Anais do Congresso Brasileiro de Processo Coletivo e Cidadania

GRUPOS DE TRABALHO E COORDENADORES

Juvêncio Borges Silva — Fri, 26 Dec 2025 00:00:00 -0300

GRUPOS DE TRABALHO E COORDENADORES

FREEDOM OF EXPRESSION AND FAKE NEWS: IRREPARABLE CONSEQUENCES OF DISINFORMATION?

Fri, 26 Dec 2025 00:00:00 -0300

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.

Problems of labor uberization and its debates in Brazil and around the world, with a focus on legal implications

Felipe Peixoto — Fri, 26 Dec 2025 00:00:00 -0300

This article critically examines the phenomenon of labor uberization, focusing on the Brazilian reality and its legal implications. It first distinguishes uberization from other precarious labor models such as crowdwork, freelancing, and hiring as a legal entity. Then, it shows the historical and social context of Uber’s expansion in Brazil. The article evaluates both the advantages and disadvantages of this work model, highlighting the illusion of flexibility in contrast with the lack of labor guarantees. The legal analysis addresses core issues such as remuneration, employment relationship, rest time, and social security. Finally, it compares international legal approaches — particularly from Europe and the United States — emphasizing the urgent need for Brazilian regulation, including a discussion of Draft Law 12/2024 and discuss what should be done in the national scenario.

RESOLUÇÃO ONLINE DE CONFLITOS COMO EXPRESSÃO DA CIDADANIA NA ERA DIGITAL: REFLEXÕES SOBRE O TEMA 91 DO TRIBUNAL DE JUSTIÇA DO ESTADO DE MINAS GERAIS

Larissa Janoni de Araujo, Flávia de Almeida Montingelli Zanferdini — Fri, 26 Dec 2025 00:00:00 -0300

The present article addresses the developments of using online conflict resolution in Brazil and the possibility of it being an instrument of citizenship in the digital age, capable of redefining the concept of access to justice through the vast Brazilian legislative, doctrinal, and jurisprudential apparatus. Additionally, it discusses Theme 91 ruled by the Court of Justice of the State of Minas Gerais, a judicial precedent that encourages the use of online conflict resolution methods, either before or alternatively to the procedural phase, as a condition of the action or the interest to act, which are procedural assumptions. Through the deductive method, the research establishes a dialogue with the subjects of Constitutional Law, Collective Law, and Civil Procedural Law, which allowed for a conclusive response to the raised question, demonstrating that Brazilian jurisprudence has supported the use of online means for conflict resolution as a possible alternative to mass judicialization before the Judiciary. Through this article, it is promoted, without exhausting the subject, that access to jurisdiction can play a subsidiary role in society, especially given the narrowing of borders, speed, efficiency, and cost reduction offered by online conflict resolution methods to those interested in facing a resisted claim, which can be resolved extrajudicially.

VIGILÂNCIA, DADOS E PODER: A NOVA DIMENSÃO DOS DIREITOS COLETIVOS NA SOCIEDADE ALGORÍTMICA

Beatriz de Lima Saes — Fri, 26 Dec 2025 00:00:00 -0300

The algorithmic society introduces a new regime of power grounded in surveillance and the exploitation of data on a global scale, establishing dynamics that reshape contemporary political, economic, and legal structures. This article analyzes the structural transformations that this model imposes on collective rights, examining in depth the intersections among technology, sovereignty, and citizenship within an increasingly automated decision-making environment. From an interdisciplinary perspective, it discusses how surveillance capitalism converts information into an instrument of social, economic, and political control, and how algorithmic governance challenges traditional legal categories such as responsibility, imputation, and legitimacy. It is argued that the effective protection of collective rights requires a critical reinterpretation of contemporary constitutionalism, grounded in the ethics of transparency, informational self-determination, social co-responsibility, and the creation of normative mechanisms capable of limiting the concentrating and asymmetric effects of automated systems.

Keywords: Algorithmic Society; Surveillance; Collective Rights.

ARTIFICIAL INTELLIGENCE AND PUBLIC POLICIES IN THE BRAZILIAN PRISON SYSTEM AIMED AT INCARCERATED MOTHERS

Laura Bianchi Picinin, Valter Foletto Santin — Fri, 26 Dec 2025 00:00:00 -0300

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.

RESPONSIBILITY OF THE REVIEWER IN PUBLIC PROCUREMENTS

Luiz Henrique Néia Giavina Bianchi, Valter Foletto Santin — Fri, 26 Dec 2025 00:00:00 -0300

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.

SUSTAINABLE CITIES AND THE PROMOTION OF DECENT GREEN JOBS AS MUNICIPAL PUBLIC POLICIES

Juliane Caravieri Martins, Helena Carvalho de Lorenzo — Fri, 26 Dec 2025 00:00:00 -0300

Since ancient times, cities have been the complex locus of human coexistence. They are political societies, allowing citizens to participate more actively and democratically in coexistence with their fellow human beings. In Brazil, the City Statute (Law n° 10.257/2001) guarantees the right to sustainable cities, understood as the right to urban land, housing, environmental sanitation, urban infrastructure, transportation and public services, work, and leisure, for present and future generations. Inspired by the UN Agenda 2030 and ILO standards in favor of decent work, the promotion of decent green jobs is paramount, as municipal public policies capable of collaborating in the construction of sustainable cities, with the association between decent work and environmental, social, economic, and other sustainability. Citizens have the subjective public right to inhabit sustainable cities in accordance with the 2030 Agenda, which, although global, ties its implementation to the local level in municipalities. Thus, the study aimed to raise awareness among citizens and the municipal government about the right to sustainable cities and its imperative implementation for present and future generations

THE (IN)CAPACITY OF LAW TO RESPOND TO COLLECTIVE DAMAGES CAUSED BY ARTIFICIAL INTELLIGENCE: CHALLENGES FOR ESG AND CIVIC GOVERNANCE FRAMEWORK

Larissa de Castro Coelho — Fri, 26 Dec 2025 00:00:00 -0300

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.

