

FOLHA DE ROSTO

PORTARIA CARTA COMISSÃO CIENTÍFICA XII CONGRESSO BRASILEIRO DE PROCESSO COLETIVO E CIDADANIA

2025-02-02T15:13:36-03:00

PORTARIA CARTA COMISSÃO CIENTÍFICA XII CONGRESSO BRASILEIRO DE PROCESSO COLETIVO E CIDADANIA

THE REPUBLICAN PRINCIPLES AND MORALITY IN THE DECISIONS OF THE FEDERAL SUPREME COURT AND OPERATION LAVA JATO

2024-10-04T16:02:37-03:00

This article analyzes the relationship between judicial bias, administrative morality and the republican principle in the context of the annulment of Lava Jato decisions. Judicial bias directly harms impersonality and equality, pillars of the republican principle, compromising trust in institutions and subverting due legal process. The nullity of evidence obtained through illicit means reaffirms the importance of guaranteeing an ethical process and in accordance with constitutional dictates. Furthermore, administrative morality requires that public power be exercised in an ethical and transparent manner, providing protection against abuse and undue favoritism. The article concludes that judicial impartiality and administrative morality are fundamental to the preservation of the Democratic Rule of Law, ensuring that judicial decisions are fair and legitimate, always guided by the public interest and the common good.

O PRINCÍPIO DA MORALIDADE PÚBLICA NA ADPF Nº 347: REFLEXÕES SOBRE A CRISE DO SISTEMA PRISIONAL BRASILEIRO

2024-10-02T16:14:24-03:00

The present article aimd to study how the principle of public morality influences the achievement of the dignity of individuals serving sentences in correctional facilities. By evaluating the arguments presented by the ministers in the context of the Arguição de Descumprimento de Preceito Fundamental (ADPF) No. 347, it becomes evident that the conduction of public administrators in managing national prison policies does not adhere to moral standards. Various actions identified as causes of the Unconstitutional State of Things (Estado de Coisas Inconstitucional) in Brazilian prisons, such as insufficient allocation of financial resources, failure to meet basic health standards, and lack of provision for education, health, and legal assistance services, indicate a lack of ethical commitment from public administrators. To overcome the prison crisis, concrete measures that consider both legality and morality must be adopted to ensure that fundamental rights are effectively respected and that human dignity is placed at the center of public authority actions.

THE USE OF BODY CAMERAS BY LAW ENFORCEMENT OFFICERS AS A TOOL FOR PROMOTING THE PRINCIPLE OF ADMINISTRATIVE MORALITY

2024-10-02T15:16:40-03:00

This paper analyzes the relationship between the use of body cameras by law enforcement officers and the effectiveness of the principle of administrative morality. Starting from a contextualization of the State's police power and the challenges of curbing abuse of power, the study explores body cameras as a tool for controlling and ensuring transparency in police activity. It examines initiatives that seek to regulate the use of cameras, highlighting Ministry of Justice Ordinance No. 648/2024, which establishes guidelines and mandates the use of cameras in a variety of situations. The paper also addresses administrative morality as a principle that guides the actions of Public Administration, demanding ethical, transparent, and public interest-oriented conduct. It briefly demonstrates how body cameras can contribute to the realization of morality in public safety, preventing abuses and promoting public trust, and how changes in the Law on Administrative Impropriety, which may hinder the accountability of public officials in cases of misconduct, do not prevent the configuration and punishment of an act of administrative impropriety. Therefore, this paper is based on the hypothesis that the non-use of body cameras by members of public security agencies in accordance with Ministry of Justice Ordinance No. 648/2024 violates the principle of administrative morality, since the effectiveness of this principle also depends on police control tools such as the widespread use of body cameras, a hypothesis that is tested using the hypothetical-deductive method.

BRAZILIAN DEMOCRATIC RULE OF LAW AND THE CITIZEN CONSTITUTION: STRUCTURE, CHALLENGES AND PERSPECTIVES

2024-09-30T05:13:34-03:00

This article examines the challenges faced by the Democratic State of Law in Brazil, highlighting the importance of the 1988 Citizen Constitution, the fundamental rights it upholds, and the current threats to democracy. Through an analysis of popular participation and constitutional guarantees, the study discusses how the Constitution ensures individual and collective rights, as well as the need for protection against setbacks and violations. The study also addresses the implications of antidemocratic attitudes and the role of the Penal Code in preserving the democratic regime. The methodology used will be a review: both bibliographic and normative on the subject. Additionally, a case study will be conducted specifically on the antidemocratic acts against Congress, the Presidential Palace, and the Federal Supreme Court on January 8, 2023, which are considered political crimes, in order to demonstrate the current state of the art on the topic. It is concluded that raising public awareness about the importance of following a progressive and positivist path is fundamental for the preservation of democracy, ensuring respect for the principle of human dignity and fundamental and social rights, thus promoting the fullness of Brazilian citizenship.

REFLEXÕES HISTÓRICAS DA FORMAÇÃO DO CONCEITO DE ESTADO: CONSIDERAÇÕES CRÍTICAS ÀS PRÁTICAS DO ESTADO LEGALISTA.

2024-09-30T04:19:27-03:00

The current Brazilian scenario is marked economically by the process of globalization and all the elements that involve it, as well as by the advancement of Neoliberal policies that serve as rhetoric for power managers to implement the minimum for social policies and at the same time the maximum for Capital and its holders. In this scenario, it is necessary to (de)construct theoretically and axiologically the concept of State, seeking to demonstrate the historical period of its birth and the conditions that allowed this to happen, as well as pointing out some criticisms of the practices of the Legalist State disguised as a State. Democrat of Law who daily succumbs to rights gradually acquired by the Brazilian population.

THE SCHOOL AS A SPACE OF SOCIAL PROTECTION: COMBAT INFORMALITY IN BRAZIL

2024-10-02T15:03:24-03:00

This article aims to expose the situation of the working class in Brazil and how school dropout constitutes an epicenter of child labor which, consequently, reproduces informal employment in adulthood and creates obstacles in social security; correlating with the ethnic-racial groups that are most affected by inequalities. The school as a space for rights is the backbone for reducing socioeconomic vulnerability. The method adopted was analytical-deductive, using historical, sociological and legal material, from books and scientific articles, which were analyzed in the preparation of the research.

A DIFICIL DEFINIÇÃO DE UM CONTEÚDO PARA A DEMOCRACIA E AS CONDIÇÕES QUE FAVORECEM O SEU FLORESCIMENTO

2024-10-04T09:11:24-03:00

A democracia é um conceito altamente debatido atualmente, países das mais diversas tendências se afirmam democráticos gerando dúvidas a respeito do que efetivamente e materialmente caracteriza uma democracia. O presente artigo pretende através de revisão bibliográfica e confronto com as normas da Constituição Brasileira buscar compreender a construção de um conteúdo para a democracia que seja palpável materialmente através de critérios passíveis de serem aferidos. A indefinição de um conteúdo material para a democracia pode torna-la um conceito vazio e permitir que seus institutos sejam utilizados para afrontar a sua própria essência, manipulando-a. O artigo também, a partir de uma definição desse conteúdo da democracia busca identificar as condições que favorecem o florescimento da democracia e são capazes de torna-la mais robusta e protegida de crises.

