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