COMISSÃO ORGANIZADORA

Fri, 26 Dec 2025 00:00:00 -0300

THE 1988 CONSTITUTION AS A CHARTER OF RESISTANCE IN THE FACE OF THE UNCONSTITUTIONAL STATE OF AFFAIRS IN THE PRISON SYSTEM: TRANSCONSTITUTIONALISM AS AN INSTRUMENT FOR THE ENFORCEMENT OF RIGHTS

Letícia Rezner, Osmar Veronese — Fri, 26 Dec 2025 00:00:00 -0300

The 1988 Constitution consolidated its role as a Charter of Resistance and an instrument of democratic affirmation by enshrining human dignity, citizenship, and pluralism as foundational principles of the Democratic Rule of Law in Brazil. Despite its transformative potential, the Brazilian prison system remains marked by structural and persistent violations of fundamental rights, which challenge constitutional effectiveness. The recognition of the State of Unconstitutional Affairs (ECI) by the Federal Supreme Court (STF) in Allegation of Breach of Fundamental Precept (ADPF) nº 347 represents a constitutional response to the collapse of state structures and the systematic denial of rights within the prison system. In this context, the research is guided by the following question: how can the 1988 Constitution, understood as a Charter of Resistance, provide a legal and political foundation for strategies aimed at ensuring the rights of persons deprived of liberty? To address this question, the study examines the interaction between the State of Unconstitutional Affairs and Marcelo Neves’s theory of transconstitutionalism. This theory proposes the articulation among distinct legal orders to build shared solutions for constitutional problems involving human and fundamental rights, whose resolution requires a transnational normative dialogue. The analysis demonstrates that such articulation strengthens the normative force of the 1988 Constitution, broadens its dialogical capacity, and offers theoretical and institutional instruments to address structural violations in the Brazilian prison system. The research employs a deductive approach, monographic method, and qualitative analysis, based on specialized legal scholarship, judicial decisions, and official data.

CONTRIBUTIONS OF BRAZILIAN FEMINIST MOVEMENTS TO THE CONSTITUENT PROCESS: A CONSTITUTION WHERE WOMEN ARE ALSO CITIZENS

Bruna Luisa Schwan, Rosângela Angelin — Fri, 26 Dec 2025 00:00:00 -0300

Throughout human history, women have organized to seek and (re)conquer citizenship rights, especially through feminist movements. Thus, this work addresses women's rights, focusing on an analysis of the impacts that feminist social movements had on the 1988 Federal Constitution and the rights achieved after its enactment. The central question is: how have feminist movements contributed to the advancement of women's rights since the 1988 Federal Constitution? This theoretical study, with a deductive approach, is explanatory in nature, and is conducted using technical, bibliographical, and documentary procedures. The study demonstrates that feminist movements have contributed to the advancement of women's rights in Brazil, a finding that stems from the significant influence of these movements in the implementation of constitutional provisions aimed at gender equality and other legislation implemented in this regard after the 1988 Federal Constitution. However, despite being enacted, many rights remain unfulfilled, particularly because they lack cultural change.

AMARTYA SEN'S CAPABILITIES THEORY: SOCIO-LEGAL REFLECTIONS ON THE MARIA DA PENHA LAW IN RELATION TO WOMEN'S SUBSTANTIVE FREEDOMS

Miriane Drabik, Rosângela Angelin — Fri, 26 Dec 2025 00:00:00 -0300

Under the light of Amartya Sen's Capability Approach, this work reflects socially and legally on the Maria da Penha Law and Protection Networks for women, seeking to consider women's substantive freedoms. To develop the theme, a qualitative and hypothetico-deductive approach is adopted, which involves the study of specialized and scientific texts, as well as updated statistical data. The results show that, although the legislation represents an important step forward, both in legal terms and symbolically, its effectiveness still faces obstacles, such as cultural barriers, resource inequality, judicial system overload, and shortcomings in the support network for victims. It is concluded that combating gender-based violence requires public policies that work in an integrated manner and aim for cultural change. These policies should help women achieve emotional, economic, social, and political autonomy so that they can fully develop their potential.

EXPEDIENTE

Fri, 26 Dec 2025 00:00:00 -0300

IMMIGRANT WORKERS IN BRAZIL: Obstacles to Accessing Justice and Legal Protection Alternatives

Gilson Roberto Genaro Aza — Fri, 26 Dec 2025 00:00:00 -0300

This article analyzes the contemporary migration reality in Brazil, where immigrants from the Global South, driven by the search for dignity and survival, frequently face exploitation and invisibility, especially in the informal labor market. Barriers such as lack of documents, language difficulties, unawareness of rights, xenophobia, and racism often lead many to conditions analogous to slavery. Despite a robust legal framework, including the 1988 Federal Constitution and the 2017 Migration Law, guaranteeing equal rights between Brazilians and foreigners, a significant gap persists between the norm and practice. Access to justice for these workers is complex due to bureaucracy, misinformation, and normative omissions, even with favorable labor jurisprudence. The article proposes improving access to information and legal assistance, strengthening oversight, and consolidating a State migration policy that fully recognizes migrants' rights.

TERCEIRIZAÇÃO NA PRESTAÇÃO DE SERVIÇOS PÚBLICOS: ANÁLISE DO PERCURSO DA USP

Andrei Amorim Petinati, Jair Aparecido Cardoso — Fri, 26 Dec 2025 00:00:00 -0300

This paper presents the perspectives of outsourcing in Brazil, used as a means of workforce flexibility and as a driver of competitiveness in business activity, but also as a management tool for services in public administration; as well as its impacts on Brazilian public service and its transformation. It traces the path of the possibility of outsourcing both core and support activities in companies and investigates the repercussions and parallels within the University of São Paulo, through new economic and administrative paradigms of public administration, particularly with the development of managerialism, using as objects of analysis the budget, human resource management, the expanses by area of the university, and the internal regulatory resolutions.