THE REGULATORY AGENCIES AS AMICUS CURIAE IN CLASS ACTIONS

2024-10-04T10:28:30-03:00

O presente artigo foi elaborado a partir de uma revisão bibliográfica de artigos científicos e doutrina especializada sobre a relevância e o papel das agências reguladoras como amicus curiae em processos coletivos, com o objetivo de analisar o impacto de sua participação na efetividade das decisões. As agências reguladoras, como órgãos governamentais dotados de expertise técnica em setores específicos, têm a incumbência de regular e fiscalizar atividades e serviços de interesse público. Por outro lado, os processos coletivos representam mecanismos de acesso à justiça e de resolução de litígios que afetam uma coletividade. Neste contexto, a hipótese deste artigo investiga a existência de entraves nos processos coletivos e na efetividade de suas decisões, especialmente no que diz respeito à delimitação de limites objetivos e subjetivos. Ademais, busca-se avaliar se a participação das agências reguladoras pode constituir uma hipótese capaz de oferecer suporte técnico na resolução desses litígios e, por consequência, garantir a efetividade nas decisões afetas a essa coletividade

CONSTITUTIONAL COMPLAINT AND CONSTITUTIONAL INTERPRETATION: A STUDY BASED ON PETER HÄBERLE’S OPEN SOCIETY OF INTERPRETERS

2024-10-03T18:18:54-03:00

In his work “Constitutional Hermeneutics: The Open Society of Interpreters of the Constitution: A Contribution to Pluralist and ‘Procedural’ Interpretation of the Constitution,” Peter Häberle proposes that everyone participate in constitutional interpretation. However, Article 103 of the 1988 Constitution of the Federative Republic of Brazil contains a closed list of parties authorized to initiate abstract constitutional control actions. In contrast, the constitutional complaint allows interested parties, individually or collectively, to seek the interpretation of binding decisions made in the context of abstract control. In this context, the guiding question of this work is: is the complaint an instrument for the democratization of constitutional interpretation according to Peter Häberle's hermeneutic proposal? To investigate this question, the hypothetical-deductive method was used, formulating the hypothesis that the complaint allows individuals or collectives excluded from Article 103 of the Constitution to participate in the interpretation process of binding decisions made in abstract control, serving as a tool for democratization in line with Häberle's hermeneutic proposal by allowing more voices to be heard in the interpretative process, reflecting the plurality of perspectives of those who live under the norm. The general objective is to understand the use of the complaint as a tool for democratization, while the specific objectives are to analyze Häberle's hermeneutics, constitutional interpretation, and active legitimacy in the complaint. To achieve this, sources from books and scientific articles were used. The results obtained confirm the research hypothesis, contributing to the study of constitutional law.

THE DEMOCRATIC CRISIS AND DIGITAL RIGHTS: THE REPUBLICAN PRINCIPLE AS GUARDIAN OF COLLECTIVE RIGHTS AND CITIZENSHIP IN THE DEMOCRATIC STATE OF LAW

2024-10-04T23:06:56-03:00

ABSTRACT

The contemporary democratic crisis, intensified by technological transformations and the rise of digital platforms, profoundly challenges the pillars of the Democratic Rule of Law and the active participation of citizens. The control of information, the dissemination of disinformation and the concentration of power in the hands of large technology corporations compromise the integrity of democratic institutions and the balance of public debate. In this scenario, digital rights – such as privacy, freedom of expression and access to information – become fundamental instruments in the defense of collective rights and the preservation of democracy.

The republican principle, with its emphasis on justice, transparency and the common good, emerges as a guardian of these rights, offering a normative solution to face the threats posed by the digital environment and strengthen democratic governance. This article analyzes how the application of the republican principle in the regulation of digital platforms can ensure the protection of fundamental rights and guarantee equitable participation in the digital space. Furthermore, it discusses the importance of public policies that promote the protection of these rights and the integrity of democratic institutions, especially in times of crisis. By integrating the republican principle into digital governance, it is possible not only to preserve collective rights, but also to consolidate a rule of law that meets the demands of the digital age and the needs of citizens.

Keywords: Democratic crisis. Digital rights. Republican principle. Collective rights. Citizenship. Democratic rule of law.

A INDÚSTRIA DA MINERAÇÃO NO BRASIL: A RELAÇÃO ENTRE POLÍTICAS PÚBLICAS E O LICENCIAMENTO AMBIENTAL

2024-10-05T01:20:39-03:00

Public policy is an instrument that aims, among others, to achieve social well-being and the country's sustainable development. In this sense, this study addresses the Brazilian mineral industry, its importance for the economy, and the promotion of developments in different aspects, including the environment. The need is emphasized for the exploration of mineral resources to be aligned with the policies envisaged for the location where they are located, and that these policies follow the guidelines established by the State and the Federation. To this end, the work investigated the relationship between federal and state public policies and the environmental licensing process, analyzing how public policy on the environment and mining, through environmental licensing instruments, occurs, focusing on the three states of the federation that have the greatest presence in the mineral sector: Minas Gerais, Pará, and São Paulo. Thus, it was possible to understand that government policies, the Mining Code, regulatory agencies, and state inspection entities, are fundamental to ensuring that mineral exploration occurs sustainably, protecting the environment, and ensuring responsible use. of natural resources. However, the risk inherent to the activity requires a constant search for best practices to strike a balance between development and preservation.

GRUPOS DE TRABALHO E COORDENADORES

2024-12-19T16:14:12-03:00

GRUPOS DE TRABALHO E COORDENADORES

COMISSÃO ORGANIZADORA

2024-12-19T16:07:30-03:00

COMISSÃO ORGANIZADORA

EXPEDIENTE

2024-12-19T16:02:43-03:00

EXPEDIENTE

CARTA XII CONGRESSO BRASILEIRO DE PROCESSO COLETIVO E CIDADANIA

2025-02-02T15:15:12-03:00

CARTA XII CONGRESSO BRASILEIRO DE PROCESSO COLETIVO E CIDADANIA

APRESENTAÇÃO

2024-12-19T16:16:17-03:00

APRESENTAÇÃO

THE UNCONSTITUTIONAL ENVIRONMENTAL STATE OF AFFAIRS: CONSIDERATIONS ON ADPF 760-DF

2024-10-02T15:14:39-03:00

This article analyzes the declaration by the Federal Supreme Court of an Unconstitutional Environmental State of Affairs due to the institutional dismantling of environmental protection bodies and mechanisms in Brazil. In the judgment of the Claim of Non-Compliance with Fundamental Precepts (ADPF) No. 760-DF, the Supreme Court understood that there is an unconstitutional state of affairs in environmental matters, requiring measures of a structural nature, considering that art. 225 of the Federal Constitution enshrines everyone's right to an ecologically balanced environment, giving the Public Power the duty to defend and preserve it for present and future generations. In addition to constituting a fundamental right in itself, a healthy environment is internationally recognized as a prerequisite for the enjoyment of other rights that are part of the existential minimum, in such a way that environmental protection is not a political option, but a constitutional duty, which, once again, it reinforces the legitimacy of judicial action. For the development of the work, bibliographical and documentary research was carried out, with a qualitative approach, whose data collected were analyzed based on the application of hypothetical-deductive and inductive methods.

AS FACES DA INTERNAÇÃO: PENA OU MEDIDA SOCIOEDUCATIVA?

2024-10-02T15:22:44-03:00

This article is a Literature Review aimed at exploring the impact of juvenile detention measures by analyzing the social and psychological implications of this process, the conditions in Rehabilitation Centers, and the relationship between deprivation of liberty and the effectiveness of socio-educational measures. The theoretical and methodological framework was based on the principles of socio-educational care and children’s rights. The research corpus comprised publications from the National System for Socio-Educational Services (SINASE) and the Child and Adolescent Statute (ECA). Throughout the study, it was identified that, although juvenile detention aims to be socio-educational, it often constitutes a form of punishment that violates fundamental rights and undermines the rehabilitation process. Based on the analysis of the reviewed works, the conclusion is that juvenile detention should be replaced with socio-educational alternatives. To achieve this, further research is needed to explore innovative and effective strategies for the social reintegration of adolescents, ensuring their rights are respected and fostering an environment conducive to their holistic development. Such research may provide the foundation for building more equitable and effective public policies, contributing to the reduction of juvenile crime and the promotion of a more inclusive and just society.

