http://repositorio.jesuita.org.br/handle/UNISINOS/1645 Mestrado Fri, 17 Apr 2026 08:52:19 GMT 2026-04-17T08:52:19Z http://repositorio.jesuita.org.br/handle/UNISINOS/14024 Do ruido à interdependencia: a trajetória possível do diálogo competitivo para contratações públicas de inovação Santos, Alessandra Cristina Fagundes dos The research has as its object the interaction between the State and the market, within the scope of the so-called competitive dialogue, a new modality for public procurement and the potential as an instrument to encourage innovation, on the demand side. The research problem started from the risks and uncertainties of the effectiveness of the bidding, since the backbone of the new bidding modality is in the dialogue between public and private organizations. From this, it was asked how to mitigate the communication noise in public-private interaction, in the context of competitive dialogue, for the effectiveness of the instrument in public policy to encourage innovation, on the demand side? As a hypothesis, it was defined that the mechanism of communicational interdependence is the key to the success of public contracting of innovation via competitive dialogue as a way to overcome the challenge, enabling not only the enhancement of the use of the modality, but also the scope of the effectiveness of public procurement. As a general objective, it was intended to contribute to the consolidation of competitive dialogue as a public policy mechanism aimed at stimulating innovation from the perspective of demand. In addition, it was sought that this instrument, of dialogic regulation and collaborative participation, contributes to the adaptation of the organizational culture in favor of public-private coevolution, through new communicative processes of construction of meaning. As specific objectives of the research, it contextualized the path taken by the contemporary State until the reform of the New Law of Bids and Administrative Contracts (NLLCA), dealing with the peculiarities of competitive dialogue for public procurement; pointed out the challenges of instrumentalizing competitive dialogue and analyzing the differences in the organizational culture of the public and the private and possible factors of noise and disturbances during public-private interaction in the bidding environment; presented the theoretical mechanism of communicational interdependence in an environment of trust as a key piece for collaboration between public and private economic agents; and, it delivered a framework as an artifact to support agents in the procedure of competitive dialogue. The relevance of the research consisted in the exploration of competitive dialogue as a mechanism that induces the effectiveness of innovative public contracts; the development of new innovative markets; and the effectiveness of the demand-based innovation policy. The analytical approaches conducted to confirm the hypothesis used the theory of social systems as a theoretical framework, from the perspective of Niklas Luhmann. The methodology to produce epistemological knowledge used to confirm the hypothesis was the hypothetical-deductive approach, where it was sought, from the research problem and formulated hypothesis, to test whether the predictions derived from the initial hypothesis are supported or refuted by the results obtained. For the artifact, the Design Science Research (DSR) methodology was used. As a research technique, qualitative and exploratory approaches were used from data collection. The conclusion pointed out that competitive dialogue not only enables innovative solutions, but also promotes the co-evolution of organizations, where communicative noises become communicative stimuli, ensuring that both remain autonomous and operational in a collaborative environment. Mon, 09 Dec 2024 00:00:00 GMT http://repositorio.jesuita.org.br/handle/UNISINOS/14024 2024-12-09T00:00:00Z http://repositorio.jesuita.org.br/handle/UNISINOS/13972 Os efeitos jurídicos do preenchimento do PPP (Perfil Profissiográfico Previdenciário) no contexto trabalhista e previdenciário Nicastro, Pedro Henrique Waldrich This paper analyzes the importance of completing the PPP (Professional Social Security Profile) form in social security legislation for the recognition of special activity in the granting of social security benefits with Social Security and also in the field of labor law. It addresses the legal effects of filling out the PPP form with false information about the reality of the work environment that the insured will have to face, demonstrating the Judiciary's resistance to granting expert evidence. Therefore, the objective of this paper was to propose a legislative proposal with grounds considered sufficient and objective for challenging the PPP form, with the predictability of the acceptance of expert evidence. The first chapter presents the benefits and generalities of the social security legislation that governs the recognition of special activities. It then highlights the importance of conducting a technical expert assessment in social security disputes when there are discrepancies between the information in the PPP form and the reality of the workplace. The chapter also demonstrates the similarities between the recognition of special activities and the recognition of the hazardous work allowance in the labor sphere. Finally, the right to produce expert evidence in social security proceedings is analyzed, which should be treated as a rule, in addition to presenting a legislative proposal as a way to guarantee predictability and legal certainty for those under its jurisdiction. Fri, 01 Aug 2025 00:00:00 GMT http://repositorio.jesuita.org.br/handle/UNISINOS/13972 2025-08-01T00:00:00Z http://repositorio.jesuita.org.br/handle/UNISINOS/13971 Critérios de imputação de crimes omissivos impróprios a dirigentes empresariais: uma análise doutrinária e jurisprudencial Bazzi, Matheus Amélio de Souza This dissertation investigates the complex criteria for imputing improper omission crimes to corporate executives, analyzing the doctrine and jurisprudence of the Superior Court of Justice (STJ) and the Supreme Federal Court (STF). It`s central problem questions how and under what circumstances corporate executives can be held criminally liable for offenses committed by their subordinates through improper omission. The hypothesis points to a lack of clarity and legal certainty, which can hinder entrepreneurial activity. The study focuses on "commission by