The present research addresses the development of the Judiciary under the prism of the Open Justice governance model, aligned with the indicators and goals of the Agenda 2030. The rise of Information and Communication Technologies (ICTs) has generated profound transformations in society, significantly impacting everyday interactions and institutions at all levels. One of the most important aspects of these changes is the transformation of governments and interactions between public bodies and society. The creation of the Open Government initiative underscores the importance of transparency, citizen participation, and accountability in the management of public resources. This approach has direct implications for the Judiciary, which must adapt to the principles of Open Government and SDG 16, promoting access to justice and strengthening democratic institutions, aligning with the tenets of Open Justice. The problem of this work consists of analyzing which measures Brazil, which ended the year 2022 with a significant accumulation of ongoing cases, should adopt to seek solutions that reduce litigation, shorten processing times, enable increased transparency, and consequently improve access to justice, promoting the strengthening of the Judiciary as a whole. The justification, social relevance, and contemporaneity of the topic are evident, highlighting the pressing need to address and confront the challenges present in the judicial system. Thus, the objective of this work is to investigate the development of the Judiciary through the Open Justice movement in Brazil, relating it to the fulfillment of the goals established by SDG 16 and Agenda 2030. Through a theoretical and constitutional approach, the normative and institutional context of Open Justice in the country is examined. Using primary and secondary sources, the research analyzes the initiatives of the National Council of Justice (CNJ) and their impacts on the Brazilian judicial system. As results, we verify the implementation of several innovations and improvements, particularly due to the implementation of the Justice 4.0 Program and Agenda 2030 by the CNJ. However, the Judiciary increasingly faces the challenge of the growing backlog of ongoing cases, especially due to the obstacles encountered in the execution phase. Although electronic processes and new technological tools have helped shorten case duration, there is still ample room for advancement in this regard.

Judicial routines in recent years have seen a major paradigm shift with regard to the practices of procedural acts, especially within a new system of organization and handling of procedural notebooks, previously constituted in physical records, which were gradually digitized due to the implementation electronic judicial process throughout the country, conditioning the filing of new legal actions electronically. To a certain extent, this represented an advance for the national Judiciary from the point of view of complying with the constitutional principles of publicity and efficiency, as access to procedural consultation and the carrying out of judicial activities in the virtual process were facilitated. However, this technological and procedural advance, aligned with the Digital Government Strategy, also contributed to the possibility of unauthorized sharing of personal information, which is protected by the fundamental right to protect personal data. From an applied research, with a qualitative approach, exploratory objective and bibliographical and documentary review, as a technical-methodological procedure, an outline was made of the principle of publicity of procedural acts and their limitations to examine, as a problematic, how the electronic judicial process will guarantee compliance with this principle in light of the applicability of the General Personal Data Protection Law (LGPD), through analysis of correlated regulations, notably the LGPD, the Federal Constitution of 1988, Resolutions of the National Council of Justice (CNJ) and other infra-constitutional laws, under the scope of Constitutional Law and Procedural Law. Faced with the current challenges arising from technological evolution and the means available for its use, in the field of procedural consultation in the Judiciary, it was possible to identify gaps in the legal system related to the protection of personal data, requiring more attentive legal regulation in this regard , a since it is concluded that there is susceptibility regarding the security of personal data in the use of the “Electronic Judicial Process ( PJe )” system used by the CNJ, in view of its adequacy to the LGPD and compliance with the constitutional principles of publicity of procedural acts and the protection of personal data.

Within a Law Abiding Democratic State public administration is subject to both internal and external controls that may apply to certain acts or, more broadly speaking, impact on the whole activity of a given authority or on public policies as well. The act ivities of law enforcement public security authorities holding police power given their typical monopoly of the lawful use of force and interference on fundamental rights ––, are subject to permanent controls, including a specific external one constitutionally assigned to the Public Prosecutor’s Office. This study examines the various controls affecting those activities and to what extent are the rules of interpretation of pu blic law provided under the Law of Introduction to the Rules of Brazilian Law, inserted by law 13.655/2018, applicable. To this end, applied research methodology has been used with a qualitative approach, exploratory aim, and bibliographical and court prec edents review. Its outcome is expected to contribute toward a better understanding of the control of police activity in its several modalities, as to its legal grounds, objectives, restraints, and capabilities and, above all, toward increasing legal certai nty.

The inconsistencies in the Brazilian State's compliance with the United Nations Convention against Corruption (Merida Convention) can be analyzed through a critical examination of the divergences between Brazil's legal and legislative practices and, even more so, the commitments assumed through this international agreement. In this context, issues related to the intrinsic challenges of the national legal and political system are addressed, as well as the demands for more integral and transparent governance, further specifying the theme. Thus, it becomes evident that the problem of the theme revolves around the following question: how can Brazil overcome these inconsistencies to effectively comply with the Mérida Convention? The study of the chosen theme is important because it has significant consequences for the social, economic, and legal reality of the country, highlighting the need to improve the fight against corruption and strengthen governance. Among the difficulties pointed out, the objective is to uncover the existing incongruities and identify viable paths to eliminate these discrepancies, thereby reinforcing the efforts to combat corruption within the national territory. As methodological procedures applied research is used, with an inductive method, theoretical type, exploratory and descriptive objectives, qualitative approach, and bibliographic and documentary technical procedure. It is concluded that it is essential for Brazil to overcome inconsistencies and effectively comply with the Mérida Convention by adopting strategic measures and structural reforms, involving the strengthening of international cooperation mechanisms, improvement of mutual legal assistance processes in criminal matters and extradition, promotion of efforts integration in tracking and recovering illicit assets, and carrying out legislative reforms that align national legislation with the international standards established conventionally.

The Federal Constitution of 1988 privileged the entry of personnel to engage in professional ties with the Public Administration through prior approval in public tender. However, administrative routine is still guided by patrimonialist practices, resulting in the circumvention of the principle of public tender for personnel admission in various entities, necessitating the intervention of oversight bodies to enforce the constitutional mandate on the matter. Among these institutions, the Courts of Auditors stand out, holding competencies aimed at auditing accounting, budgetary, financial, operational, and patrimonial matters, listed in article 71 of the current Federal Constitution. These bodies have been directly involved in controlling the personnel management of the Public Administration, including monitoring compliance with the public tender principle. Given this scenario, this research raises questions regarding how the competencies conferred by the Federal Constitution to the Audit Courts can be used to protect public tender. To reach an answer, an analysis was carried out using the hypothetical-deductive method, involving bibliographical and documentary research techniques, focusing on doctrine related to the subjects and on national and local norms, as well as the jurisprudence of the Constitutional Court and Brazilian Courts of Auditors, in order to, first, contextualize the scenario of the constitutional mandate of the primacy of public tender in a Public Administration still under an incomplete bureaucratic model; then, identify aspects necessary for understanding the functions and scope of external control exercised by the Courts of Auditors; and, finally, examine how the constitutional competencies of the Courts of Auditors fit into the context of protecting the principle of public tender. In conclusion, it is observed that, considering the current constitutional, normative, and jurisprudential parameters, the Audit Courts play a fundamental role in guaranteeing the fundamental right to broad access to public positions, jobs, and functions due to their various forms and possibilities of action.

The Dívida Ativa numbers reveal that the largest portion belongs to a small group of persistent debtors that contrast with the volume of accumulated debts and its prolonged relationship with the tax default. Dealing with the research on this concrete data and reflecting on its implications, it can be said that this chart represents damage to the public system from a civil, budgetary and economic perspective, demand ing, for a neutralizing effect, legal protection of a higher density compared to existing today. Through a hypothetical and inductive logical inference initiated from a descriptive analysis of the nonconformity studied, although the purpose of combating th e acculturation process of the habitual debtor through the legal route of establishing sanctions is valid, it is challenged to examine how and to what extent Economic Law, more specifically the economic analysis of Law, can contribute to reversing the grow th trend in the volume of stored debts. It is argued that there is a set of tools that can greatly assist in this perspective based on a reinterpretation of the non existence of fiscal secrecy for debts registered in the Dívida Ativa, greater exploration o f the principle of publicity and the use of powers inherent to administrative activity. The dissertation comprises an introduction covering the object, general and specific objectives, the problem, the research methodology used and the basic theory that su pports the proposals formulated. Then, there is the substantiation distributed in chapters dealing with the contact surfaces of the research objectives with various categories and legal implications involved in the analysis. Finally, a conclusion with the presentation of samples of proposals with concrete effects of how, based on the legal substrate presented, it is argued that it is possible to reverse the progressiveness of the debt line studied.

The tax transaction consists of an instrument to enable the extinction of the tax credit, through mutual concessions, with conditions authorized by law. The National Tax Code in art. 156, inc. III, foresees the transaction as a method of extinguishing the tax credit. In article 171, sole paragraph, of the National Tax Code, it is mentioned that tax transactions must be regulated by specific legislation. The problem consists of analyzing the Brazilian legal context of the institute of tax transactions, since the regulation of the transaction has exceeded more than 50 (fifty) years without its own legal provision, as a result of the doctrinal construction of the supremacy of the public interest and unavailability of tax credit as factors which made the exercise of the tax transaction unfeasible. In contrast, with the promulgation of Provisional Measure No. 899/2019 and the validity of Law No. 13,988/2020, the theme of transaction and the State's concern in adopting mechanisms that provide greater efficiency in the exercise of tax collection, as well as adoption the peaceful resolution of conflicts. The central objective seeks to examine the tax transaction institute in light of the constitutional principles of the supremacy of the public interest and efficiency, under the aegis of Law No. 13,988/2020. The methodology consists of using hypothetical-deductive methods, as well as bibliographical methods of a documentary nature, seeking to analyze the doctrine, jurisprudence and legislation on tax transactions, as well as statistical analysis of tax executions in Brazil. In the end, we seek to analyze the problems in the practical exercise of the tax transaction, as well as the advances in the tax transaction institute for the Constitutional Economic Order.

This work reflects on the Simples Nacional, as a unified special regime for the collection of taxes and contributions owed by microenterprises and small businesses, and the potential impacts arising from the recent tax reform implemented by Constitutional Amendment No. 132/2023. One of the guiding pillars of the tax reform is the pursuit of simplifying the national tax system, which aims to be achieved through the creation of the VAT (Value Added Tax), composed of the IBS (Tax on Goods and Services) and CBS (Contribution on Goods and Services), replacing five currently existing consumption taxes: ICMS, ISS, PIS, Cofins, and IPI. Another pillar of the reform is the neutrality of the tax burden, resulting from the non-cumulative technique, which allows for the crediting of taxes paid on the acquisition of goods and services in the previous stage of the production chain. However, Constitutional Amendment No. 132/2023 stipulates that Simples Nacional optants can only benefit from the non-cumulativity of taxes if they choose to pay the IBS and CBS outside the simplified unified regime. Thus, this work aims to analyze whether the adoption of a hybrid tax regime by micro and small businesses respects the principles outlined in Brazil's Economic Constitution, especially those of preferential treatment for small businesses and free competition. To achieve this goal, bibliographic research, jurisprudence, and legislation were conducted using the deductive method and qualitative approach. It was concluded that the system outlined by the reform may increase compliance costs for Simples Nacional optants, conflicting with the principles of the Constitutional Economic Order.

The text of the Constitution states that one of the foundations of the Federative Republic of Brazil is free competition, defining a set of requirements and objectives that must be guaranteed by the State so that there is a market that promotes fair competition. A country that legally values freedom promotes barriers for women to enter the market. Through the integration proposed by free competition, the entry of women into the job market is discussed as a guarantee of development, using legal mechanisms and public policies to promote market balance and achieve the goals established in the Federal Constitution 1988. The objective is to expand legal mechanisms and national policies to allow women to enter the job market, from the perspective of free competition, contributing to national development. Finally, data collection was carried out, analyzed from the perspective of the constitutional text, plus bibliographical consultations to understand the current state that the country finds itself in from a legal perspective. It can be concluded that the objective of balancing the labor market is still a distant reality, Brazil is developing late. It appears that free competition is an instrument for promoting national development, the introduction of women into the job market significantly expands the set of available skills and talents. This, in turn, promotes innovation, productivity and competitiveness in the economy.

Democratic city management, based on popular participation, assumes a series of interdisciplinary relationships aimed at guaranteeing the right to sustainable and intelligent cities that depend on the supply of natural resources, especially water and energy. In this sense, the question arose as to whether it was possible to concretely measure the legal effectiveness of popular participation from the perspective of natural resources in the process of drawing up or reviewing master plans. In light of the above, the general objective of this work is to discuss the democratic management of the city from the perspective of the legal effectiveness of popular participation in the master plan with regard to natural resources. The specific objectives are as follows: to understand the meaning of the right to the city in the context of sustainable and intelligent cities from the international legal order; to discuss the normativity of the SDGs for Brazilian cities from a constitutional perspective; to understand the relationship between the democratic management of sustainable and intelligent cities and natural water and energy resources; to investigate ways of evaluating the legal effectiveness of popular participation in natural water and energy resources in the master plan; to evaluate the Master Plan of the Municipality of Natal resulting from the last review process, through the application of the instrument developed. In order to develop the unfolding of the context addressed, the case study methodology was proposed, analyzing the latest revision process of the Master Plan for the Municipality of Natal and its participatory processes from the perspective of natural resources, based on the Plan-Process-Results (PPR) method, enriching the bibliographic and documentary review basis of the research with more details throughout each chapter. The need to meet the aforementioned objectives is based on the importance of the Democratic Rule of Law and the principle of sustainability in tackling urban problems related to the exhaustion of natural resources essential for human life. In view of the above, the results obtained from the application of the Index of Effectiveness of Popular Participation on Natural Resources (IEPOP-RN) showed a concrete scenario of weaknesses according to the delimitations proposed in this research, which require the strengthening of democratic spaces with the appropriate use of Information and Communication Technologies (ICTs) and openings to other perspectives and solutions in terms of urban sustainability.

The Right to Education is widely disseminated in our society, where children and adolescents must be in school. However, the population with disabilities often does not have adequate conditions to attend this environment, as in addition to deficiencies in the physical structure, there is also a shortage of trained professionals to receive them. This dissertation aims to analyze Public Civil Action no. 008/2017 filed by the Public Defender's Office of the State of Rio Grande do Norte against the Municipality of Natal/RN, after receiving complaints from several parents, seeking to guarantee the presence of the Assistant Teacher/Pedagogical Support Professional and the School Support Professional for students with disabilities who need them. The research investigates whether the interpretation made of the theme by the 2nd Court of Children and Youth of the District of Natal, and later by the Court of Justice of Rio Grande do Norte, fits with what is set out in the legislation on the Right to Education and protection of Persons with Disability, as well as whether the perspective adopted establishes the parameters of equity and construction of an inclusive society. To this end, the inductive method was applied as an approach, in addition to indirect observation and extensive direct observation as a research technique, carrying out bibliographical research, case study and content analysis. Initially, a historical survey was carried out regarding the evolution of legislation that supports the Right to Education and Persons with Disabilities (PWD) until understanding the guarantees that currently exist, in light of the Federal Constitution (CF/1988), the Child Statute and Adolescents (ECA), and the Brazilian Law for the Inclusion of Persons with Disabilities, also known as the Statute of Persons with Disabilities – National Law nº 13,146/2015. Afterwards, it was necessary to analyze the theoretical assumptions that guarantee this special protection, and a dialogue with Psychology and Pedagogy, in order to understand the role played by the Assistant Teacher and the School Support Professional within the school with the student. who have different educational needs. Furthermore, the specific case was analyzed, the Public Civil Action (ACP) itself, and how its preparation developed, arguments used and its judgment both in the sentence and in the formation of the ruling. Finally, a perspective of an inclusive society was demonstrated, with adequate professional support for the individual's observance in the biopsychosocial sphere.

Globalization has created an environment conducive to the sharing and diffusion of increasingly organized and profitable criminal practices. The pursuit of profit, manifested in the acquisition and transfer of assets, has become a focal point in international criminal policy. In response to this reality, the global prohibition regime has established international mechanisms for monitoring, blocking, and confiscating these assets. Integrated into this international web, this study sought to assess how the Brazilian state operates to reconcile domestic law with the asset-related aspect of the international crime-fighting policy. Based on the analysis of judgments from the International Court of Justice, Inter-American Court of Human Rights, and European Court of Human Rights, revealed no incompatibility between the global prohibition regime and the protection of human rights. It also disclosed an interdependence between the global prohibition regime, positive conventional criminal obligations, and the protection of human rights. Finally, it was observed that there has been a significant advancement in Brazilian law regarding the admission of international legal cooperation in criminal matters, as well as the introduction of legal mechanisms authorizing the seizure and confiscation of assets related to crime. Legislative changes and a relaxation of sovereigntist positions in jurisprudence have created a favorable environment for optimizing criminal prosecution within the scope of passive legal cooperation.

This work aims to show the flexibility of the working day in unhealthy environment in the light of labor reform, delimited by the constitutional perspective. The legal predictability of allowing the dilation of labor in unhealthy places was carefully analyzed, considering the rights of workers in the constitutional, infraconstitutional order, international pacts and principles. The research aimed to understand the evolution of social rights in contemporary times and their legal grounds, a legal nature of labor rights, directed to the flexibility and deregulation of labor relations, extending to a comparative law scope. It developed by analyzing some points of the labor reform under the aegis of legal certainty, which revealed the setbacks caused by excess labor in environments diagnosed as unhealthy, asking a list of violated principles. Further on, it was the dignity of the human person concomitant with labor protection from the perspective of the International Labor Organization - ILO, punctuating the social setback and the impacts on social security, ending with the guaranteeing mechanisms of labor rights on contextualized prism of the legislative process, jurisprudence and popular performance. In research, the legal inductive method and the methodology with qualitative approach, through bibliographic, jurisprudential and theoretical studies, was used, bringing as analysis the legislation, international treaties, doctrinal and jurisprudential understanding of some of the institutes, with the scope of developing the objectives of the theme presented. With the above, the violations relevant to the rights of workers, constitutional, infraconstitutional, international agreements and in the principle order, capable of resulting in various affronts, were demonstrated.

The violence against Brazilian women has ranked Brazil in the fifth position of countries that kill the most women in the world, even though it has made commitments based on the American Convention on Human Rights (ACHR) and the Inter-American Convention on the Prevention, Punishment and Eradication of Violence against Women. In this context, as a result of the Maria da Penha case, it was observed that once the recommended measures given to Brazil by the Inter-American Commission on Human Rights (IACHR) were applied nationally, they were able to reduce the rate of femicides, but on the other hand, the rate of feminicides practiced against black Brazilian women increased. In view of this, the present study has the general objective of identifying the possible deficiency in the public policies adopted in the fight against violence against Brazilian women, with emphasis on black women, that are causing this result. To this end, an ex-post facto bibliographic research was made, in a qualitative-quantitative approach, of an applied nature and explanatory objective. This method led to the conclusion that there is a need to adopt specific public policies to combat violence against black Brazilian women, who are understood as triply discriminated against.

Traditional Telecommunications Sectors and over-the-top (OTT) applications have, in recent decades, altered the way social interactions occur, given that economic markets are constantly fluctuating to encompass both scenarios concurrently. In this context, issues related to national regulatory dynamics will be addressed, in light of the challenges posed by the integration and competition between traditional telecommunications services and OTT applications. Thus, it is evident that the problem of the theme revolves around the following question: how can the Brazilian telecommunications regulatory system adapt to balance the interests of traditional telecommunications sectors and OTT applications, ensuring market competitiveness, consumer protection, and promotion of technological innovation? The study of the chosen theme is important due to the relevance of research linked to the rapid technological evolution in the telecommunications sector and the significant impact of OTT services on the existing market structure. The research addresses a critical point in regulation, where the need to adapt existing policies to accommodate new technologies and business models is urgent. Furthermore, the work is justified by the timeliness and importance of these changes in the daily lives of consumers and in the Brazilian digital economy. Among the difficulties pointed out, the objective is to investigate how the Brazilian regulatory system can adjust to deal with the challenges presented by the coexistence and competition between traditional telecommunications sectors and OTT applications, aiming for effective regulation that promotes equity, innovation, and protection for consumers and the market. As methodological procedures applied research with a qualitative approach is used. The deductive method will be used, as it will analyze general aspects to address specific subjects. It has an exploratory objective and a theoretical type. The technical procedure is bibliographic and documentary. In conclusion, on this topic, issues related to regulation become more frequent, considering the alteration of quality and efficiency parameters that digital platforms are providing to telecommunications service users, in the face of market giants that are constantly shaping their practices in the face of the expansion of online means. On the other hand, the interaction between traditional telecommunications sectors and OTT applications can be seen from the Brazilian regulatory perspective, which, despite the existing gaps in domestic legislation, there are studies carried out in other nations on the topic that can be, based on admissibility in Brazilian sovereignty, applied at the national level, to encourage a competitive and fair environment in maintaining the market.

Conflicts are common in the history of humanity, especially when they involve a dispute over natural resources and various actors. In this case, there is a socio-environmental conflict. Being a space with natural, economic, and cultural riches, the Coastal Zone is a stage for socio-environmental conflicts, especially on its shore, involving various activities and groups, such as traditional artisanal fishing communities. On the Southern Coast of Rio Grande do Norte, the challenges are significant in this regard. Furthermore, there is an increasing concern today to think about alternatives that seek sustainable development and popular participation. The coastal management tool of the Integrated Management Plan and the Orla Project can be understood in light of this context. Given this, the question arises: in the face of the scenario of socio-environmental conflicts that encompass the traditional population of artisanal fishing on the Southern Coast of the RN Coastal Zone, what are the potentialities of using the methodology of the Orla Project, with its respective Integrated Management Plan, to achieve sustainable development and popular participation in this space? The general objective of this dissertation is to analyze the socio-environmental conflicts involving traditional artisanal fishing communities on the Southern Coast of the RN Coastal Zone and the potentialities of implementing the Orla Project methodology to achieve sustainable development and the principle of popular participation. Regarding the methodology, it is a qualitative, theoretical research, whose method is deductive, being developed under an exploratory and descriptive modality. Specifically regarding technical procedures, bibliographic, legislative, and documentary research is used. The present study is justified due to its social relevance and timeliness, as the topic has been inserted in the 2030 Agenda for Sustainable Development. As for the results, it was verified that the complete methodology of the Orla Project, through its integration with other instruments and articulation between public policies, fulfils the social, economic, environmental, spatial, political, and institutional dimensions of sustainable development in the Southern Coast diagnosis. Furthermore, it achieves the pillars of the principle of popular participation. Therefore, the Orla Project should be increasingly stimulated by the Public Power, thus, actions can be adopted aiming at the management or minimization of these conflicts with the participation of the community and vulnerable groups such as fishermen.