CHALLENGES AND IMPORTANCE OF A HEALTHY URBAN ARBOREAL ENVIRONMENT: BRIEF COMMENTS ON LAW 11.428/06

2024-10-02T14:58:19-03:00

A presença de árvores nas áreas urbanas é de grande importância para promover benefícios ao meio ambiente. Realizar um inventário da arborização é uma forma de ter uma visão mais precisa da realidade do local, identificando o que está funcionando bem e o que precisa ser aprimorado. Esse diagnóstico é fundamental para um planejamento adequado, que possa tomar decisões acertadas e buscar melhorias presentes e futuras, já que o objetivo da arborização urbana é trazer benefícios e não problemas. Com base nos resultados do diagnóstico, é possível planejar e projetar a ampliação das múltiplas funções benéficas que a arborização pode trazer para o ambiente urbano. Ao conhecer as características das espécies arbóreas, é possível prever antecipadamente possíveis conflitos com outros elementos físicos da cidade, determinar os espaçamentos adequados para as árvores e, assim, reduzir os custos futuros de manutenção, como podas e remoções de espécies mal planejadas. Assim, o presente estudo cuidou de apontar a importância e os entraves de se ter e manter áreas arbóreas em ambientes urbanos, apresentando fundamentos legais, notadamente no que se refere a Lei 11.428.

THE WEAKING OF THE SYSTEM OF PRECEDENCE OF THE HIGH COURT OF JUSTICE WITH THE ADVENT OF CONSTITUTIONAL AMENDMENT 125/2022: THE FILTER OF RELEVANCE IN SPECIAL RESOURCES

2024-10-04T11:42:02-03:00

ABSTRACT

This article addresses the weakening of the precedent system of the Superior Court of Justice (STJ) after the promulgation of Constitutional Amendment 125/2022, which introduced the "relevance filter" as a new admissibility criterion for special appeals. The study explores how this change, by restricting the number of cases that reach the STJ, can compromise the fundamental role of precedents in standardizing jurisprudence and guaranteeing legal certainty in Brazil. The research adopts as its methodology the bibliographical review, the dialectical method for confronting ideas, and the deductive method to analyze the practical implications of the new filter. Furthermore, an empirical analysis based on statistical data provided by the STJ and the Federal Supreme Court (STF) is used to quantify the impact of the Amendment in reducing the number of cases judged and, consequently, in the formation of precedents. Concerns are discussed that the relevance filter, although designed to increase the efficiency of the STJ by allowing the Court to focus on issues of greater legal and social impact, may paradoxically weaken the cohesion and predictability of the legal system. The study concludes that Constitutional Amendment 125/2022, despite its optimization intentions, could have significant negative effects on the effectiveness of the precedent system, weakening the stabilizing and guiding function of the higher courts.

HE USE OF MARINE ENVIRONMENTS: AN ANALYSIS OF THE PRINCIPLES OF THE POLLUTER-PAYS AND THE RECEIVER PROTECTOR FROM THE PERSPECTIVE OF THE BLUE AMAZON DOCTRINE

2024-10-04T22:38:15-03:00

ABSTRACT

The use of marine environments represents a central issue in contemporary environmental discussions, especially considering its relevance to biodiversity, the global economy and sustainable development. This paper presents the concept of the “Blue Amazon” doctrine, the evolution of territorial discussions of maritime space until the awareness of the relevance of seas and oceans for society and the necessary respect for the environment, as a diffuse right, which must be ecologically balanced. The general objective of the paper is to analyze the polluter-pays and protector-receiver principles from the perspective of the aforementioned doctrine. The specific objectives consist of a) examining the evolution of discussions on the Law of the Sea; b) describing and examining the “Blue Amazon” doctrine, presented by Wagner Menezes in conjunction with goal 14 of the sustainable development goals; c) analyzing legislation and conventions that regulate business activities according to the polluter-pays and protector-receiver principles, distinguishing these principles, as well as their compatibility with the “Blue Amazon” doctrine. The descriptive, deductive methodology is adopted, with a bibliographic review of legal works. It is concluded that the mere payment by the polluter for environmental damages can create a perverse incentive for financial analysis, in which compensation is assessed as compensatory, in view of profits obtained even if the violation is irreversible. Thus, ocean education plays a vital role in the protection and prevention of damage to marine environments.

Keywords: Environmental law. polluter-pays principle. protector-receiver principle. sustainable use of the balanced environment. Blue Amazon doctrine.

REPUBLICAN PRINCIPLE AND THE RESPONSIBILITY OF SOCIAL NETWORK PROVIDERS: IMPACTS ON SOCIAL BEHAVIOR

2024-10-04T19:04:04-03:00

The present work intends to address the responsibility of social network providers in light of the republican principle, also analyzing the current decisions on the subject in the Superior Courts. With the increasing use of social networks, there is a significant impact, both on Law and on life in society. Freedom of expression, a fundamental right guaranteed by the Federal Constitution (article 5, item IV) and by Law 12,965/2014 (article 2), allows individuals to use the internet to express their opinions and expose their activities, in general. However, the indiscriminate use of these platforms also facilitates the commission of crimes without major consequences for offenders, which raises concerns not only for the Law, but also regarding good coexistence, equality and the structure of the State. Using the dialectical method, the work revisits philosophical thoughts and the General Theory of the State, applying them to the field of civil liability of social network providers in contemporary times. Jurisprudential research shows that fundamental rights must be preserved, in light of the republican principle, balancing them with human rights and social values, guaranteeing coexistence based on respect, justice and responsibility.

O PAPEL DO MINISTÉRIO PÚBLICO COMO GARANTIDOR DOS DIREITOS SOCIAIS DOS AGENTES INTERDITADOS

2024-10-04T11:23:49-03:00

The purpose of the interdiction and curatorship is to look after the interests of the person who, due to his personal condition, does not have the possibility of managing his or her own business acts, since the factual assumption of the prohibition is his or her own disability. It is the curator’s task to provide the best for the interdict, assuming the state commitment, bearing with munus publicum of which he must give an annual account. It is true that the annual reporting in practice is only done when the Public Prosecutor’s Office so requires in the injunction documents, in contrast to the legislation that determines the presentation of the annual reporting. The objective of this study is to highlight the need for external control practiced by the Public Prosecutor’s Office, requiring expressly in all processes that is decreed prohibition of person who receives income or owns property, to the presentation of annual balance sheet. For this, a research by deductive method from literature review was

TRUE OWNERS OF THE LAND: THE PROTECTION OF PEOPLE ORIGINATING IN BRAZIL

2024-10-02T15:35:41-03:00

The Indians are the original people and true owners of the land. These were accused of, for a long period, actions mitigating their fundamental rights and guarantees, perpetrating a past of injustice and violence. Therefore, the present work set out, as its main objective, to investigate the fundamental rights and guarantees granted to original peoples in Brazil. As an accessory, the origin of the Brazilian territory was presented; there was talk about the Federal Constitutions of Brazil and their regulation regarding fundamental rights and guarantees in relation to indigenous peoples. The 1988 Federal Constitution was presented and the guarantee of specific rights to original peoples, such as health, education, property and culture. It was shown that Law 6,001/73, (Indian Statute), was partially accepted by the 1988 Constitution, due to its integralist policy. Finally, the concept of Buen Vivier (Sumak Kawsay) was presented in the Constitutions of Ecuador and Bolivia as a fundamental principle of social development as well as respect for ancestry in relation to original peoples. It was highlighted that in Brazil, the emancipatory multicultural policy is in force, and it should adopt an intercultural policy in the medium-long term. The work is justified by the relevance it assumes in the social, political, academic and economic context. The research methodology was deductive, data collection carried out qualitatively through bibliographical research.

