<span data-sheets-value="{"1":2,"2":"Práxis Jurídic@ é um periódico científico Direcionada para as Ciências Sociais Aplicadas, de caráter semestral com arbitragem cega por pares, publicado pelo Curso de Direito da Faculdade Evangélica de Goianésia, direcionado à divulgação de estudos e pesquisas que contribuam para o desenvolvimento das áreas em que estejam inseridos. Destina-se à divulgação de trabalhos técnico-científicos originais, inéditos, resultantes de pesquisas científicas. É aberta a receber trabalhos de pesquisadores de instituições de pesquisa, ensino e extensão do Brasil e do mundo. Tem por missão publicar artigos científicos-técnicos e notas técnicas de qualidade originais não submetidos a outro periódico, envolvendo pesquisas inéditas e novas tecnologias de interesse."}" data-sheets-userformat="{"2":513,"3":[null,0],"12":0}">ISSN: 2596-2108 <span data-sheets-value="{"1":2,"2":"Práxis Jurídic@ é um periódico científico Direcionada para as Ciências Sociais Aplicadas, de caráter semestral com arbitragem cega por pares, publicado pelo Curso de Direito da Faculdade Evangélica de Goianésia, direcionado à divulgação de estudos e pesquisas que contribuam para o desenvolvimento das áreas em que estejam inseridos. Destina-se à divulgação de trabalhos técnico-científicos originais, inéditos, resultantes de pesquisas científicas. É aberta a receber trabalhos de pesquisadores de instituições de pesquisa, ensino e extensão do Brasil e do mundo. Tem por missão publicar artigos científicos-técnicos e notas técnicas de qualidade originais não submetidos a outro periódico, envolvendo pesquisas inéditas e novas tecnologias de interesse."}" data-sheets-userformat="{"2":513,"3":[null,0],"12":0}">A Revista Práxis Jurídic@ é uma publicação acadêmica do Curso de Direito da Faculdade Evangélica de Goianésia/Goiás em formato online com publicação semestral. <span data-sheets-value="{"1":2,"2":"Práxis Jurídic@ é um periódico científico Direcionada para as Ciências Sociais Aplicadas, de caráter semestral com arbitragem cega por pares, publicado pelo Curso de Direito da Faculdade Evangélica de Goianésia, direcionado à divulgação de estudos e pesquisas que contribuam para o desenvolvimento das áreas em que estejam inseridos. Destina-se à divulgação de trabalhos técnico-científicos originais, inéditos, resultantes de pesquisas científicas. É aberta a receber trabalhos de pesquisadores de instituições de pesquisa, ensino e extensão do Brasil e do mundo. Tem por missão publicar artigos científicos-técnicos e notas técnicas de qualidade originais não submetidos a outro periódico, envolvendo pesquisas inéditas e novas tecnologias de interesse."}" data-sheets-userformat="{"2":513,"3":[null,0],"12":0}">É um periódico direcionado à divulgação de artigos científicos e trabalhos técnico-científicos originais, inéditos, resultantes de pesquisas científicas com as mais diversas abordagens teóricas e metodológicas, relacionadas as Ciências Sociais Aplicadas. <span data-sheets-value="{"1":2,"2":"Práxis Jurídic@ é um periódico científico Direcionada para as Ciências Sociais Aplicadas, de caráter semestral com arbitragem cega por pares, publicado pelo Curso de Direito da Faculdade Evangélica de Goianésia, direcionado à divulgação de estudos e pesquisas que contribuam para o desenvolvimento das áreas em que estejam inseridos. Destina-se à divulgação de trabalhos técnico-científicos originais, inéditos, resultantes de pesquisas científicas. É aberta a receber trabalhos de pesquisadores de instituições de pesquisa, ensino e extensão do Brasil e do mundo. Tem por missão publicar artigos científicos-técnicos e notas técnicas de qualidade originais não submetidos a outro periódico, envolvendo pesquisas inéditas e novas tecnologias de interesse."}" data-sheets-userformat="{"2":513,"3":[null,0],"12":0}">A Revista Práxis Jurídic@ está aberta a receber trabalhos de pesquisadores de instituições de pesquisa, ensino e extensão do Brasil e do mundo.Â
Curso de Direito - Faculdade Evangélica de Goianésia
This article analyzes the limits of the employer’s directive power in light of the increasing requirement for employees to participate in marketing and advertising activities on corporate social media platforms. The study addresses the issue of whether so-called coercive marketing may constitute a misuse or accumulation of functions, as well as whether it may give rise to the employee’s right to additional financial compensation. The objective is to investigate the extent to which the employer may demand the use of the employee’s image, digital identity, and working time for advertising purposes without violating fundamental labor rights, particularly the rights to image, privacy, and disconnection. The methodology adopted consists of qualitative and descriptive bibliographic research, based on the hypothetical-deductive and inductive legal methods, with analysis of labor legislation, specialized legal doctrine, and case law from Brazilian labor courts. The findings indicate that, despite the absence of specific regulation in Brazilian law, the imposition of digital marketing activities not provided for in the employment contract may constitute an abuse of managerial power, potentially characterizing misuse or accumulation of functions and giving rise to compensation. The study concludes that there is a pressing need for specific regulation establishing objective criteria for the use of employees’ images, remuneration parameters, and effective safeguards against coercive practices in the digital work environment.
The present study, entitled “RMS 29087 Judgment: An Analysis of the Legal Effects of the Time Frame for the Occupation of Guarani Kaiowá Indigenous Land,” is justified by the significant changes in the territorial distribution of Indigenous peoples in Brazil and the need for public policies adapted to this new reality of Indigenous occupation. Accordingly, the research seeks to answer the following question: How does the RMS 29087 judgment, by applying the time frame doctrine, impact the effectiveness of Indigenous territorial rights and the constitutional protection provided in Article 231 of the Federal Constitution? The general objective is to analyze the legal and social impacts of the RMS 29087 judgment regarding the application of the time frame thesis and the normative conflicts involved. The specific objectives are: to assess the territorial distribution of Indigenous peoples and its social implications; to examine the legal arguments used in the RMS 29087 ruling; and to discuss the constitutionality of the time frame doctrine in light of Article 231 of the Federal Constitution. The methodology adopted is descriptive, with a quantitative-qualitative approach, using the deductive method and secondary analysis of the selected bibliography. The study concludes that Indigenous territoriality in Brazil reveals a gap between the rights guaranteed and the reality experienced, calling for more effective policies that are sensitive to the identity and resistance of Indigenous peoples.
THE IMPACT OF ARTIFICIAL INTELLIGENCE ON REDEFINING LABOR RELATIONS IN BRAZIL
The research entitled “The Impacts of Artificial Intelligence on Redefining Labor Relations in Brazil” addresses the positive and negative repercussions of using this system in production processes within the current labor landscape. It is justified by the need to examine and gain a deeper theoretical understanding of the increasing integration of technologies into the workplace. The central problem is to answer: how can artificial intelligence impact the security and stability of labor relations, and what measures can be adopted to balance automation and the preservation of decent jobs, avoiding the precariousness of work? The overall objective is to ensure that AI can affect the security and stability of these relations in the absence of regulation in the country. The specific objectives aim to analyze the restructuring of labor relations and the potential socioeconomic impacts of the progressive use of AI, identify the possibilities of (lack of) protection of fundamental workers' rights, and discuss the process of adaptation and flexibility of both employee and employer in the face of new labor transformations. The research methodology employed was a bibliographic review, with a qualitative and descriptive approach using the hypothetical-deductive method, starting from the hypothesis that the absence of specific regulations on AI may exacerbate the precariousness of labor relations. It is concluded that the regulation of Article 7, item XXVII, of the 1988 Federal Constitution is essential, aligning robust legislation with public policies for professional training and retraining, to protect and reduce the impacts of automation on vulnerable workers.