omission" and the essential "guarantor position," exploring theories that underpin the duty to act, formal and material ones, as well as debating the complexity of subjective imputation in fragmented corporate structures. Thus, it investigates the view of the company as a "source of danger" and its executives as guarantors, as well as the implications of task delegation. In this regard, the analysis proceeds to evaluate effective criminal compliance programs and their contribution in the face of presented risks, outlining their fundamental pillars. Following the theoretical investigation, a jurisprudential analysis of the STJ and STF is conducted, which proves revealing for the research hypothesis. Fri, 28 Nov 2025 00:00:00 GMT http://repositorio.jesuita.org.br/handle/UNISINOS/13971 2025-11-28T00:00:00Z http://repositorio.jesuita.org.br/handle/UNISINOS/13970 Prevenção e direito de crédito: análise sobre o impacto das assimetrias informacionais estabelecidades na relação contratual de securitização de recebíveis Rosa, Mariana Mesquita Moraes This study analyzes the role of Credit Rights Investment Funds (FIDCs) in structuring and circulating business credit in Brazil, examining how regulatory evolution and governance practices can enhance security and efficiency in receivables assignment operations. The research is grounded in the context introduced by the Economic Freedom Act (Law No. 13,874/2019), which consolidated the recognition of investment funds as special-purpose condominiums, and by CVM Resolution No. 175/2022, which modernized the legal framework applicable to these instruments. The central research problem consists in understanding to what extent the current regulation and governance practices adopted by FIDCs are capable of mitigating informational asymmetries and ensuring the effectiveness of credit rights, particularly in light of the practical difficulties observed in credit recovery and risk control. The study adopts a theoretical and descriptive methodology, with a qualitative approach, structured in three stages: doctrinal and normative analysis on investment funds and credit assignment; survey and examination of jurisprudence related to receivables enforcement and guarantee validation; and an empirical investigation, based on the observation of FIDC operational routines and an informal interview combined with participant observation involving industry professionals. Based on the findings, the research proposes the application of the PDCA cycle (Plan, Do, Check, Act) as a tool for continuous improvement and for strengthening the governance of FIDCs, culminating in the development of an Operational Excellence Guide aimed at standardizing procedures, mitigating risks, and promoting best compliance practices. Thus, the study seeks to offer both a practical and theoretical contribution to the enhancement of governance and legal security in the Brazilian receivables market. Thu, 18 Dec 2025 00:00:00 GMT http://repositorio.jesuita.org.br/handle/UNISINOS/13970 2025-12-18T00:00:00Z http://repositorio.jesuita.org.br/handle/UNISINOS/13969 Aplicação do sandbox na contratação de encomendas tecnológicas nos serviços sociais autônomos SESC e SENAC: análise sobre contratação de inovação tecnológica e gestão de riscos Rocha, Gustavo Santos Rocha da This master's thesis investigates how the application of an experimental regulatory environment, or sandbox, can consolidate governance and risk control in the contracting of technological orders, with an emphasis on the advantages and limitations of this innovative model. Increasing digitalization and the relentless pursuit of innovation have compelled organizations in all sectors to explore new regulatory approaches, such as the use of regulatory sandboxes, especially in critical areas such as technology contracting. In the context of the Autonomous Social Services Sesc and Senac, essential institutions in the Brazilian educational and commercial landscape, the implementation of sandboxes may offer a promising way to manage risks and govern the process of technological innovation. The relevance of this experimental model is even more pronounced in the current scenario, where the speed of technological change and the demands of regulatory compliance impose significant challenges for organizations. From this context, the research problem is presented below: How can the application of the sandbox consolidate governance and risk control in the contracting of technological orders for the Social Service of Commerce - Sesc and the National Service for Commercial Apprenticeship - Senac? Regarding the general objective, the study seeks to ascertain the advantages and limitations of the experimental regulatory environment (regulatory sandbox) in the process of contracting technological orders at Sesc and Senac. Five specific objectives were defined for this research: to investigate the impact of the sandbox on compliance with current regulations and legislation during the contracting of innovative technologies; to verify the benefits of the sandbox in creating a controlled space for testing technological orders, with emphasis on the ability to adapt innovations in order to meet the specific needs of Sesc and Senac; to examine the regulatory and legal environment surrounding Sesc and Senac in order to identify the legal limitations, with emphasis on the responsibility of managers with regard to the use of resources in technological innovation and the risks involved; propose a sandbox implementation plan adapted to the context of Sesc and Senac, supported by a set of good practices, as a potentially positive strategy to increase efficiency in the processes associated with contracting technological orders in the autonomous social services Sesc and Senac; analyze the legal parameters for assessing and mitigating contractual risks in the sandbox. To conduct this study, the Narrative Bibliographic Review method, also known as Literature Review, was adopted. This method follows the conceptions of qualitative research and is configured as an exploratory investigation. It was concluded that the implementation of the sandbox by Sesc and Senac streamlines the innovation and risk management of these organizations and establishes controlled environments that drive the validation of new technologies and strategic collaboration, with the aim of enhancing local socio-economic development. Thu, 22 May 2025 00:00:00 GMT http://repositorio.jesuita.org.br/handle/UNISINOS/13969 2025-05-22T00:00:00Z