The conventionality control mechanism is a process that checks the compliance of domestic laws with international Human Rights norms. This mechanism seeks to ensure that national legislation is aligned with international commitments, especially regarding human rights. In Brazil, the conventionality control gained importance with the jurisprudence of the Supreme Federal Court (STF) and Constitutional Amendment No. 45/04, which granted constitutional status to international Human Rights treaties. This process is essential for the protection of fundamental workers' rights, as established by international and regional norms, including the conventions of the International Labour Organization (ILO). However, this leads to a significant research question: what was the role of the Brazilian Legislative Power in exercising preventive conventionality control during the approval process of the 2017 labor reform, and to what extent did this control seek to align the proposed legislative changes with Brazil's international commitments related to workers' rights? As a hypothesis, it is initially considered that there are indications that the Brazilian Legislative Power exercised preventive conventionality control during the approval process of the 2017 labor reform, seeking to ensure that the legislative changes were in line with Brazil's international commitments regarding workers' rights. However, the effectiveness and scope of this control may vary, requiring a detailed examination to assess its effectiveness in protecting labor rights in the context of the reform. The general objective is to investigate whether, during the processing of the said reform, such control was applied by the Brazilian Legislature. This examination is essential to understand how Brazil, as a State party to various international human rights treaties, integrates these commitments into its domestic legal order, especially in sensitive areas such as social and labor rights. As methodological procedures for the investigation of the preventive conventionality control applied by the Brazilian National Congress to the 2017 labor reform, a methodology that uses basic nature research, theoretical type, qualitative approach, deductive method, descriptive objective, and bibliographic and documentary technical procedure is adopted, based on the sociological method of interpreting the Law. The justification for this study lies in the importance of evaluating the Legislative Power's respect for international law and ensuring the compliance of national laws with the country's commitments. The results point to a gap in the exercise of conventionality control by the Legislative Power, compromising the compliance of legislative changes with the country's international commitments. Thus, in conclusion, the need for more robust mechanisms and more transparent legislative processes to ensure Brazil's adherence to its international obligations and reinforce the protection of workers' rights is highlighted, contributing to the legitimization of laws in a democratic society and strengthening Brazil's international reputation as a defender of human rights.

The non-criminal prosecution agreement – ANPP, predicted in the art. 28-A of Code
of Criminal Procedure, expanded the application of negotiated criminal justice in
Brazil. The discussions about the application of the institute were converted into
jurisprudential divergences at Superior Tribunal de Justiça and Supremo Tribunal
Federal, especially regarding the retroactive application of the institute. The research
had as its main objective check whether ANPP should be applied to process in
progress at the time the new law prevails. The main objective was divided into for
specific objectives: delimit the constitutional interpretation of the ANPP; describe the
retroactivity regime for the norms provided for in the Constitution; analyze the
concepts of perfect legal act, subjective law and the immediate application of norms;
and analyze STJ and STF judgments on the retroactive application of the ANPP.
Aiming at the objectives presented adopted a bibliographical review and case study
were carried out using the hypothetical-deductive method. Along these lines, the
research identified that the Brazilian criminal process has its own rules for negotiated
criminal justice, based on art. 98, I, of Constitution. In the field of retroactivity of
mixed criminal procedural rules, that is, that contains material and procedural
content, the STF's binding interpretation was identified by retroactivity, in
concentrated control of constitutionality, according to art. 5o, XL, of Constitution. The
interpretation is congruent, in comparative analysis, with the understanding of the
Italian Constitutional Court, when he judged a similar institute. However, the
interpretation of the retroactivity of the ANPP was the subject of jurisprudential
divergences in the STJ and the STF, that differ from the previous understanding. In
terms of final considerations, the research concludes that jurisprudential divergences,
which point to a change in understanding about the retroactivity of mixed criminal
procedural norms, derive from the interpretation of the ANPP outside the
constitutional parameter in the material and procedural aspect.

The unconstitutional state of affairs, structural process institute created by the Constitutional Court of Colombia, was cited for the first time by the Federal Supreme Court in a decision given on the ADPF 347/DF, and from now on, it is mentioned by the Court on structural processes. Not rarely, the conduct of structural processes by the Federal Supreme Court is criticized based on the decisions given on the ADPF 45 and on ADPF 347/DF. Recently, the Federal Supreme Court cited the meaningful engagement, created by the Constitutional Court of South Africa, as an alternative to the Colombian institute, which is a target of criticism for violating the principle of separation of powers. Given this scenario, the general objective of this work is to ascertain if the unconstitutional state of affairs and the meaningful engagement could be transposed to Brazilian law and if this transposition is really necessary. Observing that the decisions of the ADPF 45 and the ADPF 347/DF were given 20 and 9 years ago, respectively, the hypothesis of this work is the current adoption of a procedure by the Federal Supreme Court capable of safeguarding the federative pact within the scope of structural processes and the unnecessary applications of foreign institutes in Brazil. To investigate this hypothesis, it's important to talk briefly about the political organization and the Judicial Power of South Africa and Colombia to identify the existence of elements that could justify the transposition of the structural processes institutes to Brazil or the impossibility of the transposition. The general aspects of the structural processes and specifics of the unconstitutional state of affairs and the meaningful engagement will be studied, including paradigm decisions given on structural processes in Colombia and South Africa, aiming to analyze the evolution of the institutes over time, as well as the decisions that the Federal Supreme Court mentions the institutes. Beyond this decisions, where the federal supreme court cites the institutes, the current conduction on structural processes will be studied through the analysis of the Theme 1234 of General Repercussion, which is about to be taken to judgment in the plenary, and the Theme 698, that was recently judged. The research will be bibliographic, descriptive and exemplary; as for the approach, it will be mostly qualitative ad; as far the nature is concerned, it will be theoretical. The unconstitutional state of affairs cannot be transposed into Brazilian law, as it is an institution that violates the separation of powers, being incongruous with the art. 60, § 4º, III, of the Federal Constitution. Although the meaningful engagement can be transposed, the Federal Supreme Court adopts in structural processes, such as Themes 1234, a procedure suitable for resolving structural problems by safeguarding the separation of powers, so that there is no need for the Federal Supreme Court to adopt a foreign institute. Yet, it is true that there’s not a homogeneity on the conduction of the structural processes within the scope of the Federal Supreme Court, causing the adoption of unsuitable procedures in some cases, a problem that could be settled with the regulamentation of the procedure to be adopted by the Federal Supreme Court on structural processes.

Domestic conventionality control, understood as that exercised by the States Parties to the Inter-American System for the Protection of Human Rights, has a lot to contribute to improving the Latin American Ius Constitutionale Commune (ICCAL). Such control is one of the main tools for the development of this regional transformative constitutionalism, insofar as the States Parties draw up shared parameters to deal with common problems experienced in the Latin American region. In this sense, the higher courts play a fundamental role in the exercise of domestic conventionality control, as they establish and develop the precedents and jurisprudence to be followed by judges and courts of first and second-degree jurisdiction. The question therefore arises: does how domestic conventionality control is exercised by the Brazilian Supreme Court conform to the model of conventionality control called for by ICCAL? It is based on the hypothesis that the domestic conventionality control exercised by the Brazilian Supreme Court is limited to the classic paradigm of conventionality control, permeated by strong statism, the invalidation of effects and its non-realization ex officio, rather than the model of domestic conventionality control in line with ICCAL, which is marked by the plurality of sources of law, the overcoming of the classic paradigm of State’s sovereignty, the declaration of ineffectiveness and its realization ex officio. Thus, this dissertation seeks to investigate the correspondence between the domestic conventionality control exercised by the Brazilian Supreme Court and the promotion of human rights proposed by ICCAL. To this end, it is necessary to achieve the following specific objectives: i) to address the general panorama of ICCAL; ii) to discuss the development of the theory of conventionality control; iii) to analyze how conventionality control is exercised by the Brazilian Supreme Court; and, iv) to understand the contributions and impulses of the Brazilian Supreme Court for the improvement of ICCAL. This is a qualitative study of a descriptive nature, carried out using the deductive method, through the procedural techniques of bibliographical research and content analysis of court decisions. The research is justified by the fact that this topic is directly related to with the National Pact of the Judiciary for Human Rights, with Recommendation 123/2022 of the National Council of Justice and Sustainable Development Goal nº 16 of the 2030 Agenda, which denote its topicality and social relevance. Through this scientific investigation, it was found that the Brazilian Supreme Court’s control of domestic conventionality still falls short of what is expected, mainly due to the disregard of precedents set by the Inter-American Court of Human Rights, such as in cases involving the Amnesty Law - for which the country has already been condemned twice by the Inter-American Court of Human Rights - and in cases where the criminal type of contempt was considered conventional.

The research investigates the role played by the woman-victim in the Brazilian criminal justice system, which is focused on the punishment of men involved in cases of domestic violence, with the victim occupying the position of supporting processes, which makes the criminal justice system obsolete, slow and revictimizing. The investigation aims to outline the historical context of the treatment of victims in Brazilian procedural legislation with a focus on the 1941 Criminal Procedure Code and its successive topical reforms. It analyzes the Maria da Penha Law (Law nº 11.340/2006) as the legal reference of the research and the advances in the sense of guaranteeing the active participation of the woman-victim in the criminal process. During the investigation, data were collected in cases that were being processed at the Domestic Violence Court of João Pessoa and that were randomly selected for the concentrated effort of August 2022 (Program Justice for peace at home), with the aim of investigating, in practice, what are the difficulties encountered in carrying out the active role of women-victims in the processes. There was a need to implement existing legal measures, such as reflective groups for men and legislative changes, such as the use of conditional suspension of proceedings and non-prosecution agreements for crimes under the Maria da Penha Law. It was proposed to change the ownership of criminal proceedings in crimes against honor committed against women in situations of domestic violence; as an effective response to break gender stereotypes and provide judgments with a gender perspective, realizing the constitutionally provided dignity and ensuring the necessary role for women victims of domestic violence in criminal proceedings.

In a circumstantial analysis that considers and weighs the principles expressly formalized in the caput of art. 37 of the Federal Constitution, as limits to the possibilities of interpretation of the law, in the molds of the Kelsenian theory of the frame of the rule, it is sought to demonstrate that the repressive action of the State, in the scope of administrative sanctioning law, lacks legitimacy when punishing conduct of a public agent that, formally inserted as an administrative illicit act, is shown, among the possibilities of interpretation of the rule and the weighing of values, in line with the constitutional principles of Public Administration. Under the postulates of reasonability and proportionality and in line with the guidelines of the new LINDB, by the provisions of its Article 22, the conduct of the public agent that, under the factual circumstances, observes the values of the Public Administration expressed in the caput of Article 37 of the Federal Constitution, even if formally considered as administrative illicit, should not be sanctioned, since such reprimand goes against the public interest. For this study, the hypothetical-deductive method was used and the legal-interpretative and legal-comparative investigations carried out are eminently theoretical. The theoretical study is supported by bibliographic and documentary research and visits to institutional sites, using as theoretical reference Hans Kelsen, Robert Alexy, Fábio Medina Osório and José Roberto Pimenta Oliveira. The conclusion is that the purpose of the administrative sanction should be, in last analysis, the achievement of public interest, which does not legitimize reprimand to a conduct that is inserted in the frame translated by the principles expressly provided in the caput of Article 37 of the Federal Constitution, as prescribed by article 22 of LINDB.

This dissertation deals with the theme of motivation of administrative acts. In this context, it will address issues related to the motivation of the administrative disciplinary sanction against the federal public servant as a fundamental right and the binding of the administrative state to this right to legitimize its disciplinary power. The difficulty in relation to the matter consists in the possibility of framing the motivation of the administrative disciplinary sanction against the federal public servant as a fundamental right that legitimizes the disciplinary power of the State-administration. The study of the theme is pertinent, since it comes from a legislative movement perpetrated in the sense of expanding the requirements of the justification of the decisions of the administrative, controlling and judicial spheres, aiming at increasing legal security and effectiveness in the application of Public Law, especially that of motivation, which returns to the legal debate as to its duty, requirements and legitimacy of its content. In this scenario, new requirements must be considered in the application of administrative disciplinary sanctions against federal public servants, especially the elements of motivation qualified by the Law of Introduction to the Rules of Brazilian Law. This research aims to make a formative evaluation regarding the motivation of the administrative disciplinary sanction against the federal public servant and its positioning as a fundamental right that legitimates the disciplinary power of the State-administration, going through the structuring of the legal-administrative disciplinary sanctioning regime, identification and description of the administrative disciplinary sanctioning processes, analysis of the decision that imposes the administrative disciplinary sanction against the federal public servant, examination of the principle of motivation, its requirements and the qualifiers introduced by the Law of Introduction to the Rules of Brazilian Law, and application of the three-dimensional theory of fundamental rights as a dogmatic category. As a methodological process, this is a research of applied nature, of practical type, with a qualitative approach to the problem and descriptive objective, with the purpose of presenting a formative evaluation on the theme, using, for this, the technical process of bibliographical research. It is concluded that the motivation of the administrative disciplinary sanction against the federal servant can be considered a fundamental right of the federal servant that legitimizes the disciplinary power of the State-administration, even though it is necessary to raise its positivization to the constitutional level.

This dissertation focuses on investigative studies related to the relationship between democracy as a scenario for the construction of a consensual profile to be adopted as an effective path for resolving disputes and decision-making processes, supported by Jürgen's theoretical constructs Habermas. In this context, issues related to the exhaustion of the adversarial model and the adoption of consensus as a potential path to be adopted as a mechanism for improving Public Administration are addressed. Thus, as a problem question to be answered, the following question is extracted: the construction of a model of procedural jurisdiction, based on consensus and cooperation, which ensures citizen participation in decision-making spheres, could be considered as a paradigm for realization of a consensual and democratic administration? The relevance of this question highlights the importance of the topic both in relation to the necessary contemporary debate about the pacification of conflicts in plural societies, as well as the consequences for the social, economic and legal reality, due to the pulsation of the resumption of dialogue at all levels of decision-making processes, as a contemporary demand, combined with a profile of legal responses to be built around such a problem. Among the difficulties pointed out, the objective is to investigate the phenomenon of litigiousness in the relationships in which the Public Administration is part and how the absence of a consensual action would lead to a low effectiveness in the resolution of conflicts and would become a factor of weakening the guarantees constitutionally guaranteed, as well as entailing a legitimation deficit in judicial and administrative decisions. As methodological procedures, research is used with a hypothetical-deductive method of approach, considering expectations and prior knowledge, to analyze its problem based on observational data, in order to then reach confirmation or refutation of the formulated hypotheses. Still under a methodological bias, the logical-deductive method is also used, with a technical procedure based on bibliographical and documental research, from the reading of scientific and periodical articles, as well as specific literary works on the subject. In addition, the research presents a theoretical type, a qualitative approach, a simple nature and a descriptive objective, since it proposes to carry out a diagnosis of a social legal scenario. It is concluded that the theme is foreseen in the very construction of constitutionalism, but still needs further studies to resolve the issues raised in the course of the research, however, it is certain that there is a need to overcome practical obstacles, such as updating legislation, the sedimentation of a consensual and cooperative culture in Public Administration and the Judiciary, as vectors for the densification of democratic participation, supported by a procedural model that favors dialogue in a deliberative arena.

Constant in all areas of knowledge, public policies find space in discussions where the state is involved as a promoter of economic and social development, beyond being a mere guarantor of individual liberties. In the legal field, the debate focuses, in a broad sense, on the possible contents that such policies take on, based on fundamental rights of constitutional origin. Based on this premise, this dissertation aims to delimit the concept of public policies based on the theory of the logical framework matrix, as a viable alternative to the summary description routinely employed in the approach to the subject at hand, especially in relation to the instrumental field of policy formation. To do so, the structure of public policies and their objective elements are examined, based on the logical framework methodology applied in scientific study and evaluation of public policies by various international organizations. The theoretical reference on public policies in general, developed in the context of Political Science, is used to delimit the subjective elements and intrinsic challenges to be faced for effective implementation. The right to the environment is used as a theoretical and practical foundation for the application of the theory undertaken, emphasizing the lack of environmental ethics as a determining factor for the success of the revered policy. The intention is not to limit the research to the relevant nature of environmental public policies, but to relate their structure in association with specific cycles of policies that prioritize the idea of sustainability, prescribing the historical apanage of the right to an ecologically balanced environment as a factual presupposition for policy formulation from an ecological perspective. This guiding thread allows, as argued in this dissertation, the identification of the legal regime and principles applicable to the species, as well as its function. The more specific function of the precautionary principle is emphasized, as well as the controversies resulting from its handling in the creation of environmental public policies, translated into the leading case brought before the Brazilian Supreme Court in the Extraordinary Appeal No. 627.189/SP. To achieve the desired scientific result, the hypothetical-deductive method was used, and the operationalization of this approach was developed through qualitative research, through the collection of bibliographic data, including legislation and documents from government websites, physical and digital books, as well as academic and scientific productions that are relevant to the proposed theme.

The Multiport Justice Theory can be defined as an alternative model of conflict resolution, which proposes to use different doors - or paths - for the purpose of resolving disputes, instead of being limited exclusively to the traditional judicial system. That said, it is extremely important for the interdisciplinary approach proposed in this dissertation, since one of the most varied forms in which it is manifested consists in the involvement of the Public Administration as a party in a given conflict. In this context, we address the issues concerning the philosophical aspects of freedom as a determining praxis for the promotion of consensus. This freedom must be intrinsic to the public sphere, given the concession of space for debate and the qualifying factor of deliberative democracy. In parallel, it is established the relationship between the models highlighted by Multiport Justice and the possibility of carrying out - or not - agreements by the Public Administration, in view of the obstacles posed by the principle of supremacy of the public interest and the principle of unavailability of the interest. Thus, it is evident that the problem of the Multi-door Justice Theory, underlying the possibility of accomplishment in the Public Administration, motivates the raising of the following question: supported by the understanding about the vast possibilities of the right to access to justice, from the multi-door theory, how should the access to justice occur in the public administration by means of self-composition? The study of the chosen theme, in turn, is relevant because it brings practical returns to the administrative legal system. This assertion will impact society as a whole, especially through the approach in the discussion of law operators, since they are juxtaposed to the administrative "counter". From this point of view, regarding the methodological procedures, it is licit to postulate the use of theoretical research, with a logical-deductive approach, a descriptive and exploratory objective, an applied nature and a bibliographical and documental technical procedure. Thus, we conclude that the theme has an interdisciplinary character, and that the discussion still reveals many challenges to be faced in the Brazilian panorama. In fact, one of the reasons is that, unfortunately, the country, marked by a litigious culture, becomes engendered through patrimonialism. Therefore, a change in thinking is required that permeates the field of education. Therefore, it is urgent to deepen the studies based on the resolution of such practical issues.

The basic premise of this research is to bring an analytical approach about the self-composition inherent in the Adequate Means of Conflict Resolution, within the judiciary, especially within the Federal Court. To this end, we will address, a priori, the relevant concepts of Access to Justice and self-composition, with a special focus on some guiding principles that support the theme, under the aegis of the idea of consensus in Jünger Habermas. The pretension for such discussion arises from the problematic in face of the determination inscribed in the procedural legislation in force, which, in turn, establishes the promotion of social pacification through these means, at any stage of the process. Therefore, the following speculation arises: Can such an assertion favor an assumption that limits and/or conditions the guarantee of access to justice? Can the use of self-composition in an inaugural manner - before the lawsuit - in the Judiciary bring any impact or reflexes to the social order, despite the effectiveness and the guarantee of access to rights? In order to solve these questions, this research uses a methodology of applied nature, descriptive and exploratory purpose, as well as bibliographic, documental and legislative procedures, since it goes deep into the modus operandis currently instituted by Laws 13115/2015 and 131440/2015, as well as Resolution 125/2010. In addition, both the statistical data extracted from the CNJ itself and the interpretations of the theoretical contributions are studied and analyzed. All this with the purpose of proposing a form of divergent applicability from what is provided, contributing academically and socially to a better promotion of the idea of consensus in a Habermasian view, and, consequently, to social pacification. Thus, it can be concluded that, despite the long time of the legislations in force supporting the matter, the Adequate Means of Conflict Resolution still present themselves as weak, deserving, in fact, to investigate the obstacles that make their proposition unfeasible, since it is a tool that contributes not only to a better jurisdictional provision, but also to the accomplishment of the access to justice in its fundamental right maxim. Therefore, this research is justified by the need to strengthen the debate on the possibility of a more incisive application of the self-compositive methods, in order to pursue a more effective access to rights.

The present study focuses on the collective protection of individual rights as an instrument of access to justice for workers. The massification of society's demands and the consequent multiplication of repetitive judicial processes submitted to the Judiciary imply an obstruction of the judicial machine, with consequences in the reasonable duration of the process and in legal security. Added to this, within the scope of labor relations, the imbalance between the parties to the material law relationship (employer and employee), the fear of retaliation by resorting to the Judiciary and the reforms resulting from Law n.º 13.467/2017 (Labor Reform ) constitute real disincentives to the individual search of the Judiciary, by employees, for the protection of their rights. Therefore, the collective protection of labor rights, based on legitimate collective entities, constitutes a means of access to effective, adequate and timely justice for workers. However, for the collective protection of individual rights to ensure all the constitutional procedural rights inherent to the collective due process of individual rights, enabling access to justice in its substantial perspective, it is necessary that the postulated rights are, in fact, collectively protected. Therefore, the following research problem is submitted to the present study: is the legal concept of homogeneous individual rights sufficient to admit their collective protection? If not, what are the necessary assumptions for the characterization of collectively protected individual rights? As a hypothesis, the legal concept of homogeneous individual rights, such as those arising from a “common origin” is lacking and insufficient for effective collective protection, requiring, in addition to “common origin”, the predominance of common issues on individual issues, so that a collective process suitable for the protection of these interests is ensured. The research has an inductive character, with the use of quantitative and qualitative methods, and uses the analysis of the case that motivated the present study as a substrate for the problem to be investigated. The case study has an instrumental character for the research and to it is added the bibliographic review, focusing on constitutional procedural law, and exploratory research on doctrine and jurisprudence. Along the research path, the conclusion reached confirms the hypothesis previously raised, that the legal concept of homogeneous individual rights is insufficient to characterize these rights to admit their collective protection, so that the prevalence of common questions over individual questions constitutes indispensable attribute to its characterization.

Covid-19 is a viral respiratory disease that has had a significant global impact, resulting in the death of hundreds of people around the world. In Brazil, the population had to face not only this unknown disease but also a battle between federal entities, becoming a central topic of debate. Federalism is a resilient democratic element that refers to the way power is shared among different entities within a specific territory. It is an ongoing process of improvement. However, Brazilian federalism has a centralizing aspect, as the supremacy of Union powers, as stated in the Federal Constitution, is evident, at the expense of the autonomy of states and municipalities. The Supreme Federal Court is the judicial body responsible for resolving issues related to conflicts of competence and for examining constitutional amendments to determine whether they compromise the essential core of federalism. The jurisprudence of the Supreme Court tends to centralize power around the Union, considered the sovereign entity, to the detriment of other federative entities. However, since the onset of the Covid-19 pandemic, the Supreme Court has been changing its jurisprudential interpretation regarding conflicts of competence among federative entities, adopting new perspectives on the subject based on arguments and foundations that reflect the current reality of Brazilian society. Therefore, it is necessary to analyze more deeply the decisions rendered by the Supreme Court regarding Covid-19-related competence conflicts, especially direct actions of unconstitutionality 6.341 and 6.343, as well as the foundations presented by the ministers to support their decisions. This analysis reveals the possibility of a reversal of the prevailing centralism, with decentralizing decisions that favor states and municipalities, going against the Union's will. The present research concludes that the decisions rendered were appropriate and in accordance with constitutional precepts. This assertion should be analyzed considering that, in terms of health, the federative system of cooperation reflects the preference of the constituent of 1988, with the distribution of administrative competences to all federative entities, based on the principle of the predominance of interest (art. 23) and the power to legislate concurrently. The Union is responsible only for issuing general rules, while states and municipalities have the prerogative to complement federal legislation (art. 24 and 30, II). To achieve the objectives of this research, a bibliographic survey of a doctrinal and jurisprudential nature will be conducted on the topic, as well as the study of specific cases, especially the judgment of direct actions of unconstitutionality 6.341/DF and 6.343/DF. The research methodology will employ the deductive method with an explanatory aim, using the aforementioned doctrine and primarily relying on the arguments presented by the ministers of the Supreme Court in the aforementioned judgments. A logical evaluation of the conclusions will be made based on argumentation theory, seeking to identify if this represents the beginning of a new model of more cooperative federation among the entities.