STF THEME 1.143 AND THE JURISDICTION OF THE LABOR COURTS OVER DISPUTES INVOLVING PUBLIC EMPLOYMENT

Vitor Vieira Varandas, Jair Aparecido Cardoso — Fri, 26 Dec 2025 00:00:00 -0300

ABSTRACT: This article analyzes the jurisdiction of the Labor Courts in disputes involving public employees, in light of the legal thesis established by the Brazilian Federal Supreme Court (STF) in Theme 1.143 of General Repercussion. The research begins with a historical and normative overview of the public employment regime, contrasting the adoption of CLT-based employment contracts within the scope of direct, autarchic, and foundational public administration with the principles of public law. Subsequently, the article examines the expansion of the material jurisdiction of the Labor Justice introduced by Constitutional Amendment No. 45/2004, especially concerning the inclusion of the expression "labor relation" in Article 114 of the Federal Constitution. In a third stage, an in-depth analysis is conducted on the decision rendered in Extraordinary Appeal No. 1.288.440/SP, identifying its reasoning, inconsistencies with previous STF jurisprudence, and the risks posed by the expression "benefit of an administrative nature" to legal certainty. The methodology applied consists of bibliographic research and case law analysis, based on specialized legal doctrine and judicial precedents. It concludes that the thesis established by the Court disregards a significant portion of the critical issues raised and may jeopardize the effectiveness of judicial protection afforded to public employees.

Keywords: Public Employee; Labor Justice; Constitutional Jurisdiction; STF Theme 1.143; Constitutional Amendment No. 45/2004.

O PESO DA DUPLA JORNADA: GÊNERO E TRABALHO NA REALIDADE DAS SERVIDORAS PÚBLICAS BRASILEIRAS: UMA ANÁLISE DOS IMPACTOS DA LÓGICA GERENCIALISTA NA SAÚDE E IDENTIDADE PROFISSIONAL FEMININA

Maria Clara Vido Dib, Jair Aparecido Cardoso — Fri, 26 Dec 2025 00:00:00 -0300

CONTEXTUALIZATION
The inclusion of women in the Brazilian labor market occurred gradually and has been marked by structural inequalities. In the public sector, these asymmetries are expressed through the burden of the double workday and the persistence of gender stereotypes, which contribute to the sexual division of labor. The 1995 State Reform, by introducing a managerial logic, intensified the pressure for goals and productivity, increasing the daily tensions faced by female public servants.

OBJECTIVE
To analyze the reality of Brazilian female public servants from the intersection of gender and work, identifying how structural inequalities and managerialism affect their professional and personal experiences.

METHODOLOGY
This is qualitative research based on a critical literature review, articulating feminist theories, studies on the Brazilian State, and relevant legislation.

RESULTS
It was found that the managerial logic increased the productivity demands placed on female public servants without providing the necessary material support. The combination of institutional hierarchy, gender stereotypes, inequality in the division of labor, and social devaluation exacerbates overload, compromising the mental health, quality of life, and professional identity of these workers.

CONCLUSION
It is concluded that, despite legal advances and the growing presence of women in the labor market, obstacles to gender equality persist. Addressing these inequalities requires institutional policies of equity and appreciation, articulated through an intersectional perspective that considers race, class, and territory.

Key-words:1. Civil servant 2. Gender 3. Double shift 4. Managerialism

THE ROLE OF THE REGULATORY STANDARD (NR) FOR THE PERPETUATION OF HUMAN DIGNITY & LABOR LIABILITY FOR DAMAGES TO EMPLOYEE HEALTH AND SAFETY.

Grazielly Natália Pereira Martins, Jair Aparecido Cardoso — Fri, 26 Dec 2025 00:00:00 -0300

The article analyzes the role of Regulatory Standards (NRs 5, 6, 7, and 28) in enforcing workers' fundamental rights to health, safety, and dignity, as provided for in the Federal Constitution and the CLT. It begins with a historical contextualization of labor protection, from the Industrial Revolution to the creation of the NRs by Ordinance No. 3,214/1978, which consolidated technical and legal parameters aimed at preventing accidents and occupational diseases. The research, which took a qualitative, descriptive, and deductive approach, was based on a bibliographic and documentary survey, with analysis of normative sources, doctrinal works, and testimonials from health and civil construction professionals, allowing for a connection between theory and practice regarding the application of the standards.

The results show that NRs are essential instruments of labor protection: NR 5 (CIPA) encourages worker participation in safety management; NR 6 (PPE) ensures individual physical protection; NR 7 (PCMSO) promotes preventive health; and NR 28 ensures inspection and compliance with other standards. A significant reduction in occupational accidents and illnesses was observed, although challenges remain in terms of enforcement and awareness of the proper use of equipment and full compliance with legal guidelines. It is concluded that the NRs embody constitutional principles and strengthen human dignity in the workplace, transforming abstract rights into effective practices. Their effectiveness depends on joint action by the State, companies, and workers, based on education, prevention, and ethics. Thus, NRs not only fulfill a legal function, but also represent a social and civilizational commitment to valuing life and dignified work.

FLEXIBILIZATION OR PRECARIOUSNESS? OUTSOURCING FROM THE PERSPECTIVE OF BRAZILIAN LABOR LEGISLATION

Ana Ligia de Moraes, Jair Aparecido Cardoso — Fri, 26 Dec 2025 00:00:00 -0300

Contextualization

Outsourcing is a global phenomenon that has intensified with globalization and productive restructuring, significantly altering the ways in which work is organized. From a national perspective, the concept of outsourcing was consolidated in the second half of the 20th century, reaching a new level with the 2017 Labor Reform. Laws No. 13,429/2017 and No. 13,467/2017 introduced the possibility of unrestricted outsourcing and the flexibilization of rights, which reignited the debate over whether such changes represent a modernization of labor relations or a social setback. In this context, it is essential to reflect on the impacts of flexibilization on the precariousness of working conditions and the effectiveness of fundamental workers' rights.

Objectives

This article aims to critically analyze the phenomenon of outsourcing from the perspective of Brazilian labor legislation, especially since the 2017 Labor Reform. Therefore, it seeks to understand whether the regulatory flexibility introduced by Laws No. 13,429/2017 and No. 13,467/2017 represents progress toward productive modernization or a process of precarious employment relations and the erosion of workers' social rights.

Methodology

This research is qualitative in nature, based on documentary and bibliographic sources. Legal provisions from Laws No. 13,429/2017 and No. 13,467/2017 were used, as well as doctrinal works and scientific articles by authors such as Sérgio Pinto Martins. The theoretical and normative analysis was conducted critically, articulating legal, historical, and social foundations to examine the consequences of labor flexibilization in the contemporary Brazilian context.