JUDICIAL ACTIVISM IN THE TAX SPHERE: ANALYSIS OF THE JUDGMENT OF RE Nº 574.706/PR BY THE FEDERAL SUPREME COURT

2024-09-30T04:36:14-03:00

The scope of this work is to deal with the phenomenon of judicial activism as a way of realizing fundamental rights, with emphasis on the tax sphere. Thus, the famous case of Extraordinary Appeal nº 574.706/PR, Theme 69, judged by the Federal Supreme Court (STF) with general repercussion, known as “Thesis of the Century”, which excluded the ICMS from the calculation base, was analyzed. of PIS and COFINS. Despite numerous criticisms of the phenomenon, it is clear that it becomes necessary in cases where the Judiciary is in situations that must guarantee rights provided for in the Federal Constitution, as is the case with the principle of non-cumulativeness, provided for in art. 155, §2, item I, of the Federal Constitution. Thus, for the development, the method of systematic bibliographical research was used, through the search of periodicals, mainly "Jurisdiction and Judicial Activism: limits of the Judiciary's performance", by Clarissa Tassinari, "The Inadequate Theoretical Receptions in Terra Brasilis", by Lênio Luiz Streck and “Judicial activism and its effects on tax matters”, by Eduardo Maneira. Keywords such as advance directives are: judicial activism, fundamental rights, tax, fiscal, guarantor, legal interpretation, legal discretion, among others. Finally, during the development of the work, the phenomenon of judicial activism and its conditioning relationship with the judicialization of politics were discussed, as well as the necessary notes for its differentiation. In the last chapter, the analysis of the case of RE nº Extraordinary Appeal nº 574.706/PR, Theme 69, judged by the Federal Supreme Court (STF) in general repercussion, known as “Thesis of the Century”, was presented, as well as its discussions about its importance for the current constitutional scenario of the government and its consequences.

JUDICIAL ACTIVISM AND THE IMPLEMENTATION OF FUNDAMENTAL RIGHTS: A REFLECTION ON THE CARELESS USE OF HERMENEUTICS IN THE FEDERAL CONSTITUTION

2024-09-30T04:27:26-03:00

The 21st century is marked by major transformations and changes in the scenario, many of which were conquered decades before, with the establishment of Democracy and the prediction of numerous fundamental rights in the Federal Constitution of 1988. However, this is not the only thing that stands out: there is an enormous legal role, that is, the Judiciary with more severe actions and even often with prerogatives of other powers. With the careless use of legal hermeneutics, the Courts have adopted more activist postures, presenting different interpretations of the constitutional texts, which constantly generates criticism of the phenomenon, mainly about the purpose in which it is guided: realization of fundamental rights. Thus, for the development, in addition to the works indicated by the professor, the method of systematic bibliographical research was used, through the search for journals, mainly “Jurisdiction and Judicial Activism: limits of the Judiciary’s performance”, by Clarissa Tassinari and “Theoretical Receptions Inadequates in Terra Brasilis”, by Lênio Luiz Streck. Finally, during the development of the work, the concept and origin of judicial activism and its conditioning relationship with the judicialization of politics, as well as its differentiations, were discussed. In the last chapter, the main criticisms of the phenomenon and the solution presented by Lenio Streck, with the Judicial Decision Theory, were presented.

MENTAL HEALTH AND A HEALTHY WORKING ENVIRONMENT: AN ANALYSIS OF LEGAL AND PSYCHOLOGICAL ASPECTS

2024-10-04T13:42:08-03:00

This article explores the intersection between mental health and the work environment, analyzing the legal and psychological aspects involved. The 1988 Federal Constitution recognizes the right to a healthy working environment, but Brazilian labor legislation still has gaps in protecting workers' mental health. The study shows that unfavorable working conditions, such as work overload and bullying, can trigger mental disorders such as anxiety, depression and Burnout Syndrome. These problems have a negative impact on productivity, increase absenteeism and generate significant costs for companies. The employer's responsibility to ensure a safe and healthy working environment is emphasized. Brazilian legislation provides for civil and, in some cases, criminal liability for companies that fail to fulfill this obligation. However, the application of these standards still faces challenges. Organizational psychology plays a crucial role in promoting mental health at work, offering tools and strategies for creating healthier and more productive environments. Implementing wellness programs, promoting a positive organizational climate and offering psychological support are essential measures to prevent workers from becoming mentally ill.

CITIZENSHIP DENIED: DISRESPECT FOR THE RIGHT TO LAND AND CULTURAL DIVERSITY OF INDIGENOUS PEOPLES

2024-10-03T00:09:43-03:00

The present study aims to understand the denial of citizenship to indigenous peoples, especially in relation to cultural rights and access to land in the Brazilian context. To achieve the proposed objective, we seek to dialogue with literature and relate it to events in Brazilian history. Methodologically, this is a bibliographical and hypothetical-deductive research that seeks to answer the following question: How does denied citizenship impact the lives of indigenous peoples? At the end of this study, it is considered that citizenship was denied to indigenous peoples through ethnocide, the non-demarcation of indigenous lands and the violation of rights conquered through historical struggles, negatively impacting the lives of indigenous peoples. However, there have been significant advances in recent times, as well as setbacks that prevent indigenous people from living in accordance with their cultural aspects.

A PROTEÇÃO DE DADOS COMO DIREITO FUNDAMENTAL INDIVIDUAL E ELEMENTO AO EXERCÍCIO DA CIDADANIA NO BRASIL

2024-10-02T16:09:39-03:00

This work analyzes how the advancement of technological means in the face of accelerated growth turns the individual into an agent of two worlds. It is not possible today to disconnect the real individual from the digital universe, because even if they are not present, their information is circulating 24 hours a day on servers around the world and can be used by the data owner or by third parties. By methodologically analyzing the specific literature developed on the subject and by imputing international legislation on the subject, we create a logical spiral that directs us to the center of knowledge capable of allowing us to evaluate the same topic in Brazil, but with an impartial and analytical focus on the matter. of how Brazilians' information is protected and how this threat can harm individual security, the exercise of citizenship and, in more extreme scenarios, National Security, as fragility in the management of information plays a fundamental role in access to international financing and above all, maintenance of sovereignty.

THE LEADING ROLE OF THE FEDERAL SUPREME COURT IN ENFORCEMENTING THE HUMAN RIGHTS OF MINORITIES

2024-10-02T15:58:13-03:00

Abstract: This research aims to investigate the role of the Federal Supreme Court in realizing the human rights of minorities. As a hypothesis, we consider that the Brazilian Supreme Court acts in a way that leads the judicialization of politics, however, it does not necessarily adopt an activist stance, but rather a complementary one, given the omission of the Legislative and Executive Powers in guaranteeing fundamental rights, minority rights and Human Rights. In the first section, the choice of the Brazilian judicial system for a constitutional democracy will be addressed. In the second section, the case of the Federal Supreme Court and models of judicial behavior will be briefly analyzed. In the following, we will deal with the Supremacy of the Constitution while we address the judicial role in the face of the inertia of the other powers. The choice of this theme is justified by the commitment that the democratic rule of law has in promoting social and individual rights, with the aim of developing citizenship, based on values such as democracy, equality, solidarity, freedom, respect for diversity. To this end, we used the bibliographical research technique, the chosen method is hypothetical-deductive. Furthermore, this study is exploratory in nature, with a qualitative approach. The procedures adopted include bibliographic review and document analysis.

Keywords: Federal Supreme Court; Constitutional Law; Judicial Protagonism; Human Rights; Supremacy of the Constitution.

CITIZENSHIP IN THE FACE OF SOCIOECONOMIC VULNERABILITY AND THE PROVISION OF CIVIL JUSTICE: A VISION AIMED AT BETTER EFFICIENCY

2024-10-02T15:43:11-03:00

The aim is to analyze the citizenship aspects of people in socio-economic vulnerability who need civil justice; to present the legal institutions that help the socio-economically vulnerable; to indicate which legal institutes are applicable for this purpose. And, the research problem: In view of the civil legal institutes in place to help the socio-economically vulnerable, is it possible to improve their effectiveness? How?

The research was carried out using the deductive method, with a bibliographical review and analysis of legislation and documents, as well as exploratory research to understand and describe the object. And, through explanatory research to solve the problem, the results of which point to suggestions aimed at improving the effectiveness of the institutes analyzed in the final considerations of this article.