http://repositorio.jesuita.org.br/handle/UNISINOS/13968 O Ministério Público entre a fotografia, o desenho e a moldura: uma análise do papel do Ministério Público no processo penal constitucional com zoom no cumprimento da vista do art. 610, caput do CPP no âmbito de apelações criminais julgadas pelo TJRS no ano de 2023 Vilela, Tafate Viana Dias This research, from the phenomenological-hermeneutic method, combined with the analytical-descriptive method, aimed to photograph how the fulfillment of the provisions in the caput of Article 610 of the Code of Criminal Procedure (CPP) occurs, which provides for a period of 5 (five) days for the brazilian Public Prosecutor's Office upon the arrival of criminal appeals in the second degree of jurisdiction, and to analyze its compatibility with constitutional criminal procedure, especially regarding the efficient observance of the guarantee of parity of arms. From the analysis of 85 criminal appeals judged by the 8 Criminal Chamber of the Court of Justice of Rio Grande do Sul, it was found that, applying the quantitative approach, on occasion of the aforementioned legal provision, a period of 15 days was granted for a "opinion," during which the brazilian Public Prosecuter submits written opinions on the judged matter, and that a considerable part of the manifestations was contrary to the defensive recourse hypotheses. In light of the identification of a non-legislated utilized space, the study sought, drawing from the legal and institutional history of the Public Prosecutor's Office, using the qualitative approach and the descriptive-qualitative method, possible justifications for this, that is, the traits that led to the photographed design. It was observed that there is a significant institutional effort to consolidate itself among the prominent State Institutions, as well as to establish and maintain insignias such as "guardian of the law" and "representative of society," in which considerable activity of institutional policy and the management of imaginaries, such as the vulnerability of civil society to legitimize itself in these roles, was identified. Additionally, other peculiarities of the State itself and the previously unstable characteristic of the functions exercised by prosecutors were noted to justify this "desire" for institutionalization and the constant demonstration of the need for the expansion of activities. From this, the study sought in the framework surrounding the practice, that is, in criminal procedural law, its compatibility and even the historical-legislative justifications for it, in which it was perceived that the identified prominence is largely due to an imaginary that the Public Prosecutor acts as an impartial guardian, making this practice, even though it allows less space for the accused person, often not even discussed or distrusted. Thus, it was established, from the doctrine explored, that the fact that the Public Prosecutor performs oversight by constitutional order does not attribute any impartiality to it, which is not possible within the scope of constitutional criminal procedure, because this exacerbates the already evident and legally relevant and recognized inequality between the prosecution and the accused person. Furthermore, it was found that even the institution itself does not expect a different performance from the members who act as legal opinion in the second degree, which demonstrates the need for a modification of the practice, in order to ensure the efficient observance of the parity of arms, under penalty of delegitimizing the criminal process in which the constitutional guarantees are not the determinants of the actions of procedural actors. Thu, 16 Jan 2025 00:00:00 GMT http://repositorio.jesuita.org.br/handle/UNISINOS/13968 2025-01-16T00:00:00Z http://repositorio.jesuita.org.br/handle/UNISINOS/13967 O advogado como ator social: o papel político da advocacia numa perspectiva sistêmica Schell, Sophie Bilheri This dissertation aims to analyze law and its role in society from a systemic perspective, especially the arguments that can serve as justification for a certain stronghold of political power, taking into account the social function of the profession based on the communication of the legal system with other social systems. The research places the lawyer at the center of the debate as a catalyst for communication between the legal system and other systems, from the perspective of Niklas Luhmann's Theory of Social Systems, which conceives social systems as functionally differentiated, autopoietic, self-referential and endowed with meaning, seeking to identify the logic of the intersystemic communication of law invoked by its role as an operator of Law. The research problem was delimited based on the observation of the growing movement of devaluation of law in recent decades, which suggests the lawyer's distancing from the value systems that governed the profession in its beginnings and may present itself as a social consequence of misuse of its influence as guardian of the psychic system of Law (communication) in the political processes of society. This analysis will be presented in three chapters, containing specific excerpts about the issues that will be developed, with the first chapter seeking to identify the premises for understanding the subject's place in systemic theory, analyzing historical aspects of law and the concepts of systems theory social. The second chapter will analyze the lawyer as a social actor from a systemic perspective, as well as law as an organization, within the three dimensions of organizational culture (communication, knowledge stock and value systems); the third chapter will be dedicated to analyzing the future of law in terms of curricular adequacy in universities, given the evident increase in systemic risks and dangers caused by the practice of full law, due to the fact that we live in a risk society, seeking to formulate some prevention hypotheses of risks, from university education, to the encouragement of legislation that promotes non-speculative protection of the activity and instigating the recovery of the spirit of law in the struggles for the realization of social rights in Brazil, as recommended by article 133 of the Federal Constitution of 1988. Tue, 14 Jan 2025 00:00:00 GMT http://repositorio.jesuita.org.br/handle/UNISINOS/13967 2025-01-14T00:00:00Z http://repositorio.jesuita.org.br/handle/UNISINOS/13964 Senso comum teórico (racista) dos juristas: o juiz das garantias em