Results

The analysis demonstrated in practice that the changes introduced by the Labor Reform did not promote the promised modernization of labor relations, but rather the expansion of precarious practices and the systematic erosion of workers' rights. Legal provisions were identified that reduce workers' legal protection, such as the limit on compensation for non-pecuniary damages (Art. 223-G), the prevalence of negotiated over legislated provisions (Art. 611-A), the end of mandatory union dues (Art. 582), and the expansion of outsourcing for core activities (Law No. 13,429/2017). These mechanisms transfer risks to workers, weaken unions, and consequently exacerbate inequality in labor relations.

Conclusions

Based on the research conducted, we conclude that the 2017 Labor Reform represented a regulatory setback because, under the guise of modernization, it legitimized the flexibilization and deregulation of historically established labor rights. Unrestricted outsourcing and the changes introduced to the Consolidation of Labor Laws (CLT) intensified the precariousness of working conditions and compromised the principle of human dignity. Instead of promoting social justice, the reforms strengthened the logic of employer disengagement and the transfer of economic risks to workers, cementing an unequal and unstable labor model in contemporary Brazil.

Keywords: Labor Reform. Flexibilization. Precariousness. Fundamental Rights. Unrestricted Outsourcing.

A UTILIZAÇÃO DA INTELIGÊNCIA ARTIFICIAL PARA A GESTÃO DE PRODUTIVIDADE: ENTRE A EFICIÊNCIA EMPRESARIAL E A PROTEÇÃO DOS DIREITOS FUNDAMENTAIS

Laisa Danielli de Sousa, Giovana Carla Atarasi Jurca — Fri, 26 Dec 2025 00:00:00 -0300

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.

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

Lívia Schiavinoto Borges, Daniela Helena Suncini Petroni, Rita de Cassia Ezaias — Fri, 26 Dec 2025 00:00:00 -0300

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.

DISMISSAL FOR DUE CAUSE IN CASE OF CHEMICAL DEPENDENCY: AN ETHICAL AND LEGAL ISSUE

Anna Elisa Peixoto Macari, Jair Aparecido Cardoso — Fri, 26 Dec 2025 00:00:00 -0300

This paper discusses the legal, ethical, and social aspects of dismissal for due cause of workers
in situations of chemical dependency. Recognized as a disease by the OMS, chemical
dependency requires an approach that goes beyond punishment, taking into account social,
cultural, and public health factors. The application of Article 482 of the CLT is analyzed,
especially regarding habitual intoxication or intoxication at work, in light of the Federal
Constitution, highlighting that the Superior Labor Court (TST) and the 2nd Regional Labor
Court (TRT-2) have acknowledged that dismissals motivated solely by addiction, without prior
offer of treatment or support, may be considered discriminatory and null. It is concluded that
dismissal for cause in such cases should not be the first measure taken, and principles such as
human dignity, the right to health, and social reintegration should prevail, reinforcing the
responsibility of companies to adopt a humanized and inclusive approach.

SOCIAL ACCELERATION AND ARTIFICIAL INTELLIGENCE: CHALLENGES AND PERSPECTIVES FOR LEGAL INTERPRETATION

Fri, 26 Dec 2025 00:00:00 -0300

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.

PRECEDENTS IN CRIMINAL PROCEDURE LAW: LEGAL SECURITY, EQUALITY AND CONSTITUTIONAL IMPACT

Danilo Henrique Nunes, Edilson Teodoro Figueiredo — Fri, 26 Dec 2025 00:00:00 -0300

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.

MANDATOS COLETIVOS COMO ESTRATÉGIA DE APERFEIÇOAMENTO DA REPRESENTATIVIDADE E CIDADANIA

Natal dos Reis Carvalho Junior, Roberta dos Santos Pereira de Carvalho — Fri, 26 Dec 2025 00:00:00 -0300

O presente artigo debate os mandatos coletivos, uma prática que surge espontaneamente no Brasil e de modo paralelo a legislação eleitoral. Pelos mandos coletivos um titular é eleito para efetivamente ocupar o cargo, mas assume já durante a campanha eleitoral o compromisso de compartilhar as decisões com um grupo de pessoas denominados coparlamentares. Em que pese os problemas, especialmente pela ausência de regulamentação do instituto, esse modelo se mostra capaz de ampliar a representatividade do mandado eleitoral parlamentar, dando-lhe maior vigor e abertura para a comunidade. Assim, o artigo elabora conceitos e elementos do mandato coletivo e apresenta suas condições para melhoria da qualidade representativa do mandato parlamentar e, consequentemente, sua utilização como forma de aperfeiçoamento da cidadania pela democracia. Este artigo é desenvolvido por meio de pesquisa bibliográfica e confronto com as balizas de democracia da Constituição Federal e o instituto informal dos mandatos coletivos.

O PRINCÍPIO DA SEGURANÇA JURÍDICA E A EMENDA CONSTITUCIONAL: FRICÇÃO OU HARMONIA NO ESTADO DEMOCRÁTICO DE DIREITO BRASILEIRO?

Victor de Freitas, Rubens Beçak — Fri, 26 Dec 2025 00:00:00 -0300

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.

RACISMO ALGORÍTMICO E CIDADANIA DIGITAL: A INTELIGÊNCIA ARTIFICIAL COMO DESAFIO AOS DIREITOS FUNDAMENTAIS E AO PROCESSO COLETIVO

Amanda Maria Bonini, Letícia da Costa Domingues Martins — Fri, 26 Dec 2025 00:00:00 -0300

Algorithmic racism, stemming from structural racism, perpetuates inequalities and weakens democracy by undermining equal opportunities. This research demonstrates that algorithmic racism, by systemically perpetuating racial discrimination, violates fundamental collective rights, such as equality and non-discrimination, affecting the very understanding of citizenship in the digital sphere. In this context, the discussion highlights the role of collective action as a tool for holding platform developers accountable, as well as the need to implement public policies that ensure the transparency and fairness of artificial intelligence systems. The results indicate that the training of technology developers is a key element for incorporating critical perspectives on inequality and promoting social justice in system development. The hypothetical-deductive methodology was used, based on the formulation of the following research question: how does algorithmic racism, influenced by historical inequalities, affect democracy, and how can public policies act to reduce this discrimination? To answer this question, analyses of scientific articles and literature reviews were conducted.Keywords: algorithmic racism; public policies; social justice.