OVERCOMING LEGAL DOGMATICS IN HANDLING CONFLICTS AND IN THE DEMOCRATIZATION AND EFFECTIVENESS OF LAW

2024-10-02T15:24:32-03:00

For a long time, legal dogma has been highly effective in organizing and limiting the powers of the State and, in particular, in regulating life in society. However, it often fails to be effective in resolving conflicts. Therefore, the study is based on the following question: how can processes of resuming dialogue between people serve as a mechanism for resolving conflicts that prioritizes the sensitivity and autonomy of the parties involved, contributing to the democratization of the Law and its greater effectiveness? The theoretical study, with a deductive approach, has an explanatory character, carried out by technical, bibliographical and documentary procedures, and shows that currently, legal dogma has not been able to deal with the treatment of conflicts between citizens, relying instead on mediation as a way of reestablishing dialogue between the people involved. Although this way of dealing with conflicts does not exclude the law and cannot be adopted for all conflicts, there is an indication that, through it, legal dogma has often been overcome and, at the same time, corroborated the effective democratization of law in the treatment of conflicts.

BUILDING WOMEN'S CITIZENSHIP IN BRAZIL: NOTES ON FEMALE REPRESENTATION IN ELECTIVE POSITIONS

2024-10-02T15:19:15-03:00

O artigo analisa a trajetória histórica das mulheres no Brasil, destacando a luta por cidadania e direitos em um contexto de opressão patriarcal. Inicialmente, as mulheres foram relegadas a papéis domésticos, limitando sua participação no espaço público. A partir de uma análise crítica, presente estudo evidencia como o sistema patriarcal, predominante desde 1500, perpetuou a vida das mulheres, influindo na subcidadania feminina. Diante dessa exclusão, as mulheres começaram a reivindicar seus direitos civis, políticos, à educação e ao trabalho, impulsionadas pelos movimentos feministas. Essa luta culminou na conquista do direito ao voto, um marco para a inclusão e a construção de uma sociedade democrática. O presente artigo utiliza enquanto método de pesquisa uma abordagem dedutiva e a técnica de pesquisa bibliográfica, especialmente na obra “La sociedad de los iguales”, de Pierre Rosanvalon, para discutir a desigualdade de gênero e a exclusão das mulheres da esfera pública. O artigo analisa, em primeiro lugar, a evolução do papel feminino na sociedade brasileira e, em segundo, a representatividade política, refletindo sobre o impacto dessas transformações na inclusão das mulheres em cargos eletivos.

SOLO MOTHERHOOD: A CULTURAL AND LEGAL APPROACH TO WOMEN'S RIGHTS IN BRAZIL

2024-10-02T15:29:11-03:00

Throughout history, “single mothers” have faced social and legal stigmas, especially for not being part of a marital relationship, either because they raise their sons and daughters without the physical presence of the father, or because of the unequal division of motherhood. In view of this, through a deductive study based on a bibliographical study, the main objective involves reflecting on social and legal perspectives regarding motherhood and the rights of single mothers in Brazil. The study shows that although the 1988 Federal Constitution addresses equality between men and women in all areas, reality shows an incompatible scenario. In the case of motherhood, patriarchal culture continues to take charge of the sexual division of motherhood, which results in an overload for women and, consequently, affects their rights, as well as those of their children. In view of the above, legally, the issue appears to be more peaceful, while culturally, a constant fight against the ills of patriarchy is essential, aiming to understand that motherhood and fatherhood need to develop together.

RELATIONSHIP BETWEEN CHILD PORNOGRAPHY AND THE SOCIOECONOMIC SITUATION OF CHILD AND ADOLESCENT VICTIMS

2024-09-30T04:49:36-03:00

Actions involving the crime of child pornography are typified in articles 240 et seq. of the Child and Adolescent Statute. Just like other forms of child sexual abuse, victims of child pornography can be of any gender, color or social class. There are reports that there is an increasing recruitment of socially vulnerable minors to serve as victims in this type of crime. The purpose of this article is to discuss whether the socioeconomic situation of children and adolescents is decisive for a minor to become a victim of child pornography. To this end, scientific articles and documents related to the topic were analyzed, as well as newspaper articles and news that link child pornography to poverty.

IMIGRANTES E SEUS “ACESSOS” ÀS POLÍTICAS DE SEGURIDADE SOCIAL NO BRASIL

2024-10-11T10:21:27-03:00

This research explores the health and social security guarantees offered to immigrants in Brazil. This topic is relevant due to the high migratory flow that has historically occurred in Brazil, as well as the significant presence of immigrants who contribute to the country's economic development. The effectiveness and adequacy of protection for immigrants in the area of social assistance and social security not only benefits this population, but also helps to reduce known social risks. The methodology used in this research was logical-deductive in nature, based on analyses of legislation and specialized literature. The purpose was to offer a comprehensive and objective view of the importance of ensuring the protection of immigrants in Brazil through social assistance and social security policies. Among the main results obtained, we highlight the need to guarantee access to social assistance for all immigrants in the country, including those who do not have legal residence; the provision of social security protection to immigrants who contribute to the official Brazilian social security system; and the expansion of international social security agreements that allow the summation of contribution periods between the nations in which the immigrant worked. Thus, the research raises the issue of the importance of the State offering social support to immigrants who choose Brazil as their destination. This is due to the importance of the workforce and economic growth provided by immigrants, and it is essential that society assumes the responsibility of guaranteeing them minimum security.

SANEAMENTO BÁSICO E OBJETIVOS DO DESENVOLVIMENTO SUSTENTÁVEL 6 NO BRASIL: PERSPECTIVAS TEÓRICAS

2024-10-02T15:50:17-03:00

ABSTRACT

Basic sanitation is essential to guarantee the dignity of human life and to promote health and environmental quality, so the lack and/or inefficiency in the provision of its services mainly affects the population in situations of social vulnerability. The universalization and democratization of these services are being discussed in current legislation and are essential to guarantee sustainable development. Therefore, the general objective of this work is to analyze the current situation in the provision of water supply and sewage services in Brazil, with an emphasis on the universalization of services and the achievement of the 2030 Agenda, in particular the Sustainable Development Goal (SDG). ) 6 (Drinking Water and Sanitation). This descriptive research, with a qualitative approach, uses content analysis as a method, by Bardin (2011), with a secondary basis of information collected on the National Sanitation Information System (SNIS) platform. The 2030 Agenda is a global plan with the motto of leaving no one behind, it contains 17 SDGs and 169 goals, with a time horizon until the year 2030. The results of this study indicate a drop in the city's water supply index. population, small progress in sewage services and lack of connection to the water and sewage network, among other problems that interfere with the universalization of sanitation and, therefore, the achievement of goals 6.1 and 6.2 of SDG 6.

Keywords: Water supply. Sanitary sewage. Universalization. Agenda 2030. Sustainable Development Goals.

LEGISLAÇÃO E INCLUSÃO: UM ESTUDO SOBRE AS POLÍTICAS DE PROTEÇÃO ÀS MINORIAS NO BRASIL

2024-09-30T04:43:44-03:00

este artigo examina a legislação brasileira, que regulamenta a proteção e inclusão das minorias no contexto democrático, buscando enfatizar a importância de alinhar teorias de cidadania e reconhecimento social com as leis práticas que visam proteger os direitos de grupos minoritários em diversos contextos sociais no Brasil. Assim, o objetivo principal é analisar como a legislação brasileira trata da proteção e inclusão das minorias e, secundariamente, examinar as teorias relevantes de cidadania e aplicação desses conceitos ao contexto legislativo atual. Para tanto, utilizou-se uma abordagem mista, que combina revisão teórica das teorias de cidadania e reconhecimento e análise documental de documentos-chave, como a Constituição Federal de 1988, o Estatuto da Igualdade Racial, a Lei Brasileira de Inclusão, entre outros. A análise revela que, apesar de uma estrutura legislativa abrangente destinada a assegurar os direitos das minorias, existem discrepâncias significativas entre as garantias legais e a realidade enfrentada por esses grupos. Concluiu-se que, para uma inclusão efetiva das minorias no Brasil, é necessário não apenas revisar e fortalecer a legislação existente, mas também implementar políticas públicas mais eficazes, que abordem as barreiras sociais e estruturais à inclusão.