VULNERABILIDADE E PROTEÇÃO DO TRABALHO REMOTO NO BRASIL
The present work analyzes the physical and psychological vulnerability to which remote workers are exposed in the contemporary context, marked by the growing adoption of this work modality. The research is justified by the need to address issues related to the protection and guarantee of rights of workers who perform their duties remotely in Brazil, due to the expansion of this form of work. Thus, the research problem seeks to answer the question: how can the worker be protected and their physical and psychological integrity ensured in the context of remote work in Brazil? The general objective is to analyze the current legislation, identifying possible gaps, as well as to present practical cases and jurisprudential trends regarding the health and safety of workers in telework. The specific objectives are: to identify the most relevant aspects and characteristics of telework under the Consolidation of Labor Laws (CLT) and Law No. 14,442/2022; to describe risks to the physical and psychological integrity of the worker and to discuss the existing protections, as well as the vulnerabilities. The methodology employed was qualitative bibliographic research, of a descriptive nature, based on the hypothetical-deductive and inductive legal methods. It is concluded, therefore, that legislative improvement that addresses the specificities of telework requires a certain degree of priority, in order to ensure dignified, safe, and humane conditions for workers engaged in this labor reality.
INCONSTITUCIONALIDADE POR VÍCIO DE DECORO PARLAMENTAR
O presente artigo tem como objetivo esclarecer a tese doutrinária que propõe uma nova modalidade de controle de constitucionalidade, segundo a qual leis e atos normativos podem ser considerados inconstitucionais quando aprovados sob a influência de corrupção ou favorecimento indevido a parlamentares. Utilizando os métodos qualitativo e dedutivo, a pesquisa fundamenta-se em doutrinas jurídicas, artigos especializados e nos princípios basilares do Direito, a fim de analisar a viabilidade jurídica dessa proposta. Além de sua relevância política, o estudo busca verificar se o chamado “vício de decoro parlamentar” pode configurar uma nova causa de inconstitucionalidade, equiparável aos vícios formais e materiais. Assim, defende-se que normas afetadas por práticas parlamentares indecorosas não refletem a legítima vontade popular e, portanto, devem ser submetidas ao mesmo controle de constitucionalidade, podendo ser declaradas ineficazes.
WOMEN’S “MENTAL LOAD”: REFLECTIONS ON INEQUALITY AND VIOLENCE IN THE SEXUAL DIVISION OF LABOR TODAY
Over time, women's work has received less social significance, while women are given greater cognitive effort and greater responsibilities regarding care and family management, which act daily to favor female discrimination and inequality in the workplace and in society as a whole. This invisible violence, almost never mentioned, continues to oppress and even make many women sick in Brazil and in several other countries. For a more in-depth analysis of the so-called “mental burden” on women and its repercussions, it is necessary to consider, in addition to the current norms, the historical sexual division of labor, especially at home, where an asymmetry in the distribution of domestic services and family chores persists, and to reflect critically on the persistent hierarchies in social relations, with their physical and mental repercussions. Through a bibliographic and documentary analysis, we seek to demonstrate how the social, cultural and historical construction of the need for women to act in the management of family life, combined with the “innate” attribution to the gender of domestic work and care, is, at the same time, the cause and consequence of inequalities that are still present today, including direct implications for health, productivity and the reduction of the social value of paid female work, all of which consider aspects of race and social condition, from an intersectional perspective.
INFANTICIDE X QUALIFIED HOMICIDE: SUBJECTIVITY ABOUT THE APPLICATION OF PUERPERAL STATUS AND BRAZILIAN JURISPRUDENCE
This research, infanticide qualified homicide: subjectivity about the application of puerperal status and brazilian jurisprudence, discusses the conceptualization and brief historical concept of the crimes of infanticide and homicide, as well as the analysis of the puerperal state and the understanding of Brazilian regional courts. The topic discussed is justified considering that in the pre-procedural and procedural phase, the correct identification of the crime committed will alter the entire criminal prosecution, benefiting or harming the accused, because the puerperal state opens up a subjective margin in the criminal context. The problem we sought to answer was whether there is a need to understand how higher courts face the subjectivity of the matter related to the time lapse in the application of the puerperal state and consequently the crime of infanticide? The general objective was to explain the time lapse of the puerperal state, as well as the understanding of regional courts on the matter. The specific objectives are consistent with the analysis of crimes, the crime of infanticide and the identification of the puerperal state. The methodology used was qualitative, where research will be carried out on laws, jurisprudence and theories created by scholars. In the end, the research found that, considering the jurisprudential divergence, each case must be analyzed individually, taking into account the evidence of the influence of the puerperal state at the time of the crime.
HATE SPEECH ON SOCIAL MEDIA AND THE LIMITS OF FREEDOM OF EXPRESSION IN BRAZIL
Hate speech on social media is a relevant social phenomenon today, especially due to the reach provided by the internet. But what can be considered hate speech in practice? Is there, in fact, a limit to freedom of expression? How does Brazilian law protect victims of this type of speech from civil and criminal matters? This topic requires more in-depth studies, which this article has undertaken based on a bibliographic review of studies on hate speech, in addition to an analysis of the most important Brazilian laws on the subject, seeking to outline a profile of the legal scenario surrounding the practice of hate speech on social media. Although Brazil does not yet have specific legislation that provides for civil and criminal consequences for users who publish hate speech on social media, there are scattered laws in force that authorize the legal protection of victims, based on personality rights (protection of equality, honor, privacy) and human dignity. Therefore, it must be considered that hate expressed on social media cannot be considered a mere opinion and is not protected by freedom of expression.
THE LIABILITY OF INTERNET PROVIDERS IN LIGHT OF BRAZILIAN LEGISLATION AND JURISPRUDENCE
This research aims to analyze whether the legislation currently in force in Brazil is capable of holding Internet providers civilly liable for illegal content that may be generated and disseminated by their users on the Internet. It is important to examine the effectiveness of laws to ensure security in cyberspace, verifying whether the available legal means are in fact effective in protecting personal data and the personality rights of individuals on the Internet, as well as providing a more responsible and secure access provision. The objective is to clarify whether the dissemination of publications by users who commit scams and crimes on the Internet can generate civil liability for providers and whether they have means to prevent such illicit acts. To this end, bibliographic-documentary research is used, including specialized doctrines and articles on the subject. Furthermore, through a qualitative and inductive approach, the Federal Constitution and Brazilian laws that regulate the digital environment, such as the Internet Civil Rights Framework and the General Data Protection Law, are used to define the scope of liability for the violation of personal rights in the virtual context. Based on the analysis of existing laws in Brazil and case law precedents, gaps, weaknesses and opportunities for improving the Brazilian legal system were identified to ensure greater security and respect for individual and collective rights, without causing losses to providers due to situations that are not within their scope of control.
THE ARTIFICIAL INTELLIGENCE IN INTELLECTUAL PROPERTY WITHIN THE SCOPE OF COPYRIGHT
The present research explores the legal implications of artificial intelligence (AI) on intellectual property rights and authorship, driven by the increasing capability of AI technologies to generate original content and the ethical and legal challenges this poses to traditional copyright laws. The main objective is to investigate issues such as authorship attribution in AI-generated works and the protection of intellectual property rights for these creations. The central problem examined is whether AI can be considered the owner of the content it produces, and what position human authors hold regarding these creations. The methodology employed includes a review of literature by renowned theorists and critical analysis of existing intellectual property legislation. The research finds that attributing authorship to AI-generated works presents a significant challenge due to the absence of direct human intervention in their creation. Additionally, it identifies gaps in existing legislation to adequately protect the intellectual property rights of AI creations, particularly concerning commercial exploitation and the financial rights of human creators. As a solution to these challenges, future perspectives are explored, such as legislative revisions, ethical guidelines, and specific attribution systems for AI works. These proposals aim to ensure effective protection of intellectual property rights in the context of artificial intelligence, promoting a fundamental debate on the future of intellectual property legislation in a constantly evolving digital environment.