REGULATING DISINFORMATION IN THE DIGITAL ENVIRONMENT: DEMOCRATIC CHALLENGES, DATA PROTECTION, AND ARTIFICIAL INTELLIGENCE

Simone Tavares de Andrade, Luciano Henrique Caixeta Viana — Fri, 26 Dec 2025 00:00:00 -0300

This article examines the main challenges associated with regulating disinformation in the digital environment, with an emphasis on the effects of fake news on the democratic regime, the formation of public opinion, and the credibility of institutions. The research proposes to discuss a network regulatory model, focusing on the accountability of digital platforms, the promotion of transparency in content moderation processes, and the safeguarding of freedom of expression. To this end, a qualitative methodological approach is adopted, based on bibliographic research and documentary analysis of national and international regulatory frameworks, such as the General Data Protection Law (LGPD) and the Digital Services Act (DSA), in light of the guidelines of Agenda 2030. The results indicate that the adoption of a decentralized model of information regulation is a promising alternative, provided that it is structured with robust oversight mechanisms and guided by principles that balance technological innovation and the protection of fundamental rights. It is concluded that contemporary digital governance must incorporate the collaborative action of multiple agents, whether state, private, or civil society, and ensure both the protection of personal data and the ethical and transparent use of Artificial Intelligence in content moderation processes.

Keywords: Digital disinformation. Network regulation. Freedom of expression. Data protection. Artificial Intelligence.

RADIANT NORMATIVE CONSTITUTIONAL VALUES AND THE CONCRETION OF CONSTITUTIONALIZATION IN THE REFORM OF THE CIVIL CODE

Danilo Henrique Nunes, Thiago Vitaliano Carvalho Poli — Fri, 26 Dec 2025 00:00:00 -0300

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.

A HIPERVULNERABILIDADE DO IDOSO NAS RELAÇÕES DE CONSUMO: AVANÇOS E DESAFIOS JURÍDICOS NA ERA DIGITAL

Maria Julia Habib, Gregório Assagra de Almeida, Luiz Manoel Gomes Júnior — Fri, 26 Dec 2025 00:00:00 -0300

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.

DIGITAL CONTRACTS: ANALYSIS FROM THE PERSPECTIVE OF ELDERLY PERSONAL PROTECTION

Fri, 26 Dec 2025 00:00:00 -0300

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.

APRESENTAÇÃO

Juvêncio Borges Silva — Fri, 26 Dec 2025 00:00:00 -0300

PROGRAMAÇÃO, APOIO E PARCERIAS

Juvêncio Borges Silva — Fri, 26 Dec 2025 00:00:00 -0300

MOTHERHOOD IN PRISON: A CRIMINOLOGICAL ANALYSIS OF THE PENAL SYSTEM AND THE IMPACTS OF PUNISHMENT ON THE RELATIONSHIP BETWEEN MOTHERS AND CHILDREN

Sara Pedra Borges, Jair Aparecido Cardoso, Ana Lúcia Cândida Alves — Fri, 26 Dec 2025 00:00:00 -0300

This paper analyzes female incarceration in Brazil, focusing on the implications of motherhood within the prison context. The Brazilian prison system, although widely debated, presents serious structural failures and neglects the enforcement of human dignity, a fundamental constitutional principle. The female prison population has grown significantly, placing Brazil among the countries with the highest number of incarcerated women. However, studies on the specificities of female prison experiences, such as motherhood, remain scarce. The mother-child relationship suffers deep ruptures due to deprivation of liberty, lack of adequate public policies, and poor prison conditions. Social stigma also contributes to the invisibility of these women’s needs, directly affecting child development. This research seeks to understand how maternal relationships function within prisons, identifying the impacts of this experience and the role of the State and legal system in protecting the fundamental rights involved. It concludes that there is an urgent need for specific public policies that respect motherhood in prison and promote the human dignity of women and children, in accordance with constitutional principles and international commitments assumed by Brazil.

O SISTEMA CARCERÁRIO FEMININO: ANÁLISE PELO VIÉS CRIMINOLÓGICO E PELA INTERSECCIONALIDADE RACIAL, ECONÔMICA E SOCIAL

Sara Pedra Borges, Jair Aparecido Cardoso, Julia Frare Nardocci — Fri, 26 Dec 2025 00:00:00 -0300

This research examines female incarceration in Brazil, focusing on black and brown women in socio-economic vulnerability. The criminological analysis addresses dynamics of exclusion that lead to female criminality, often related to drug trafficking. The study revisits historical approaches and stereotypes that marginalize these women, proposing an intersectional analysis to assess the causes and consequences of this phenomenon. Based on an analysis of the existing literature on the subject, the aim was to identify the chain of events in the life of an incarcerated woman, in order to understand the factors that facilitate her insertion in the Brazilian prison system, including relevant points such as racial, economic and social intersectionality. To this end, a contextualization of the life of a woman before, during and after imprisonment was carried out, with a focus on obtaining an analysis of the trajectory that led her to criminality, and the reason for the high rate of recidivism. In addition to the bibliographical analysis, the dialectical deductive method was adopted to move towards conclusive hypotheses, launched through an aspect of the adopted methodology, aware of the inexhaustible reasons that motivate this social reality.

THE SOCIAL COST OF SUSTAINABILITY: SOCIO-ENVIRONMENTAL CONFLICTS IN MINAÇU AMID THE SHIFT FROM ASBESTOS TO RARE EARTH MINING

Simone Tavares de Andrade, Luciano Henrique Caixeta Viana — Fri, 26 Dec 2025 00:00:00 -0300

This study analyzes the social cost of sustainability through the case of Minaçu, Brazil, a municipality historically dependent on asbestos mining and now focused on rare earth extraction. The research seeks to understand the challenges of the ecological transition and its implications for the right to work, local development, and environmental protection. A deductive–inductive approach is adopted, combining bibliographic and documentary methods to examine the economic, social, and legal consequences of the asbestos mining shutdown and the productive reconfiguration of the region. The findings show that the absence of integrated public policies to convert traditional employment into “green jobs” has increased social vulnerability and hindered the implementation of a just transition. Moreover, persistent conflicts between government branches and private actors highlight the tension between the social right to work and the fundamental right to an ecologically balanced environment in the context of rare earth mining.