A FINITUDE HUMANA E A NECESSIDADE DA TUTELA ESTATAL NA VELHICE: PREVIDÊNCIA SOCIAL COMO DIREITO UNIVERSAL.

2024-10-02T15:46:23-03:00

Social security is a topic widely discussed around the world, especially in South America. This research focused on the social security systems of Brazil and Chile, seeking to answer the following question: how do the different approaches to social security in these countries impact the guarantee of fundamental rights and the protection of citizens? The research used the deductive method, based on a bibliographic analysis of the significant changes that social security has undergone over the decades. The results indicate that social security can be positive, by guaranteeing fundamental rights and protecting citizens, but it can also be negative, when poorly implemented, resulting in disparities and injustices. The research concluded that social security requires moderation, supervision, and continuous evolution to ensure the maintenance of a republic and, consequently, of a democracy. Human finitude and the need for state guardianship in old age reinforce the importance of social security as a universal right. Thus, social security should be seen not only as a protection system for old age, but as an essential pillar of any democratic society. This study concludes that it is a fundamental right that guarantees human dignity, equality, life, and health, and should be protected and strengthened to ensure the well-being of all citizens.

PROJECTIONS REGARDING THE ALIGNMENT OF THE BRAZILIAN SOCIAL PROTECTION SYSTEM WITH THE REQUIREMENTS OF THE ILO

2024-09-30T05:33:55-03:00

This article analyzes the alignment of the Brazilian Social Protection System with the requirements of the International Labour Organization (ILO), focusing on the challenges of universal coverage and the financial sustainability of Social Security. The general objective is to evaluate the evolution of the social protection system in Brazil, the implications of Constitutional Amendment 103/2019, and the ILO guidelines for an effective and universal system. The study is exploratory qualitative, based on bibliographic and documentary research. The main results indicate that, despite advances in the inclusion and universalization of social security rights, significant challenges remain, especially regarding financial sustainability and the inclusion of vulnerable groups. Amendment 103/2019 represents an important step towards ensuring the long-term viability of Social Security, although its impact on vulnerable workers raises criticism. It concludes that alignment with ILO guidelines requires ongoing structural reforms, inclusive policies, and a holistic approach that considers the needs of society. It is recommended that further studies be conducted to deepen the understanding of the impacts of recent changes and to assess the implementation of best international practices in the Brazilian context.

A NOVA LEI DE IMPROBIDADE ADMINISTRATIVA E O DESCONTO DO TEMPO REFERENTE À INELEGIBILIDADE QUANDO DA APLICAÇÃO DA PENA DE SUSPENSÃO DOS DIREITOS POLÍTICOS

2024-09-30T04:57:06-03:00

Resumo: este artigo tem como objetivo demonstrar a alteração na sistemática da contagem do tempo de suspensão dos direitos políticos, considerando o período em que o cidadão cumpriu a pena de inelegibilidade. A partir dessa análise, foram destacados os impactos que a alteração legislativa introduzida pela Lei n.º 14.230/2021 trouxe para o direito eleitoral e o posicionamento atual da jurisprudência pátria. A metodologia adotada foi baseada em uma pesquisa bibliográfica e documental, com análise das fontes legislativas e jurisprudenciais pertinentes. Os resultados indicaram que a mudança legislativa introduziu inovações substanciais, como a contagem retroativa do tempo de suspensão dos direitos políticos, o que pode levar a uma aplicação mais justa das penas. No entanto, essa mudança também gerou controvérsias e desafios interpretativos, especialmente quanto à constitucionalidade do art. 12, § 10, da Lei n.º 8.429/92. As críticas se concentraram na possível violação dos princípios de proporcionalidade e segurança jurídica, além de criar incertezas sobre a distinção entre suspensão dos direitos políticos e inelegibilidade. Concluiu-se que o artigo em questão deve ser revisto, pois apresenta problemas de inconstitucionalidade ao conflitar com princípios fundamentais da Constituição Federal de 1988.

Algorithmic Manipulation and the Republican Principle: Safeguarding Digital Citizenship in the Age of Social Media.

2024-10-03T14:34:59-03:00

This article analyzes the relationship between digital citizenship and the republican principle, focusing on the influence of algorithms on political debate on social networks. Citizenship, essential for republican legitimacy, is expanded in the digital environment, where citizens exercise civil, political and social rights. However, the use of algorithms on digital platforms presents democratic challenges, such as the creation of information bubbles and echo chambers, which can limit the pluralism of ideas and public debate. In addition, algorithmic manipulation can introduce despotic characteristics into the interactions between users and digital systems. The article proposes that digital platforms should be held responsible for protecting the plurality of ideas and guaranteeing citizens' informational self-determination, seeking to promote a more inclusive and resilient democracy in the digital environment.

DEMOCRACIA E O POPULISMO PENAL A LEI E ORDEM COMO REALIDADE OU COMO UMA FALSA PROMESSA

2024-10-02T15:26:25-03:00

Populist speeches, especially speeches that proclaim law and order, are often violent and exclusionary and exploit the population's fear and insecurity to implement punitive and authoritarian criminal policies. Thus, the theme of the present study refers to populism and the Democratic Rule of Law, delimiting an approach to the punitive nature that may violate individual and collective rights. Due to the populist political scenario that has gained space in today's society, the general objective, as well as the guiding question, is the following: “law and order” policies based on criminal populism can contribute to the weakening of the Democratic Rule of Law and (in )effectiveness of individual and collective rights. The study was divided into three parts, the first of which aims to address the troubled relationship between the main concepts: democracy and populism. The second theme of the approach deals with how the issue of (in)security is treated in political discourses. Finally, the third period seeks to answer the central question, that is, whether or not the promise of law and order at any cost can contribute to the weakening of the Democratic Rule of Law and the (in)effectiveness of rights. To achieve the proposed objective, deductive reasoning is used as a methodology to intertwine ideas about democracy, populism and criminal policies. As for data collection, the research is bibliographic.

GENDER VIOLENCE AND JURY COURT: feminicide and the (im)possibility of a new trial in the face of a decision manifestly contrary to the evidence in the case

2024-10-04T22:14:10-03:00

This article proposes to discuss the possibility of a new trial in the face of an absolute decision that is manifestly contrary to the evidence in the file in cases of femicide, considering the commitment of the Brazilian State to protect women's rights assumed through international Conventions. Brief considerations are made about the system of the jury, the violations of the human rights of the women present during femicide trials, as well as an analysis of the use of the principle of sovereignty of verdicts as an obstacle to the holding of a new jury, and its implications in the effective exercise and protection of women's rights. The method used was a bibliographic and qualitative review, without prejudice to specific quantitative analyses, as the objective is not to discuss the correctness or incorrectness of judicial decisions, but rather to identify guidelines and the possibility of making the Jury Court's premises compatible with the commitment assumed by the Brazilian State to protect and promote gender equality.

PROGRAMAÇÃO, APOIO E PARCERIAS

2024-12-19T16:12:09-03:00

THE CONCEPT OF CITIZENSHIP FROM THE PERSPECTIVE OF MARTA ARRETCHE: BRIEF ANALYSIS OF THE IMPLICATIONS FOR PUBLIC POLICIES AND INEQUALITY

2024-10-04T22:36:02-03:00

The present research aims to discuss the concept of citizenship from the perspective of Marta Arretche, highlighting the importance of analyzing the concept of citizenship for the elaboration, application and access of citizens to public policies in favor of combating social inequality in Brazil. For Arretche (2018), the definition of citizenship has more than one dimension, going beyond the granting of civil and political rights. In view of this, citizenship encompasses the active capacity of individuals to participate in decisions that impact their lives, as well as the right to a minimum of well-being and security, consolidated in equitable access to services and opportunities. Studies support the essentiality of constant reforms in public policies to ensure that all citizens can enjoy their rights. The methodology of this article is qualitative and analytical, based on the analysis of Marta Arretche's academic production on citizenship and public policies. Although the research focuses on Marta Arretche's perception, other literary and academic productions will also be used with the aim of collaborating with the development of this study.