REVENGE PORNOGRAPHY AND GENDER-BASED VIOLENCE
The research was conducted with the aim of analyzing the issue of revenge pornography within the scope of gender violence, within the Brazilian legal context, in addition to explaining the correlation between the practice in question and revictimization in the criminal process scenario. Taking a multifaceted approach, existing gaps in the Brazilian legal framework were exposed, analyzing both the provisions of art. 218-c of the Penal Code and specific legislation, exploring the sociocultural roots that perpetuate such practice. The general objective of the research is to analyze the aspects that connect revenge pornography to gender-based violence and revictimization in the criminal process. To meet the specific objectives outlined, a comprehensive historical analysis of the practice of revenge pornography was carried out, highlighting its temporal evolution, also analyzing the theory of the provocative victim and its effects. The research is justified due to its legal and social relevance, due to the correlation between Revenge Porn and Gender Violence with the Penal Code and patriarchal perquisitions. The problem of the article originates from the following question: How does revenge pornography directly contribute to gender violence and consequently the so-called secondary victimization in the contemporary criminal process? The methodology used was bibliographical research, under a qualitative bias, and finally, descriptive research. The main authors used were Beauvoir (1967), Campos (2013), Scott (1995). It is concluded that the implementation of socio-legal measures is imperative and must incorporate improved legislative measures.
SUMMARY 593 OF THE STJ AND THE (IM) POSSIBILITY OF RELATIVIZING THE VULNERABILITY OF MINORS UNDER 14 IN CASES OF THE SO-CALLED BILATERAL RAPE AND THE EXCEPTION OF ROMEO AND JULIET
The present research, entitled “STJ Summary 593 and the (IM) Possibility of Relativizing the Vulnerability of Minors under 14 Years of Age in Cases of So-called Bilateral Rape and the Romeo and Juliet Exception” has the general scope of analyzing whether, in view of the statement of Precedent 593 of the STJ, there is the possibility of relativizing the vulnerability of children under 14 years of age through the application of the Romeo and Juliet Theory in cases of bilateral rape. This is because the aforementioned topic focuses on the following issue: Should adolescents between 12 and 14 years of age who perform sexual acts with each other, in a consensual manner, be held responsible for the criminal act analogous to the rape of a vulnerable person (bilateral rape)? Thus, the hypotheses raised were that the social environment in which the adolescent is inserted is a factor of great relevance in the formation of their opinions that, later, will lead to actions. Therefore, the State should not intervene in the individual freedom of these people if there is no significant violation of the protected legal interest – Principle of Minimum Intervention. Therefore, in cases of so-called Bilateral Rape, the understanding in Summary 593 cannot be absolute, and those applying the Law must use mechanisms such as the Romeo and Juliet Theory to consider the particularities of each case, given that the Exacerbated punitiveness can generate several negative legal and social consequences for the community as a whole. Furthermore, for this work, the bibliographic method was used to achieve the desired results.
This scientific article describes the importance of the work performed by criminal police officers and temporary prison guards in the State of Goiás, as these professionals are exposed to risks to ensure criminal execution in accordance with current legislation. The problem discussed exposed the diversity in focus between workers and prisoners and presented the perspective of these protagonists regarding the appreciation of the work performed, justifying it due to the lack of social recognition. In this sense, the general objective highlighted the importance of the penal system, specified a brief history of Brazilian prisons, how the penal system is operated in the state and presented the standard operating procedure of Goiás. Other specific points addressed the creation of constitutional amendment 104/2019, which created the institution of the criminal police and implemented professionals in the role of public security bodies, as well as the difference between criminal police and temporary prison guards, emphasizing the wage distinction. Still, it portrayed the data from the author's research and the actions created by the State to guarantee the safety of workers within penal establishments. The scientific methodology used to prepare this work was through bibliography, books, abstracts, academic scientific articles, as well as accompanied by field research in the form of an interview, recorded through an interview in an online form designated for criminal police officers and temporary prison guards. of the 7th Regional Prison North. Therefore, it was concluded that even performing risky activities in favor of public safety, the interviewed public servants are not valued by society.
The present research, entitled "Negotiated Criminal Justice: the (in)effectiveness of decriminalization measures applied by the Special Court of Goianésia - Goiás," aimed to discuss the special courts and their peculiarities. The chosen topic is justified considering that the institutes introduced by the Law of Special Criminal Courts (Law 9.099/95) aim to ensure a faster and more effective response in accordance with the guarantee principles of criminal law. These institutes have the purpose of avoiding the conviction of the perpetrator and promptly satisfying the needs of the victim. Additionally, they seek to relieve the judicial system by reducing the number of cases involving minor offenses. Thus, when implemented, decriminalization measures can conclude or even prevent the initiation of the process. Therefore, the problem addressed was: Are the decriminalization measures applied by the Special Court of Goianésia effective and providing procedural expediency? The methodology used consisted of bibliographic and documentary research, as well as interviews and data analysis. The overall objective is to analyze the Special Criminal Courts in accordance with Brazilian doctrine and legislation, focusing on judicial effectiveness through the application of decriminalization measures by the Special Criminal Court of Goianésia. One of the findings of the research was the verification of the effective application of decriminalization measures by the Special Court of Goianésia.
CRIMES AGAINST SEXUAL DIGNITY OF THE WOMAN AND VITIMOLOGY: PSYCHIC SUPPORT FOR VICTIMS IN THE FACE OF THE REVITIMIZATION PROCESS IN THE CITY OF GOIANESIA - GOIAS
This article is an analysis of crimes against women's sexual dignity and victimology, taking into account the importance of psychological support for victims in the process of revictimization in the city of Goianesia, Goias. The general objective with this article was to analyze the importance of psychological assessment in cases of crimes against women's sexual dignity and understanding how the absence of this assessment can compromise the investigation and prosecution of the crime. The specific objectives include analyzing the criminal justice system in light of the need and importance of protecting victims in sexual crimes, as well as the measures that must be taken to achieve this balance. The justification lies in the pressing need to adapt the research to the practical situation, taking into account the psychological support for these victims. The problem of this article originates from the following question: what is the reality and importance of psychological support for victims of crimes against sexual dignity in the city of Goianesia - Goias? The methodology that proved to be most pertinent to answering this question was bibliographical research, with a qualitative and descriptive bias. The main authors used were Greco (2022), Nucci (2023), Marcao and Gentil (2014) and the database of the Specialized Police Station for Women's Assistance in Goianesia – GO (DEAM). It is concluded that psychological support for victims of sexual crimes is important, based, therefore, on data acquired from the city of Goianesia, Goias.
EFFECTIVENESS OF REFUGEES’ RIGHTS IN BRAZIL WITH THE MIGRATION LAW
Refugee refers to the displacement of people who leave their usual place of residence in search of protection or improvements in living conditions, who commonly face extreme situations on the journey, and need to adapt to a new territory, culture and construction new relationships. For decades, the world has been finding countless refugees moving, due to their countries of origin being in political conflict and war. Brazil, in this scenario, has been a country that has been receiving thousands of refugees. Given this context, this study aimed to analyze the effectiveness of refugee rights in Brazil with the Migration Law. This theme sought to present not only the reality faced by these individuals in the country, but also the national legislation on their situation, as well as its effectiveness. In methodology, it was a bibliographic review, based on scientific studies collected in the databases of Google Scholar, Scielo, among others. In terms of results, in terms of policy, Brazil has made considerable progress in recent decades, by providing in legislation means that aim to ensure the reception and permanence of migrants and refugees in the country. As a result, Brazil is considered a promising country in its capacity to receive refugees, however, there is an evident deficiency in the elaboration and application of public policies, marked by bureaucratic obstacles in the decision-making processes, identifying a greater concern of the Brazilian State of classifying and admitting refugees rather than integrating them into the local community.