The research investigates the role of legal discourse in the rights of citizenship granted to sexual minorities described by the acronym LGBTQIAP+. Therefore, it develops the idea of culture as a foundation for theorizing about biological sex, gender identity, gender roles and sexual orientation, being responsible for creating a political, social and legal system that values people differently, based on neither such norms. characteristics. Consequently, people who differ from sexual norms are led to a locus of prejudice and abjection, from which acts of violence and deprivation of rights result. Furthermore, in recent decades, respect for diversity and the fight against intolerance have become challenges for International Human Rights Law. Therefore, the search for the effectiveness of the principle of equality and non-discrimination has been expanded, through international discussions, in order to discuss new interpretations for the international norms in force, and to list the legal assets that must be protected from discrimination. In this context, the role of the Inter-American Court of Human Rights stands out, the jurisdictional and advisory body that in recent years issued Advisory Opinion No. 24/2017, which interprets the provisions of the American Convention for the benefit of LGBTQIAP+ people, as well as issued five condemnatory sentences directed against different national States that demonstrably violate the rights of these minorities to dignified, equal treatment and free of discrimination, imposing on the violating States various forms of reparations and compensations with the aim of correcting culturally constructed social disparities. Based on this context, the following research problem is submitted to the present study: how the international normative frameworks for the protection of LGBTQIAP+ people and the jurisprudence of the Inter-American Court can influence the legal construction of the concept of sexual citizenship in the domestic sphere, so that it, doctrinally interfere with the compatibility of Brazilian norms and judicial decisions with the context of protection that has been built by the International Law of Human Rights? Thus, the present study is guided by the hypothetical deductive method, starting from the premise that international norms and judicial decisions contribute to the construction of a concept of sexual citizenship, which doctrinally must be used as a foundation for the interpretation and compatibility of norms of Brazilian law, as well as to support decisions made in the judicial and administrative spheres, with the aim of correcting culturally established disparities, encouraging the review and repair of human rights violations in the national territory and socially including historically marginalized groups. Furthermore, the auxiliary historical and statistical method were also used, with the aim of contextualizing the situation of LGBTQIAP+ people in Brazil, presenting statistical data on violent deaths in the last two decades. It is also concerned with presenting the historical normative construction of Human Rights and its evolution to legally protect individuals against discrimination motivated by sexuality and gender identity.

This dissertation focuses on loot boxes or surprise boxes, a product offered in electronic games, and the regularity of this practice in the face of protection standards of consumers, children and adolescents. As it is a relatively recent market practice, the analysis of the legality of loot boxes still needs further development, especially considering the profile of a substantial part of the target audience: children and adolescents. The objective is, therefore, to describe and conceptualize the mechanics of loot boxes in the commercialization of electronic games and the modality of this mechanics in view of the protections guaranteed by the Brazilian State to consumers, children and adolescents. Therefore, it is intended to discuss the regularity of the information provided in the sale of surprise boxes, the way in which this type of product is commonly offered, and the consequences caused by consumption, such as the incentive to the practice related to betting, the excessive spending amount and the supposed illusory offer to the user. Based on a hypothetical-deductive method, of an applied nature with a qualitative approach and bibliographical research, this research concludes, among other notes, that loot boxes constitute an abusive practice, violating the duty of transparency and generating a manifestly excessive advantage. Regarding children and adolescents, it is suggested that sales be prohibited to this public, given the psychological risks generated by its consumption.

Consumer protection is a fundamental right, provided for in article 5, item XXXII, of the Federal Constitution of 1988, and reinforced as a guiding principle of the Economic Order in article 170, item V. In this context, the State has the duty to play an active role in the promotion and protection of consumer rights, ensuring the sustainability of consumer relations. The creation of the National Consumer Defense System made this action possible through institutions such as Procon. At the same time, the paradigmatic dispute resolution system known as "multi-door justice" has gained practical contours in our legal system, transcending the notion of exclusivity of the Judiciary as the only way to resolve conflicts, enabling other instances (or doors) to take over , through alternative methods, access to the state peacekeeping mission. This advance is the product of an evolution in the understanding of access to justice. The research is limited to analyzing that, currently, Procon is not just a body that applies administrative sanctions, going beyond, performing, attributions of conflict resolution, assuming a role of instance (or path) through which the consumer accesses the pacifying activity state-owned. In view of this, the following problem is faced: From the observation of an evolution in the understanding of access to justice, which now allows a multi-door system of conflict resolution, is it possible to consider Procon as an instance of access to justice? Analysis from this perspective allows aligning Procon with the sustainability of consumer relations and development as freedom. The general objective of the research is to analyze the performance of Procon from the verification of an evolution of the concept of access to justice, in order to determine if Procon can be considered an instance of access to justice. Procon's activities seek balance in consumer relations, ensuring their sustainability. For this, Procon needs to be framed as an effective institution. In view of this, the specific objectives of the research include assessing the relationship between Procon's activities and the dimensions of sustainability, analyzing its relationship with the UN's Sustainable Development Goal 16 (Peace, Justice and Effective Institutions); and verify whether its action is in line with the evolution of access to justice in a way of resolving conflicts. The methodology adopted is the hypothetical-deductive method, with a qualitative approach and bibliographical and documental research. In conclusion, it is suggested that Procon's performance, in response to the evolutionary movement that involves access to justice, transcends the notion of social pacification as an exclusive responsibility of the Judiciary, finding adequate normative bases to be recognized as an instance of access the Justice.

The present research addresses the theme of seeking a multilateral solution for imposing a global minimum tax threshold on multinational corporations. The study aims to provide a critical reflection on the legitimacy of imposing a global minimum tax within the Brazilian economic order. In this perspective, it seeks to analyze the harmful fiscal practices perpetrated by companies and states that disrupt the economic order, to develop an understanding of the multilateral solution and unified approach, as proposed by the Organization for Economic Cooperation and Development (OECD), as well as to examine the legitimacy of its imposition within the Brazilian legal system. The question arises as to whether the multilateral solution for establishing a global minimum tax would be legitimate from the perspective of the Brazilian constitutional and economic order. This work is of fundamental relevance in a scenario of transnational relations and a digitized economy, heightened in a post-pandemic reality, where, beyond the legitimate fiscal need of the Fiscal State, it is equally important to prevent aggressive tax practices from undermining the economic development of the State and impeding the realization of tax justice. It was necessary to analyze the multilateral approach of two pillars, based on consensus and international cooperation, especially the implementation of a minimum top-up tax to curb tax erosion. For this purpose, a descriptive methodology and a logical-deductive method were employed in this work. It was observed that the consensus-based solution appears to be the most viable, and although the results in the economic order are modest, they have proven to be positive.

Considering the transformation from analogical to digital government observed in Brazil, it is questionable whether the Blockchain technology, if used in the authentication process of the citizen's digital identity, fits the constitutional and infra-constitutional dictates, in a way that it works as an instrument for the exercise of fundamental rights, respecting the principles of public administration and enabling the construction of public policies of access assurance for the citizen. Thus, in this context, it was observed that the distributed and decentralized architecture used in identification systems based on Blockchain offers more security, preventing data breaches and data corruption, ensuring an authenticated identity in an immutable, unquestionable and secure way, besides being less expensive, through digital signatures based on public key cryptography. Such features converge with the objectives pursued in digital government, which excels in ease of access, security, speed, low cost, and efficiency in service delivery. In light of this, the dissertation discusses the digital identity of the citizen in the digital government of Brazil and the possibility of using Blockchain in the authentication process of this identity, in order to examine the constitutional compliance and the guarantee of exercise of fundamental rights by the citizen in the digital government platforms. It defines and relates digital constitutionalism, fundamental rights, and the digital personality, discusses the digital society, the transformation of the state, and the construction of public policies in the construction of the citizen's digital identity, identifies the constitutional provisions and the legislative framework pertinent to the theme, and finally, evaluates the constitutional and infra-constitutional conformity and the pros and cons of the use of Blockchain as a digital identity strategy. The approach method was deductive, by means of qualitative theoretical-descriptive research, and the technical procedures consisted of bibliographical and documental research, based on books, scientific articles, reports, and legislation. It was concluded that Blockchain can be used as a tool in the authentication process of the Brazilian citizen's digital identity, in order to ensure more security to the exercise of fundamental rights in the government's digital platforms, being in accordance with the constitutional and infra-constitutional framework.

The present study focuses on the control of conventionality, more specifically the domestic jurisdictional control of conventionality of Law n. 13,467/2017 within the scope of the 2 instances of the Regional Labor Court of the 21st Region (TRT 21). The "Labor Reform" promoted a profound flexibility and deregulation of rights provided in the Brazilian Consolidation of Labor Laws (CLT), without, however, a more accurate analysis of human rights violations caused by the new legislation having been undertaken by jurisprudence. Therefore, this dissertation aims to answer if the judges linked to TRT 21, in the period from 11-11-2017 to 11-11-2022, undertook a conventionality control of Law n. 13,467/2017 and, if so, whether the application of the technique observed the guidelines of the Inter-American Court of Human Rights and by specialized doctrine. To do so, it elucidates the normative content of human dignity and how it influenced the contemporary notion of human rights and, more specifically, the international protection of workers' rights in the UN and regional system. Then, it proceeds with a retrospective of the theory of conventionality control in the Inter-American System, its objects, fundamentals, parameters, interpretative guidelines, responsible agents, its effects, some of its doctrinal classifications and challenges. Continuing, it examines the worldwide and Brazilian evolution of Labor Law, its purposes, concept and basic legal relationship, the ideals of flexibility and deregulation of the just labor branch, to then present some of the main changes promoted by Law n. 13,467/2017, seeking to identify their impacts on the Brazilian reality and to what extent they contravene or not international human rights standards. Finally, it compiles and analyzes the identified decisions. It adopts a deductive method of approach, with a theoretical-descriptive procedure, carrying out jurisprudential research and a bibliographical review. In particular, it collects and analyzes the decisions made available on the TRT 21 electronic portal (https://www.trt21.jus.br/jurisprudencia) found through textual searches for the expression ‘conventionality control’, temporally delimited between 11-11-2017 and 28 -5-2022. It adopts other periods and search terms with the purpose of comparison. The study is justified by the strong aptitude of the judicial control of conventionality for the promotion of the dignity of the human person and expansion of the paradigms of unionization of contracts and working conditions; for the still scarce application of the technique in the Labor Courts; by the intense doctrinal criticism of the Labor Reform; the high litigiousness in that Specialized Justice and the possibility of international accountability of Brazil. It is concluded that the conventionality control has practically not been carried out in the 1st instance of TRT 21 to examine the validity of the Labor Reform, since, out of 43 magistrates, only 1 applied the technique. Even so, an international norm was invoked as a parameter that was unrelated to the disputed issue. The finding is even more serious in the 2nd instance, as no Labor Judges undertook any control of the conventionality of Law n. 12,467/2017, and one of the judges concluded, that the instrument would not even be admitted by the Brazilian legal order.

The health federalism crisis is a subject that prevails today, having emerged in the Covid-19 pandemic: the legislative shocks edited by the federative entities due to their constitutional nature of concurrent competence, sanctioning administrative law and judicial activism are the three behavioral pillars that trigger the health crisis. In this context, the characteristics of the provisional fundamental rights and the application of public policies in a more regionalized context, by municipalities, will be studied. Thus, it is evident that the problem of the theme revolves around the following question: To what extent can the application of municipal public policies interfere in the context of the application of fundamental rights in the face of the health federalism crisis? The study of the chosen theme is important because, in addition to being a contemporary situation, the application of public policies in the light of fundamental rights within public health can be the object of improvements for society and the prevention of future health crises. Among the desired objectives, in general, it seeks to establish a proportional conduct between the application of public policies in the municipalities within the limits of application of the fundamental rights of benefits. As methodological procedures, hypothetical-deductive research is used, raising the hypothesis that a cooperative federative state may be the possible solution to the pointed out problem; with a qualitative approach, the specific objectives are to investigate health standards, observe the sanctioning administrative policies adopted, identify public policy strategies that can be used to improve the crisis, amplify the study on health federalism and analyze the provisional fundamental rights, the light of the constitutional right to health from the behavioral perspective of facing the crisis of federalism. The research procedure adopted was bibliographical and jurisprudential. It is concluded that: the theme is substantiated in the Federal Constitution of 1988, but it still needs more in-depth studies and investments to resolve practical issues, especially with regard to the application of public policies in the area of health in the face of administrative sanctioning instruments and the position of application of provisional fundamental rights in the health crisis.

The central theme of this work is the existing correlation between corruption, in its broad sense, and the performance of criminal factions, adopting as geographical and temporal cut, respectively, the prisons of the state of Rio Grande do Norte, in the period from 2010 to 2022. The objective was to investigate how corruption, within the cited clipping, focusing on the performance of public agents, but understanding the disproportionate practice of other actors, such as lawyers, contributes to the performance of criminal factions inside and outside prisons, promoting the Unconstitutional State of Things in the Rio Grande do Norte prison system. As a methodology, qualitative, bibliographical and documental research was adopted, with regard to the central object of the study, corruption and criminal factions, but also in relation to matters related to it, such as violence, punitive power, banality of evil, the ECI, the dignity of the human person and ethical foundations. Still, the quantitative method was used, due to the analysis of statistical data available in official documents, in the public domain, such as the Atlas of Violence; as well as from the investigation, through letters sent to the National Penitentiary Department (DEPEN), to the Penitentiary Administration Secretariat (SEAP) and to the Ethics Court of the OAB/RN, with the purpose of collecting and analyzing data on procedures instituted in the face of servants/lawyers for the practice of corrupt acts and facilitation of the action of criminal factions in the context of potiguar prisons. It was found that since the creation of the Corregedoria of the state prison system of RN, in 2019, procedures on the subject of corruption have not been instituted with regard to the servants who work in this space; at the same time, it was evidenced that 80% of the procedures initiated from 2004 to 2019 were archived due to lack of evidence, indicating the difficulty in the investigation. At the same time, the investigations carried out by the MPRN, together with other bodies, through Operation Swiss Cheese, from 2017, and Operation Carteiras, from 2022, respectively, resulted in convictions of civil servants of the prison system and lawyers, for corruption linked to the facilitation of crimes committed by criminal organizations in RN. In this way, it was verified that the referred framework contributed to the significant increase in violent crime, further aggravating the Unconstitutional State of Things in the prison system of the state in question.

The relationship between Taxation and Competition is an important economic phenomenon, with practical implications in day-to-day business relationships. As an important instrument of State intervention in the economic sphere, taxation directly influences the operation and competitive dynamics among market agents, since it represents a significant portion of their costs and directly interferes in business decisions, impacting productive efficiency, increasing or reducing barriers to the entry of new economic agents and attracting or keeping away investments in various markets, for example. In this scenario, and taking into consideration the constitutional principles of equality and free competition, taxation should not be used as an instrument that may compromise free competition and fair competition among the economic agents within a given market, and it is up to the Administrative Council of Economic Defense (CADE) to investigate the competition effects arising from illegal tax practices - investigation of anticompetitive conducts. As will be exposed in this study, the theme is complex, requiring an in-depth reflection. A survey and systematization of the main doctrinaire and jurisprudence discussions on the subject was carried out in order to promote the debate, launching, also, a propositive perspective, suggesting ways. It is not the purpose of this study to exhaust all the aspects that permeate the theme, much less to dictate forms of action to economic agents or to the Brazilian Competition Defense System (SBDC). It is, in fact, a dynamic work in continuous construction, whose main objective is to present a practical-objective panorama, seeking to shed light on a multifaceted theme of social and economic interest, contributing to a more qualified understanding from the standpoint of economic agents, especially, so as to be a useful and valuable reference point.

The increasing relevance of personal data in contemporary socioeconomic logic, coupled with the growth of information and communication technologies' processing capabilities, has necessitated the development of a legal framework for the protection of personal data capable of adapting to the technical and legal reality of personal data processing. In Brazil, heavily inspired by the European experience, the Brazilian General Data Protection Law (LGPD, in Portuguese) was approved with the purpose of regulating the processing of personal data, impacting to varying degrees all activities dealing with such information. In addition, Constitutional Amendment 115 was approved at the end of 2022, which, among other issues, modified the list of fundamental rights enshrined in Article 5 of the Federal Constitution, including the right to the protection of personal data. In this context, public health research experiences an imminent need to reorganize its practices, given its substantial handling of sensitive personal data, which is subject to heightened legal protection. Therefore, this study aimed to analyze the impact of the new legislation on public health research activities, discussing its constitutional foundations, the process of establishing the legislation in Brazil, and the process of adapting the activities to the demands of the LGPD. In this regard, the foundations of the development of personal data protection as a fundamental right were discussed, emphasizing informational self-determination as an essential element in this process. It was demonstrated how the LGPD was implemented in Brazil and how it broadly and generically regulates activities involving the processing of personal data within the national territory. Subsequently, the direct impact of the LGPD on public health research activities was examined, discussing the provisions of the legislation and their relationship with the stages of the academic health production process in the Brazilian context, highlighting the potential obstacles and adaptation needs required by the law. Finally, a reflection was made on how research institutions can reorganize themselves to comply with the determinations of the LGPD, particularly considering the perspective of self-regulation, given the emphasis placed by the LGPD on the need for data processing agents to autonomously analyze their own security and personal data protection needs and establish governance practices and work processes in accordance with the legislation's requirements. In conclusion, it was determined that public health research activities need to have a specific understanding of their data security obligations, and research institutions have the responsibility to enable researchers to analyze and respond to these demands. Additionally, research institutions are tasked with providing an adequate technical environment and adopting their own governance policies for public health research activities.

This paper addresses how labor compliance can prevent and combat workplace bullying. It recognizes the practice of bullying as a problem that must be addressed both by the state and by individuals, and that has harmful consequences for the dignity of the worker and for society as a whole. Based on this, it emphasizes the emergence of the Compliance mechanism in Brazilian legislation and in national companies and organizations, to, finally, relate this instrument to the practice of moral harassment in the work environment. However, it identifies that its use can bring damages to the working class, depending on how it is used. Therefore, it faces the following question: how is Compliance being legislated in Brazil, and how should this mechanism act to effectively combat and prevent moral harassment? Its main objective is to evaluate how Compliance can contribute to the combat and prevention of moral harassment, delimiting its possibilities and legal limits. The first chapter, after the introduction, deals with moral harassment, its genesis, motivations, consequences, and its relation with the Federal Constitution and International Conventions. The next chapter goes into Compliance itself, approaching the instrument, the pertinent legislations, and its duality, underlining the need to strengthen the ethical side, using Immanuel Kant's philosophy for this purpose. The next chapter goes into Labor Compliance, bringing its objective, the role of workers in its execution, and the ways in which it can be used to punish workers. It also discusses its own necessity, and finally establishes how, in practice, the Labor Integrity Program can be an ally in the combat and prevention of moral harassment. Finally, the work confects critics and guidelines about how Compliance must be used in an effective way in the prevention of moral harassment, defending its use only when well implemented, and the punishment of the entities that distort its objective, reaching the worker's dignity.

This study, of dialectic, applied, theoretical-practical, qualitative and descriptive-exploratory character, entitled FROM THE SUBJECTIVITY OF THE RIGHT TO EDUCATION TO THE OBJECTIVITY OF THE STATE'S OBLIGATION TO PROMOTE IT: Brazilian historical-constitutional construction in the first stages of basic education focusing on the municipality, faces the question of the subjectivity of the right to education, as a public right to be offered by the State, based on the objective principle of achievement of duties of public entities embedded in the Federal Constitution of 1988, especially the municipalities, thus demonstrating its relevance. The research has as central objective to perform a historical-constitutional and infra-constitutional retrospective of the right to education in the Brazilian legal system, besides demonstrating how the right object of study is consolidated in a provision State, under the neoliberal economic aegis, whose constitutional guaranteeism aims at the effectiveness of the established rules to ensure the social welfare, being up to the public entities to provide efficient public policies that translate into the realization of the right to education. Under the mantle of Brazilian federalism, which gives political-administrative autonomy to the municipality and assigns competences, the stages of early childhood education and primary schools are conferred to the municipality, which must promote fourteen years of regular education, especially the kindergarten modality, destined to children from zero to three years old, which is defined as mandatory, although the mandatory nature is not expressed in the constitutional text, after a judgment of the Federal Supreme Court. Well then, when the right to education is not guaranteed by the State, it is up to the citizen to seek its realization in the jurisdictional sphere, and the judicialization of educational public policies is another focus of this research.

The dissertation aims to present a legal discussion, through investigative studies related to the practice of charging a fee by the Federal Data Processing Service (SERPRO), a mixed economy society, linked to the Ministry of Economy, for the use of the consultation service, provided to third parties, the databases integrating various administrative entities that store personal data of citizens who, by sharing, are accessed, processed and reused by SERPRO. It is known that the General Data Protection Act (LGPD) guarantees the holder control of their data (informational self-determination), which entails the duty on the part of the Public Authority as guardian of that data to carry out the proper treatment and sharing so as not to depart from the purpose for which they were collected. Thus, as a problem to be understood, the following question is made: does the payment of a fee to consult the personal databases held by SERPRO constitute the practice of selling personal data? The relevance of this question highlights the importance of studying the treatment of personal data by the public sector, in order to point out the limits and possibilities in the management of these data. To this end, we intend to analyse the governance of personal data by the Public Administration and the asymmetry of powers between the State and the individual. Specifically, we intend to examine the issues related to the constitutional and legal aspects of the direct exploitation of economic activity by SERPRO, in the context of the data-driven economy, through the receipt of pecuniary consideration for access by third parties to personal data under its custody, as well as to present the legal repercussions of this practice in light of the fundamental rights to the protection of personal data and the dignity of the human being. In order to attain such objectives, research of an applied nature is employed, of an inductive method, with a qualitative approach to the problem, with a descriptive and exploratory objective, based on bibliographical, documental and jurisprudential technical procedures. It is concluded, in this sense, that the economic activity explored by SERPRO in face of the availability of personal data held in custody by the Public Authorities to third parties for a purpose distinct from that for which they were collected and, furthermore, in default of the holder, without his consent, is incompatible with the fundamental rights and guarantees to the protection of personal data and the dignity of the human person.