Keywords: Citizenship, Marta Arretche, Public Policies; inequality

A VULNERABILIDADE INFORMACIONAL E TECNOLÓGICA NA ERA DIGITAL: ANÁLISE DOS DESAFIOS ENFRENTADOS PELOS IDOSOS

2024-12-05T20:10:02-03:00

Este artigo analisa a problemática dos desafios e benefícios oriundos da globalização, em específico dos dilemas decorrentes da expansão digital enfrentados pelo grupo vulnerável de nossa sociedade que envolve os idosos. Nota-se que juntamente com o desenvolvimento tecnológico e digital, com o surgimento da inteligência artificial e da expansão do comércio eletrônico, bem como com as conexões por meio das redes sociais surgiram novos desafios na sociedade, sobretudo em relação aos idosos que vivenciaram uma época desprovida de recursos tecnológicos, digitais e informacionais em comparação com a realidade e contextos que estamos inseridos na atualidade. É necessário analisar como o acesso aos meios digitais e tecnológicos “distanciam” grupos de nossa sociedade do acesso à informação, sobretudo o grupo dos idosos, de modo que é preciso observar o que pode ser feito para minimizar os efeitos negativos dessa realidade para que os idosos tenham condições de acompanhar o “mundo” virtual. Por fim, o presente trabalho adotou o método dedutivo, com revisão bibliográfica e de literatura, tendo sido possível concluir que o avanço da era tecnológica e digital retirou da sociedade, principalmente da parcela idosa, a escolha de estar conectado ou não, sendo evidente que aquele que se encontrasse afastado dos meios digitais, afastar-se-ia, consequentemente, do acesso às informações e dos seus direitos enquanto cidadão.

THE FEDERAL SUPREME COURT AND THE CONSTITUTIONALITY OF THE POWER OF REQUEST ATTRIBUTED TO THE PUBLIC DEFENSE OFFICE: AN ANALYSIS OF THE INSTITUTE'S COMPABIBILITY WITH THE REPUBLICAN PRINCIPLE

2024-10-04T21:48:08-03:00

This work deals with the understanding adopted by the Federal Supreme Court in the judgment of Direct Action of Unconstitutionality (ADI) 6852, in relation to the power to request documents and diligence from public or private bodies, in the exercise of their institutional duties. From this perspective, we seek to analyze the legal compatibility of the aforementioned institute with the republican principle, as the foundation of our Democratic State of Law. In the end, it is concluded that the power to request documents and procedures attributed to the Public Defender's Offices of the Union, the States and the Territory is compatible with the republican principle, given the new guise conferred by EC 80/14, which sought to expressly distinguish the functions of public defenders and private lawyers from other functions essential to Justice. In turn, the power to request documents and procedures does not offend the principle of equality as it is not a privilege of the class or category, but rather a prerogative conferred by the legal system to ensure guaranteed access to justice, in this case specifically to the poor, as an instrument of citizenship for the poorest and excluded from the exercise of fundamental rights provided for in the Federal Constitution.

SOCIAL IMPACT OF ONLINE GAMBLING AND ITS DEMOCRATIC CONSEQUENCES

2024-10-04T14:34:28-03:00

The research aims to identify the main legal challenges arising from the absence of regulation of digital gambling and its impacts on social and democratic rights. It is noted that some social consequences caused by this practice include the increase in social inequality linked to the allocation of resources unavailable for human subsistence and family breakdown, which contributes to the rising demand for public health and education services. The central question that this article seeks to answer is: how is the absence of regulation of online gambling related to the worsening of social problems and democratic erosion in Brazil? To answer this research question, a hypothetical-deductive methodology was employed, structured around the hypothesis that the lack of regulation exacerbates these issues. This involved analyses of scientific articles, studies of current legislation, as well as reviews of recent columns, reports, and editorials. The results indicate that the lack of regulation in Brazil hampers control over the practice, increasing inequalities and contributing to democratic erosion due to income concentration and influence over electoral campaigns. Therefore, robust regulation is essential to mitigate negative effects through awareness campaigns, economic limits, strict oversight, and investigations focused on combating crimes associated with online gambling.

Keywords: Regulation of digital gambling; social impacts of gambling addiction; democratic fragility

AÇÕES PSEUDOINDIVIDUAIS: O CONFLITO ENTRE O ACESSO À JUSTIÇA E A TUTELA DOS DIREITOS COLETIVOS

2024-10-03T21:17:07-03:00

The present article seeks to offer solutions, albeit partial ones, to the crisis arising from pseudo-individual actions. These actions pertain to instances where an individual endeavors to secure collective rights in the broadest sense. The effective safeguarding of these rights poses a challenge, given that the legislator has chosen not to confer standing upon the individual, reserving it for state entities, notably the Public Prosecutor's Office, federal entities, and civil associations. Thus, an apparent confusion arises between the ownership of the right and the legitimacy to litigate. The article aims to demonstrate that this conflict is merely superficial. Despite the high volume of cases, the risk of contradictory judicial decisions, and potential confusion in public policies, it argues that prohibiting pseudo-individual actions is not the most advisable course of action. The advocated proposal involves embracing "class actions" and the ombudsman, expanding the roster of those with standing and, to some extent, discouraging individuals from pursuing solitary actions. The text contends that this approach may contribute to a more effective protection of collective rights, allowing for a more fitting response to the challenges at hand.

DESMISTIFICANDO O FEMINISMO: DESCONSTRUINDO ESTEREÓTIPOS E PROMOVENDO A IGUALDADE DE GÊNERO NA SOCIEDADE.

2024-10-02T16:11:21-03:00

The present study aims to demystify the stereotypes surrounding the feminist movement by identifying its main stages, highlighting the central idea of its historical evolution, and its importance for promoting gender equality. Such a movement is not limited to a single definition, as it can be considered a process in constant evolution, marked by contradictions and advancements. Further on, the importance of legal achievements over time will be emphasized, such as the demands for basic political, social, and economic rights for women, and the expansion to issues such as sexual freedom and bodily autonomy. Recognizing the diverse experiences of women and seeking to combat prejudices of class, race, and sexuality within the feminist movement. Moreover, by using data from IBGE, the Department of Defense, and others, we will understand that there are still many contemporary situations faced by women, such as gender-based violence, educational inequality, and the unequal division of domestic labor that still need to be discussed and improved.

Keywords: Feminism, Gender Equality, Gender Violence, Educational Inequality.

TOPIC 1.169 OF THE STJ: THE NECESSITY OF PRIOR LIQUIDATION AS AN INDISPENSABLE REQUIREMENT FOR THE EXECUTION OF A GENERIC COLLECTIVE JUDGMENT

2024-10-02T16:07:22-03:00

STJ's Topic 1.169, yet to be definitively judged, seeks to resolve the controversy regarding the necessity of prior liquidation as an indispensable requirement for the enforcement of a generic condemnatory judgment in a class action lawsuit when the calculation of the amount due depends on simple arithmetic calculations. It is observed that Regional Courts have dismissed some enforcement proceedings because the case files, in the enforcement phase, had not undergone prior liquidation, a fact that, according to the appealed Decisions, would prevent the proceeding of the enforcement and lead to the extinction of the case. Thus, this work starts from the hypothesis that making liquidation indispensable when the calculation of the amount due results from simple arithmetic calculations is a setback to the Brazilian legal process, harming the rights of litigants and making the Judiciary even slower, a hypothesis that is tested through the hypothetical-deductive method. The collective judgment and the procedure for liquidating a collective judgment are briefly analyzed, followed by a discussion on the high rate of litigation that justifies the sluggishness of the Brazilian procedural system.