A A CONFISSÃO NO ACORDO DE NÃO PERSECUÇO PENAL A LUZ DOS PRINCÀPIOS CONSTITUCIONAIS E SEUS EFEITOS NOS TRÂMITES PROCESSUAIS
THE LAW 13.964/19 INTRODUCED A SIGNIFICANT CHANGE IN THE BRAZILIAN CRIMINAL JUSTICE SYSTEM WITH THE CREATION OF THE NON-PROSECUTION AGREEMENT (ANPP). THE ANPP AIMS TO STREAMLINE THE ADMINISTRATION OF JUSTICE AND REDUCE PRISON OVERCROWDING, APPLICABLE TO CASES OF MEDIUM-LEVEL OFFENSES. THROUGH THIS AGREEMENT, THE PUBLIC PROSECUTOR'S OFFICE AND THE SUSPECT NEGOTIATE THE ADOPTION OF MEASURES TO AVOID PROSECUTION IN EXCHANGE FOR THE DISMISSAL OF CRIMINAL PROCEEDINGS, UPON ADMISSION OF GUILT. HOWEVER, IT IS NECESSARY TO EVALUATE THE LIMITS AND GUARANTEES THAT MUST BE OBSERVED IN THIS INSTRUMENT IN ORDER TO PREVENT THE VIOLATION OF THE DEFENDANT'S FUNDAMENTAL RIGHTS. THE REQUIREMENT OF CONFESSION AS A PREREQUISITE FOR THE APPROVAL OF THIS AGREEMENT HAS GENERATED DEBATES AS IT MAY COMPROMISE THE PRINCIPLES OF ADVERSARIAL PROCESS, RIGHT TO A FULL DEFENSE, AND NON-SELF-INCRIMINATION. FURTHERMORE, THE RESEARCH QUESTION ARISES FROM THE FOLLOWING INQUIRY: DOES THE REQUIREMENT OF CONFESSION FOR THE CELEBRATION OF THE NON-PROSECUTION AGREEMENT VIOLATE THE CONSTITUTIONAL PRINCIPLES OF PRESUMPTION OF INNOCENCE AND NON-SELF-INCRIMINATION? TO ANSWER THIS QUESTION, BIBLIOGRAPHIC RESEARCH AND ANALYSIS OF LEGAL NORMS WILL BE USED. THE OBJECTIVE IS TO CONTRIBUTE TO THE LEGAL DEBATE ON THE CONFORMITY OF THIS REQUIREMENT WITH THE FEDERAL CONSTITUTION. THE STUDY DEMONSTRATES THAT THE REQUIREMENT OF CONFESSION IN THE ANPP SERVES NO PRACTICAL PURPOSE TO THE AGREEMENT AND VIOLATES THE CONSTITUTION OF THE FEDERATIVE REPUBLIC OF BRAZIL OF 1988, AS WELL AS IMPEDING THE DEFENSE OF THE SUSPECT AGAINST THE PUBLIC PROSECUTOR'S OFFICE.
THE JURY COURT AND PROCEDURAL NULLITIES, A POSSIBLE (IN) SECURITY: ANALYSIS ON THE BOATE KISS CASE
THE PRESENT STUDY DEALS WITH INVESTIGATING THE (IN) SECURITY INSTITUTE OF THE POPULAR JURY REGARDING THE OCCURRENCE OF PROCEDURAL NULLITIES. THE POSSIBLE EXISTENCE OF WEAKNESSES AND THEIR IMPACT ON JUDICIAL PROTECTION ARE QUESTIONED. THE GENERAL OBJECTIVE IS TO ANALYZE SUCH A SPECIAL RITE OF THE JURY COURT, THE NULLITIES IN SUCH A PROCEDURE FROM THE PERSPECTIVE OF CRIMINAL PROCEDURAL LAW, VERIFYING THE EXISTENCE OF A POSSIBLE VULNERABILITY OF SUCH SPECIAL PROCEDURE IN RELATION TO NULLITIES, IN ADDITION TO UNDERSTANDING THE PROCEDURAL NULLITIES DECLARED IN THE CASE OF BOATE KISS. THE SPECIFIC OBJECTIVES ARE TO STUDY THE RELEVANCE OF THE POPULAR JURY IN THE BRAZILIAN PENAL SYSTEM, TO UNDERSTAND AND SPECIFY THE PROCEDURAL NULLITIES IN SUCH AN INSTITUTE. THE METHODOLOGY USED WAS BIBLIOGRAPHICAL RESEARCH AND CASE STUDY. THE RESEARCH WAS STRUCTURED IN THREE TOPICS, THE FIRST BEING ABOUT THE JURY TRIAL, ITS HISTORICAL CONTEXT AND GUIDING PRINCIPLES AND HOW THEY ARE APPLIED. IN THE SECOND TOPIC, IT ANALYZED THE NULLITIES IN THE JURY COURT, INCLUDING ITS GUIDING PRINCIPLES AND OCCURRENCE. FINALLY, THE STUDY OF THE CASE OF BOATE KISS WAS CARRIED OUT, SHOWING THE NULLITIES THAT LED TO THE ANNULMENT OF THE JURY. STILL IN THE THIRD TOPIC, THE RELEVANCE OF PROCEDURAL NULLITIES AND THE VALUATION OF THE POPULAR JURY IN THE DEMOCRATIC STATE OF LAW WAS DISCUSSED. IT IS CONCLUDED THAT, DESPITE THE CHANGES BROUGHT ABOUT BY LAW N�º 11.689/2008 AND LAW N�º 13.964/2019, THE JURY COURT LACKS SIGNIFICANT LEGISLATIVE CHANGES CAPABLE OF ADAPTING THE PROCEDURE TO REALITY, A FACT THAT MAKES IT PRONE TO THE OCCURRENCE OF PROCEDURAL NULLITIES.