Money laundering is a process that ensures the perpetuation of crime, undermining economic development and justice systems around the world. The fight against money laundering requires alignment between global jurisdictions, which has been achieved since 1988 when the Vienna Convention addressing the issue was celebrated, with a focus on combating drug trafficking. The potential for harm in this type of crime becomes even more prominent when complex business mechanisms are involved. Therefore, the study of this matter is important because the commission of economic crimes in the corporate environment facilitates the violation of collective juridical goods relevant to social coexistence, whose repression challenges the foundations upon which the Brazilian punitive system is based. In this factual context, this research aims to study the use of the corporate environment for the commission of economic crimes, with the aim of answering the following research question: can the criminal liability of a legal entity be considered an effective instrument to combat economic crime, especially in cases of money laundering? To answer this question, the research to be conducted is defined as applied, theoretical in type, and explanatory in objective. The approach will be qualitative, and the study will use the hypothetical-deductive method, implemented through bibliographic and legislative procedures. As a hypothesis, we have that art. 173, § 5 of the Constitution of the Federative Republic of Brazil of 1988 allowed the legislator to create criminal types, directed to legal entities, for the commission of crimes against the economic and financial order and the popular economy. Finally, it is concluded that the criminal liability of a private legal entity can be a powerful tool for combating money laundering, in conjunction with sanctioning administrative law, contributing to the proper implementation of this approach.

The public space of decision-making is a sphere of power and value, associated with the male figure, as if it were an attribute inherent to his nature. On the other hand, women are directed to activities related to care, such as marriage, family and children, as they are considered more adequate to private life. This socialization results in the construction of women as apolitical figures not inclined to participate in public life. However, in the year 1926, the women of Rio Grande do Norte mobilized to enter the political sphere and in 1927 they won the right to suffrage. The state began to elect several women in the elections of 1928 and in the following years. According to the literature, other regions of the country attest to the phenomenon of female under-representation in politics, with few plural women. Given this context, this study aims to intersect the data between the constitutional-electoral process and the female representation in politics with diversity, in Rio Grande do Norte, for being a pioneer state in the insertion of women in the public space. For this, this research makes use of data from the Superior Electoral Court, the regulatory body of elections, which created a platform called Divulga Contas e Candidaturas since 2004, to publicize the personal data of the records of deferred candidacies in the proportional and majoritarian elections in the country. With this, this research asks: is there low female representation in the Potiguar politics? The hypothesis is that, even with the pioneering, the state does not manage to be expressive enough to have gender parity in the political space. In addition, can this political representation be diversified? The hypothesis is that the isonomic legislation that initiated women's suffrage is aimed at a universal woman and does not embrace the multiple identities that are vulnerable in Potiguar soil, disregarding the clippings of class, gender and race, for example. In this sense, women are captured by the time allocated to care activities, as a maximum premise elaborated by the hegemonic power, in order to ensure their own maintenance and cannot guarantee representativeness in the context of a neoliberal political bias policy, which treats democracy as a market. The methodology resorts to hypothetical-deductive processes, in qualitative and quantitative projection, with an applied nature, descriptive objective and using techniques of bibliographical studies, literature review and documentary studies. As a result, it is necessary to review the financial transfer within the political parties, and also to review the system of proportional elections by open list, in local politics, under penalty of remaining a process without transparency and with the possibility of orange applications, a fact that occurs in less probability in the majoritarian systems. For this reason, state incentive actions need to be focused on the effective inclusion of women in the political space, as is the case of their permanence in these spaces, since the re-election rate of women is minimal. Similarly, despite the critical reflection on liberal democracy, it is necessary to consider state incentive actions to apply gender mainstreaming as a way to reverse gender inequality and raise the democratic quality of the electoral process.

This research is inserted in the field of International Human Rights Law in the context of social security relations in view of the control of conventionality applied to the matter in the light of the system of supra-legality adopted by the Supreme Court. It is assumed that the judiciary faces an emblematic impasse with regard to the conflict of standards and legal antinomies arising from the thesis of the supra-legality of human rights treaties, adopted by the Supreme Court, in the trial of Habeas Corpus No. 87.585-8. Thus, the international human rights matter, in the social security context, is not accepted as a conventional parameter in the category of human rights in light of the constitutional teratological order. This fact has generated insecurity in the guarantee of human rights in social security matters in the scope of the concession of benefits to the insured of the General Social Security System and to the judges who yearn for social security jurisdictional protection. In this scenario, the aim is to solve such issues through the consideration of the guiding principles of human rights, especially the principle of indivisibility of these rights and the maxim pro persona, in the sense of the application of the rule that is more favorable to the insured or applicant. Therefore, the question is: can the human rights enshrined in international treaties, in social security or social matters, constitute a parameter for the control of constitutionality within the Brazilian judiciary? From this perspective, the main objectives of this research are: a) to describe the theoretical assumptions of conventionality, considering the global compatibility; b) to analyze the fundamentals of international social security law as a human rights norm to be considered as a parameter of conventionality control; c) to investigate possible unconventionalities in social security matters and address the effectiveness of the social security norm in the Federal Justice of the Federal Regional Courts of Brazil from a structural analysis. The methodology of this study is based on several elements, including quali-quantitative research with exploratory objectives and descriptive analytical orientation, the use of the inductive method, and analysis of bibliographic, documentary, and jurisprudential sources. It is expected that this research contributes to the understanding that international human rights rights can be conceived as a reference for parameter of conventionality control in the system of moderate dualism preceded by the Supreme Court when the hierarchy of human rights treaties in the Brazilian legal with effect to give resoluteness to welfare claims in the Federal Court.

Artificial intelligence solutions are increasingly taking a prominent place in people's daily lives. Today, they are integrated into various fields of knowledge, including the legal sphere, with a significant presence in the judiciary. With the widespread use of AI, other important concerns arise, such as ethics, responsibility, and transparency. Therefore, the objective of this dissertation is to assess the ethical and regulatory aspects related to the implementation of AI-based solutions in the Brazilian judiciary. To accomplish this, an analysis was conducted using data obtained through a questionnaire administered by the Federal Court of Accounts in process TC 006.662/2021-8, as well as a systematic literature review using the PRISMA method. Issues related to justice, responsibility, and transparency in the development of artificial intelligence in 45 federal judiciary courts were investigated, considering the framework known as "FAT" (Fairness, Accountability, and Transparency). The analysis also addressed aspects related to technical and structural support within organizations for AI implementation. Initially, a literature review was conducted on artificial intelligence and the "FAT" framework, which serves as a minimum ethical model for the implementation of AI-based solutions. Subsequently, the discussion focused on Resolution No. 332/2020 of the National Council of Justice, which deals with ethics, transparency, and governance in the production and use of AI in the judiciary. This resolution establishes guidelines for the development and use of AI and the graphs with data obtained by the Federal Court of Accounts were analyzed. The systematic literature review aimed to identify the main challenges in the ethical implementation of AI systems and the primary risks associated with the use of AI that does not adhere to ethical parameters. The responses provided by the courts indicate a lack of adherence to the FAT framework, as the criteria related to justice, responsibility, and transparency were not observed by the questionnaire participants. This also results in non-compliance with relevant aspects of Resolution No. 332/2020-CNJ, which is aligned with the FAT framework. Furthermore, through the systematic literature review, an urgent need for AI regulation and the establishment of clear standards for its implementation was identified. This is crucial to make the definition and application of ethical principles accessible and transparent. Therefore, it is concluded that the use of AI without appropriate ethical parameters can pose significant risks to individuals, including violations of fundamental rights and the perpetuation of inequalities and discrimination.

In recent years, the advancement of technology has had an increasing impact on the most diverse areas of society, a factor that greatly influences the law, given the need to keep up with the changes undergone, and at record speed. In the meantime, consumer protection has encountered major challenges in recent decades with the arrival of virtual commerce, and continues to face new challenges with the increasingly intense digitization of these relationships. The protection of personal data, in this analytical comparison, has proved to be, in recent years, the great touchstone to be protected by legislation, after social relations have been inserted in such a way in the digital world that the use of personal data has become indispensable in electronic relationships. Data protection was consecrated as a fundamental right by the Brazilian reform constituent power in 2022 from the Constitutional Amendment n. 115. This right is intrinsically related to consumer protection based on the understanding that, nowadays, consumer relations are increasingly perfected in the digital environment. Based on this assumption, the present study aims to develop an analysis about the effectiveness of the General Data Protection Law (LGPD) in financial consumer relations that are perfected in the digital environment, in order to guarantee the protection of consumer data in the face of the amount of frauds practiced in the banking field through the misuse of your data. From this perspective, the study intends to address, within the perspective of the need to protect personal data in digital relationships, the relationship between this new fundamental right with the fundamental right of consumer protection, from the perspective of the principle of security, provided for in the Code of Consumer Protection, and application of the risk-benefit theory. In this way, the problem of the research is the observance of the improper obtaining of consumer data, due to the non-observance of the duty of safe custody in the virtual environment, combined with its misuse in financial commerce, for the commission of fraud by third parties in bad faith. . Thus, from the analysis of the provisions brought by the LGPD, to study the effectiveness of the provisions brought by the LGPD in an attempt to make financial institutions accountable in an objective way, as a way of guaranteeing the protection of consumers inserted in the virtual scope, for the improper use of data, by third parties, for the commission of bank fraud, also noting that there are other normative instruments that could also be applied to the concrete case to guarantee greater effectiveness to the desired protection, such as the summary 479 of the STJ.

In the light of fundamental rights and, in particular, of the realization of social rights, the obligation to realize these rights in a context marked by difficulties in the governance of States. This scenario challenges the allocation of resources to face crises and fulfill the purposes of the welfare state. In the light of vicissitudes and changing constitutional realities, it is demanded that the search for solutions within the system itself for the implementation of the Constitution. Indeed, there is a need to reconcile free initiative with the social values of work and the realization of respect for human dignity in parallel with sustainable economic and technological development. For this, the present work brings to light the use of structuring decisions as a mechanism for the realization of fundamental rights within the existing positive law system itself. To this end, the objective is to analyze the parameters adopted by the judicial bodies when issuing structuring decisions, based on paradigmatic judgments issued by the Federal Supreme Court (STF), from which the dissertation will be structured. The first part of the work will discuss the idea of structuring decisions, addressing its historical origin, its essential aspects and its legal basis. The second part seeks to discuss structuring decisions and public management, with special focus on the changes introduced by Law No. 13,655/2018 in LINDB, evaluating the legitimacy and possibility of interference in the management of public resources by the Brazilian Judiciary. Finally, the third part of the work is dedicated to assessing judgments selected among judicial decisions issued in the Federal Supreme Court, in order to verify which parameters are adopted in the structuring decisions, as well as to critically evaluate the data collected in order to draw a panorama on the subject and evaluate the pertinence of the adoption of structuring decisions in the Brazilian legal system.

The efficiency of the Judiciary, that is an endless matter, finds itself in the center of the main discussions, envolving the administration of the Justice and the Judicary Branch. In 2015, comes into force in Brazil the current Civil Code of Procedure, bringing many novelties, as the Brazilian National Judicial Cooperation. This work aims to address the historical evolution of the Judiciary and of the civil process, dealing with the embrace or distancing of the Brazilian legal system concerning the rigid formality in search of the essential formalism (formalismo-valorativo), defended by Carlos Alberto Alvaro de Oliveira. The choice for this study and of this approach are justified by the Brazilian habit to undertake legislative reform prior proper and in depth analysis of the causes, as well as for the possibility to undermine the due process of law if the new institute is not used with caution. Amongst the difficulties found, it is highlighted the immense amount of process legislation and respective reforms, counted from the first Brazilian process legislation, as well as, the very recent production of studies over this matter. Henceforth, the present work aims to present a historical overviewo about the simplification of the process in Brazil, to allow critical debate over the National Judicial Cooperation and obtain solution to harmonize, in the Brazilian legal system, the constitutionally secured individual rights and this new simplification institute. The analysis starts from the hypothesis that, nonetheless the National Judicial Cooperation aims expediency, it is mandatory to verify if the cooperation request, including those for concerted acts by judges of different specialized jurisdictions, is compatible with the Constitution and other general structural norms already in existence in the Brazilian legal system. Thus, to allow the test over the hypothesis, basic historical and strategic research was conducted, with descriptive and exploratory objectives, under the deductive method, with qualitative approach and done under the bibliography and documentation pertinent for this. As result of the study over the case brought into analysis, the importance of the research was confirmed, due to the little understanding of the limits applicable to the new institute. Therefore, further scrutiny over this theme is suggested.

This dissertation seeks to understand the process of concurrent relocation of the attributions and procedures inherent to the Judiciary to extrajudicial services, especially in the Brazilian constitutional regime of 1988. Institutions with a long history in Brazil, and commonly related to the idea of formalism and bureaucracy, extrajudicial services have shown a certain resilience in the Brazilian social scenario, an example of this phenomenon being the various legislative initiatives that seek to make this body a closer arm of the formal justice system. This phenomenon has been expanded in the Code of Civil Procedure of 2015, by a process of recognition of the services as a space for the execution of various services of different natures. From a mostly descriptive research, supported by the historical-critical resource of bibliographic and documentary base, the work sought to analyze the conditions and characteristics of the movement of dejudicialization towards extrajudicial services, exploring some of the main laws, resolutions and provisions that contributed to this process, the articulation of these bodies with the justice system and the legal nature of these processes that convert the notaries into an apparent alternative to the traditional judicial arena, identifying, in this itinerary, how these solutions were institutionally constructed. In the end, it was possible to conclude that the strengthening of the services in the dejudicialization movement in Brazil was, to a large extent, influenced by the intense performance of this delegated segment of the public power in line with the vested interests of the dominant Power classes of Brazilian society, especially the judiciary, which demonstrated an expressive capacity of the services to promote an articulation to ensure greater protagonism in the public-jurisdictional scene. On the other hand, it was possible to perceive that this process of dejudicialization did not entirely remove the presence of the Justice, in particular the State Court, since the latter, in addition to being responsible for the processes of delegation to the holders of the services, has also been acting in the supervision of these bodies and services, benefiting from the costs and emoluments paid by the users to carry out procedures in the notary offices, This context allows to establish the idea of a "pseudo-dejudicialization" or "institutional dejudicialization", as a term that represents the syncretism of this process of relocation of judicial services to the registry offices.

The main objective of this study is to analyze the impacts on the national legal system of Complementary Law nº 123/2006, which instituted the Simples Nacional, after sixteen years of its validity, from the perspective of confronting its main characteristics, doctrinal issues, the discussion in superior courts with the benefits brought to micro and small companies in Brazil, considering that these represent more than ninety percent of the national business community. With this intent, the Brazilian Federative System is initially described, including concept, origins and brief history, demonstrating that this is an ironclad clause, under the terms of the Federal Constitution of 1988, article 60, § 4, item I. Afterwards, the constitutional system of tax powers, the Constitutional Economic and Financial Order, with emphasis on a core principle for this dissertation, provided for in art. 179, item IX, which guarantees favored and simplified tax treatment for micro and small companies. Then, the Simples Nacional Statute is presented, including its subsequent legislative updates, as well as the way in which the Simples Nacional Management Committee (CGSN) operates. Next, a comparison is made between Simples Nacional and important constitutional legal principles. The principle of Tax Practicality and its legal nature is also analyzed. Next, the legal validity of the Simples Nacional is demonstrated based on the analysis of the RMIT – Matrix Rule of Tax Incidence, considering the eight taxes included in the simplified tax system. Afterwards, recent judgments of Simples Nacional in the Federal Supreme Court are presented in General Repercussion. It presents, the effects of Simples Nacional in the Brazilian business environment are presented, based on official statistical data updated up to the present day, as well as considering tax information provided by the Federal Revenue Service of Brazil, including data on collection, formalization and inclusion in the inaugurated systematic with Simples Nacional. Finally, it touches on what is expected from the Tax Reform under way in the National Congress.

In Brazil, especially with regard to the constitutional provision of the right to health, difficulties and obstacles have been observed in the provision of pharmaceutical assistance to the population, especially for people who belong to more vulnerable groups. In this sense, Public Administration, especially in the management of public health policies, needs reformulations and innovations that provide more efficient and effective management in guaranteeing the population's rights. Public policies for the incorporation and supply of exceptional medicines are relevant to Brazil, for this reason, the present work aims, through the evaluation of social, economic data and data on the judicialization of medicines in the Unified Health System (SUS), to analyze conflicts between the Powers over socioeconomic public policies and the adequate supply of high-cost medicines by the SUS, given the right to health and the financial resources available by the State; As well as reducing bureaucracy in the incorporation and supply of exceptional medicines in the SUS. In this aspect, the present study points out some of the constitutional and legislative predictions on the subject of the right to health and public policies on pharmaceutical assistance in the specialized component, and exposes “difficulties” surrounding the constitutional protection of health, the interpretative activity of norms by public management and the Judiciary and the strategies used by Brazil for the country's social and economic development.

In Brazil, taxation on consumed income has proven to be the main source of income that supports the State's financial activity. The weight of taxation on consumption exceeds that of taxation on earned income. This fact makes explicit the dimension of taxation that consumption taxation assumed, although the dimension of extrafiscality is inherent to it. The work analyzes consumption taxation in Brazil in a generic way, not specifying a specific tax, but seeking to cover all possible taxes, for a broad view of the relevance of these taxes for tax regressiveness. This research has a historical dimension, but it does not seek to trace the evolution of taxation on consumption. It starts from a multi-phase non-cumulative taxation system established by Constitutional Amendment No. 18/1965, which established the tax on industrialized products and the tax on the circulation of goods, of a non-cumulative nature. This system, adopted in 1965, allegedly favors free competition, integration between subnational states and regional integration due to its alleged neutrality. However, the fiscal war that took place at the end of the 20th century, largely due to the fiscal bankruptcy of the Brazilian State, has both harmed regional integration, maintaining regional inequality between and within the region, as well as harming social integration by punishing the poorest for the benefit of the richest, that is, acting differently from the constitutional objective of reducing social inequalities. In this context, the research is developed in order to answer the following central question: Brazilian taxation on consumption contributes to the reduction of regional and social inequalities, contributing to the realization of the third item, third article of the Constitution of the Federative Republic of Brazil of 1988? The initial presuppositions to understand the central question are directed to the contexts in which the Brazilian tax structure has been historically regressive. The basic assumption is that tax regressiveness is based mostly on high consumption taxation relative to a not so progressive taxation on income and wealth, or even other taxes whose importance is less important in the context of regressiveness. High taxes on aggregated consumption and low progressivity on income and wealth materializes a tax regressivity that harms the poorest segments, favoring social and regional inequalities, given that the poorest regions are the regions with the highest volume of poor people and the greatest intra-regional social disparities. Thus, tax regressiveness attacks the principles and objectives inherent in item third, article third of the Constitution of the Federative Republic of Brazil of 1988. The methodology is characterized by deductivity, as it allows starting from the historical and economic context of the permanence of social and regional offices in Brazil. Once this fact has been verified and demonstrated, through a bibliographical research and survey of economic and social data on the evolution of inequalities, the aim is to present and discuss the constitutional norms and principles on the investigated themes. To pursue the objectives of this research, the monographic technique is used, appreciating the themes in a descriptive, but also critical, manner.

This research brings explanations about the personal data protection in public database. Through the first chapter, the importance of the personal data protection in the information society is contextualized. Approaches about development of information and knowledge technologies and the internet’s importance for communication networks development. From that, investigate about the importance of personal data in the Informational Revolution’s context. Demonstrate the increase of processing capacity from this data with technological innovations like big data, data mining, artificial intelligence, among others. Approaches about the importance of information technologies and new data processing Technologies for principles of Public Administration achievement. Brings considerations about the protection of personal data and possible conflicts with the concept of open data and digital democracy in the context of the sharing economy. It develops the concept of surveillance capitalism and introduces reflections about the role of personal data for the exercise of citizenship and democracy. The second chapter approaches about the fundamental rights involved in personal data protection. Discusses the doctrinal and jurisprudential understanding of the construction of the right to the protection of personal data. It investigates the fundamental rights related to the subject of data protection, such as the right to privacy, the free development of the personality, the rights of freedom and informational self-determination. It emphasizes the importance of the autonomous normative construction of the right to the protection of personal data in the context of the information society. It addresses the right to the protection of personal data’s fundamentality and its jurisprudential conceptualization when analyzing the decisions of the Federal Supreme Court on the subject. It introduces the study of the Brazilian personal data protection microsystem with the advent of the General Personal Data Protection Law and other legislation that already dealt with data protection and privacy. Introduces the study of the protection of personal data within the scope of the Public Power. It starts an investigation about the compatibility between the principles of Public Administration and the principles relating to the protection of personal data. It discusses the importance of compatibility between the administrative legal regime and the laws that bind the Public Power with the laws that deal with the protection of personal data, such as the LAI and the LGPD. Defines the legal bases for the processing of personal data by the Public Power when investigating the legal regime for the processing of personal data both in the LGPD and in other laws. It makes considerations about the importance of the adoption of good practices and governance policies by the Public Administration in order to implement measures that enable security in the management of personal data in a public database.

The present work seeks to analyze selected precedents from the Federal Supreme Court and the Superior Court of Justice about the application of tax legality in these courts, as this is the primary instrument for promoting legal certainty. The present study was based on bibliographic research, especially the bibliography of tax and constitutional law, in addition to using the inductive method, considering that it started from the concrete cases analyzed so that it was possible to extract the conclusion of the work. The analysis is justified because the Tax Law is a structuring element of the democratic State and the federative republic, considering that it is through it that the resources for the maintenance of the State are obtained and the achievement of various constitutional values is made operational. Although Legality has different meanings and dimensions, sometimes it can be seen as a rule, sometimes it can be seen as a principle, the evolution of society and cultural plurality, led to the insufficiency of the definition of closed types, removing the method of subsumption as the appropriate one for solve all legal problems, which led to the conceptual opening of tax legality, which may represent an apparent decision-making inconsistency, since sometimes flexibility is allowed, sometimes the inflexible character of the principle is reaffirmed. Decision-making inconsistency generates a state of legal uncertainty, since certain sectors, due to their greater dynamics and demand a more direct action from the executive branch (either because they have more technical conditions to assist, or because they are responsible for inspecting, regulating), will experience the application of legality in a different way, which represents a breach of isonomy.

The present study analyzes the constitutional conformity of the award-winning collaboration with the guarantee of due process of law and the constitutional theory of criminal procedure. The research is justified insofar as it seeks to contribute to the evolution in the theoretical treatment of award-winning collaboration, besides to suggests modifications in the practice of the institute. The research has as method the deductive approach to the theme and will use of bibliographic research, critical analysis of legislation, jurisprudence, collaboration agreements and statistical data. At first, it is investigated the expansion movement of criminal justice of negotiation in the world, with focus on the efficiency bias of this movement and on the possibility of review of the fundaments of collaboration, in order to make it compatible with a process model of guarantees. In addition, it is studied how criminal justice of negotiation occurs in the United States of America, namely, the plea bargain system, specially its history, modalities and mainly the local critics to it. It starts with the dogmatic study of award-winning collaboration, from the definition of its concept and legal nature, to, from there, define the assumptions and requirements of the agreement, its object, that is to say, the benefits, waivers and obligations of the collaborator, its procedure, which is divided in four phases: negotiation, formalization and homologation, effective collaboration and granting of benefits, and, at last, the anticipated forms of resolution of the agreement, that are the retraction and termination. At the last moment, the specific conflicts between the negotiating practice and some guarantees of due legal process are studied. First, they focus on the so-called organic guarantees of the criminal process (independence, impartiality and accusatory structure) in order to reveal the magistrate's role in a consensual criminal process. Subsequently, the focus switches to procedural guarantees, especially the guarantees of full defense and adversarial proceedings and their restriction in relation to the co-defendants accused, the non-waiver of the right to silence and its results, the necessity to overcome the regime of secrecy of collaboration, establishing a one of publicity after receiving the complaint, and the reflexes on the principle of presumption of innocence, especially in the biases of trial rule and probative rule. From this approach, award-winning collaboration is an institute that, in order to be considered constitutional, must adapt certain practices, such as the adoption of the judge of guarantees, the respect for the strict limits of the accusatory and judiciary functions, the permission to the co-defendants to contest the collaboration agreement and always manifest or speak after the collaborating defendant, the recognition of the non-waiver of the right to silence, the adoption of a collaboration regime of publicity and, finally, the impediment of the collaborator to insert illegal evidence through collaboration.  