um modelo processual inquisitório que aprofunda a seletividade do negro no sistema penal Benites, Muriel Fernanda Ferreira The current state of the carceral system in Brazil will be revisited through a critical analysis of the pre-defined stereotyping of incarcerated individuals, often shaped by a racist Theoretical Common Sense among jurists. This research primarily aims to prompt reflection on the construction of eugenic ideological presuppositions disseminated in the discourses of scientists and theorists over the years. It will explore their significant influence as a determinant factor in the predominant incarceration of Black individuals in Brazil, from police approaches to sentence fulfillment. Under the theoretical framework of Adilson José Moreira, the study will evaluate the construction of race and its intersection with Brazilian racial sociology. These elements are contributing characteristics for an anti-discriminatory legal approach by jurists, and the research proposes an analysis of the interpretive parameters of Black and White jurists based on their historical backgrounds. Secondly, the examination demonstrates the existence of presuppositions already defined by Luis Alberto Warat and his concept of Theoretical Common Sense, which corroborate the existence of a racist theoretical common sense among jurists, resulting in doxa justified as episteme. Finally, the paper offers a critical analysis of the advent of the Judge of Guarantees in relation to racial sociology and its potential to disrupt the current praxis of the Brazilian penal system. This includes assessing whether the Judge of Guarantees' role enables the identification of partiality and a resolution to the scenario of selective enforcement against Black individuals within the penal system. This is crucial because, in the current model, the procedural flow hinders the necessary impartiality, leading to cognitive dissonance. This is due to the fact that, in addition to the inquiry being fueled by a procedural model with an inquisitorial heritage and a fascist paradigm, the sentence is determined by the same judge who acted in the preliminary phase, gradually accumulating elements that contaminate their impartiality. Thu, 24 Jul 2025 00:00:00 GMT http://repositorio.jesuita.org.br/handle/UNISINOS/13964 2025-07-24T00:00:00Z http://repositorio.jesuita.org.br/handle/UNISINOS/13963 Interpretação e decisão judicial na tradição hermenêutica brasileira: uma compreensão a partir do in claris cessat interpretatio Rocha, Matheus Alves da The present dissertation sought to analyze the problem of in claris cessat interpretatio, which can be translated into the possibility of texts being interpreted literally. A review of the various theories of law that have emerged since the codification movement reveals significant shifts in the freedom of the interpreter and the tension between understanding/interpretation. This work investigates the Brazilian legal tradition, with a focus on the legal hermeneutics developed by some authors, particularly in the context of formal interpretation and its limits. The research will concentrate on four Brazilian authors, representative of different theoretical and political contexts: Francisco de Paula Baptista, Carlos Maximiliano, Alípio Silveira, and Lenio Luiz Streck. Utilizing the tenets of hermeneutic phenomenology, a methodological framework is employed to deconstruct their theses, thereby facilitating the identification of continuities and ruptures in the conceptualization of judicial subjectivity. It is imperative to acknowledge that a fundamental aspect of this work is the necessity of comprehending the past in order to facilitate a more profound understanding of the present. The present study offers a contribution to the existing discourse on Neoconstitutionalism by exploring the potential of Brazilian tradition to inform discussions on the subject. This exploration encompasses the critique of the “Culture of Precedents”, that was inaugurated by the 2015 Code of Civil Procedure, as well as the Brazilian Legal Realism or the Jurisprudentialization of law. Therefore, the objective of this research is twofold: first, to enhance comprehension of the authors who have exerted influence on Brazilian legal hermeneutics; and second, to advance towards a more nuanced understanding of the relationship between text and interpreter. Mon, 16 Jun 2025 00:00:00 GMT http://repositorio.jesuita.org.br/handle/UNISINOS/13963 2025-06-16T00:00:00Z http://repositorio.jesuita.org.br/handle/UNISINOS/13962 Compliance nas instituições financeiras bancárias como instrumento de prevenção à lavagem de dinheiro: uma análise crítica a partir do recorte do acordão da ação penal 470/MG (Mensalão) Martins, Maéle Corrêa La presente disertación tiene como objetivo analizar el compliance en las instituciones financieras bancarias como instrumento de prevención del lavado de dinero. El surgimiento de este mecanismo como herramienta preventiva no solo redefine los paradigmas de gobernanza, sino que también plantea cuestiones relevantes en el campo del Derecho Penal. Ante ello, la investigación se orienta por la siguiente cuestión: ¿en qué medida el compliance en las instituciones financieras bancarias se configura como un instrumento de apoyo en la prevención del delito de lavado de dinero en Brasil? Además, como subproblema, el estudio pretende demostrar bajo qué condiciones los programas de compliance podrían haber contribuido a mitigar la ocurrencia de esta práctica delictiva en el caso Mensalão, reconocido en la Acción Penal 470/MG. Para responder a estas interrogantes, inicialmente, el primer capítulo aborda las ideas centrales relacionadas con la expansión del Derecho Penal ante el proceso de globalización y la criminalidad económica, para luego estudiar el origen y los aspectos generales del delito de lavado de dinero, además, examinar las directrices internacionales — con énfasis en las medidas preventivas para enfrentar este problema global —, hasta el punto en que desembocaron en las normas de compliance en el Derecho nacional, descritas en la Ley nº 9.613/98. El segundo capítulo tiene como objetivo explicar qué es el compliance, su repercusión en el Derecho Penal y su función en la prevención del lavado de dinero en las instituciones bancarias, demostrando la aplicación práctica de este instrumento en cada etapa del proceso de lavado. Finalmente, en la última parte, el trabajo se enfoca en el estudio del caso Mensalão, con la selección de