CRYPTOCURRENCIES IN CRIMINAL INVESTIGATION: LIMITATIONS IN SUSPECT IDENTIFICATION AND DIGITAL ASSET TRACKING
THE RESEARCH IN QUESTION, ENTITLED "CRYPTOCURRENCIES IN CRIMINAL INVESTIGATION: LIMITATIONS IN SUSPECT IDENTIFICATION AND DIGITAL ASSET TRACKING," SOUGHT TO DISCUSS THE THEME OF CRYPTOCURRENCIES, PARTICULARLY BITCOIN, IN THE CONTEXT OF CRIMINAL INVESTIGATION, CONSIDERING THE ACQUISITION OF NEW KNOWLEDGE RELEVANT TO THIS SUBJECT. THE RESEARCH AIMED TO OBTAIN RECENT AND ACCURATE KNOWLEDGE. THE PROBLEM ANALYZED WAS AS FOLLOWS: CONSIDERING THE GLOBAL AND ANONYMOUS USE OF CRYPTOCURRENCIES IN TRANSACTIONS, WHAT TECHNIQUES AND TECHNOLOGIES ARE EMPLOYED BY LAW ENFORCEMENT AUTHORITIES TO IDENTIFY SUSPECTS AND TRACK DIGITAL ASSETS INVOLVED IN THESE TRANSACTIONS? ARE THESE TECHNIQUES SUFFICIENT TO ENSURE PROPER IDENTIFICATION OF INDIVIDUALS, OR ARE THERE CASES WHERE SOME MANAGE TO EVADE LEGAL SANCTIONS? THE GENERAL OBJECTIVE WAS TO INVESTIGATE THE MAIN CHALLENGES FACED BY LAW ENFORCEMENT AUTHORITIES IN OBTAINING DIGITAL EVIDENCE. THE METHODOLOGY APPLIED WAS BIBLIOGRAPHIC AND QUALITATIVE RESEARCH. CRYPTOCURRENCIES HAVE EMERGED AS A FORM OF FINANCIAL TRANSACTION IN THE DIGITAL WORLD, OFFERING GREATER PRIVACY AND ANONYMITY TO USERS. HOWEVER, THIS NEW FORM OF DIGITAL CURRENCY ALSO RAISES CONCERNS IN THE CONTEXT OF CRIMINAL INVESTIGATION, AS IT HAS BEEN USED TO FACILITATE CRIMINAL ACTIVITIES. IT IS CONCLUDED THAT THIS STUDY CONTRIBUTES TO A BETTER UNDERSTANDING OF THE SUBJECT AND TO THE IMPROVEMENT OF TECHNIQUES AND PROCEDURES USED BY LAW ENFORCEMENT AUTHORITIES IN THE IDENTIFICATION AND TRACKING OF CRYPTOCURRENCIES IN CRIMINAL INVESTIGATIONS.
COMPLIANCE: (IN) APPLICABILITY AS A LEGAL INSTRUMENT TO COMBAT IMPROBITY IN BRAZIL
THE THEME OF THIS PAPER IS "COMPLIANCE: (IN)APPLICABILITY AS A LEGAL INSTRUMENT IN COMBATING IMPROPRIETY IN BRAZIL." THE JUSTIFICATION FOR THIS RESEARCH STEMS FROM SOCIETY'S DESIRE FOR A TRANSPARENT, EFFICIENT, AND ETHICAL PUBLIC ADMINISTRATION. FURTHERMORE, IT IS JUSTIFIED BY THE LACK OF UNDERSTANDING AMONG PUBLIC OFFICIALS REGARDING THE USE OF THIS INSTRUMENT IN COMBATING IMPROPRIETY, AIMING TO PREVENT POTENTIAL NEGATIVE LEGAL CONSEQUENCES. THE GENERAL OBJECTIVE OF THIS RESEARCH IS TO VERIFY THE LEGAL POSSIBILITY OF APPLYING COMPLIANCE IN COMBATING ADMINISTRATIVE IMPROPRIETY, PARTICULARLY IN LIGHT OF THE CONSTITUTIONAL PRINCIPLE OF EFFICIENCY, AS WELL AS THE LEGAL CONSEQUENCES RESULTING FROM THE NON-UTILIZATION OF THIS MECHANISM. THE SPECIFIC OBJECTIVES ARE AS FOLLOWS: UNDERSTANDING THE EMERGENCE OF COMPLIANCE, DEFINING THE CONCEPT OF COMPLIANCE AND ADMINISTRATIVE IMPROPRIETY, EXAMINING THE PRINCIPLE OF EFFICIENCY, AND ANALYZING THE APPLICABILITY OF THIS MECHANISM IN COMBATING IMPROPRIETY AND THE NEGATIVE LEGAL CONSEQUENCES OF ITS NON-UTILIZATION. THE RESEARCH TYPE IS DESCRIPTIVE AND QUALITATIVE, UTILIZING METHODS SUCH AS LITERATURE REVIEW, DOCTRINAL RESEARCH, AND DOCUMENTARY ANALYSIS OF THE 1988 CONSTITUTION OF THE FEDERATIVE REPUBLIC OF BRAZIL, CURRENT LEGISLATION, AND OTHER DOCUMENTS RELATED TO COMPLIANCE. THIS STUDY HAS REVEALED THAT THE NON-UTILIZATION OF COMPLIANCE DOES NOT VIOLATE THE PRINCIPLE OF EFFICIENCY, AND THEREFORE, PUBLIC OFFICIALS CANNOT BE PUNISHED FOR ADMINISTRATIVE IMPROPRIETY ON THIS BASIS. HOWEVER, IN A BROADER SENSE, CONCERNING THE FIGHT AGAINST ADMINISTRATIVE IMPROPRIETY, THE MECHANISM PROVES FRUITFUL. FURTHERMORE, IT HAS BEEN OBSERVED THAT THE DISREGARD FOR COMPLIANCE-RELATED NORMS IN PUBLIC ADMINISTRATION LEADS TO LEGAL CONSEQUENCES IN THE ADMINISTRATIVE, CIVIL, AND CRIMINAL.
DIGITAL INHERITANCE IN BRAZILIAN SUCCESSION LAW: THE INNOVATIVE CONFLICT BETWEEN THE RIGHT TO PRIVACY AND TRANSFER OF DIGITAL ASSETS AFTER THE DEATH OF THE HOLDER.
THE PRESENT ARTICLE IS BASED ON THE TOPIC OF DIGITAL INHERITANCE WITHIN THE SCOPE OF BRAZILIAN SUCCESSION LAW, CONSIDERING THE CONFLICT BETWEEN THE RIGHT TO PRIVACY AND THE TRANSFER OF DIGITAL ASSETS AFTER THE DEATH OF THE OWNER, IN THE ABSENCE OF SPECIFIC LEGISLATION. IN THIS CONTEXT, THE ADDRESSED PROBLEM AROSE: IS IT POSSIBLE TO ESTABLISH THE SUCCESSION OF DIGITAL ASSETS, RESPECTING THE PRIVACY RIGHTS OF THE DECEASED OWNER, EVEN IN THE FACE OF GAPS IN BRAZILIAN LAWS REGARDING DIGITAL INHERITANCE? TO FIND THE SOLUTION TO THIS QUESTION, THE LEGAL AND ETHICAL ISSUES INVOLVED IN THE TRANSFER OF DIGITAL ASSETS LEFT BY A DECEASED PERSON WILL BE ANALYZED, BASED ON TECHNOLOGICAL ADVANCEMENTS. THE ARTICLE ALSO PROVIDES A SUCCINCT EXPLANATION OF DIGITAL RIGHTS AND THE DIFFERENTIATION OF DIGITAL ASSETS. THE RESEARCH IS BASED ON DOCTRINES, LEGISLATION, BOOKS, AND SCIENTIFIC ARTICLES, USING MAINLY BIBLIOGRAPHIC METHODOLOGY, PRIMARILY THE FEDERAL CONSTITUTION OF 1988 AND THE CIVIL CODE OF 2002, AND SOME AUTHORS SUCH AS TARTUCE (2019), MADALENO (2020), PEREIRA (2020), ZAMPIER (2021), AMONG OTHERS. THE STUDY AIMS TO VERIFY THE POSSIBILITY OF TRANSMITTING DIGITAL ASSETS, DEMONSTRATE THE GAPS IN BRAZILIAN LEGISLATION REGARDING DIGITAL INHERITANCE, EMPHASIZE THE NEED TO BALANCE THE PRIVACY RIGHTS OF THE DECEASED WITH THE HEIRS' NEED TO ACCESS, MANAGE, AND PRESERVE DIGITAL ASSETS. FINALLY, IT WILL HIGHLIGHT THE IMPORTANCE OF LEAVING A WILL SPECIFYING WHAT SHOULD HAPPEN TO DIGITAL ASSETS AFTER DEATH, EMPHASIZING THE NEED FOR SPECIFIC LEGISLATION ON THE SUBJECT.