This research discusses the Inter-American System and direct access to the IACHR (Inter-American Court of Human Rights) by individuals, with a view to further promoting the International Human Rights Law in America. In this context, this research also addresses issues related to access to justice and Supranational Human Rights Courts with a particular emphasis on the individual (as a direct petitioner). The structuring of the Organization of American States is an important subject. Also, the research seeks to understand in depth the systems of both the Inter-American Court and the European International Court of Human Rights – a worldwide reference in this matter – through a comparative study. The direct access (by the individual) to the IACHR is still a proposal. The general objective of this research consists in understanding the Inter-American System in the matter of direct access by the individual to the jurisdiction of the IACHR – an important institution for the promotion of International Human Rights Law in the American continent, as well as in the Caribbean region. The specific objectives are: to address the access to justice and the access to international courts (supranational courts) from the perspective of the individual (as an international right-holder); to focus on the Inter-American System, the importance of its Commission and its Court; and, finally, raise awareness on the importance of direct access to the Human Rights Court (by the individual), which necessarily requires a comparative analysis with the European Court. The applied methodology consists of bibliographic research and deductive logical method from doctrinal sources of Applied Social Sciences, especially international law. The conclusion is that direct access to the IACHR by individuals is important to promote international human rights law in the American continent, as well as to grant the individual a right-holder status and exalting the protection of his dignity.

The present research seeks, from an interdisciplinary analysis, to discuss the legal institute of the Incident of Resolution of Repetitive Demands (IRDR), created in Brazilian Law by the Civil Procedure Code (CPC) in force, seeking to understand its constitutionality from the perspective of the principle democratic. The IRDR is characterized by being the judgment of a paradigm case that meets certain legal requirements and the effects of which will apply to identical cases or that are essentially merged into the same legal issue. The work intends to bring up the discussion about the legitimacy of the decisions rendered at IRDR, mainly with regard to the applicability of its decisions to cases not judged by the court, considering the lack of participation of the parties and the impossibility of them to influence the formation of the reason to decide. The effectiveness of the institute can be questioned from the perspective of legitimacy, insofar as the decision under the paradigm case will be imposed on other cases, lacking the effective wide circulation of arguments and the formation of convincing judicial activity. For this purpose, bibliographic research related to the Incident in question and related principles will be used, especially Legal Security and Democracy. The research will be qualitative, since the recognition of the legitimacy of decisions through discursive argumentative means does not allow to be obtained through empirical data, including the non-applicability of certain institutes brought by the present study. Thus, during the discussion, blemishes of the Brazilian legal system will be painted, which we seek to combat with the IRDR, to the same extent that criticism will be made of the Incident itself and its alignment with the constitutional principles in force. Nevertheless, the issues that will be debated about the IRDR, especially with regard to the effective participation of the parties in the processes affected by the paradigm decision, it is clear that the efficient application of certain instruments, as well as their compatibility with the dynamics of the Incident may allow that legitimacy to be achieved.

The present work analyzes the convention of single instance, as an atypical contract of procedure, according to the constitutional principles of the process, and the possibility of suppressing the double degree of jurisdiction and the waiver of the right to appeal in legal relations integrated by a vulnerable individual. Procedural deals are part of the paradigmatic change in the process that occurred with the advent of the 2015 Civil Procedure Code, which is based on the flexibility of the judicial process. The contract of procedure provides the parties with freedom to adapt the procedure to the specifics of the case, as well as to agree on their legal-procedural situations. Searched to conceptualize first what is a resource and what is a double degree of jurisdiction within the constitutional text. In order to try to resolve the doubts brought by the opening of the process to the protagonism of the parties, an analysis of the validity of this procedural agreement was necessary. The methodological cut sought to analyze the possibility of the agent of the group of vulnerable individuals and procedural subject to agree the waiver of the right to appeal. For that brought support for the conceptualization of vulnerability in material law so that procedural vulnerability could be understood. Among the individuals who are part of the group that needs protection due to their vulnerability, the consumer, the worker and the feeding child or adolescent. The single instance convention is fully valid in consumer and labor relations since it has been concluded that the material vulnerability of the subjects does not prevent them from entering into legal transactions, nor procedural transactions. In order to deny the applicability of the single instance convention, it would be necessary to verify on a case-by-case basis that the agent, because of his condition, acted in a manner dissociated from his will. Feeders, on the other hand, cannot negotiate the waiver of the right to appeal because it ends up affecting the right to food across the board, which is unavailable.

Globalization and the digital economy have changed the way in which multinational enterprises (MNE´s) operate. New business models, beyond increasing tax evasion´s and avoidance´s risk, escape the current rules of the international tax system, whose foundations were developed almost a century ago and no longer suit to the current socioeconomic structures. Based on the premise that the sharing of global space leads to a scenario in which national tax policy can no longer be designed in isolated way, especially in view of the State's inability to guarantee the compliance of its tax rules on transnational businesses, this paper describes the distortions observed in the international tax regime and presents a descriptive and explanatory analysis of the reformist agenda conducted by the OECD in the course of the BEPS project. Emphasizing the allocating of taxing right´s rules, the research examines the new rules applicable to digital economic activities and their impacts on consumer states, especially Brazil. It is argued that, although Brazilian international tax policy has been developed independently of global standards, alignment with the BEPS project may be desirable depending on the political agreements reached.

The United Nations Convention on the Law of the Sea (UNCLOS), whose genesis was the
concern to regulate the use of the mineral wealth of the seabed, established a legal framework
regarding the delimitation and conceptualization of maritime spaces, such as the continental
shelf (which is the submerged portion of the planet's crust characterized for being a natural
extension of the emerged territory), paying special attention to the discipline of exploration
and prospection of the economic resources of those spaces. To this end, UNCLOS designed
institutions necessary for its implementation: the International Tribunal for the Law of the Sea
(ITLOS), the International Seabed Authority (ISA) and the Commission on the Limits of the
Continental Shelf (CLCS), the latter being a UN technical body responsible for analyzing
submissions from coastal States related to the outer limits of the continental shelf beyond the
beacons prefixed by the UNCLOS’ text, thus advancing on the ocean floor region originally
located outside national jurisdictions and defined by the Convention, together with its
resources, as a common heritage of mankind. The present study is interested in verifying the
jurisdiction (national or international) for the resolution of disputes that may occur in the
extended continental shelf that has not yet been definitively established according to the
procedure predicted by the UNCLOS. The subject matter is currently particularly attractive,
since mineral resources are increasingly scarce and the interest in the exploration of the
seabed and its subsoil has been growing, provoking a race for sovereignty over portions of the
continental shelf, as well as for the rights of exploration of reserved areas from the
international seabed. Using exploratory and descriptive research methodology, with a
qualitative approach by the hypothetical-deductive method and technique of data collection by
indirect documentation, and carrying out investigation of national and international
bibliography, in addition to documentary research examining Brazilian legislation,
international conventions and documents produced by national and international organisms, as
well as case studies from the International Court of Justice, the ITLOS and the Permanent
Court of Arbitration, this work gives an overview of the evolution of the Law of the Sea,
emphasizing its economic dimension and its codification process, then examining the
UNCLOS and the dispute settlement system established by it, finally proposing to analyze the
problem of the competent jurisdiction to settle disputes involving the extended continental
shelf claimed by a coastal State whose submission is pending consideration by the CLCS. The
study concludes by understanding that such maritime space is not under national jurisdiction
and therefore the conflicts related to it must be resolved before international courts or through
international arbitration.

The way of administering the State was not always delineated by democratic principles. The structuring of the managerial model of Public Administration gave rise to the approximation of the administered and the State's self-assessment in its role in realizing social and economic rights. With this perspective, the construction of this study permeates the entire historical foreshortening of the state administration, inferring its respective evolutionary process and the chain reaction resulting from the anxieties of each moment, in particular, the effects arising from the process of consensualism that, for its time, it provided opportunities for social participation in decision-making. This prefacial approach allows for a critical examination of the (un)availability of administrative sanctions and their consequent arbitrability. The justification for this is based on the need to scrutinize the legal possibility of implementing the arbitration mechanism in the analysis of acts of the State's disciplinary power, in order to imprint administrative efficiency on the underlying issue involved, for example, in the administrative contracts that they are paralyzed due to a legal dispute in this regard. And if it is possible to use this mechanism, the analysis would stop at the limit that should be established for the arbitrator in the assessment of administrative sanctions. Timely, this dissertation performs a comparison of the legal nature of the administrative sanction after the innovations arising from Federal Law n.º 12.846/2013 – Anti-Corruption Law – with the intention of demonstrating the availability of these interests and their consequent arbitrability. It is concluded, therefore, that the arbitrator's analysis can be made regarding all the structural aspects that motivate the application of administrative sanctions, except for the limitation that this extrajudicial judgment must adhere to legal criteria in the decisional examination of the submitted question. This research is based on an analysis of specific literature on topics of administrative law, constitutional law and procedural law, specifically sanctioning administrative law, in addition to the dimensioning of constitutional and infra-constitutional legal norms. The analysis is based on a systemic interpretation of the administrative action of sanctioning, defining it as discretionary and of a business nature.

The main scope of this work is to analyze how the political and regulatory frameworks, whether domestic or international, related to the migratory policy adopted in them, investigating the existence of its own regulation relevant to the issues of migrant women, especially women who migrate forcibly, dedicated to analyzing the effectiveness of these measures in combating gender violence suffered by refugee women. To achieve the proposed general objective, we will start from the analytical identification of data relevant to the migrant flow, in a more general perspective, highlighting possible differentiated treatment according to the migrant's gender. From then on, we sought, throughout the work, to understand the phenomenon of the feminization of migration, as well as the migratory flow under the aegis of the perspective of the foreigner (in national territory) and the national (in foreign lands), adopting the Migratory Policy in a approach in the light of International Human Rights Law. We also go through the investigation of vulnerability factors to which refugee women residing in Brazil are subject, mapping the migratory flow and the main violence registered with their respective circumstances, through the information provided in this regard. Finally, it discusses the sufficiency or deficiency of the regulations concerning the protection of refugee women both in international diplomas and in the framework of the Brazilian legal system, in order to verify the implementation of the human rights of migrant women and the norms of jus cogens to them applied. Thus, using the hypothetical-deductive and dialectical methodology, considering the independent, dependent and intervening variables, this research uses the technique and the analysis of indirect documentation with primary and secondary sources, respectively. Opting for the quanti-qualitative approach, which privileges an exploratory study of the reality presented by the data brought and its characterization of the social and legal reality, discovering answers to problems through the use of scientific procedures. It is concluded, therefore, that the methodological aspects used in this research are suitable for its realization and enable reliable answers to the dilemma of putting the Brazilian refuge legislation into effect, especially from a gender perspective. It flows into the central interest of this work, which is demonstrated in the proposed problematization, which, therefore, questions some of the many aspects raised by the gaps in the applicability of the national and international legal framework for the theme of refuge in its gender facet as a double vulnerability added by condition of refugee women. The main scope of this work is to analyze how the political and regulatory frameworks, whether domestic or international, related to the migratory policy adopted in them, investigating the existence of its own regulation relevant to the issues of migrant women, especially women who migrate forcibly, dedicated to analyzing the effectiveness of these measures in combating gender violence suffered by refugee women. To achieve the proposed general objective, we will start from the analytical identification of data relevant to the migrant flow, in a more general perspective, highlighting possible differentiated treatment according to the migrant's gender. From then on, we sought, throughout the work, to understand the phenomenon of the feminization of migration, as well as the migratory flow under the aegis of the perspective of the foreigner (in national territory) and the national (in foreign lands), adopting the Migratory Policy in a approach in the light of International Human Rights Law. We also go through the investigation of vulnerability factors to which refugee women residing in Brazil are subject, mapping the migratory flow and the main violence registered with their respective circumstances, through the information provided in this regard. Finally, it discusses the sufficiency or deficiency of the regulations concerning the protection of refugee women both in international diplomas and in the framework of the Brazilian legal system, in order to verify the implementation of the human rights of migrant women and the norms of jus cogens to them applied. Thus, using the hypothetical-deductive and dialectical methodology, considering the independent, dependent and intervening variables, this research uses the technique and the analysis of indirect documentation with primary and secondary sources, respectively. Opting for the quanti-qualitative approach, which privileges an exploratory study of the reality presented by the data brought and its characterization of the social and legal reality, discovering answers to problems through the use of scientific procedures. It is concluded, therefore, that the methodological aspects used in this research are suitable for its realization and enable reliable answers to the dilemma of putting the Brazilian refuge legislation into effect, especially from a gender perspective. It flows into the central interest of this work, which is demonstrated in the proposed problematization, which, therefore, questions some of the many aspects raised by the gaps in the applicability of the national and international legal framework for the theme of refuge in its gender facet as a double vulnerability added by condition of refugee women.

The present work deals with the study of the phenomenon of abuse of power committed by the State in the exercise of the power to tax, from the perspective of the financial autonomy crisis of the Brazilian Federal Tax State and from a systematic analysis that, in turn, considers the taxation as a tool for achieving the fundamental objectives of the Republic, especially that of reducing social and regional inequalities. Thus, the research aims to study the occurrence of abuse in the power to tax, starting from an analysis of the Fiscal State within the context of loss of global autonomy due to the financial crisis. From there, its direct consequence is approached, namely, the increase in fiscal pressure on taxpayers due to the need to maximize public funding. Using a qualitative research methodology of deductive hypothesis, the mismatch of fiscal behavior is discussed, whether in terms of the duty to pay taxes by the taxpayers, or in the exercise of the power to tax by the State, where there is a need to protect principles, values and rules in order to establish a tax morality that harmonizes the interests of these subjects. Finally, the work shows that within a context of clear material inequality in relation to the taxpayer, the Tax State practices several abusive acts that exacerbate the legal purpose of the taxing power attributed to it, which becomes a mere collection and without material limits, to the firm detriment of the fundamental rights of taxpayers. Thus, it is concluded that the State becomes the author of the practice of unlawful acts when it seeks to collect taxes within this context, which justifies the nullification of the acts practiced through an effective fight for the legal system and the accountability of those involved. Such combat is presented in the current reality in an insufficient way, generating as a consequence the institutionalization of abusive practices by which the State uses as tools to increase tax collection efficiency.

Since the end of the last century, new theories, motivated by the quantitative and qualitative expansion of international law, have developed the study of the relations between domestic law and international law based on a heterarchical paradigm, among which transconstitutionalism, proposed by Marcelo Neves, stands out. Among the various possibilities of its application, there is the relationship between international criminal law, notably from the Rome Statute of the International Criminal Court, and Brazilian law, around, among others, the following constitutional problems: the application of the sentence of life imprisonment, considering its prediction in the Rome Statute and its prohibition in the Federal Constitution; the delivery of a national citizen for trial before the international court, in view of the prohibition of extradition provided in the constitutional text; the imprescriptibility of international crimes in the face of the interpretation made by the Federal Supreme Court regarding the reserve of ordinary law. In this sense, it is intended to investigate the capacity of transconstitutionalism to offer resolutions to such problems, as well as probable answers. For this purpose, classical theories of the relationship between international law and state law and their limitations will be analyzed; the transconstitutionalism and, in particular, its proposal of transversal rationality for the intertwining between the international and state legal systems; international criminal law and the order built around the Rome Statute, which instituted the ICC, notably its foundations, objectives and governing principles; and, finally, the incorporation of that treaty to the internal system and its legislative and jurisprudential consequences. Throughout the work, a bibliographical and documentary research was carried out, involving, notably, the texts of the lectures by Heinrich Triepel and Hans Kelsen given at the The Hague Academy of International Law (dualism and monism) and by Marcelo Neves (transconstitutionalism). Thus, it is expected to contribute to the construction, initiated by Marcelo Neves, of the methodology of transconstitutionalism, as well as, indirectly, to the development of heterarchical theories in general and studies between

The research that is carried out aims to deal with the theme of existential minimum and
absolute poverty in the Brazilian scenario under the aspect of the principle of human
dignity as being the main foundation of the right to the existential minimum and the
fight against absolute poverty. The approach is limited to the Brazilian context, in order
to highlight how this theme is seen in the national political and legal environments, but,
while using international examples and models in coping with the problem of poverty
and the measures used in order to solve this issue. In this perspective, it aims to analyze
whether the right to the existential minimum, if it is effected by the State, can be an
instrument capable of contributing to the fight against absolute poverty and providing a
life that can be considered worthy, and even to ensure that the public assisted by this
right can achieve the optimal satisfaction and how this would be possible in the face of
the problem of hunger and misery that has plagued the country for years, individuals
and families to situations that clearly violate human dignity. In view of the foregoing,
the research is justified by the fact that the 1988 Constitution expressly enshrines the
principle of human dignity as the foundation of the Republic, the maximum value of the
legal order and the guarantee of a dignified existence, according to the dictates of social
justice, therefore, it is a legal imposition, cogently and coercively assured and not only a
moral duty of the State. Therefore, the hypothetical-deductive method was adopted,
starting from a general premise in which an analysis of the problem is made and then
the conclusion that the existential minimum can be an instrument for combating
absolute poverty, especially if associated with public policies that promote
entrepreneurship and can thus reach individuals and families, even a great satisfaction.

The work investigates the challenges of insertion in the labor market of LGBTQIA+ people. The birth and development of a career is currently one of the great challenges of a person's insertion in the labor market. It is not rare for young people, even fulfilling all the requirements to occupy a given position, to find it difficult to enter the labor market. At all stages of an employment contract, from pre-employment to the post-contractual stage, workers are subjected to bureaucratic, organizational and also moral challenges and routines, so that these circumstances lead to situations of exclusion and marginalization of some categories of employees on discriminatory grounds, even though this practice is prohibited by the Federal Constitution. That said, it should be noted that if the company considers the personal conduct of a worker to be improper, it already unjustifiably dismisses him, which may even generate a stigma on the worker who pursues him during his career and prevents him from being on an equal footing with other professionals who have the same qualification. This does not mean that the employer does not have its directive power over the employee, however, this does not justify the employer creating discriminatory elements due to personal conduct not approved by the company, distinguishing, for example, from lower wages, unequal benefits, to prevent salary readjustments, postponed vacations, without a plausible reason. There are those who understand that the situations highlighted here reflect a form of structural violence resulting from a historical process of conduct sometimes confirmed by cultural elements, which ends up excluding and marginalizing certain groups of people, so that its members are in disadvantaged situations without an acceptable foundation which hinders the performance of a labor activity. Furthermore, this prejudice favors a hostile work environment, where the worker feels oppressed and for fear of reprisals, they adapt to unfounded demands or abusive conditions to preserve their job. It is known that various social groups are included in this scenario, such as: women, blacks, workers affected by some disease, however, this work aims to address discrimination in the labor market of the LGBTQIA+ group. For this, it is essential to analyze the international documents that deal with discrimination in the labor market. The objective of this work is to analyze, using descriptive methodology, the constitutional foundations of the principle of non-discrimination, in light of the principle of equality as well as the dignity of the human person; and its impact in favor of the worker, regarding the prohibition of discrimination in the labor market.

Employees suffering from cancer, in view of the stigma associated with the disease, are subject to discrimination, even being fired without just cause, which gives rise to labor claims in which the discriminatory nature of dismissal is discussed. Considering that Convention No. 111 of the International Labor Organization (ILO) is the main norm of international labor law in combating discrimination in labor relations, its use by the Superior Labor Court (TST) in the assessment and judgment of actions on dismissal without just cause of employees with cancer is the object of this study. The normative content of human dignity was analyzed, from the perspective of equal dignity (chapter 1) and its corollaries, the principles of equality and non-discrimination (chapter 2), in addition to the structuring of the ILO, the procedure for drafting the Conventions and specifically ILO Convention No. 111 (chapter 3), through bibliographic research. Finally, TST decisions were analyzed that, in the period from January/2016 to June/2021, mentioned ILO Convention No. 111 in the solution of actions on discriminatory dismissal of employees with cancer, through the tool "Research of Jurisprudence" ( new system), available on the TST website. Mentions to ILO Convention No. 111 were classified by qualitative criteria, into direct mentions (the international standard was used as reasons for deciding) and indirect mentions (the international standard was included in the appealed decision or in the citation of judicial precedents). Finally, adopting as a criterion of relevance the existence of direct mention in decisions representing a percentage greater than 50% of the sample, it was concluded that Convention No. 111 of the ILO was relevant, being mentioned directly in 53.62% of the decisions examined, in addition to being implicitly present in the decisions that invoked Precedent No. 443 of the TST, as this statement of jurisprudence has, in almost half of its precedents, direct mention of the international treaty under discussion.

This dissertation aims to analyze affirmative policies with racial criteria as tools tocombat structural and institutional racism, aiming to promote development in Brazil, from a democratic perspective, from the perspective of the 1988 Constitution. For that, it explores the theories of development, as well as the importance of the racial perspective in the elaboration and execution of projects in this field, in order to promote racial equality and development, with a view to being objectives of the Brazilian Republic. Thus, the inclusion of people is analyzed after the publication of Ordinance No. 13/2016 by the Ministry of Education – MEC, which provides for the induction of affirmative actions in the context of graduate studies. Considering that Brazil is a country whose majority of the population is black and that there is a deep inequality between racial groups, the stricto sensu postgraduate course is taken as a cut-out, due to the strict requirements for entering this level of education, choosing itself for specifically studying Law programs, given that it is a historically elite area of knowledge. This is an exploratory research, carried out through a literature review, whose method used is the dialectical historical materialist. The study used the interpretation of quantitative data to observe the presence of black people in these courses, as well as interviews with students to understand exclusion factors and development perspectives for this group through education. Finally, it is concluded that, despite having the status of objective of the Brazilian State, racial equality does not materialize in Masters and Doctoral courses in Law, because, in comparison with the group of whites, blacks are a minority among students, demonstrating that racial affirmative policies alone are not enough to resolve issues related to racial inequalities and promote the development of this group. Furthermore, it is clear that the entry of black people, even with the adoption of affirmative actions in the selection process, does not occur without the emergence of obstacles related to institutional racism and socioeconomic issues. On the other hand, those who access it experience economic, social and cultural changes in their lives, which highlights the importance of continuing racial affirmative policies, as well as the need to make them more effective.