Keywords: sustainability. Ecological transition. Asbestos. Rare earths. Minaçu. Green jobs.

BETWEEN RECOGNITION AND REDISTRIBUTION: Rethinking Public Policies for Women's Protection Through the Lens of Legal Effectiveness

Lucyana Ruth Alves da Silva, Juvêncio Borges Silva — Fri, 26 Dec 2025 00:00:00 -0300

This article analyzes public policies for the protection of women from the perspective of the theories of Nancy Fraser, Miguel Reale, and contemporary feminist authors. The research highlights the importance of integrating recognition and redistribution in the formulation of effective strategies to combat gender-based violence. Using a qualitative approach based on documentary and bibliographic analysis, the study examines how policies that reconcile cultural, economic, and institutional justice can promote greater equity and social participation. The reflections presented point to the need for a transformative model that expands women's protection and rights.

Keywords: Violência contra a mulher, reconhecimento, redistribuição, políticas públicas, justiça social, equidade.

Algorithmic Governance and Social Justice: The Syrian Case and the Risks of State Automation in Brazil

Vitória Santana Frizon SANTANA FRIZON, CAROLINE TIMÓTEO DE OLIVEIRA CAETANO — Fri, 26 Dec 2025 00:00:00 -0300

This article analyzes the use of artificial intelligence (AI) and decision-making automation by public authorities, based on the SyRI (System Risk Indication) case, decided by the Hague Tribunal in 2020, and its potential repercussions in the Brazilian context. The research demonstrates that, although AI brings benefits to the administration and the judiciary—such as speed and efficiency—it also carries risks of opacity, algorithmic discrimination, and violations of fundamental rights. Comparing SyRI with Brazilian experiences, especially in the automated cross-referencing of social data and the management of welfare programs, highlights the tendency to create a "state of algorithmic suspicion," which threatens dignity and material equality. The paper concludes that transparency, democratic oversight, and legal regulation of the use of state AI are necessary, proposing preventive guidelines to avoid a "SyRI syndrome" in Brazil.

NECESSIDADES DE PARIDADE ENTRE A LICENÇA-MATERNIDADE E A LICENÇA-PATERNIDADE SOB O PONTO DE VISTA INTERDISCIPLINAR DO DIREITO DO TRABALHO

Anna Clara Junqueira de Souza, Jair Aparecido Cardoso — Fri, 26 Dec 2025 00:00:00 -0300

In a joint analysis of feminist and LGBTQ+ theories, the history and development of Brazilian society and law, the role of social movements and their impact on institutions, and the functions and provisions of Labor Law, this research aims to address the dimensions of paternity leave and the need for parity with maternity leave. It adopts the perspective of concepts such as care work, the sexual division of labor, LGBTQ+ rights, contemporary family structures in Brazilian society, duties of protection toward children and families, and labor rights as both transformative and preservative expressions of social structures. Through bibliographic research and analysis of past and current legislation, and considering the dimensions, impacts, and scope of paternity leave in Brazilian society, it is undeniable that its regulation is urgent and must establish equivalence with maternity leave in terms of duration, financial benefits, conditions, and social security nature, taking into account the new family forms and organizations recognized by law and Brazilian society.

Affirmative policies for the inclusion of persons with disabilities in the labour market: a comparative analysis between Brazil and Mexico

Giovana de Castro Pontes, Jair Aparecido Cardoso — Fri, 26 Dec 2025 00:00:00 -0300

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.

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.

Fri, 26 Dec 2025 00:00:00 -0300

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.

PRODUCTION CHAINS IN THE TEXTILE SECTOR: AN ANALYSIS OF LABOR LIABILITY IN CASES OF OUTSOURCING AND SUBCONTRACTING

Fri, 26 Dec 2025 00:00:00 -0300

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 PRECARIZATION OF EMPLOYMENT TIES, INFORMAL WORK, AND SOCIAL SECURITY INSECURITY:

Joao Paulo Shibata — Fri, 26 Dec 2025 00:00:00 -0300

Abstract: This paper investigates the structural impacts of labor precarization and informality on the Brazilian social security system, with a focus on the General Regime of Social Security (RGPS). It analyzes the proliferation of atypical labor relations—such as outsourcing, gig economy, and false self-employment—resulting from neoliberal flexibilization and the 2017 labor reform. These non-standard forms of employment, often lacking legal recognition and formal registration, directly affect workers' access to constitutionally guaranteed labor and social security rights, such as retirement, paid leave, and severance funds.

BETWEEN THE SOCIAL FUNCTION OF PROPERTY AND THE HOUSING DEFICIT: PROTECTING THE RIGHT TO HOUSING IN BRAZIL

Alexandre Celioto Contin, Anna Christina Zenkner, Thamires Ribas Lope Smith — Fri, 26 Dec 2025 00:00:00 -0300

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."

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

Douglas Blasius de Sales — Fri, 26 Dec 2025 00:00:00 -0300

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.

COMITÊ CIENTÍFICO

Fri, 26 Dec 2025 00:00:00 -0300

COMITÊ CIENTÍFICO

THE ROLE OF THE PUBLIC DEFENDER'S OFFICE IN COLLECTIVE ARBITRATIONS IN CONSUMER RELATIONS

Carlos Alberto Thomazelli Penha, Sebastião Sérgio da Silveira — Fri, 26 Dec 2025 00:00:00 -0300

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.