HIRING LAWYERS THROUGH NON-COMPETITIVE BIDDING UNDER THE NEW BIDDING LAW N. ° 14.133/2021
THE THEME OF THIS ARTICLE IS THE (IM)POSSIBILITY OF DIRECT HIRING OF LAWYERS BY THE PUBLIC ADMINISTRATION UNDER THE NEW PUBLIC PROCUREMENT LAW. THE JUSTIFICATION FOR THIS RESEARCH IS THE EMERGENCE OF DOUBTS REGARDING THE (IM)POSSIBILITY OF DIRECT HIRING OF LAWYERS BY THE PUBLIC ADMINISTRATION IN CASES WHERE THERE IS NO UNIQUENESS OF SERVICES UNDER THE APPLICATION OF THE NEW PUBLIC PROCUREMENT LAW. THE GENERAL OBJECTIVE OF THE RESEARCH IS TO ANALYZE THE (IM)POSSIBILITY OF HIRING LAWYERS BY THE PUBLIC ADMINISTRATION, APPLYING LAW NO. 14,133/2021. THE SPECIFIC OBJECTIVES ARE: TO ANALYZE THE HISTORICAL AND LEGISLATIVE EVOLUTION OF PUBLIC PROCUREMENT; TO UNDERSTAND CONCEPTS AND PRINCIPLES APPLICABLE TO PROCUREMENT IN BRAZIL, AND TO VERIFY THE (IM)POSSIBILITY OF DIRECT HIRING OF LAWYERS BY THE PUBLIC ADMINISTRATION IN CASES WHERE THERE IS NO UNIQUENESS OF SERVICES. THE RESEARCH TYPE IS DESCRIPTIVE AND QUALITATIVE, AND THE RESEARCH METHODOLOGY CONSISTS OF THE DEDUCTIVE METHOD THROUGH BIBLIOGRAPHIC REVIEW OF BOOKS, SCIENTIFIC ARTICLES, DOCTRINES, AND SECONDARY DOCUMENTARY ANALYSIS WITH RESEARCH IN THE FEDERAL CONSTITUTION OF 1988, CURRENT LAWS, AND JURISPRUDENCE. THE MAIN RESULTS OBTAINED DEMONSTRATED THAT CONTRACTS EXECUTED UNDER LAW NO. 8,666/1993 ARE POSSIBLE, PROVIDED THAT THE REQUIREMENTS DEMANDED BY THE FEDERAL COURT OF ACCOUNTS ARE MET, REQUIRING NOTORIOUS SPECIALIZATION AND UNIQUENESS, DESPITE THE FACT THAT THE FEDERAL SUPREME COURT HAS NOT YET ISSUED A DEFINITIVE DECISION IN DECLARATORY ACTION OF CONSTITUTIONALITY 45. CONTRACTS UNDER LAW NO. 14,133/2021 ARE LEGALLY POSSIBLE, EXCLUDING THE REQUIREMENT OF UNIQUENESS. IT IS CONCLUDED THAT THE DIRECT HIRING OF LAWYERS BY THE PUBLIC ADMINISTRATION IS POSSIBLE, INCLUDING WITHOUT UNIQUENESS OF THE OBJECT.
THE USE OF CANNABIS SATIVA FOR MEDICINAL PURPOSES IN THE LIGHT OF THE BRAZILIAN LEGAL SYSTEM
IT IS CONCLUDED THAT THROUGHOUT HISTORY THERE HAVE BEEN GREAT DISCOVERIES RELATED TO THE PLANT, IN ADDITION TO ALL THE BENEFITS FOR MEDICINE, HOWEVER THE USE OF THE PLANT IS ONLY ALLOWED IN CASE OF EPILEPSY DISEASE. FOR FUTURE RELEASES OF THE USE OF CANNABIS, NEW SCIENTIFIC DISCOVERIES WILL BE NECESSARY, A MORE STRATEGIC LOOK AT THE GOOD USE OF THE PLANT. THE THEME OF THE RESEARCH IS RELATED TO THE USE OF CANNABIS FOR MEDICINAL PURPOSES IN THE LIGHT OF THE BRAZILIAN LEGAL SYSTEM. THE GENERAL OBJECTIVE OF THE RESEARCH IS TO ANALYZE HOW THE CURRENT LEGAL SYSTEM IN BRAZIL REGULATES THE USE OF CANNABIS SATIVA FOR THERAPEUTIC PURPOSES. THE SPECIFIC OBJECTIVES ARE: OUTLINING THE HISTORICAL EVOLUTION AND CONSIDERATIONS REGARDING THE PROHIBITION OF THE USE OF CANNABIS IN BRAZIL, DISCUSSING CANNABIS FOR THERAPEUTIC PURPOSES, POINTING OUT ITS SCIENTIFIC ADVANCES AND, FINALLY, ANALYZING THE USE OF CANNABIS FOR THERAPEUTIC PURPOSES IN THE BRAZILIAN CONTEXT. THE JUSTIFICATION FOR THIS RESEARCH IS DUE TO ITS LEGAL AND SOCIAL RELEVANCE. THE PROBLEM IS FACED WITH THE FOLLOWING QUESTION: HOW IS THE USE OF CANNABIS FOR MEDICINAL PURPOSES TREATED IN THE LIGHT OF THE BRAZILIAN LEGAL SYSTEM? THE METHODOLOGY USED WAS BIBLIOGRAPHICAL RESEARCH, WITH CONTENT TAKEN FROM LEGISLATION, JURISPRUDENCE, BILLS, DOCTRINES AND SCIENTIFIC ARTICLES. THE MAIN AUTHORS WERE PAULA (2019), TEIXEIRA (2015) AND MAGALH�ES (2018). AFTER THE DEVELOPMENT OF THE RESEARCH, IT IS CONCLUDED THAT THROUGHOUT HISTORY THERE HAVE BEEN GREAT DISCOVERIES RELATED TO THE PLANT, IN ADDITION TO ALL THE BENEFITS FOR MEDICINE, HOWEVER, ONLY THE PERMISSION OF THE USE OF THE PLANT IN CASES OF EPILEPSY DISEASE IS SEEN, DESPITE THE PROJECTS OF LAWS THAT WERE PROPOSED, IT WILL BE NECESSARY, FOR FUTURE RELEASES OF THE USE OF CANNABIS, NEW SCIENTIFIC DISCOVERIES, WITH THAT A MORE STRATEGIC LOOK FOR THE GOOD USE OF THE PLANT
A DESREGULAMENTAÇO E O TRABALHO DA MULHER APÓS A CONSTITUIÇO CIDADÃ
TENDO A PROMULGA��O DA CONSTITUI��O FEDERAL DE 1988 COMO PAR�METRO, A PESQUISA BUSCOU ESTABELECER OS IMPACTOS NA IGUALDADE DE G�NERO DECORRENTES DAS DESREGULAMENTA��ES INFRACONSTITUCIONAIS EFETUADAS NO DIREITO DO TRABALHO DA MULHER. ASSIM, ANALISOU-SE AS MOTIVA��ES LEGISLATIVAS E AS PRINCIPAIS REVOGA��ES OCORRIDAS NO CAP�TULO III DA CONSOLIDA��O DAS LEIS DO TRABALHO REFERENTE � PROTE��O DO TRABALHO DA MULHER. PARA TANTO, FOI IMPRESCIND�VEL O EMBASAMENTO NOS ESTUDOS DE AUTORAS CONCEITUADAS SOBRE O TEMA, COMO ALICE MONTEIRO DE BARROS E L�A ELISA SILINGOWSCHI CALIL.