This is a work on the social and legal effects of the multispecies family especially in the context of the dissolution of the marital bond in the Brazilian scenario. We sought to understand this kind of family as a social, cultural and legal phenomenon, based on the text of article 226 of the Federal Constitution and the behavioral studies analyzed. Considering the relevance of the theme and its breadth, our approach to it was limited to the recognition of animals as subjects of rights and members of multispecies families, and to the hermeneutic analysis of some court decisions dealing with custody, visitation and food in favor of animals, with the ultimate goal of discussing the perspective of building basic positive rights in their behalf, in the context of procedural law, mainly. By adopting this viewpoint, we aim to provide to the debate regarding the procedural premises that involve animals, which are little discussed by the doctrine and which are fundamental for the construction of a decision that is coherent to the legal treatment of these beings as subjects of rights. In this perspective, we developed our study with dialectical, historical (historiography), hermeneutic-dialectical, hermeneutic and documental methods. We undertook theoretical efforts to build a conceptual basis regarding the multispecies family, and, from that, to analyze the interpretative horizons of the court decisions on the cases under study, confronting them with the foundations of the animalist doctrine built so far. Thus, we noticed that analogy is inadequately applied in decisions since there is no consistency in the discourse on the legal nature of animals and the applicability of the institutes of Family Law. Therefore, the Legislative Power must act to ensure the interests and rights of animals; nonetheless, this does not mean the complete apathy of the Judiciary, which can respond to social demands, however, conforming its discourse to make it coherent with the constitutional provision of article 225, §1º, VII, and with the animal dignity that derives from it.

The present work deals with the institutional rise of the Judiciary in the contemporary
Brazilian scenario, highlighting the preponderance that this constitutionally established
institution has acquired over the years, assuming extreme importance within society, playing
an active role in the realization of Fundamental Rights, whether suppressing omissions or
correcting distortions resulting from the performance of the Legislative Power with regard to
the elaboration of norms, or the Executive Branch with regard to the implementation of public
policies. In this context, the principles of the Supremacy of the Constitution and the
Separation of Powers will be addressed, as well as the historical evolution of state models to
this day, relating these aspects to the problem of the realization of Fundamental Rights. The
research has as its starting point the question referring to the following problem: is the
institutional rise of the Judiciary in the Democratic State of Brazilian Law being an
appropriate phenomenon to achieve the full realization of Fundamental Rights or would it be
violating the principle of Separation of powers? The study of the selected theme is important
due to the fact that this preponderance of the Judiciary is causing a significant tension
between the State Powers, bringing up the discussion about the harmony of powers and the
survival of democratic principles, bringing about a complex debate about the practice of
possible judicial activism, which brings relevant political impacts, economic and social rights
to the population and which are directly related to the realization of constitutionally foreseen
Fundamental Rights, essential to provide a dignified life for all citizens. Given the problem
presented, the main objective of the work is to analyze this rise of the Judiciary in
contemporary Brazil, based on the principle of Separation of Powers, confronting it with the
need for the full realization of Fundamental Rights, in order to establish what should prevail
in cases where they prove conflicting. The methodology used to carry out the research
consists of an applied research, with a hypothetical-deductive and qualitative approach, with
descriptive objective. Also using the dialectical method, demonstrating the thesis and
antithesis of the general objective of the present study, to better understand the theme, in
order to reach a conclusion about which doctrinal concept would be the most pertinent to be
adopted. At the end of the research, after the considerations favorable and contrary to the
institutional rise of the judiciary, it was concluded that, despite the apparent instability that the
judicialization of politics and, especially, judicial activism, in the usual conception of the term,
can bring to the spheres of power, the action of the judiciary is indispensable in the search
for the effective protection of fundamental rights and the Democratic Rule of Law, given that
when pursuing the guarantee of Fundamental Rights, embodied in the very text of the
Federal Constitution of 1988, the Judiciary can and, often, has the obligation to participate in
the decisions typical of other powers of the State without this implying in an affront to the
principle of Separation of Powers.

In the present study, the acts of international legal cooperation carried out within the scope of the Federal Justice of the 5th Region were analyzed, based on the processes available in the Electronic Judicial Process System. The research aims to draw a profile of this performance in the Judiciary Sections that make up that jurisdiction, analyzing the effectiveness in the execution of the samples collected, verifying data relating to the requesting countries, the nature, species, distribution and degree of compliance with these acts. We start from the hypothesis that, as in all areas of human activity, there are possibilities for optimization, despite the high degree of excellence of the services provided by the Federal Justice. The examination of this theme is justified, both from the perspective of domestic law, considering the changes in Brazilian procedural law, and in relation to international law, in view of the dynamics of that cooperation in the face of the growing human flow between States, which often feeds the risk of impunity to offenders, due to the limits of national jurisdictions, arising from sovereignty. Thus, for the reader, the work provides an opportunity to deepen the respective procedural field; For academia, it serves as a theoretical basis, based on bibliographical studies and an empirical analysis; For the legal community, it serves as a source of procedural knowledge, portraying practical realities related to the topic. Thus, aiming to analyze rites adopted in international legal cooperation, in the first degree of federal jurisdiction, normative aspects that regulate them were described, the quantification of electronic processes containing samples of acts of this activity, in addition to observing the judicial structure for receiving, processing and compliance with them, analyzing their satisfaction, problems and possible solutions. To this end, the related legislation, pertinent doctrinal and jurisprudential positions were consulted, as well as quantitative data, converted into graphs, and finally advancing to a qualitative analysis. The conclusive method used in the investigation will be inductive, that is, after considering a sufficient number of particular cases, there will be a conclusion about a general truth on the subject.  

The post-1988 Brazilian normative experience
demonstrates that the express cataloging of social rights in the
Constitution of the Federative Republic of Brazil is still insufficient to
guarantee the realization of the basic conditions for a dignified life for all
citizens, largely frustrating the constituent commitment signed by the text
promulgated on October 5, 1988 and reinforced by the one hundred and
eleven Constitutional Amendments and six Constitutional Revision

Amendments to date. In this context, the social right to housing, included
in article 6, based on the wording given by Constitutional Amendment nº
26/2000, is a clear example of the insufficiency of public policies and the
infra-constitutional normative framework in allowing the recipients of the
state obligation to be , in real and concrete terms, adequately benefited,
which is revealed in the face of the existence of a housing deficit and of a
precarious scenario of urban housing, acting as an obstacle to the
protection of human dignity, one of the foundations of the Republic. In
this context, the real estate activity developed by the private sector, with
encouragement and promotion of housing programs and regulated by the
legislation of federal entities, is an essential element to reduce the
housing problem in the country, allowing not only the increase in stocks
of residential units , as well as the improvement of existing housing,
especially in urban densifications, which, in addition to raising the quality
of life in cities, allows for the optimization of urban land occupation based
on adequate and consistent planning by the municipalities. Indeed, real
estate contracts involving purchasers who seek access to housing, from
the perspective of protection of the Consumer Defense Code, are the
object of inquiry in this dissertation, verifying the effects of the wrongful
resolution of real estate legal transactions and the consequent frustration
of its primary objective of facilitating the realization of the constitutional
right to housing. It analyzes the understanding of Precedent nº 543 of the
Superior Court of Justice and its effects on the execution of contracts
involving purchasers-consumers in search of access to housing through
the acquisition of property, all considering the theories of horizontality of
the effectiveness of fundamental rights in relationship between
individuals.

The vicissitudes of the contemporary world of legal practitioners have an increasingly dynamic posture in the face of the social reality that is imposed on them. This evolutionary aspect is inseparable from Legal Science and reveals, even more forcefully, in an era marked by technology. This new paradigm stems from the fact that, in the context of the information society and Big Data, intersubjective relationships take on new contours, for whose proper delineation it seems relevant to resume the ontological essence of the human being and its dual condition of subject and object of rights, an end that it is possible to better support any extension of your personality. Based on such premises, it starts with the dogmatic construction of personality rights and theories relating to private life and intimacy, in order to delimit an individual legal sphere of the human being. Then, the analysis of the normative content of the dignity of the human person is carried out, from which it becomes possible to investigate the hermeneutic scope of the fundamental rights related to the protection of personal data, based on a gravitational constitutional paradigm, the in order to emphasize the centrality of the Fundamental Law in the legal system. The objective of this study, therefore, is to present a basic core of personal data protection from the structuring of the concept of intimacy as a fundamental individual right, demonstrating. Therefore, an essentially qualitative approach to the proposed theme was carried out, without neglecting, however, the hermeneutic analysis required by the scope of the work. With the priority use of the deductive method, bibliographic research was adopted as the main technical procedure used. Despite being related to the relatively recent theme and still controversial in several aspects, especially for the legal field, it is clear that, given the current economic model based, also on the exploration of the personal information of individuals, as well as considering the potential practical implications underlying this scenario, it is understood that the proposed theme is a matter of considerable legal and social relevance.

Social Reproduction Theory redeems the concept of social reproduction developed by Marxist
Feminism for a unitary construction of capitalist social relations that better captures the
Marxian category of social totality. Therefore, as a social theory, the Social Reproduction
Theory contributes to formulate theoretical explanations about social phenomena, including
the object of this research: the global increase of women’s criminalization under
neoliberalism. Thus, in order to theoretically analyze the global increase of women’s
criminalization since the advent of neoliberalism, this dissertation proposes a dialogue
between the Social Reproduction Theory and the Marxist Critique of Law, formed here by the
combination of the classical critique of the legal form by Evguiéni B. Pachukanis and the
recent theory of social-legal reproduction of capitalism theorized by Guilherme Gonçalves.
This is, then, an explanatory research with a qualitative approach, which uses bibliographic
and documental review techniques, based on the dialectical historical materialist method that
informs the theoretical frameworks of this research. This dialogue in the historical materialist
dialectic pointed to the two essential dimensions to analyze the overall increase in the
criminalization of women in neoliberalism: inserting both the sphere of social reproduction
and the legal phenomenon in capitalist social relations. Thus, it was concluded that the
criminalization of women is a stage of legal violence arising from capitalist expropriation for
the purpose of social discipline and that it is in the context of the crisis of neoliberal social
reproduction that the conditions by which more women have become criminalized have been
formed. Therefore, by establishing the criminalization of women as a determinant of
neoliberal capitalism, this dissertation contributes to the collective project of Social
Reproduction Theory to understand which are the points of determinations and/or
contradictions that must necessarily be understood as constitutive of the capitalist system in
order to then be considered for its overcoming within it.

Water is an essential asset to life and in the face of the uncertainties of the availability of an indispensable but limited resource, shows the international concern to guarantee its access as a human right. Water being a public good, it is questioned how the right to physical, social and economic access to water could be guaranteed, especially when the resource is on private property in regions of water scarcity, and, being an insum for economic activities, how its access could drive development. The present study aims to analyze whether access to water would be
a fundamental right and an instrument to achieve development, seeking to delimit the protection given to water resources at international and national level, its legal nature as a legal good, the possible means of access to resources and the viability of public policies to promote social justice and development. For this purpose, the dialectical method was predominantly adopted, using the deductive and inductive methods, in the background. The operationalization of this approach was carried out through theoretical-empirical academic research, being qualitative
research. The results indicate that access to water was recognized by the United Nations as a human right, however, the published resolutions are in the sphere of soft law, without mandatory force with nation states. There are disagreements between Brazilian doctrinators regarding the legal nature of the legal good water. By the Constitution of the Republic of 1988, it is a common use of the people, because it is an environmental good. The idea of absolute and unlimited right to property no longer prevails, since it is a requirement for the existence of this
right to perform its social function, and it must have the property a social purpose and its use
does not not comply with the right to the ecologically balanced environment. There is no need to talk about private ownership of the waters, and we should seek means to ensure their access to all. They were identified as institutes present in the national order that allow access to water when located in private properties the areas of permanent preservation, marginal land and servitude of passage. Access to water is applied the norms of fundamental rights attributed, since its positiveity has not been incorporated into the legal system, although the Proposed
Constitutional Amendment Nº. 6/2021 is in the final phase of voting in the House of
Representatives and already approved by the Federal Senate. The fundamental right to access to water can be treated as a multifunctional right, with individual, collective, environmental and developmental-eficational functions, also being a freedom that must be guaranteed as a form of social justice and promoter of development. However, the management of water resources in Brazil is still insufficient to guarantee the necessary availability for the entire population, particularly due to planning and management problems, which can be demonstrated by the current water crisis faced by Brazil.

The structural injunctions represented a turning point in procedural law, as it brought the possibility of a gradual treatment of the demand, without the exhaustion of the sentence. Structuring measures aim to implement fundamental rights, implement certain public policies or resolve complex disputes, and are applied over time, through successive actions whose execution is closely monitored by the court.
We can contribute to the decision-making process with the collaboration of the parties and others interested in resolving the demand, which, according to the procedural principle of cooperation, would be able to help the magistrate in the formation of more democratic and balanced decisions. In this task, the contribution of the Habermasian Theory of Communicative Action proves to be useful and fruitful.
There has been common talk of structuring measures aimed at collective litigation. This work proposes a reflection on the possibility of its application to genuinely private demands. To this end, it outlines a brief overview of judicial activism, the history of the structural process and, later, talks about the movement of constitutionalization of civil law and the possibility of applying structural measures to judicial reorganization processes, possessory actions and to combat moral harassment within companies.
Finally, it conceptualizes the means of self-composition of conflicts and proposes them as structuring techniques and tools for handling by the judge, effective in the democratic resolution of controversies, overcoming the classic procedural model of the sentence as a finalizing pronouncement of the litigation.

This dissertation deals with structural processes in the Brazilian constitutional jurisdiction with emphasis on dialogical instruments of participation. Faced with the omission of the other Powers, the control and implementation of public policies by the Judiciary through structural processes is the way to maximize the effectiveness of fundamental rights, in order to ensure the existential minimum to the citizen. However, the legitimacy of the Judiciary in this activist posture is questioned in light of the principle of separation of powers and the possible arbitrariness in the exercise of this function. The crux of the matter is how to implement these rights in a civil procedure markedly individual. In view of the challenges to solving problems in complex and multipolar litigation, there is a need to strengthen the collective character of the process and to rethink the available dialogic instruments, foreseen nationally and internationally, aiming at a collective process compatible with the peculiarities of structural problems, since there is no current structural process as such. It is necessary to have a democratic structural collective process that observes a flexible, dialogic procedure with consequentialist decisions. For the development of this work, we used a qualitative research and a descriptive level of investigation. The approach method is hypothetical-deductive, through the analysis of bibliographic and jurisprudential material, in addition to the normative devices related to structural processes in a Social and Democratic State of Law.

This dissertation investigates how the freedom of expression established in the Federal Constitution is inserted in the context of the democratic regime, considering its current form of externalization through social networks. In this context, the possibility and forms of limiting the freedom of expression are questioned, considering the normative establishment of the institute in the 1988 Constitution and in decisions of the Federal Supreme Court. The theme is vibrant and current, as although the doctrine tries to conceptualize the institute, there are few studies on how such freedom is exercised in the context of the internet, with an intense debate in societies to define the limits of freedom of expression and whether the referred fundamental right is subject to regulation by the State. Judicial decisions that define the concept of freedom of opinion and its limits are evident in the daily news, considering the increasing proliferation of hate speech. In order to develop the analysis of these questions, an attempt was made to investigate the concept and limits of freedom of expression in accordance with the Brazilian normative framework. Thus, it starts with the construction of a constitutionally adequate concept of democracy, investigates the characteristics of human communication in social networks, analyzes models of interpretation of the institute that are very different from each other: the American and German models. At the end, it investigates which of the two exegetical paradigms would be in line with the Brazilian legal system and its sociocultural framework, based on a critical analysis of the conceptual modalities presented. Thus, an applied research was carried out, using the hypothetical-deductive approach as a conceptual and exploratory model based on a qualitative approach to the identified problem. In the end, it concludes for the lack of secure beacons based on the jurisprudence of the Federal Supreme Court, able to provide the interpreter with a magnetic north to set limits to freedom of expression and seeks to contribute to the delimitation of an interpretation of the institute in Brazil, pointing out that an anchored approach from the perspective of German communitarianism, it would be more in line with the Brazilian legal system and its historical-cultural tradition.

The decisions issued by the Courts of Auditors characterize the relevance of the body in the
economic and social sphere of the State. These are decisions that delimit the possibilities of
transfers of resources, impact the development of public policies and, also, can reach the
personal sphere of the responsible public agent with the application of civil and administrative
sanctions. In this sense, this dissertation aims to explore the constitutional foundations of
sanctions applied by the Courts of Auditors and identify whether these control institutions would
be interpreting their sanctioning competence as an end in itself. The investigation of scientific
literature was developed through a theoretical-descriptive research, with the methodology
advocated by legal dogmatics, based on a normativist perspective of Law, but which recognizes
the importance of legal principles in the Positive Law system. The adoption of this method
allowed us to structure the work in three chapters that serve as a basis, in the theoretical
foundation, to identify how the control of Public Administration by the Courts of Auditors is
inserted, the elements that legitimize the exercise of its sanctioning competence, sensitive to
particularities inherent to the administrative activity and the requirements that are specific to it,
as well as examining each of the sanctions under its charge individually. At the end, using
Jurimetry, the fourth chapter also uses empirical research with materials and data provided by the
TCE/RN, aiming to present, measure and discuss, quantitatively and qualitatively, the
application and effectiveness of such sanctions. In fact, the final product of this work will be a
regional study on the subject that will serve both for academia, in order to promote the study in
this area, as well as for society, public managers, and so that the TCE/RN itself can learn about
the limits, possibilities and effectiveness of exercising their sanctioning competence.

The research studies through the analysis of political and economic instability the effectiveness of the protection and application of constitutional principles and the effects of the Amendment of the public spending ceiling on Development. From the democratic point of view, this study considers that there are reflections on the strengthening of relations in the face of the necessity and opportunity of legislative actions. The main hypothesis of the need of increment the democracy was worked out. As a first step to research, a study was carried out on the doctrinal view of the main points concerning democracy and the maintenance of rights. In particular, concepts and theories necessary for the hypothesis of the need to reduce economic and social inequality and Development in its political and constitutional nuances were pointed out. Development was discussed in relation to its senses, its treatment as a value, its obligations within the Brazilian state and its financing, based on national doctrinal understanding and aligned with international action. The investigative approach focused on fiscal and austerity policy, specifically Constitutional Amendment No. 95/16, known as the amendment of the public spending ceiling, under the Development approach. A more comprehensive view of the issues surrounding the application of constitutional guarantees was sought. It was sought to confirm that the result of the multifaceted development theory, which besides economic growth, involves certain guarantees and at the same time needs them, since these are instruments of that. Therefore, it has been perceived that the consolidation of democracy, through the eradication of poverty and the reduction of inequalities, not only promotes the political stability necessary for constitutional guarantees but is also the basis for Development. This implies economic growth and improved quality of life. Meanwhile the analysis of the effects of Constitutional Amendment no. 95/16 points in the opposite direction since it increases social inequality and the maintenance of poverty. It was also observed that the international economic sphere confirms this assertion, by measuring the international obligations assumed by the Brazilian State. Once these considerations have been made, it is possible to measure a legal basis for the causes involving the issues of poverty eradication. In particular, regarding the hypotheses of revocation of actions by the executive or legislative that promote the syncope of Development, such as Constitutional Amendment 95/2016.

The present work deals with the duty of conventionalization of the Brazilian migratory legislation, standing out as recent normative changes of the New Migration Law (Law 13,445 / 2017), of the infralegal instruments that promote its use and also the infralegal instruments adopted during the period of pandemic caused by the new coronavirus, which restricts the entry of immigrants in Brazil. To do so, use norms from international of regional scope, once of having the Conventionality Control expressly used by Inter-American System for the Protection of Human Rights, showing as essential or the knowledge of the normative norms derived from this system, as well and on the exercise of the Conventionality Control. In the same sense, it is studied the theme of migrations instilled in the Brazilian constitutional evolution, emphasizing the implemented legal norms and their regulamentation infralegal. Therefore, the question is the conventionality of Brazilian legal protection in migratory matters in the light of regional normative instruments. The hypothesis is that, although the Migration Law seems to be an adaptation of domestic law in the light of inter-American norms, the Brazilian State has violated it as a promotion assumed by editing unconventional (infralegal) normative acts on the subject under consideration. In this line, this work has as objective to demonstrate or duty of adequacy of the legal system in face of the international norms, as well as the possible unconventionality of infralegal instruments that restrict or mitigate the rights of migrants. The methodology adopted involves bibliographic research on inter-American and Brazilian law and doctrine, jurisprudential research on decisions emanating from the Inter-American Court and the Brazilian judiciary, which is related to the rights of people in situations of study, adopting the deductive method for measuring relative to privacy. or not to do Brazilian planning. This exercise demonstrates importance, whereas non-suitability of internal legal ordering (in light of international commitments) can generate international responsibility for the State. Finally, notes the unconventionality of several devices of the infralegal instruments that regulate the immigration policy in Brazil.

The Constitution of the Federative Republic of Brazil provides that education is a right for all and a duty of responsibility of the family and the State in collaboration with society. The ways of carrying out the fundamental duty to educate on the part of the State are already provided, in part, in the Brazilian political charter itself, which establishes a list of attributions to be developed by the state entity, so that the individual enjoys full access to schooling. However, with regard to the duty to educate with regard to the family, the Constitution does not provide an express orientation that indicates the limits of the legal responsibility or of the family's primary duties in fulfilling this duty. In this sense, in line with the rigor of scientific research and through the guidance of the legal doctrine of the theory of fundamental duties, especially that adduced by Nabais, Diaz, Martínez, Siqueira, Faro, Mendonça, Millás, Canotilho and Sarlet, the dissertation has, by theme, the fundamental constitutional duties and, by object of study, the sphere of legal-constitutional responsibility of the State and the family in fulfilling the individual's educational duty. Starting from the work research problem, which consists of investigating whether limits and distinct spheres of responsibility can be evidenced, both by the State and the family, in the implementation of the duty to educate, the objective of the work is to discuss the fundamental duty of education in Federal Constitution of 1988. It is concluded that, with regard to the fundamental duty to educate, different tasks can be established for each of the agents responsible for that duty: the State has competences related to formal education and the family are given attributions related to education formal, informal and non-formal, all developed in collaboration with society.

Brazil has been experiencing a serious public security crisis in recent years. Although the Constitution of 1988 raised the status of the right to public security, creating for the first time a chapter dealing only with this right, this did not reach the creation of efficient public policies in this area. The advance of organized crime and the expansion of these organizations to the North and Northeast regions of the country resulted in territorial disputes and increased homicide rates, which are higher than in countries at war. In the face of this crisis, which shows a serious violation of the fundamental right to security, the solution must involve the application of the principles and foundations related to the theme, as well as the State, through dialogue between its actors (Executive, Judicial, Legislative and Public Prosecution) and with society, civil society in general and the academy. In this sense, due to the functions of the Public Prosecution defined by the constituent, mainly criminal prosecution and external control over police activities, its role gains relevance. In this context, the study aims to analyze, through deductive and documentary means, with bibliographic support, how the performance of the Public Prosecution can lead to efficiency in security management,  based on a constitutional approach, considering the possibility of creating mechanisms for monitoring the police activities. After studying the right to public security as a fundamental right, we can identify some factors that influenced the public security crisis experienced in the country. Then, it deals with the mechanisms for an efficient public security management, with a focus on the treatment of public security as a public service, to, after, list the most traditional forms of performance of the Public Prosecution in criminal matters. It should be noted that the traditional performace of the Public Prosecution in trying to solve problems in the provision of public services, through the judicialization of demands, has not been very effective. Thus, it is evident that one of the best ways to bring efficiency to public security management is through the extrajudicial performance of the Public Prosecution. Among the forms of this performance, the performance through continuous auditing and promoting accountability for the deviations practiced stands out. In addition, there should be more dialogue between the Public Prosecution and other public institutions related to public security.