THE IMPLEMENTATION OF PROCEDURAL AGREEMENTS AS AN ENCOURAGEMENT OF NEGOTIATED EXECUTION AND ITS IMPACTS FOR BETTER MANAGEMENT OF PUBLIC POLICIES AND ACHIEVEMENT OF CITIZENSHIP

2024-10-02T15:31:37-03:00

The spectrum of the current research consists of the analysis of the institute of conventions or procedural legal transactions, instituted by the still recent Code of Civil Procedure and its positive and possible relationship with regard to the implementation of public policies aimed at achieving the fundamental rights enshrined in the Constitution. State. In this sense, through the agreement, still at the administrative level, of procedural conditions capable of inducing, facilitating and promoting the negotiated execution within the scope of collective actions. Based on this foundation, it is proposed to analyze the eventual impacts to be produced by the adoption of procedural conditions in specific moments, such as in the stipulation of procedural clauses in the bidding, concession and permission contracts of the public administration, in the sphere of the Executive, and in the deliberation and voting of the public budget by the Chambers and Assemblies of the Legislative, thus allowing and guiding the use of negotiation methods in the execution phase of collective sentences, increasing popular participation in the judicial control of public policies and jointly facilitating the implementation of the sentence collective. With regard to the methodology used in the present study, qualitative research was adopted, based on a review of specialized literature on the subject, with the adoption of the hypothetical deductive method for proposing a viable model to produce a conclusion applicable to the reality of the object of study.

DIREITO DOS DESASTRES NO BRASIL: DESAFIOS E BOAS PRÁTICAS NA MITIGAÇÃO DE TRAGÉDIAS CLIMÁTICAS

2024-10-02T15:10:37-03:00

O presente artigo tem como objetivo analisar o Direito dos Desastres no Brasil, identificando suas fases, os desafios de implementação e a atuação dos entes públicos e privados na gestão e mitigação dos impactos de eventos catastróficos. A análise é feita com base no arcabouço jurídico existente, incluindo as Leis nº 12.340/2010 e 12.608/2012, discutindo-se como o planejamento e a resposta a desastres podem ser melhorados para garantir maior proteção às populações vulneráveis. Justifica-se o presente estudo diante da crescente ocorrência de tragédias climáticas, divididas entre desastres de evolução lenta e desastres súbitos, e como a intervenção humana pode tanto prevenir quanto agravar os danos. Ressalta-se a necessidade de um planejamento eficiente por parte dos poderes públicos e privados, com destaque para o papel do Estado em promover a segurança das comunidades afetadas e em risco. A metodologia utilizada foi baseada em uma análise documental das principais legislações sobre o tema, bem como em relatórios de instituições internacionais e jurisprudência relevante no contexto de desastres ambientais, concluindo-se que, apesar de um conjunto legislativo robusto, a aplicação prática dessas normas enfrenta obstáculos significativos, como a falta de coordenação entre os entes públicos e a insuficiência de recursos. A implementação efetiva das políticas de prevenção e mitigação é essencial para que o Brasil possa enfrentar de maneira mais eficiente os desafios impostos pelas mudanças climáticas e os desastres naturais.

O DIREITO HUMANO À MORADIA NO CONTEXTO PANDÊMICO: A DESOCUPAÇÃO VIOLENTA DO QUILOMBO CAMPO GRANDE NA PERCEPÇÃO DOS CONFLITOS SOCIAIS.

2024-09-30T05:05:49-03:00

The year 2020 is marked by the sad and rapid expansion of the covid-19 pandemic. In Brazil, in the midst of chaos, while some have adequate housing to protect themselves, others do not and others still have been violently evicted from their homes. Residential isolation at this time is the safest means of protection and, in compliance with the court order, the State vacated the so-called “Quilombo Campo Grande”, in the interior of Minas Gerais, which was occupied by the Landless Workers Movement-MST for years, causing great astonishment and commotion for the form and the context in which the eviction occurred. Thus, this research focuses on analyzing the violent eviction in that place with the aggravating context. The study of social conflicts from a Marxist perspective, which trigger social movements allied to housing issues, are essential for understanding the theme. For that, the methodology used will be the literary review with a survey both doctrinal and scientific and journalistic articles.

ARTIFICIAL INTELLIGENCE: FROM THE ANALYSIS OF DISCRIMINATORY BIAS TO THE SUPREMACY OF HUMAN EFFICIENCY OVER NUMERICAL EFFICIENCY IN THE JUDICIARY

2024-10-02T15:53:36-03:00

The integration of artificial intelligence (AI) into legal systems is growing globally, promising greater efficiency and cost reduction. However, this evolution faces ethical and legal challenges, especially in ensuring that the use of AI does not perpetuate discriminatory biases in legal proceedings. Although algorithms can process large volumes of data quickly, ethical and sensitive interpretation of complex cases is still a human skill. The focus of the research is to investigate how AI can amplify biases present in training data, and whether this processing generates unfair judicial decisions, especially for minority groups. The objective is to contribute to the development of guidelines that promote the ethical use of AI in the judiciary, ensuring impartiality and justice for all citizens, with respect for fundamental rights. To this end, the exploratory deductive method was used, through doctrines, scientific articles, theses, dissertations, laws, jurisprudence, and scientific document platforms, such as: Google Scholar, Scopus and Web of Science.

O FUNDO DE DEFESA DE DIREITOS DIFUSOS E A PARTICIPAÇÃO DEMOCRÁTICA NA SUA GESTÃO: UMA ANÁLISE À EMENDA CONSTITUCIONAL Nº 127/2022

2024-10-03T21:25:10-03:00

This article aims to demonstrate the need to increase popular participation in the Federal Council, responsible for managing the Fund for the Defense of Diffuse Rights, as a means of avoiding its complete distortion and misappropriation. When talking about diffuse rights, the legitimacy of society in general becomes evident, even if through representatives, to have the possibility of influencing the decisions to be made for the reparation of such damages. As it currently stands, the Government will always have the majority of votes in the deliberations, which inevitably leads to a reduction in choices with a state vision, free from electoral bias or merely governmental perspectives. Furthermore, with the limited democratization of the Fund, potential legislations that undermine it are passed without any resistance, such as Constitutional Amendment nº 127/2022, which solved the problem of the lack of funds to cover the minimum wage of some professional categories by linking the surplus of federal funds, of which the FDD is a part, for that purpose. This leads to the observation of an unconstitutional constitutionalization of the use of the funds for purposes unrelated to diffuse rights. As a hypothesis, the change in the composition of the Council is proposed, encompassing not only a greater number of civil entities but also the presence of the Public Defender's Office of the Union, representing the vulnerable, as well as representatives of the States and Municipalities, which are the most affected entities, etc. For the elaboration of this research, bibliographic and documentary bases were used, with a qualitative approach, and the data were collected and analyzed through the hypothetical-deductive scientific method.

COMBATING DOMESTIC VIOLENCE: The Maria da Penha Law, the implementation of public policies and an analysis of the Escuta Ativa Institute

2024-10-04T18:07:02-03:00

The aim of the article is to analyze the concept of public policy, its formulation, application and monitoring in the context of domestic violence, based on the Maria da Penha Law (Law No. 11.340/2006). Through a bibliographical review and analysis of the Law, the paper addresses its relevance as a mechanism for protecting women's rights, internationally recognized for incorporating a gender perspective into the political and legal spheres. In the first chapter, the article contextualizes the Maria da Penha Law in relation to international treaties on women's rights, highlighting its importance in both the legal and practical spheres. The second chapter discusses the concept of public policy according to the Law and academic literature, especially the works of Wânia Pasinato and Fabiana Severi, which deal with domestic violence and the efficiency of public policies in this area. The final chapter analyzes the Instituto Escuta Ativa project, showing that it does not meet the public policy criteria established by the Maria da Penha Law, compromising its effectiveness in combating violence against women.

COMITÊ CIENTÍFICO

2024-12-19T16:05:32-03:00

COMITÊ CIENTÍFICO