COVID-19: LEGAL (IM)POSSIBILITY OF DISMISSAL WITH JUST CAUSE IN CASE OF VACCINATION REFUSAL
O TEMA DA PRESENTE PESQUISA � A VACINA��O CONTRA A COVID-19 E SUAS CONSEQU�NCIAS NO �MBITO TRABALHISTA. O ARTIGO CIENT�FICO ESTA JUSTIFICADO NA NECESSIDADE DE UMA DECIS�O LEGAL QUE DETERMINE A POSSIBILIDADE DE DEMISS�O POR JUSTA CAUSA DO FUNCION�RIO QUE NÃO SE VACINAR, UMA VEZ QUE A RELEV�NCIA ESTÁ PRESENTE, POIS A VACINA��O EM MASSA � UM MEIO PARA A PROTE��O DA POPULA��O, ISSO PORQUE H� UM CONFLITO, ONDE DE UM LADO TEM INTERESSE P�BLICO E DE OUTRO A LIBERDADE INDIVIDUAL DE CADA UM. A PESQUISA � QUALITATIVA, UMA VEZ QUE ENVOLVER� APENAS DADOS CARACTER�STICOS, INCLUSIVE A DIVERG�NCIA JURISPRUDENCIAL ACERCA DO TEMA E TEM RELEV�NCIA PAUTADA NA NECESSIDADE DE UMA PREVIS�O LEGAL QUE REGULAMENTE O TEMA. QUANTO � METODOLOGIA EMPREGOU-SE A REVISÃO BIBLIOGR�FICA COM PESQUISA EM DOUTRINAS E ARTIGOS CIENT�FICOS. TAMB�M FOI UTILIZADO COMO BASE PARA O PRESENTE TRABALHO A ANÁLISE DOCUMENTAL COM PESQUISAS NA CONSTITUI��O FEDERAL E NAS CONSOLIDA��ES DAS LEIS DO TRABALHO E OUTRAS LEIS QUE REGULAMENTAM AS MEDIDAS DE ENFRENTAMENTO � DOEN�A. AO FINAL CHEGOU-SE � CONCLUS�O QUE O EMPREGADO PODE SIM SER DEMITIDO EM CASO DE NEGATIVA DE VACINA��O, POIS � DE RESPONSABILIDADE DO EMPREGADOR A SAÚDE COLETIVA NO �MBITO DA EMPRESA.
THE LEGISLATIVE OMISSION OF THE STATE IN CYBER CRIMES AGAINST HONOR
THIS COURSE CONCLUSION WORK AIMS TO DISCUSS CRIMES AGAINST HONOR, AS WELL AS ANALYZE THE MEDIA AS A FACTOR THAT HELPS IN THE PROPAGATION OF CRIMES. IN ADDITION, IT WILL ALSO BE NARRATED ABOUT THE APPLICABILITY OF THE CURRENT SANCTIONS IN THE BRAZILIAN LEGAL SYSTEM AND IF THEY ARE EFFICIENT TO INHIBIT SUCH CRIMINAL PRACTICES, ACCORDINGLY, THE PROBLEM OF FREEDOM OF EXPRESSION THAT ACTS AS A FALSE PERCEPTION OF UNLIMITED RIGHT WILL ALSO BE CONSIDERED. AND FOR THE DEVELOPMENT TO BECOME A REALITY, THE METHODOLOGY ADDRESSED WILL BELONG TO THE REFERENCES THAT GOVERN THE SCIENTIFIC WORKS IN MEETING WITH THE SUBSIDIES DIRECTED TO METHODOLOGICAL SCIENCE. IN ADDITION, THE RESEARCH PROJECT HAS A PRACTICAL NATURE, GIVEN THE IMPORTANCE OF STUDYING THIS SCENARIO IN CONTEMPORARY TIMES, BASED ON THE EXPOSURE OF VIRTUAL CRIMES. IN THIS WAY, THE FUNDAMENTAL PURPOSE IS TO TAKE ADVANTAGE OF THE KNOWLEDGE AND RESULTS EXPOSED. IN FACT, THE BASIS FOR THE PROPOSAL IS INSERTED IN A SERIES OF DOCTRINAL THOUGHTS THAT AIM TO SOLVE SUCH CONFLICTS AND MAKE IT CLEAR WHICH MEASURES WOULD BE THE MOST APPLICABLE IN THE BRAZILIAN SCENARIO, TAKING INTO ACCOUNT DIFFERENT CONTEXTS THAT CONFIGURE THE CULTURE OF THIS COUNTRY SO RICH IN DIVERSITIES. THEREFORE, THE PRESENT LETTER SEEKS THE SOLUTION AND CHANGE IN THE FRAMEWORK OF CRIMES THAT GUIDE HONOR, IN ORDER TO RAISE HYPOTHESES IN DEFENSE OF A CONSTITUTIONALLY ''PROTECTED'' LEGAL INTEREST, THUS, THE OBJECTIVE IN THEORY IS NOT TO RAISE DIFFERENCES TO THE OTHER FIELDS AND RIGHTS, BUT TO ANALYZE WHETHER THE STATE PRESENTS A LEGISLATIVE OMISSION IN THE FACE OF THESE CRIMES AND WHAT EVENTUAL CHANGES WOULD BE NECESSARY FOR THESE CRIMES TO BE ENDED. IT IS ALSO EXPECTED THAT THIS RESEARCH PROJECT WILL BE USED AND EFFICIENTLY FULFILL A ROLE OF CONTRIBUTION TO THE WORKS THAT ARE YET TO BE DEVELOPED, SO THAT IT CAN THEN SERVE AS AN INSPIRATION FOR OTHER ACADEMICS WHO WISH TO DISCUSS THE SAME PROBLEM. &NBSP;
A EVOLUÇO HISTÓRICO JURÀDICA DO TRABALHO DOMÉSTICO FEMININO NO BRASIL
ESTA PESQUISA VERSA SOBRE A EVOLU��O HISTÓRICA DO TRABALHO DOM�STICO ABORDANDO UMA VIS�O GERAL, PORÉM, COM FOCO NO PER�ODO COLONIAL AT� OS DIAS ATUAIS, A PROBLEMÁTICA SE RESUME NAS SEGUINTES PERGUNTAS: O TRABALHO FEMININO AO LONGO DA HISTÓRIA CONSTITUIU-SE EM ALGO EXTREMAMENTE DESAFIADOR? E COMO A MULHER ERA VISTA NO DECORRER DA HISTÓRIA TEVE IMPACTOS NA CATEGORIA?. A JUSTIFICATIVA DO ESTUDO SE D� PELO FATO DE SER UM TEMA ATUAL E CERCADO DE DESAMPARO LEGAL EFICIENTE NO DECORRER DA HISTÓRIA O QUE GEROU MUITO PRECONCEITO E INFERIORIZA��O EM RELAÇÃO AO ASSUNTO E PELA N�TIDA NECESSIDADE DE FAZER COM QUE A CATEGORIA SE SINTA ACOLHIDAS E RECONHECIDAS. O OBJETIVO GERAL DO ARTIGO � DE ANALISAR A EVOLU��O HISTÓRICA JUR�DICA DO TRABALHO DOM�STICO FEMININO NO BRASIL. OS OBJETIVOS ESPEC�FICOS SÃO:INVESTIGAR SE O TRABALHO DOM�STICO AO LONGO DOS ANOS CONSTITUIU-SE NUM GRANDE DESAFIO PARA O P�BLICO FEMININO E INFERIR SOBRE OS IMPACTOS DOS EVENTOS HISTÓRICOS NA CATEGORIA. PARA TAL DESIDERATO, O ESTUDO DET�M A METODOLOGIA DE PESQUISA BIBLIOGR�FICA, UTILIZANDO, PARA TAL FIM, A LITERATURA APROPRIADA, OS SITES ESPECIALIZADOS E O LEVANTAMENTO DAS LEGISLA��ES PERTINENTES � TEM�TICA. DESSA FORMA, CONCLUI-SE QUE, PARA UM COMBATE EFETIVO CONTRA TRABALHO AN�LOGO AO ESCRAVO, E NECESS�RIO A ADO��O DE MEDIDAS ANTES PARA CONSCIENTIZAR, DURANTE PARA MITIGAR OS DANOS E DEPOIS PARA APOIAR ESSA V�TIMA VULNER�VEL PARA QUE NÃO VOLTE A REPETIR ESSE CICLO VICIOSO. NÃO SÓ ISSO, DEVE-SE ROMPER COM AS VELHAS IDEOLOGIAS ARCAICAS DE MISOGINIA, RACISMO E INFERIORIZA��O QUE VEM DEFRONTE COM ESSE TRABALHO TÃO DIGNO.