The Psychiatric ReformLaw has changed the whole policy of the person with mental disorder’s treatment system, recognizing the inclusive dynamics and the primacy of out-of-hospital services. The Statute of the Person with Disability, incorporated precepts of the Convention on the Rights of Persons with Disabilities, whenchangedthe system of capabilities, has recognizedthe autonomy of the human being as a founding value in relation to treatment and hospitalization, with the exception of emergency measures. The human mind has specificities, and people may not have the self-determination necessary to perform acts in civil life, including in the field of consciousness in relation to the need for treatment for the preservation of one's own life, and it seems indispensable the interface with other knowledge, especially psychiatry. In this correlation, the dissertation approach theproblem regardingthe violation of freedom and dignity to the detriment of the law of psychiatric reformandthe dilemma about the non-consensual treatment as a necessary means for the preservation of health, life and dignity in face of the state duty of protection inherent to the objective dimension of fundamental rights, imposing the treatment as a measure of protection and rescue of the self-determination of the person with mental disorderin a situation of crisis and vulnerability. In this sense, a panorama of the mental disorder and the national and global problems will be outlined. The history of madness and asylumswill be analyzed, the regulation of the rights of people with mental disorder, including comparative law, outlining the conflicts in mental health in the legal and interdisciplinary context. Self-determination as a fundamental right and an element of human dignity will be discussed, focusing on informed consent and human limitations, as well as on the dilemmas related to freedom and the State's duty to protect in the context of restricting rights. Finally, the constitutionality of Law no. 10,216 will be analyzed in accordance with proportionality, addressing national, regional and local judicial decisions, paying attention to the need or not for express constitutional authorization for the restriction of fundamental rights, especially in the sphere of human self-determination, with emphasis on the constitutional justification ofstate intervention, bythe investigation of the legality of the purpose and the means, the adequacy and necessity in relation to the purpose of the norm, presenting, at the end, constructive proposals in relation to the issue. For this, the study, of exploratory and descriptive nature, with qualitative approach and deductive method, bybibliographical research, is intended to evaluate the formal and material constitutionality of forced psychiatric admissions, under the bias of proportionality, as a methodological criterion that legitimizes the burden of state justification in the intervention in fundamental rights of people with mental disorder. 

In the last decades, there has emerged a need for strategies that take into account a fair relationship between natural environment and economy. In this new scenario, the theme of development has its precepts widespread as the central focus in diverse legal diplomas and international discussions. According to its precepts, the development process must consider sustainable practices that assure the protection of the environment, in such a way that both present and future generations are able to keep a healthy quality of life. With this in mind, the present work will address the need for the industrial sector to adapt to the constitutional directives for sustainable development, as stated in articles 170 and 225 of the Federal Constitution, articles 2 and 4 of the Law 6938/81 – National Environmental Policy, and the Sustainable Development Goals by the UN. This approach is justified by the reality of the fashion industry, which is contrary to the constitutional and legal precepts of sustainability, requiring a process of reindustrialization. Therefore, we propose a replacement of the traditional production models, currently used by the sector to develop itself, and the adoption of investments in Green Economy and Circular Economy, among others. Furthermore, we aim to demonstrate that an ascending genre of consumption, the conscious consumption, from the perspective of new business models within the fashion sector, is being motivated by the collaborative economy, contributing to the establishment of sustainable development possibilities. Defined the issue, we will evaluate the future possible scenarios, based on what is being diffused by new production trends in the clothing sector, that are winning market space. Finally, we note the outlines of the topic at hand on the current pandemic scenario, its effects on the economic market of goods and services and the dichotomy of sharing and social isolation practices. To attain the desired goals, we use a qualitative, exploratory approach, as well as a deductive method, starting from the analysis of legal provisions and bases, as well as institutes, concepts and characteristics correlated to the main objectives of this study. In addition, the theoretical nature of the research is based on dogmatic practices, bibliographic research, academic works, journalistic articles. We conclude that the fashion industry needs to reinvent itself, adopting in its development process practices aligned to the principles of sustainable development. This possibility can become real in face of the trend of new business models that prioritize conscious consumption practices and collaborative economy. 

Regulation represents a natural path for state-owned functions. Management, fomentation and public services are the three most important functions for the actual role of public administration. Organic decentralization of public administration services is another step to a regulatory administration of recognition to asymmetric environments that demands a very specialized activity from the State.  On the other hand, all those mechanisms mandatorily had to respect legal order, even during different terms they were on running. Therefore, the direction of current rules legitimates those mechanisms. Studying concepts and limits of legal norms, public functions and activities, legal regimes is a way to legitimate the objectives of public administration. If the theories of public services gave an autonomy on State legal regime to management laws, regulation theory means their emancipation. This study becomes even clearer when new modalities of economic activities face up to activities regulated by the government and current regulations, such as digital platforms that offer individual transportation of passenger services. Those modalities are called disruptive innovation and they affect economy and regulatory environment. The main objective of this study is to conciliate legal order to these new ways to offer activities and do not forget legal dogmatics.

In the last few decades, it is possible to see that the international community has shown greater concern for the preservation of the environment and has sought to implement practices that are notably sustainable. Thus, significant advances have been achieved, even if at a slow pace, since 1972, with the United Nations Conference on the Human Environment in Stockholm. Another landmark of great importance was the United Nations Conference on Environment and Development, in 1992, in Rio de Janeiro. The insertion of the right to the environment as one of the fundamental rights of the human person is an extremely important milestone in the construction of a democratic, participatory and socially solidary society, its direct influence on the degree of development of nations being undeniable. In this context, understanding the environment as a set of conditions for human existence, the Federal Constitution of 1988 took care to devote a chapter to its protection, with the praiseworthy intention of defending and preserving it for present and future generations. In addition, one of the 17 Sustainable Development Goals that must be implemented by all nations by 2030 is to achieve sustainable management and efficient use of natural resources. Nevertheless, damage and environmental disasters have occurred frequently, with increasingly extensive and permanent effects, which can be perpetuated for generations to come. With a view to environmental protection, the promotion of sustainable development and, therefore, the awareness of society, it appears that some countries have used taxation as a way of preventing and mitigating damage to the environment. The recognition of environmental concerns in the tax field demonstrates an advance in the understanding of the tax in its social character, since they can be used to achieve the common good, as instruments for the implementation of public policies, serving as guidance to the behavior of taxpayers and awareness on the other hand, generating the resources due. Thus, the present work is prepared to analyze the real aspects and contours of environmentally oriented taxation in the achievement of its primary purpose, namely, the effectiveness of environmental protection and sustainable development in the Brazilian scenario, which is, therefore, its general objective. We opted for the deductive method, carrying out a qualitative approach and theoretical research, reviewing the legal literature and legal bases on the subject, in order to achieve the desired results. In the methodology, bibliographic and documentary research was used, with emphasis on the existing doctrine and other publications related to the subject, such as related legislation, online research, among others. In the end, based on the synthesis of the main ideas established in the course of the work, it is concluded that it is possible to use tax figures as environmentally oriented instruments, with a view to the effective promotion of environmental preservation and social well-being, requiring a policy attentive and sensitive to the particularities of the national scenario, as demonstrated.

Based on the influence of the legal system of commom law in Brazilian law and the provision of the 2015 Code of Civil Procedure and its democratic protagonism, supported by a procedural system of cooperation, two implications stand out: the imposition of the duty to substantiate judicial decisions and the formal incorporation of judicial precedent. In conceiving the grounds for judicial decisions as a fundamental procedural right, the purpose of this dissertation was to analyze how the construction of a truly grounded judicial decision influences the creation of a democratically legitimate judicial precedent. In this perspective, the rationale of judicial decisions in its constitutional bias is exposed as a requirement of the legitimacy of the act of deciding, at the same time that it portrays her procedural issues. It is evident that the judicial precedent demands, for his correct application, that the judicial decision based on it demonstrate a full link with the ratio decidendi. It is understood that the ideology of a democratic process is correspondent to the extent to which the judicial decision, through its grounds, meets the procedural dialectics, considering that it is a subjective right of the parties to have access to a truly reasoned decision, thus there is a social acceptance of that decision. Therefore, it is suggested to resign the judicial precedent by means of a dialogical creation of the judicial decision, demanding adequate grounds in favor of legal security and a better connection to the decisions of the Supreme Courts, guaranteeing the reliability and stability of the precedent in the adequate jurisdictional practice, especially in face of the transformations of society. The methodology used was the bibliographic research, with emphasis on the existing doctrine and other publications related to the subject, such as related legislation, articles, among others, with the use of the deductive scientific method and qualitative approach. Finally, it is concluded that the fundamental procedural right to the justification of judicial decisions fulfills a requirement of citizenship in a Democratic State, therefore its essentiality, and that judicial precedents, once legitimately constructed, containing a justification and argumentation of the decisions that originated them, will effectively serve for the legitimate construction of future judicial decisions that are binding on them.  

As technological changes that have occurred in the last decades have affected public and private relations and routines, so that the State has not been exempt from this. Public administration bodies, an indispensable structure for the State, need to adapt to technical-scientific-informational transformations, under penalty of inefficiency and mismatch with the current world and social scenario, culminating in the regulation of constitutional provisions. Among these bodies, there is the National Institute of Industrial Property, a federal authority responsible for the registration and granting of industrial property rights, fundamental protections for the economic and technological development of Brazil, but which does not have sufficient technological infrastructure to deal with the demand it receives, which has led to a waiting period of about eight to ten years for the process of granting a patent to be completed. In view of the agency's inefficiency and lack of transparency, it is of utmost importance to ascertain whether the performance of the INPI, in its current status, is sufficient to materialize the constitutional principles and provisions to which the public administration is submitted, as well as to seek alternatives for the implementation of more efficient management, in order to find in other areas solutions to this problem, which is not only technical-informational, but also legal. In this context, this work aims to analyze the constitutionality of the use of blockchain technology in the administrative and procedural routine of INPI, as well as to define the concepts of digital public administration, transparency 2.0 and blockchain, which are essential for the development of this study. To this end, bibliographic research was carried out, analysis of reports from international organizations, as well as research on the constitutional and legal provisions that touch the theme, in order to understand what is the basis of traditional public administration and what are the needs and limits that involve the possible change. Institutional and scientific data on the subject were also used to provide the basis for the ideas that were built. In addition, this work made use of a case study, with the focus of better discussing the constitutionality of the application of blockchain technology in the public arena, when it brought as a case study the Teresina 2030, BNDES Token and Junta Comercial do Ceará initiatives. Finally, it can be seen that the implementation of a digital public administration is urgent and necessary, as it will contribute to the realization of constitutional principles, such as efficiency, in addition to enabling the effectiveness of transparency 2.0, which will allow citizens to take ownership of public information, so that they will become active subjects and contributors to participatory management.

Commonly confused with the internet itself, the world wide web (www), the most widely used system on the world wide web and which works as a kind of layer set on the internet, has revolutionized the way people relate. Among the countless applications created in the www environment, the development of electronic commerce deserves to be highlighted, which allowed a drastic evolution of the sales and transactions processes between individuals, inasmuch as they started to operate in another scope, that is, the virtual . Since the emergence of the www, online privacy activists, called cypherpunks, have started to think about the feasibility of creating virtual currencies, as a way of quantifying wealth in the internet environment. Only in 2008, with the release of a white paper by the codename author Satoshi Nakamoto, entitled “Bitcoin: A Peer-to-Peer Electronic Cash System”, it became possible to build really secure digital currencies, cryptocurrencies. These are coins invented for and by the virtual world, as a way to ensure the circulation of wealth among users of the virtual environment without the need for bank intermediaries. They are set in so-called blockchains, which work together as a new layer of the internet and which provide, among other things, advertising, security and decentralization, through encryption. In this fork, it should be noted that the great economic crises suffered by Brazil transformed it into an over-regulating state, which directly affected market innovation, a fact that directly attacks the inclusion of cryptocurrencies in Brazilian markets. Therefore, this research intends to analyze which constitutional issues are affected and the impacts caused by bureaucratic obstacles to the use of cryptocurrencies in Brazilian territory. It also aims to study the relevance of the National Financial System for the regulation of markets, analyzing the National Currency in this context. In addition, it will also be the target of this research to develop the concept of cryptocurrency and study its importance for National Full Development, with emphasis on the construction of the concept of social cryptocurrency. Finally, a detailed analysis of the Brazilian judicial decisions dealing with cryptocurrencies will also be made, in order to recognize the position of the courts on the subject. To achieve the aforementioned objectives, a descriptive method was used to expose, evaluate and interpret all the information collected; quali-quantitative analysis, given that empirical data will be collected, as a result of a detailed analysis of the judges dealing with cryptocurrencies; and in-depth bibliographic research, as it will make use of scientific articles, research on specialized sites on the subject, among others. The bodies of the National Financial System are, since the popularization of the use of cryptocurrencies in Brazil, imposing bureaucratic obstacles for their inclusion in the markets. In addition, they avoid considering cryptocurrencies for regulatory purposes, a fact that directly affects the maintenance of the economy. Finally, it can be concluded that there is currently no legal certainty in the protection of the use of cryptocurrencies, which directly violates the constitutional provisions that deal with free enterprise, free competition, protection and promotion of innovation and others.

The Supreme Court has been adopting a new judgment technique to declare the omission of the Public Power in relation to the constitutional precepts, notably in the Brazilian prison system. This is the declaration of the unconstitutional state of affairs, of Colombian origin, used in the Non-compliance with Fundamental Precept No. 347, as well as in Extraordinary Appeal No. 580,252. With that, the need to outline a concept and the applicability molds of this new theory emerges, considering the legitimacy of those who declare it and its practical effectiveness. This last point is revealed as the great challenge in recognizing the unconstitutional state of affairs, especially after the insertion of article 20 in the Law of Introduction to the Rules of Brazilian Law, by Law 13.655 of 2018. With this legislative novelty, decisions the controlling, administrative and judicial spheres need to analyze the practical consequences before any decision has made. This legislative limitation is committed to ensuring the effectiveness of decisions through a horizontal and vertical expansion of the duty to substantiate - the biggest obstacle in theory. Unlike the Colombian Constitutional Court, which has the prerogative to modify the Constitution, the Supreme Federal Court must seek compatibility of the normative scope with the normative program, attributing effectiveness to its decisions. Considering that in both opportunities that the unconstitutional state of affairs theory has applied in Brazil, if there were problems with the prison system, it is essential to look for efficient alternative means that relieve the penitentiaries. At this point, there is a close relationship between the expansion of the criminal phenomenon and the increase in the prison population. In addition to the little study aimed at reducing this phenomenon, there is a lack of a correct and broader application of alternative measures to prison. It is also open to debate whether this interpretative method is a facet of extrapolated judicial activism or whether, in fact, it is coherent with the other procedural institutes of the Brazilian normative system. In this sense, the research aims to address the application of the unconstitutional state of affairs theory in Brazil, analyzing the cases in which it has raised and the current set of regulations. For this, the hypothetical-deductive method, the qualitative approach and applied research are adopted, through statistical data, case study, bibliographic, documentary research and analysis of jurisprudence, including the exploration of doctrine, legislation and judicial decisions, both Brazilian, as well as international, especially from Colombia. Taking into account, the figure of the unconstitutional state of affairs in Brazil, as an interpretative method of declaring a material unconstitutionality by default, is compatible with the Democratic Rule of Law, enshrined in the 1988 Constitution of the Republic. However, for the proper use of this theory, the operator of the law must consider the practical consequences of this decision - according to article 20 of the Law of Introduction to the Rules of Brazilian Law - the previous stimulus to an institutional dialogue and the principle of the separation of Powers, especially in the allocation of public funds. 

This work has the overall goal of analyze the particularities of tax offenses’ criminalization, pointing to the wrong use of Criminal Law as an alternative instrument of coercion to the payment of taxes. When the state's maddening eagerness to pay the expenses of public machinery guides the fiscal punitive system, the threat of imprisonment, through Criminal Law, ends up becoming an easier way to arrive at the tax payment, revealing a clear distortion of the legal good protected by these criminal types, and, above all, the very emptying of Criminal Law itself as “ultima ratio legis”. Reflecting the conflict between criminal policies and the interest in tax collection, the fiscal punitive system appears in one hand, with relatively high penalties, and, on the other, with the incidence of decriminalizing institutes that, in the end, make it difficult to apply the penalty, characterized by an inconsistency that leads to its own inefficiency. The conclusion will revolve around the need to recognize a distortion of the legal good protected by crimes against the tax order, in order to understand that this legal good is far beyond mere patrimonial interests and, therefore, should not be confused with the tax credit, it cannot even be subject to trivialization promoted by institutes that obstruct penal application. This reasoning, at the end, will also point to the premise that the most effective fight against the problem of tax evasion in Brazil passes through, but is not limited to, the use of Criminal Law, leading the discussion to another scenario, involving cultural aspects and, especially, the rationalization of the tax system. Therefore, elaborated mainly from a rational discourse of Criminal Law, from the perspective of improving dogmatics, this dissertation used essentially bibliographic research, based on the survey of relevant theoretical references in the area.

This paper aims to study the role of the Brazilian Regulatory State in the face of disruptive
innovations, drawing as a thematic section the Uber case analysis from the competitive law
perspective. As a way of presenting the concepts more clearly and elucidatively, we chose to
divide the present work into three main chapters, with an initial general approach, dealing
with Law and disruptive innovations, until arriving at the specific study of the case Uber x
Taxi . In the meantime, the first chapter will cope with the relationship between State, Law
and Technology, in order to clarify what would be disruptive innovations and what
differentiates them from technological innovations, as well as their repercussion for Brazilian
Law. The second chapter will focus on the role of the Brazilian Regulatory State in the face of
disruptive innovations, addressing issues such as: the choice of the Original Constituent by
the Regulatory State, the state regulation of technological innovations and the challenges
arising from disruptive innovations for the Regulatory State. In this chapter, what is the basis
for regulating new technologies? Was it really necessary? Once you choose by regulation,
what would be the right time? To what extent can regulation affect disruption? And what kind
of regulation is best suited to the disruptive context? As challenges, there are four difficulties
for the Regulatory State: regulatory asymmetries, the risk of capture, the need for Regulatory
Impact Analysis (RIA) and the Sectorial Judicialization phenomenon. In the third chapter, we
will approach the competition institute in the context of disruptive innovations, bringing to the
fore the analysis of the Uber x Taxi case, in the perspective of the competitive law. In this
regard, the following topics will be addressed: i) the competition institute in the Constitutional
Economic Order, ii) competition in the context of public services and public utility; (ii)
Brazil's legifi- cant tendency to launch moorings on new economic activities; (iv) an
examination of the Uber x Taxi case, based on two paradigms, ADPF 449 / EC and the
Extraordinary Appeal nº. 1,054,110-SP RG. The present study will make use of an eminently
theoretical and qualitative approach making use of the indirect documentation with
bibliographical examination in books, scientific articles, news, monographs, dissertations,
doctoral theses, magazines and periodicals involving the theme, allied to the investigation of
all the legislative framework pertinent to the case, especially the 1988 Federal Constitution,
the National Urban Mobility Law and the UBER Law), as well as the case Uber x Taxi in the
STF. Taking the choice of the Constituent State of the Regulating State into account, it
should not remain inert. However, understanding what the role of this Regulating State is,
how to intervene, to what extent, what kind of regulation, at what time, is a real challenge to
the current Law. In this sense, we sought to examine the possibility of competition between
Uber and taxi, in a clear regulatory asymmetry of legal regimes, in order to ensure the
applicability and effectiveness of the constitutional principles of the economic order in
aforementioned disruption.

The controversy over transgenic foods is vast. Several questions are raised and humanity is not yet ready to respond, as advances in biotechnology, such as genetic manipulation, are leaving the legal standards equidistant from this new world that is announced. Because they have their genetic makeup modified in the laboratory, the use of transgenic foods still requires scientific deepening to analyze the impact it would have on the environment and the effects on human health and even its use in the fight against hunger. The dimension that the problem is assuming around the world indicates that also in Brazil one must fight for ethical aspects to be preserved and for the legislation to accompany scientific advances. The Federal Constitution of 1988 ensures the preservation of the ecologically balanced environment and the preservation of the diversity and integrity of the country's genetic heritage. In this way, the labeling of genetically modified food must indicate to the consumer, in addition to the handling instructions, the storage of the product and other information concerning the nutritional field, the information that it has been produced from genetically modified organisms, requirement given by Brazilian legislation, in particular Law 11.105 / 2005, also called the Biosafety Law, in addition to considerations contained in the Consumer Defense Code. The methodology used in this work is theoretical in the bibliographical, jurisprudential and legislative forms and the method chosen is the comparative history, once the evolution of transgenic foods and the different doctrinal opinions are reported. Hence, the importance of using legislation and jurisprudence that refers to issues involving transgenic foods, bioethics and bioethics, so that the new agricultural frontier can be applied and interpreted. The importance of the information contained in the labeling is not intended to attest to the safety of the product, but to ensure the consumer protection of the constitutional right to information.

The sharing economy has gained significant prominence on the world stage due to the
popularization of the Internet and the creation of devices and applications responsible
for promoting connectivity between people. This economic model simplifies access to
consumer goods and tries to reach areas that were previously unexplored or difficult to
exploit. Consumption based on sharing attracts attention because it breaks with the
traditional method, in which only the consumer and the supplier seem to be present,
becoming more complex from a legal point of view. Here, the relationship gains new
contours due to the existence of a digital platform that promotes the connection, in real
time, between the service provider and the consumer, behaving as a facilitator of
activities. The idea of the shared economy is, through a change in people's behavior, to
move away from the system aimed at overproduction and excessive consumption and,
thus, to approach the one in which there is a greater awareness in terms of sustainability.
In spite of the benefits implanted in society, there are problems that deserve attention
from the State. On the Uber platform, which offers the service of transporting people,
there is a worsening of consumer conflicts, as well as the inapplicability of the CDC in
situations linked to the right to repentance. The complaints of unsatisfied consumers
both reflect the decrease in the quality of service offered and also point to an increase in
the number of claims filed in the courts. CNJ data indicate that in Brazil 80.1 million
cases are still being processed and are awaiting some definitive solution. This problem
results from the lack of adequate information from the population, which mistakenly

associates the definition of access to justice with the Judiciary, which is the only way to
resolve consumer disputes. The notion of access to justice is linked to access to the just
legal order, which can be obtained through other equally effective means, depending on
the nature of the dispute. This is what is known as the Multiport System. This system
treats disputes according to the most appropriate consensual mechanism, recommending
the use of the traditional model of justice (adversarial route) only as a last resort. This
paper seeks to understand the characteristics and benefits of the institute of mediation,
especially those related to the empowerment of the parties, the role of the mediator, as
well as examine the effects of applicability in the face of consumer disputes involving
the Uber. Based on an applied research, hypothetical-deductive, with qualitative
approach and formative purpose, it is argued that mediation, by promoting the
reconstruction of communication and legal ties between consumer and Uber, is an
important resource to adequately resolve consumer disputes, whose agreement is made
by the parties themselves without third parties imposing any decision. For this reason, it
is of paramount importance to have a policy focused on the effective treatment of
consumer complaints, which, in addition to reducing, through reflection, the filing of
legal claims, constitutes a precious tool for the fulfillment of SDG 16, an integral part of
the UN 2030 Agenda.