fragmentos de la sentencia que evidencian las fallas de compliance cometidas por la institución financiera involucrada en el hecho. En esta etapa, se busca identificar las fragilidades y los factores que contribuyeron al delito y, a partir de este análisis, verificar si la institución contaba con mecanismos capaces de evitar o mitigar la práctica delictiva. En este sentido, la investigación también pretende demostrar los avances y mejoras en el sistema de compliance de los bancos desde la ocurrencia del hecho. Adicionalmente, se propone el desarrollo de una metodología basada en el modelo de Evaluación Mutua del GAFI (Grupo de Acción Financiera Internacional) para medir la efectividad de los programas de compliance en el sector bancario brasileño. En el desarrollo del estudio, se adopta el método de enfoque deductivo, utilizando como procedimiento la revisión bibliográfica de leyes, obras y publicaciones científicas relacionadas con esta temática. Además, en el tercer capítulo se emplea el método de procedimiento monográfico, basado en el análisis crítico del caso. Fri, 28 Mar 2025 00:00:00 GMT http://repositorio.jesuita.org.br/handle/UNISINOS/13962 2025-03-28T00:00:00Z http://repositorio.jesuita.org.br/handle/UNISINOS/13959 Desafios e implicações jurídico-sociais da desinformação na era digital Klimiki, Kamila This Master's dissertation in Law studies the complex contours and intricate aspects of disinformation in the digital age, focusing on its various forms, consequences and the legal challenges that arise from this current phenomenon. In view of this, the question is: What are the legal and social challenges caused by disinformation in the Digital Age? To answer this question, the research objectives propose as a general objective of the Dissertation: to study some legal mechanisms to mitigate the social impacts generated by the current phenomenon of disinformation. As for the specific objectives: (I) to understand the structuring contours of disinformation; (II) to analyze the social impacts of disinformation; (III) to examine the challenges and legal implications of disinformation in the so-called Digital Age. The first chapter will present an introduction to the subject, accompanied by an in-depth analysis of the different elements of disinformation, covering its definition, historical trajectory and categories, such as fake news and deepfakes. Next, the social and cultural effects of disinformation will be discussed, examining the role of digital platforms, algorithms, and the polarization of public opinion. In this scenario, the reasons that drive the creation and spread of false information will be investigated, as well as the challenges related to its detection. The third chapter focuses on the legal consequences of disinformation, addressing methods to combat it, such as media education and fact-checking projects. The responsibility of social networks and the standards suggested by regulations, such as Bill 2630 of 2020, will also be assessed, as well as the strategies used in the European Union. Finally, the dissertation will present conclusions that will summarize the main results and reflections on the urgent need for an effective and comprehensive approach to combating disinformation, emphasizing the relevance of an ethical and educational stance to build a healthier and more responsible information environment. It is therefore concluded that disinformation, a complex phenomenon fueled by communication technologies and social networks, has serious repercussions in today's society, influencing trust in institutions and public health. It is essential to differentiate between disinformation and inaccurate information, the former being characterized by the intention to deceive. It is important to emphasize the relevance of media literacy and critical thinking as indispensable tools for dealing with this problem. Tue, 22 Apr 2025 00:00:00 GMT http://repositorio.jesuita.org.br/handle/UNISINOS/13959 2025-04-22T00:00:00Z http://repositorio.jesuita.org.br/handle/UNISINOS/13957 Sistema de alerta antecipado de risco de desastres e responsabilidade civil do estado: impactos e agravamento de vulnerabilidades nos desastres Scariot, Juliana Lopes The objective of this research is to hold state entities accountable for the (in)effectiveness of disaster early warning systems, particularly those employed during the February 2022 disaster in the municipality of Petrópolis/RJ. The effectiveness of an alert system is multifactorial, involving climate vulnerability, environmental information, and risk awareness. The civil liability of the state entity for failure to act in cases of environmental damage is strict. In this context, the guiding question of the research is: Considering the early warning systems for disaster risk used by Civil Defense in the municipality of Petrópolis/RJ during the February 2022 disaster, are public entities civilly liable for the (in)effectiveness of these systems, given their impact on populations in situations of climate vulnerability? Based on this, the hypothesis is that the alert system in Petrópolis is insufficient to convey the severity of the disaster to environmentally vulnerable populations, which exacerbates their situation and gives rise to the civil liability of the State, particularly the municipality. To test this hypothesis and answer the research question, the study adopts a qualitative approach from a critical perspective, in addition to the hypothetical-deductive method. Furthermore, the research follows a transdisciplinary approach, establishing dialogues with various branches of Law—such as Environmental Law, Disaster Law, Climate Change Law, and International Law—and other fields of knowledge, including Education, Geography, History, and Sociology. This work aligns with the themes addressed by the research line “Society, New Rights, and Transnationalization” of the Postgraduate Program in Law at Universidade do Vale do Rio dos Sinos, which focuses on the study of emerging rights, the impacts of globalization, and diffuse and collective rights, all through a transdisciplinary lens. The findings confirmed, based on an extensive analysis of environmental information and risk awareness, that in the context of climate disasters and climate vulnerability, raising public risk awareness is a duty of the state entity, as a strategy to reduce vulnerability and ensure the effectiveness of early warning systems. This approach must be transdisciplinary and inclusive of all age