The function of collective process: an analysis from the perspectives of the dogmatic general fundamental right of the process

Márcio Bulgarelli Guedes — Fri, 26 Dec 2025 00:00:00 -0300

Abstract: In the universe of procedural science, when studying the normative unity of the fundamental right of due process, it was found that the theories bring distinct arguments about its function. Thus, considering the treatment of collective conflicts in society, the problematization arose: what is the function of the collective process: guarantor or instrumentalist? For the confirmation or refutation of hypotheses, in a first moment, it is necessary to start with the dogmatic of fundamental rights, to present, in dialectic, the perspective of subjective rights and the perspective of objective elements; in a second moment, develop the fundamental right of due process, now reflecting the process as an instrument of the State for the realization of substantive rights of the Constitution, according to instrumentalist theories; The process as a fundamental guarantee of first dimension, in order to prevent interventions without due constitutional justification, according to institutionalist theories; which will allow, in a third moment, to broaden the focus on the collective process, By pointing the concrete problems through the lens of dogmatics, with the intention of empirical verification of their real function. Therefore, from the premises of the double perspective of the dogmatic fundamental rights and the fundamental right of legal process, the conclusion will reveal not only the function of the collective process, but also some propositions to its improvement. In the record, the article is guided by the hypothetical-deductive method and it is structured in books, scientific articles, theses, legislation and jurisprudence.

Medical Residency and Labor Law: divergences and convergences under a critical analysis

Amanda Barroso Okano, Jair Aparecido Cardoso — Fri, 26 Dec 2025 00:00:00 -0300

ABSTRACT

Context: Medical residency is the main form of practical specialization after graduation. Governed by specific legislation rather than the CLT, it raises debates about its labor nature since residents perform professional duties similar to employed physicians but are legally treated as trainees.

Objective: This paper critically examines the convergences and divergences between the legal regime of medical residency and labor law, explaining why residents are not considered employees and assessing the coherence and effectiveness of this legal distinction.

Method: A bibliographic and doctrinal review was conducted on Law No. 6.932/1981 and the CLT, alongside jurisprudential analysis and empirical studies on residents’ working and learning conditions in Brazilian hospitals.

Results: The study found that, although residency grants rights similar to CLT employees—such as leave and rest—its formative nature prevails. However, excessive workloads and legal noncompliance reveal a gap between the law and the real situation of residents.

Conclusions: The current legal framework fails to protect residents, who face heavy workloads and responsibilities inconsistent with an educational program. Revising the law to expand rights and align learning with fair labor conditions is necessary.

Keywords: Medical residency. Labor law. Employment relationship.

COLLECTIVE EXECUTION AND DEJUDICIALIZATION: BETWEEN EFFECTIVENESS AND FUNDAMENTAL GUARANTEES

Leandro Galicia de Oliveira, Carlos Eduardo Montes Netto — Fri, 26 Dec 2025 00:00:00 -0300

Brazilian civil enforcement has faced a historical deficit in effectiveness, reflected in the gap between the declaration of a right and its fulfillment. The 2015 Code of Civil Procedure (CPC) responded with the general executive clause (art. 139, IV), expanding the repertoire of atypical measures, while Bill 6.204/2019 proposes the dejudicialization of enforcement actions through an enforcement agent at the protest notary's office. This article investigates to what extent—and under what conditions—dejudicialization can increase efficiency without violating the defendant's fundamental rights. Methodologically, exploratory research is conducted using a literature review and qualitative data analysis. The analysis points to the suitability of a hybrid model that prioritizes patrimonial and informational means, reserves atypical measures for strictly necessary situations, with qualified motivation and a defined timeframe, and structures dejudicialization with transparent proceduralization, sufficient judicial oversight, governance, and technological interoperability. It is concluded that the combination of judicial control and standardized extrajudicial routines is capable of increasing predictability and speed of execution without sacrificing legal certainty.

ENTRE A INOVAÇÃO TECNOLÓGICA E AS DESIGUALDADES: DESAFIOS REGULATÓRIOS DA INTELIGÊNCIA ARTIFICIAL PARA O ACESSO À JUSTIÇA NO BRASIL

Lívia Schiavinoto Borges, Daniela Helena Suncini Petroni, Rita de Cassia Ezaias — Fri, 26 Dec 2025 00:00:00 -0300

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.

ESTELIONATO SENTIMENTAL: ENGANO AFETIVO E RESPONSABILIDADE JURÍDICA

karolina Borges rodrigues — Fri, 26 Dec 2025 00:00:00 -0300

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.

THE STATUTE OF CHILDREN AND ADOLESCENTS AND THE LEGAL INSTITUTE OF REMISSION

Bruna Thais Bertolini — Fri, 26 Dec 2025 00:00:00 -0300

ABSTRACT

This article proposes to address the alternations between criminal and socio-educational law, with an analysis of constitutional principles, children, adolescents and the execution of socio-educational measures. It concludes with a study of the legal foundations of remission, its nature, conditions and hypotheses in the Statute of the Child and Adolescent. The aim of the study is to analyze the history of children and adolescents in Brazil, discussing the principles of guilt and full protection. It addresses socio-educational measures together with the National Socio-Educational Care System, to demonstrate the relevance of remission to adolescents. The article's methodology is deductive and qualitative. The exploratory bibliographical review provides familiarity with the problem, including sources of public documents on the subject. Positive elements are highlighted regarding the application of remission to adolescents, this modality avoids the negative effects of the judicial procedure. It offers judges a device that is appropriate to the changing nature of life in development. The conclusion is that remission is important because it makes accountability with education possible. It is an institute of a consensual nature, which aims to re-socialize in the form of forgiveness. It favors the psychological, educational and social development of adolescents, since at this stage they do not have the aptitude to make decisions about their conduct.

KEYWORDS: Offense. Child and Adolescent. Socio-educational Measure. Remission.

FOLHA DE ROSTO

Fri, 26 Dec 2025 00:00:00 -0300

THE DYNAMIC ALLOCATION OF THE BURDEN PROOF AS AN INSTRUMENT FOR THE EFFECTIVENESSE OF SUBSTANTIVE EQUALITY IN LABOR PROCEDURE

Matheus Miguel Muniz, Jair Aparecdio Cardoso — Fri, 26 Dec 2025 00:00:00 -0300

This article analyzes the dynamic allocation of the burden of proof in labor procedure as an instrument for the effectiveness of substantive equality. Its objective is to demonstrate that the flexibilization of the probative burden, provided for in Article 818 of the CLT and Article 373 of the CPC, is not merely a procedural technique, but an indispensable measure to overcome the structural inequality between employee and employer and to ensure the realization of fundamental rights. The methodology consisted of theoretical-dogmatic and bibliographic research, based on authors such as Miguel Reale, Alfonso López Quintás, Hegel, and Feliciano, in addition to labor and procedural legislation. The study articulated social reality, legal theory, and axiological hermeneutics to highlight that evidence must be interpreted in dialogue with constitutional values. The results showed that the dynamic theory is essential in cases of difficult proof, such as discrimination, harassment, and labor environmental violations. It concludes that the redistribution of the burden of proof is a methodological and axiological development that reaffirms the protective mission of Labor Law.