• Celebrated by some and criticized by others, the stare decisis system adopted by the Brazilian procedural law is, undoubtedly, one of the most important innovations of this procedural statute. Even if it is possible to affirm that the judges were already forced to follow precedents, it is undeniable that with the advent of the new statute the system was valued, expanded and improved. In view of the relevance that the theme has acquired in our procedural order, it is necessary to analyze its relationship and its compatibility with the current evolutionary stage of the Science of Law, more specifically with contemporary constitutionalism and with the actual notions of procedural democracy, which require that the jurisdictional function be exercised in a democratically legitimate manner. Only then will be possible to conclude about the necessity or the convenience of the existence of a system of binding precedents in the Brazilian legal order, traditionally affiliated to the civil law. As well known, post-positivist dictates have renewed the Science of Law. In order to understand this current context, it is necessary to do a critical and historical analysis about the process of formation of the Rule of Law, from the decline of Absolutism to the present, highlighting some of the main aspects of liberal, social and contemporary constitutionalism, its positive and negative points, which will justify the desired conclusion. Among the most relevant features of the current stage, it highlights the expansion and fortification of the Judiciary, and the hermeneutic opening provided by the understanding of the distinction between text and norm and by the understanding that all interpretive activity is also creative. In this context, is essential to study the democratic legitimacy of the jurisdictional function. The purpose here is to establish the means by the jurisdiction can be exercised in a democratic way, that the contemporary times demands. And one of the main aspects capable to democratize judicial acts, including decisions, is a procedural law that resizes some of the main corollaries of due process of law and access to justice, like the motivation, the publicity and the contradictory. In this way, a judicial process, appropriated to the premises of contemporary constitutionalism must be structured in a dialogic way that guarantee effectiveness and balance in the participation and in the distribution of rights, duties and procedural burdens among all the participants and interested in the process result. However, the system of binding precedents adopted by the Brazilian procedural statute has been criticized in cause of a possible incompatibility of its institutes and techniques with the premises of contemporary constitutionalism and with a democratically judicial process. In this context, the present study will analyze the relation between the binding precedents, the contemporary constitutionalism and the democratic principle applicable to the civil process, to conclude about the necessity or the convenience of a stare decisis system o in our juridical order.
  
  

The present work aims to analyze the main doctrinal theories and currents that involve the debate on the binding judicial precedents and the judicial creation of the law, especially the declarative and constitutive currents, in the perspective of a new logic of expansion of the normative force of jurisprudence. in the national order, especially with the advent of new instruments made available to the courts with the entry into force of the 2015 Civil Procedure Code and its practical implications. It is discussed about the relativization of the res judicata and the (un) constitutionality of arts. 525, §12º, 535, §5º, of the 2015 Code of Civil Procedure and the abstracting of the diffuse control of constitutionality. It studies the approximation between Common Law and Civil Law in homeland law, with emphasis on the reception of common law and the virtuous and non-virtuous weaknesses of Civil Law interpreted in parallel with the criticism of judicial activism by Judges Mars, Jupiter and Hercules by François Ost. . The instruments and institutes for the application and overcoming of judicial precedents arising from the Common Law are analyzed. It analyzes the limits and consequences of the enlargement of the protagonism of the Judiciary Power, strengthened in view of the new dynamics of the binding judicial precedents and their interference in the public policies and the rehearsal of a hegemony of the judiciary as a typically political agent of the state. In conclusion, we analyze the hermeneutic contours of limitation or self-restraint of judicial decisions that generate binding precedents, the light of the clash between the theories of substantialism and proceduralism, seeking to respect the beacons of the constitutional principles of isonomy, separation of powers and legal certainty as pillars of the democratic rule of law.

The objective of this research is to analyze whether the structuring elements of

the punitive model consolidated with the performance of the ecclesiastical

tribunal of the Holy Inquisition - which are the maximization of criminal

threat, discursive armamentism, neutralization of sources of authority,

strengthening of social prejudices and disregard of defensive arguments - are

manifested in judicial decisions from the Brazilian criminal justice, and if

so, how would this occur. In order to fulfill this task, first an incursion is

made into the evolution of language theory in the period known as the

linguistic turn, as a effort to understand how language became an object of

study in Law. Subsequently, the foucaltian method of discourse analysis is used

in conjunction with the method of comparative data analysis known as

hermeneutic structuralism to verify if to some extent habeas corpus judgments issued by the Criminal Chamber of Rio

Grande do Norte Court of Justice between 01/05/2018 and 06/01/2018,

incorporated and expressed in its fundamentation the structuring elements of

the punitive model of the Holy Inquisition. Then, in order to find solutions to

the problem outlined, there is an engagement in reflections on the very

function of Law, starting with the notions of Legitimate Authority and Law

as Plans, which are then connected with the interpretative premises of the

Constitutional Theory of Criminal Procedure in order to explain the importance

of Criminal Law and your inherent plans to contemporary societies. Finally, it

is explained the permanent conflict between the interpretative premises of the

constitutional criminal process and the power relations they seek to regulate,

and then discuss the hermeneutic and institutional solutions presented by the

master plan of the Federal Constitution of Brazil to the problem of social

adequacy to totalitarianism.

The study highlights the viewpoint of Brazilian Labor Law in relation to women and the
urgency of a new juridical-social conformation in the treatment of these conferred,
especially from the emancipation, by the application of fundamental human rights. In
addition to inciting the impropriety of categorizing them as the only existential
expression, as currently found in the scope of the pertinent legislation, it investigates the
contribution of patriarchal and slavist ideological inheritance in the oppression of
women within the same space as the object of study. As the tendency of the institutions
is to singularize women, conferring the notion of category, issues are analyzed as the
place destined for the aforementioned woman in the world of work, with emphasis on
domestic work as the embryo of subjection and its sexual division of work, emphasizing
the extrapolation of borders. In this background, the examination of Labor Law gains a
body, given that although thought of as being shed in the principle of protection to the
hypossficient, it is harmful, due to the structure of compensations, to workers in general,
irrespective of the gender that serves as an attribute. It is argued that if it is so as a rule,
it finds, said Law, in people who do not fit the masculine gender, what is the case of
women, peculiar interest, given the form of action of capitalism in relation to the
oppression of the human being in search of profit in the relations of Job. As for women,
it is observed that the false protection increased by patriarchal interests, for example,
gives them greater marginality. Herein, were identified situations that prove the
assertions, such as what was given about the prohibitions of night work and unhealthy
to the categorised figure of the woman (without scientific support to base difference of
treatment by gender); the emergence of legislative proposals such as homeschooling,
which, by oblique means, determines the return of the woman to the home; and yet, the
issue of lack of protection for dispensation without just cause as an evident cause of
harm in the working conditions of women. It was perceived, therefore, that only with
the particularized gaze conferred by human rights, it can be faced with ideological
standards already absorbed by the legislation and thus provide the emancipation of
women. It is suggested, thus, by the identification of Human Rights, the abandonment
of the idea recurrently taken by the labor law that the woman is always tied to
motherhood, going to confer treatment in accordance with women, while human beings
themselves, and, if motherhood is carried out, follow the protection of the unborn child
and children, a condition that will reach the woman peripherally because she cannot, of
course, unhitch herself from this condition to the employment contract. Only with the
multiple view on women, it is possible to structurally modify the behavior in relation to
the work relations of these. In the end, analyzed in this context, aspects that require a
new culture around the workers, such as sexual and moral harassment, discrimination
by motherhood, it is considered that without the appeal of constitutional optics, without
emancipation by human rights, only the law will be human, and women are far from
being established as such in integrality.

This dissertation is developed on the perspectives of the International Law of Personality Rights and aims to analyze the protection of the right to life, delimitedly, at the moment of intrauterine development. However, the epistemological and geographic cut is concentrated in the inter-American juridical system, with the main formulation of the doubt in the peculiarities peculiar to the development of this right, or the usufruct of this protection, in the space, the moment of its effectiveness, that is, to analyze when the legal framework protecting the rights of the personality will guarantee the subject his or her guarantee of the enjoyment of the rights of the personality. That is why it is essential to have a detailed assessment of the legal systems - international, regional and national - and, with special material distinction, to face a juridical issue, which is eminently humanist, and therefore criticism of international human rights indispensable, as well as, the effectiveness of this content in the Brazilian legal system. Thus revealing the complete agreement of this dissertation with the development line of the UFRN Post-Graduation Program, line 3, International Law and its Implementation. For all, it is sought to understand the construction of the framework of the beginning of the realization of the rights of the personality, being this the problematic central issue of this study. Therefore, for the study of the right to intrauterine life, a necessary part for the realization of all other rights of the personality, it is necessary to analyze the phenomena of guarantees and the judicial tools indispensable for the realization of these rights.

The context of dislocation of the poles of public discussion about sensitive
issues from the Legislative to the Judiciary, as a phenomenon inherent to
contemporaneity, highlighted the theoretical inadequacies of positivism, which
proposed a model of dispute resolution based on the strict application of legal
rules, using the resource. of discretion, founded on the principle of authority, to
attenuate the problem of indeterminacy of law and, more sharply, to judge hard
cases. In the post-positivist theoretical lines that gradually presented ways to
overcome this model, the criticisms made by Ronald Dworkin were noted,
having as a fundamental starting point the adoption of a methodological model
in the theory of law that represents recognition of the interconnectedness of law
and morality, the affirmation of the normativity of the principles, as well as the
criticisms of the semantic sting, in order to recognize that in the axis of the
theoretical controversies of law, at the heart of judicial practice, there must be
an appreciation of both the evaluative (political morality) and the descriptive
elements (positive law), affirming the interpretative nature of law and its
argumentative expression. From that, the conception of law as an interpretative
social practice is developed, emphasizing the sense of redefinition of normative
social practices through the perception of the value and purpose involved in
them, in a reconstructive model of interpretation of law that aims at the
consideration of the legal history of the community as a guiding thread for the
dynamic reaffirmation of the values and objectives inherent in each practice,
taking into account the conception of law as integrity. The two main metaphors
that are essential to illustrate Dworkin's theoretical proposal, which are the
chained novel of law and the methodology of Judge Hercules, understood in
their purpose of providing the theoretical support and an appropriate method for
the formulation of judicial decisions based on substancial arguments, guided by
the sense of discovery of law, by denying free judicial creativity, are
approached. The elements of reconstructive interpretation are analyzed as a
way of realizing the conception of law as integrity, taking into account the moral
responsibility of the judge, linked to the recognition of the need for a dialogical
procedure, through the epistemic clipping of Habermas’ theory of
communicative rationality, which implementation should encourage the
cooperative participation of stakeholders in the decision-making process.
Recognizing those two essential elements to make the thesis of the only correct
answer in law feasible, the critiques of the inadequacies of the proceduralist
proposal for the Brazilian jurisdictional scenario are presented, stating the need
for a substantial answer against the problem of judicial discretion. Finally, in this
work it is outlined a theory of judicial decision that values the legal-formal  coherence of its elements (internal justification) and that adequately deals with the identification and structuring of the best arguments of principles, notably in the analysis of political morality questions (external justification), to finally characterize the real meaning of the search for the right answer in law.

In a relatively recent monograph presented as an undergraduate degree paper by UFRN, a unique hermeneutic controversy was discussed regarding the interpretation of the text modified by Constitutional Amendment No. 77 of February 12, 2014 (EC 77). It was considered that the mutated text concerning the accumulation of positions or jobs by military health professionals could be interpreted in two different ways: one of them, the restrictive interpretation, would authorize the accumulation of just one more public bond (double possibility), while the other, the declarative interpretation, would allow the accumulation of up to two more public ties, in addition to the military bond itself already exercised (triple possibility, which thus would also include the double possibility). At the conclusion of this monograph, a constitutional permission was recognized for the triple accumulation of positions to military health professionals. This conclusion was justified by a closer reading of the constitutional provisions that refer specifically to military health professionals in the Transitional Constitutional Provisions Act (ADCT) and in the text itself modified by EC 77. Thus, starting from a grammatical interpretation and logic of the constitutional text, the possibility of a permit to the triple accumulation of public office was contextualized to the social demands existing in the Unified Health System. However, in opposition to this conclusion, it was pointed out by the examining board of this work an absence of ethical and moral justification. to grant this exceptional “privilege” to a circumscribed category of public agents to the detriment of others. Such evaluative questioning was based on Kant's categorical imperative, in his variant of known as Universal Law, which states that individual action must be universalized action for all. This dissertation resumes and deepens the academic discussion about the triple accumulation of public bonds of the health professional military, considered in its possibility of support by the current Brazilian legal system when being based on the interpretation of the constitutional text that has changed from the EC 77. In addition, calling for further discussion, Constitutional Amendment No. 101 of July 3, 2019 (EC 101) authorizing the accumulation of public positions to military health professionals and teachers of the Military Police and Fire Brigades was recently promulgated. State. In the same vein, the controversial infraconstitutional obstacle of a 60-hour weekly ceiling advocated by the Federal Attorney General's Office was also recently relativized by the STF, STJ and AGU itself. All these aspects demand a new and deep approach to the subject in its hermeneutic and normative legal aspects. Finally, entering into the field of the philosophy of law, we analyze the possibility of an ethics that addresses the moral issue of the triple accumulation of positions by certain public agents, to the detriment of others. In this sense, as an alternative to imposing Kant's categorical imperative, the proposal of an ethic of consensus building based on the communicative action advocated by Jürgen Haberrnas is presented.

The present dissertation seeks to demonstrate that direct assistance, as an instrument of
international legal cooperation, can be considered a facilitating element in the
recognition of a transnational legal order, at the instant it enters an order national legal
order. For this, it is relevant to understand the relationship between the transformations
of social interactions, caused by the globalization process, and its influence on western
juridical culture. It is perceived that the social relations practiced in a cross-border
environment, consequently entails the emergence of transnational legal relations.
Demanding the need to establish a regulatory framework, called Transnational Law. V
The typology of the research is qualitative, aiming to aggregate knowledge about the
issues discussed. The research has clear explanatory and exploratory objectives, aiming
to ascertain the legal nature and characteristics of some institutes, improving ideas to
achieve the conclusion of the problem. During the research, the deductive method is
employed in the analysis the phenomenon such as globalization, transnationality,
international legal cooperation and the relationship between direct aid and the
recognition of a transnational legal order. The instruments of international legal
cooperation are addressed, relating them to the transnationality of the application of the
global legal order. Furthermore, analyze the role of direct aid in civil matters in the
brazilian legal order, highlighting its normative prediction, applicability, classification
and the limitation resulting from the reserve of jurisdiction. Finally, it is verified that
direct aid facilitates the recognition of a transnational legal order, when it enters the
national order, with the aim of instrumentalize legal cooperation, since indirectly a legal
order ends up recognizing proceeding from another.

This paper investigates the need for a dialogical environment, prior to the judicial process, between the Executive and Judiciary powers in the discussion of issues related to the application and guarantee of material benefits deriving from the right to Social Security. At first, due to the historicity of fundamental rights, the application of Fundamental Rights is evidenced as an essential element for the minimum guarantees of equality and freedom, which includes Social Security, such as Fundamental Social Law. In a second moment, the self-defense behavior of the Social Security Public Administration is presented, so as to override the economic interest to the public interest, essentially eliminating minimum guarantees, both in the proposition of legislative reforms and in the application of the rules in force. On the other hand, this conduct motivates the massification of social conflicts over the services involved, overcoming the judiciary power of actions that deal with the analysis of the right to benefits and its implications, thus surpassing the speed in the face of procedural effectiveness, which in the end does not resolve conflicts, but only fulfills the initial role of judicial activity in giving a decision to society. In a third moment, the stage of social security reforms is presented as an empirical element that demonstrates both the self-defensive conduct of the Executive, and the overlap of procedural speed in the face of effectiveness, by the judiciary. Finally, we defend the creation of an instrument of relationship between the two state functions already mentioned, using as an example, the Federal Justice Intelligence Centers, addressing the issues in a strategic and preventive way. bibliographic analysis and data analysis provided by the Federal Government, using the deductive method. Given the model described, in conclusion, it is proposed to create a prior space for discussion between the judiciary and the executive branch, with regard to Social Security, as well as the integration by representatives of society, to discuss the application of the rules, including reforms, avoiding the occurrence of social conflicts, as well as ensuring the effectiveness of judicial decisions that may deal with the conflicts that have arisen

The present work has as main objective to analyze the circumstances in which the
judicial review of public policies takes place, trying to confront them with the bases
affirmed by the Constitution of the Federative Republic of Brazil of 1988. In this sense,
initially it will be analyzed the purpose proposed by the social model of process,
focusing on the meaning of judicial protection. After understanding the role of judicial
protection in the context of the Democratic Rule of Law, the judicial review of public
policies will be carefully studied, from the perspective of the legitimacy of the judiciary.
Next, the definitions of structural measures and the structural process will be examined,
based on the conception employed by US law. In the end, the present work aims to
conceive a structural procedural model appropriate to the Constitution of the Federative
Republic of Brazil. Adopting a hypothetical deductive methodology, the research is
developed from the confrontation of questions to be progressively answered, hypotheses
and deductions. It uses a bibliographic reference as the base theory for the production of
the first questions, as well as for the beginning of the elaboration of the respective
answers, which will also be based on concrete cases examined in detail in an exemplary
way. Therefore, it is understood that the intended judicial protection in a Democratic
State context, does not require equally democratic legitimation, without distancing itself
from the social bias: effectiveness and speed. That said, we refute the hypothesis of
judicial control of public policies, replacing it with the revision, as long as it is
democratically supported, in a dialogic procedure. Therefore, in the case of complex
processes, in which there will be structural reformulations, the dialogue of the
institutions and, equally, between the legislative, executive and judicial functions, must
necessarily have the intermediary of the real holder of legitimacy: the people. Therefore,
it is essential to have a proper procedure for structural cases, allowing and making direct
popular participation mandatory, as a global instance of attribution of legitimacy.

The favored treatment for small businesses was a political goal established by the Federal Constitution as an objective to be achieved by the national economic order. In addition to this goal, the Federal Constitution raised to principles status the freedom of competition and administrative efficiency, which are mandatory standards for state action. Considering such constitutional parameters, the general purpose of this research is to analyze the interrelationship and harmonization of these principles in the context of public contracting involving small businesses. Therefore, this research initially analyzes the phenomenon of public contracting in the Federal Constitution of 1988, addressing mainly the format of State’s administrative function and the necessity for the State to sign contracts. Then, some notes are intended to address the favored treatment of small businesses in the country’s legal system, in an examination whose approach has a constitutional and theoretical aspect on the need to grant advantages to such companies, as well as to analyze the approach that is given by ordinary legislation in order to implement the favored treatment under examination.  This study also aims to investigate the manifestation and content of the principles of administrative efficiency and competitive freedom in the economic performance of the Public Administration. The final part of the development of this research is dedicated to analyzing the compatibility of the favored treatment rule for small businesses with administrative efficiency and competitive freedom, taking into account the different perspectives of analysis of public contracting carried out by the Administration. It concludes that there is a need to harmonize favored treatment of small businesses with other constitutional norms, in particular administrative efficiency and competitive freedom, serving such norms as control parameters for granting such benefits to small businesses. This research is based on the analysis of specialized literature on the subjects of constitutional law, administrative law, law and economics, competitive law and regulatory law, as well as the analysis of positive law, which approaches constitutional norms, ordinary legislation and administrative norms. It is also based on the investigation of the jurisprudence of the Supreme Audit Court and the Judicial Courts.

The main objective of the present research is to analyze the problem associated with the phenomenon of corruption, not only as a social and political pathology formally reprimanded by enforcement rules established in the law, but also as a true anomalous behavior assimilated by the economic agents capable of providing undesirable effects,  that should be reprimanded for the exercise of state regulation in the market under the fundamental parameter established by the Economic Constitution. From this perspective, the investigation is initiated through an analytical examination based on the systemic theory applied to the context of society, which shows the existence of interactions performed by the legal system in relation to other social subsystems, especially the economic system. through structural coupling processes facilitated by the operational openness that characterizes the whole macro social system. This same perception applies to the internal functioning of the legal system, in which the Positive Constitution exercises the position of hierarchically superior category to the others, being a true element that ensures the unity and internal coherence of the whole legal system. Based on this premise, it is recognized that there is an Economic Constitution in Brazil, whose fundamental pillar is established through the guarantee of economic freedom attributed to the private initiative in the exploration of the market. Based on this preliminary framework, a normative-institutional analysis is constructed about the real comprehension of the amplitude applied to the notion of market, both from a conceptual bias and from a functional approach, all in the sense of proposing an analysis based on the need for preservation of their structures for the interaction between the legal and economic systems. Once this conceptual proposition has been established, the current conviction of the state as the main agent responsible for the regulation of economic relations is continued, aiming to establish, precipitously, the conditions and possibilities under which such state intervention can take place, sometimes emphasizing aspects specific to the system, sometimes evidencing the conformations established in the legal system. In the end, it is proposed to analyze how the Regulatory State in Brazil can make the appropriate regulatory interventions on the corruption phenomenon identified in the context of economic relations, based on a juridical-economic contribution, aiming to establish those institutional mechanisms capable of composing a “Anti-corruption regulation”, so that, on the one hand, it allows the effective exploitation of the free market by individuals, without undue distortions or interference, and, on the other hand, fulfills the objectives and foundations laid down in the Economic Constitution.

Citizens' access to foreign products and services in the domestic market reveals the degree of freedom of a country. However, sometimes countries use tariff procedures to block the access of the international producer to the domestic market. In Brazil, this competence is positive in art. 153, §1º, of the Federal Constitution. The present work aims to investigate the limits to the administrative act that alters the import tax rate. For this, we used the logical-deductive and dissertative-argumentative methods, from the data obtained in monograph, books, scientific articles, legal provisions and national jurisprudence on topics related to the theme of work. It aims, as specific objectives, to understand the foundations of the Democratic Rule of Law and how they serve as a limitation to the state power, to investigate the regulation and intervention of the State over the economic domain, to study the points of dogmatic taxation to the import tax, to discuss the legal instrument. appropriate for the realization of the tax extrafiscality of the import tax, make a proposal to approximate the constitutional concept of national development and evaluate the problem of the efficient tool for controlling extrafiscality. In the end, it concludes that the administrative act that alters the import tax rate, despite being a discretionary act, must comply with a number of legally imposed limits, otherwise it will be void.

This work was developed from the multidisciplinary analysis of the process experienced by women of Northeast Region of Brazil in the construction of their identities of gender, regional origin and cultural identity and the creation, by legal science, of rights to equality and antidiscrimination protection capable of protecting them. The objective was to analyze the international, constitutional and infraconstitutional normative set, applicableon the protection of the northeastern women and the mechanisms of guarantee of effectiveness to these