groups. Moreover, the study demonstrated that in the context of climate disasters, it is the duty of state entities—especially municipalities—to work together with Civil Defense to organize meetings of the Community Centers for Protection and Civil Defense, in order to educate and train the population to understand alerts, as well as to enforce Law No. 12,608/2012. In this context, the State’s undeniable responsibility for complying with the National Policy on Civil Protection and Defense (PNPDEC) was analyzed through the lens of the February 2022 disaster. Data collection, carried out through a semi-structured interview, revealed the existence of an early warning system in place during the event, in accordance with the Contingency Plan of Petrópolis at the time. However, it also highlighted the fragility of the Community Protection and Civil Defense Centers and their difficulty in remaining consistent with the PNPDEC, whether due to internal or external factors. Mon, 12 May 2025 00:00:00 GMT http://repositorio.jesuita.org.br/handle/UNISINOS/13957 2025-05-12T00:00:00Z http://repositorio.jesuita.org.br/handle/UNISINOS/13955 Os povos indígenas e a defesa da natureza como titular de direitos na constituição federal: uma análise descolonial a partir de Ellacuría Vilardi, Gabriel dos Anjos This is a Master's thesis in Law, which addresses the following research problem: does the 1988 Federal Constitution allow for an interpretation according to which Nature is the holder of rights based on indigenous worldviews? The socioenvironmental crisis has been increasingly exacerbated. Addressing it requires a break with the anthropocentric paradigm, in which human beings have been elevated to the reason for all things. The general objective of this work is to investigate whether or not the current constitutional order accepts an interpretation that considers Nature a subject of rights, according to original conceptions. The specific objectives are three: to start from concepts of decolonial theory to analyze the "coloniality of power," developed by Aníbal Quijano, in the relations of the Brazilian State with Indigenous Peoples and with Nature; to verify the transformations of legal subjectivity since the beginnings of modern Law and the possibility of classifying Nature as an "oppressed subject," in the terms developed by Ignacio Ellacuría; This research aims to present the General Theory of the Rights of Nature, differentiating its paradigms, concepts, and principles. Regarding methodology, the intention is to use the dialectical method, with a critical analysis of violence against indigenous peoples and Nature, followed by a more expository section on the various understandings of subjectivity, and concluding with a proposed reading of the Constitutional Text. In the first chapter, through decolonial thought, the roots of Modernity will be explored to question some colonial patterns that sustain a dominating relationship. Both indigenous communities and Nature suffer the consequences of the coloniality of power. Therefore, the research intends to take a decolonial approach to the Human Rights of indigenous peoples and investigate their connection with the Rights of Nature. In the second chapter, to verify the possibility of including Nature as a subject of rights, the evolution of legal subjectivities since the advent of the Modern Age will be analyzed. For this purpose, the theory of the historicization of Human Rights of the liberation philosopher Ellacuría and its eventual analogical application will also be used. Finally, in the third chapter, the text will present a brief history of the Rights of Nature, going through its stilldeveloping General Theory, in order to then offer a reinterpretation of the constitutional order, according to the rights to territory and to the Good Living of the original communities. Fri, 19 Dec 2025 00:00:00 GMT http://repositorio.jesuita.org.br/handle/UNISINOS/13955 2025-12-19T00:00:00Z http://repositorio.jesuita.org.br/handle/UNISINOS/13954 Democracia no exercício da jurisdição constitucional no Brasil: da redemocratização à ascensão do autoritarismo Klein, Fabio Alexandre This research entitled "Democracy and Its Impacts on the Exercise of Constitutional Jurisdiction in Brazil: From Redemocratization to the Rise of Authoritarianism" examines how Brazilian democracy, since the redemocratization process, has shaped the role of constitutional jurisdiction, particularly in a context of growing authoritarianism and institutional dysfunctions. The study analyzes historical milestones such as the military regime, the enactment of the 1988 Constitution, and the transition from liberal to illiberal democracy models. The methodology employed comprises a bibliographic review and qualitative content analysis, emphasizing the complex interactions between constitutionalism and the challenges posed by democratic erosion. The findings reveal that the rise of authoritarian practices undermines fundamental principles, affecting judicial independence and subverting democratic foundations to the detriment of rights and freedoms. Thu, 27 Feb 2025 00:00:00 GMT http://repositorio.jesuita.org.br/handle/UNISINOS/13954 2025-02-27T00:00:00Z http://repositorio.jesuita.org.br/handle/UNISINOS/13953 Federalismo cooperativo e direito à saúde no Brasil: uma análise sobre a distribuição infraconstitucional de competências entre os entes federativos Gitrone, Denis Gustavo This master's thesis investigates the right to health in Brazil, based on the following research problem: the infraconstitutional normative organization that distributes and regulates the administrative powers of Federative Entities meets the fundamental precept that, under the terms of the Constitution of the Federative Republic of Brazil, is health a right for everyone and a duty of the State? To address this issue, the study is divided into three distinct chapters, each corresponding to one of the specific objectives of the research. The first investigates the right to health in its theoretical and normative aspects. The second seeks to establish a kind of portrait of Brazilian public health. The last chapter focuses on the infraconstitutional distribution of powers between the federative entities and the Judiciary's handling of these issues. It was concluded that judicial intervention should be seen as a component of the health system, since the Judiciary can contribute to improving the Executive's decisions. This strengthens collaboration between the different