THE PRESENT RESEARCH, ENTITLED "ANTISOCIAL PERSONALITY DISORDER: ON THE (IN)EFFICACY OF LEGAL-PENAL CONSEQUENCES", AIMED TO BRING A CRITICAL ANALYSIS ABOUT THE CRIMINAL SANCTION IMPOSED ON THE CRIMINAL DIAGNOSED WITH ANTISOCIAL PERSONALITY DISORDER (ASPD) UNDER THE PUNITIVE, PREVENTIVE NATURE AND PEDAGOGY OF PUNISHMENT. THE TOPIC ADDRESSED IS JUSTIFIED BECAUSE, IN LINE WITH THE FIELD RESEARCH PRESENTED, THE CITIZEN'S DISSATISFACTION WITH THE STATE'S PERFORMANCE WAS MEASURED, AS WELL AS THE CASE STUDIES SHOWED THE INEFFECTIVENESS OF THE MEASURES ADOPTED. THIS SCENARIO POINTS TO THE NEED FOR THE LEGISLATURE TO CREATE A SPECIFIC LAW, IN VIEW OF THE JUS PUNIENDI (DIREITO DE PUNIR DO ESTADO), WITH THE AIM OF GUARANTEEING SOCIAL PACIFICATION. IN VIEW OF THE ABOVE, THE METHODOLOGY USED WAS BIBLIOGRAPHIC RESEARCH IN LITERARY AND DIGITAL WORKS, QUALITATIVE ANALYSIS OF LAWS AND FIELD RESEARCH. AMONG THE FINDINGS OF THE ARTICLE ELSEWHERE, WE HIGHLIGHT THE DIFFICULTY IN ESTABLISHING AN EFFECTIVE CORRECTION/TREATMENT IN VIEW OF THE PECULIARITIES OF THE DISORDER AND THE AGENT'S IMPUTABILITY.
THE REASONABLE DURATION OF THE PROCESS AND THE LEGAL SECURITY IN THE MONOCRATIC DECISIONS IN FSC: ANALYSIS OF THE CASE ANDRÉ DO RAP
THE PRESENT WORK AIMED TO UNDERSTAND HOW THE HISTORICAL PROCESS OF CAR, INFLUENCES THE ENVIRONMENT AND RURAL PROPERTY, UNDERSTANDING ITS NEED AND IMPORTANCE IN RELATION TO THE ENVIRONMENT OF RURAL PROPERTIES. THIS RAISES THE FOLLOWING QUESTION AS A PROBLEM: HOW DOES THE HISTORICAL PROCESS MAKE US UNDERSTAND THE LEGAL PERSPECTIVES IN CAR? THE ISSUE IS RELEVANT BECAUSE IT IS A MATTER THAT GUARANTEES RIGHTS FOR RURAL OWNERS WHO OFTEN DO NOT KNOW THE IMPORTANCE OF BEING IN DAYS WITH THE ENVIRONMENTAL REGULATIONS REQUIRED BY THE NEW BRAZILIAN FOREST CODE. FOR THE DEVELOPMENT OF THE SAME THE BIBLIOGRAPHIC RESEARCH WAS CARRIED OUT BECAUSE IT IS THE ONE THAT BEST MEETS THE NEED OF THE STUDY. IT CAN BE OBSERVED THAT THE HISTORICAL PROCESS OF THE FORMATION OF LANDS AND PROPERTIES IN BRAZIL WAS NOT CONCERNED WITH THE QUALITY OF THE ENVIRONMENT, CONSEQUENTLY IT WAS NECESSARY TO ESTABLISH LAWS AND NORMS THAT WOULD BETTER MEET THE NEEDS OF THE OWNERS AS WELL AS THE COMMON GOOD.
LEI DE PROTEÇO DE DADOS Nº 13.709/2018: LGPD E O DIREITO À€ PRIVACIDADE NA ERA INFORMACIONAL
THE PRESENTE RESEARCH SEEKS TO ANALYZE THE TECHNOLOGICAL ADVANCE OVER THE YEARS IN CONSONANCE WITH THE INDIVIDUAL�€™S RIGHT TO PRIVACY. IT SEEKS TO ANSWER THE FOLLOWING QUESTIONS: WHAT DOES THE BRAZILIAN LEGISLATION SAY ABOUT THE RIGHT TO PRIVACY? WHAT IS THE CORRELATION BETWEEN THE RIGHT TO PRIVACY AND THE PROTECTION OF THE INDIVIDUAL'S DATA? WHAT RIGHT DOES THE INDIVIDUAL HAVE WITHIN THE DATA PROTECTION LAW? THE OBJECTIVE IS TO ANALYZE THE EFFECTIVENESS OF THE LAW, HIGHLIGHTING THE TREATMENT OF SENSITIVE AND NON- SENSITIVE DATA OF INDIVIDUALS, ALSO ADDRESSING THE DATA OF CHILDREN AND ADOLESCENTS IN THE PERIOD OF THE SARC-COV-2 PANDEMIC. THE PRESENT ARTICLE IS A DESCRIPTIVE RESEARCH, ADOPTING THE METHODOLOGY OF BIBLIOGRAPHIC AND DOCUMENTAL RESEARCH WITH A DESCRIPTIVE LINE, WITH EXPLORATORY OBJECTIVES. IN THE FIRST TOPIC, A HISTORICAL OVERVIEW WAS MADE THAT ALLOWS THE READER TO UNDERSTAND THE EMERGENCE OF THE NOMENCLATURE "RIGHT TO PRIVACY" AND ITS ADAPTATIONS DURING THE COURSE OF TECHNOLOGICAL EVOLUTION. IN THE SECOND TOPIC, WE SOUGHT TO CORRELATE THE RIGHT TO PRIVACY DEFINED AS A FUNDAMENTAL RIGHT IN RELATION TO THE PROTECTION OF DATA WITHIN THE INFORMATION TECHNOLOGY SPHERE. AND FINALLY,&NBSP; IN THE THIRD TOPIC A PENETRATING APPROACH WAS MADE TO THE GENERAL LAW OF DATA PROTECTION DEALING WITH THE TREATMENT OF DATA, AS WELL AS THE RIGHTS OF INDIVIDUALS; THOSE RESPONSIBLE FOR THIS TREATMENT AND THEIR RESPONSIBILITIES; THE TREATMENT OF CHILDREN'S AND ADOLESCENTS' DATA AND A SUBTOPIC ON THE ADVANCES IN THE FACE OF LGPD. AS A RESULT, THE RESEARCH BROUGHT THE RIGHTS OF INDIVIDUALS WITHIN THE TECHNOLOGICAL ENVIRONMENT AS WELL AS THE DUTIES INHERENT TO THOSE RESPONSIBLE FOR THE INDIVIDUAL'S DATA.