Keywords: Dynamic allocation of the burden proof. Substantive equality. Labor procedure.

THE CONCEPT OF “AI FIRST” AND HUMAN DIGNITY: THE “MYTH” OF EFFICIENCY IN THE BURNOUT SOCIETY

Fri, 26 Dec 2025 00:00:00 -0300

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.

O DIREITO DE IMAGEM NO PÓS-MORTE E O CASO DA RESSUSCITAÇÃO DIGITAL

Letícia da Costa Domingues Martins, Isabella Steola — Fri, 26 Dec 2025 00:00:00 -0300

This article aims to study the growth of so-called "digital resurrection," a practice that involves recreating deceased individuals through artificial intelligence, and to analyze the potential legal and social impacts associated with the use of the image and voice of deceased persons. It also seeks to understand how the legal system should adapt to these new social demands. The research, which is basic in nature and adopts a quali-quantitative approach, has a correlational scope, as it examines the relationship between the rise of "digital resurrection" and the protection of personality rights. The method used is the hypothetical-deductive approach, based on the following research question: how does the growth of "digital resurrection" through artificial intelligence impact the protection of personality rights, and in what way should the legal system adapt to address these new challenges? To answer this question, bibliographic research and legislative analysis were conducted. Additionally, the study examines existing legislation regarding the image rights of deceased individuals, as well as the role of family members in authorizing the use of the deceased's image and voice. Finally, the research highlights the challenges of "digital resurrection" in the contemporary legal and social context, emphasizing the need for proper regulation to protect the dignity and memory of the deceased

ALGORITHMIC TRANSPARENCY AND THE AGE OF DIGITAL SOPHISTS: CHALLENGES FOR PARTICIPATORY DEMOCRACY

Fernanda Oliveira Fernandes, Juvêncio Borges Silva — Fri, 26 Dec 2025 00:00:00 -0300

The article critically analyzes the relationship between algorithmic transparency and participatory democracy, in light of the growing role of artificial intelligence in mediating the digital public space. It starts from the hypothesis that the opacity of algorithms compromises democratic deliberation by favoring the dissemination of persuasive and polarizing discourses—a phenomenon that the study identifies as a contemporary expression of “digital sophists.” The research adopts a deductive methodology and qualitative approach, based on an interdisciplinary literature review that integrates Law, Philosophy, Political Science, and Technology, as well as a comparative study between the regulatory frameworks of the European Union and Brazil. It is found that the absence of algorithmic transparency transfers communicative power from the public sphere to automated systems guided by engagement and monetization logic, undermining informational plurality and citizen autonomy. On the international scene, the progress of the European AI Act stands out as a benchmark for ethical and responsible regulation of artificial intelligence. In Brazil, although the Civil Rights Framework for the Internet and the General Data Protection Law represent advances, they still lack effectiveness and specific mechanisms for algorithmic governance. It is concluded that the consolidation of participatory democracy in the digital age requires public policies focused on informational transparency, platform accountability, and critical education for the use of technology, in order to ensure that artificial intelligence serves freedom and truth, and not discursive manipulation.

Keywords: Algorithmic transparency. Participatory democracy. Artificial intelligence. Digital sophists.

DEMOCRATIZATION OF ACCESS TO JUSTICE: OBSTACLES AND PATHS TO THE ENFORCEMENT OF FUNDAMENTAL RIGHTS

Catharina Marques, Juvêncio Borges Silva — Fri, 26 Dec 2025 00:00:00 -0300

The article analyzes the right of access to justice as the basis of citizenship in the Democratic Rule of Law, highlighting its importance for the realization of fundamental rights. It addresses contemporary challenges, such as procedural slowness, high costs and the influence of the media on the public perception of Justice. It proposes the use of alternative conflict resolution mechanisms and the need for structural reforms to democratize access to justice and promote a more just and egalitarian society. The method used was deductive, based on data and literary review.

Keywords: Citizenship. Access to justice. Fake news. Equality. Conflicts.

DEMOCRACY IN DIGITAL TIMES: THE INFLUENCE OF NEW SOCIAL MEDIA ON YOUTH POLITICAL SOCIALIZATION AND THE IMPORTANCE OF MEDIA LITERACY

Noéli Zanetti Casagrande de Souza, Luana Botosso Salomão , Roselaine Pupin — Fri, 26 Dec 2025 00:00:00 -0300

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.

O DIREITO À SEGURANÇA PÚBLICA COMO EXPRESSÃO DE CIDADANIA COLETIVA: ENTRE A TUTELA ESTATAL E A PARTICIPAÇÃO SOCIAL NA GARANTIA DE DIREITOS FUNDAMENTAIS

Yasmin Fernandes Araujo Lins — Fri, 26 Dec 2025 00:00:00 -0300

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.

HOW IS THE FAMILIARIZATION OF DOMESTIC WORK USED AS A STRATEGY TO DENY THE EMPLOYMENT RELATIONSHIP AND TO CONCEAL SITUATIONS OF SLAVE-LIKE LABOR?

Ana Carolina Silva Melo, Jair Aparecido Cardoso — Fri, 26 Dec 2025 00:00:00 -0300

This paper examines the “familiarization” of domestic work in Brazil as a strategy that conceals labor exploitation under the guise of emotional bonds and care. Through a historical and critical approach, the study reveals how the legacy of slavery continues to shape domestic labor through informality, structural racism, and gender inequality. Real-life cases are presented to illustrate the persistence of slavery-like conditions, and recent statistics underscore the ongoing prevalence of informality and precariousness. The research concludes that portraying domestic workers as “part of the family” remains a tool of subordination and calls for further studies aimed at dismantling this oppressive dynamic.