powers and civil society in the search for the realization of the right to health. The methodological stance is phenomenological-hermeneutic. Mon, 31 Mar 2025 00:00:00 GMT http://repositorio.jesuita.org.br/handle/UNISINOS/13953 2025-03-31T00:00:00Z http://repositorio.jesuita.org.br/handle/UNISINOS/13952 A adoção de práticas de justiça restaurativa em contraposição à calamidade do encarceramento em massa: por uma resposta eficiente à política de drogas no Brasil Salonski Filho, Carlos Augusto In the context of the problems faced by current criminal doctrine and jurisprudence, there are two issues that are the subject of constant debate, given the difficulty of finding solutions to improve the social situation, namely mass incarceration and national drug policy. It is no coincidence that the failure of both policies has resulted in 31% of the prison population being incarcerated for crimes related to the Drug Law. Thus, through a broad philosophical and historical analysis, this work aims to present the concept of Restorative Justice, expose its philosophical bases, demonstrate its affinity with humanistic criminal and criminological theories, and cite the first experiments of this institute in history. Therefore, from the perspective that it is already used in various legal systems around the world with effective success, the objective is to demonstrate that, once Restorative Justice practices are adopted within the Brazilian Criminal Justice system, in the sense that many of the methods to be implemented are alternatives to imprisonment in a closed regime and based on this new direction, they will reduce the prison population, thus becoming a new pillar of the National Drug Policy. In this context, Restorative Justice can be established by bringing a new perspective to modern criminal rationality. Based on the values of otherness, humanization, and resocialization, restorative practices, when incorporated into our system, can implement dialogue and conflict resolution through composition and reconciliation, recognizing the almost infinite capacity of human beings to regenerate themselves. Mon, 20 Oct 2025 00:00:00 GMT http://repositorio.jesuita.org.br/handle/UNISINOS/13952 2025-10-20T00:00:00Z http://repositorio.jesuita.org.br/handle/UNISINOS/13951 A proteção de dados pessoais e os limites do consentimento nas plataformas “gratuitas” de serviço: contribuições da União Europeia para o Mercosul Slongo, Andressa Zanfonatto La tesina aborda el Derecho de la Unión Europea en materia de protección de datos personales de los consumidores y los límites del consentimiento prestado en las plataformas de servicios en línea, con el fin de identificar las principales contribuciones a la formación del Derecho del MERCOSUR. A la luz de lo anterior, se plantea el siguiente problema de investigación: ¿Cuáles son las principales contribuciones del Derecho de la Unión Europea en materia de protección de datos personales, especialmente en lo que se refiere al consentimiento del consumidor para el tratamiento de datos relativos al uso de plataformas de servicios “gratuitos”, a la formación del Derecho del MERCOSUR? Para responder al problema de investigación, se determinó la siguiente hipótesis de trabajo: El Derecho de la UE, en materia de protección de datos personales y límites establecidos por el consentimiento, se encuentra en una etapa mucho más avanzada que el Derecho del MERCOSUR, debido a que la protección de datos ya es reconocida como Derecho Fundamental, de conformidad con el artículo 8 de la Carta de Derechos Fundamentales. Además, el propio RGPD contiene varias disposiciones sobre el consentimiento, como por ejemplo, el artículo 6, apartado 1, letra “a”, que establece que el tratamiento de datos personales solo será lícito en la medida en que se compruebe que su titular ha dado su consentimiento para el tratamiento de sus datos para uno o varios fines específicos. El apartado “b” del mismo artículo establece que el tratamiento de datos es lícito cuando es necesario para la ejecución de un contrato en el que el titular de los datos es parte, o para gestiones precontractuales a petición del titular de los datos, como en los casos de contratos de consumo online celebrados en el entorno digital. De este modo, la primera contribución al Derecho del MERCOSUR es reconocer la protección de datos personales como Derecho Fundamental y, posteriormente, la creación de una norma regional que regule el uso de plataformas digitales gratuitas, con disposiciones específicas sobre el proceso de tratamiento de datos realizado en el ámbito integrado, que solo se considerará lícito ante la obtención expresa del consentimiento previo, libre e informado del consumidor. El objetivo general es analizar, desde una perspectiva crítica y transdisciplinaria, cómo la UE regula la protección de datos de los consumidores, con especial énfasis en los límites del consentimiento establecidos en los términos y políticas de privacidad de los contratos de consumo en línea relativos al uso gratuito de plataformas digitales, y cuáles serían las principales contribuciones del bloque europeo a la construcción del Derecho del MERCOSUR en la materia. La investigación es cualitativa y exploratoria, y emplea métodos normativos-descriptivos, comparativos y monográficos, así como técnicas bibliográficas y documentales. Como resultado, se concluye que el Derecho de la Unión Europea puede contribuir a la construcción del Derecho del MERCOSUR en la materia en cuestión, con el fin de brindar mayor seguridad a los consumidores del MERCOSUR que operan en el comercio electrónico, confirmando la hipótesis de trabajo presentada inicialmente.; The dissertation addresses European Union law on the protection of consumers' personal data and the limits of consent given on online service platforms, with the aim of mapping the main contributions to the formation of MERCOSUR law. In light of the above, the research question is presented: What are the main contributions of European Union law on personal data protection, especially with regard to consumer consent for the processing of data relating to the use of « free » service platforms, to the formation of MERCOSUR law? To answer the research question, the following working hypothesis was established: EU law on personal data protection and the limits established by consent is at a much more advanced stage than MERCOSUR law, because data protection is already recognized as a fundamental right, according to Article 8 of the Charter of Fundamental Rights. In addition, the GDPR itself has several provisions on consent, such as Article 6, item 1, subparagraph “a,” which determines that the processing of personal data will only be lawful to the extent that it is verified that the data subject has given their consent to the processing of their data for one or more specific purposes. Subparagraph “b” of the same article provides that data processing is lawful when necessary for the performance of a contract to which the data subject is party, or for pre-contractual measures at the request of the data subject, as in the case of online consumer contracts concluded in the digital environment. Thus, the first contribution to MERCOSUR law is to recognize the protection of personal data as a fundamental right and, subsequently, to create a regional standard regulating the use of free digital platforms, with specific provisions on the data processing carried out in the integrated environment, which will only be considered lawful upon obtaining the express, free, and informed consent of the consumer. The overall objective is to analyze, from a critical and transdisciplinary perspective, how the EU regulates consumer data protection, with special emphasis on the limits of consent established in the terms and privacy policies in online consumer contracts relating to the free use of digital platforms, and what would be the main contributions of the European bloc to the construction of MERCOSUR law in this area. The research is qualitative and exploratory, using normative-descriptive, comparative, and monographic methods, as well as bibliographic and documentary techniques. As a result, it is concluded that European Union law can contribute to the development of MERCOSUR law on the matter in question, in order to provide greater security to MERCOSUR consumers engaged in e-commerce, confirming the working hypothesis initially presented. Fri, 03 Oct 2025 00:00:00 GMT http://repositorio.jesuita.org.br/handle/UNISINOS/13951 2025-10-03T00:00:00Z http://repositorio.jesuita.org.br/handle/UNISINOS/13949 O jusnaturalismo neoclássico como substrato hermenêutico dos direitos humanos Segundo, Aloisio Cansian This dissertation aims to demonstrate the correlation between neoclassical natural law theory and the hermeneutical territoriality of human rights, presenting this strand of natural law as the theoretical matrix that best aligns with the concept of fundamental human rights. Natural law theory in its essential core establishes a necessary connection between law and its content and, historically, several historicalphilosophical perspectives through which natural law theory has occurred present a series of possible theoretical perspectives in understanding this bond and its foundation. Initially, the study seeks to demonstrate how Thomas Aquinas, as the paradigmatic exponent of natural law theory, structured the connections surrounding the concept of natural law, its relationship with human law and its association with human nature through practical reasonableness. In a second moment, the work also intends to explore how, in contemporaneity, John Finnis develops the AristotelianThomistic understanding of human nature, as well as the various legal and political issues these themes entail. Finally, the dissertation analyses the constitution of legal subjectivity throughout modernity and the structuring of human rights within the contemporary Western legal framework, exploring the transmutation of natural law thought into the secular and rationalist territory in which contemporary State is rooted, as well as the hermeneutic consequences of human rights legal discourse within national constitutions and legal systems. We thus conclude that the legal framework of subjective rights is deeply underpinned in the ontoteleological conception of human being that natural law thought has developed over centuries, making natural law the most appropriate theoretical foundation not only for human rights in strict sense but also fundamental rights and subjective rights in general in their most varied aspects. Mon, 05 May 2025 00:00:00 GMT http://repositorio.jesuita.org.br/handle/UNISINOS/13949 2025-05-05T00:00:00Z http://repositorio.jesuita.org.br/handle/UNISINOS/13916 O princípio da precaução nos acordos comerciais bilaterais negociados pela União Europeia: impactos nos sistemas de solução de controvérsias Cabral, Nathália Kovalski This dissertation deals with the consequences of the inclusion of the Precautionary Principle under different dispute settlement systems contained in the new generation Bilateral Trade Agreements negotiated by the European Union, and seeks to answer the following research question: What impacts can the Precautionary Principle, when included in different chapters of the new generation Bilateral Trade Agreements negotiated by the European Union, have on their respective dispute settlement mechanisms? The working hypothesis presented is that, depending on the chapter in which the Precautionary Principle is inserted, disputes involving it may be analysed by different dispute settlement mechanisms provided in the new generation Bilateral Trade Agreements negotiated by the European Union, which, in turn, may lead to consequences of greater or lesser impact in terms of the binding nature of the decisions rendered. To support the research, the general objective is to investigate the impacts of the Precautionary Principle on the dispute settlement systems, resulting from its inclusion in different chapters of the new generation Bilateral Trade Agreements negotiated by the European Union with third States or regions. The research adopts a qualitative approach, using normative-descriptive, historical, and comparative procedural methods, from a critical and interdisciplinary perspective. The theoretical approach method is dialectical, considering the economic, political, and social context of the research. The research techniques are bibliographic and documentary. The investigations demonstrated that the European Union’s trade agreements operate under a dual logic of dispute resolution: a binding system for traditional commercial obligations and a non-binding system for the Trade and Sustainable Development Chapter, where the Precautionary Principle is generally included. Although this principle may also be analysed under the binding system through the Sanitary and Phytosanitary Measures Chapter, its application is severely limited by WTO precedents, which compromises its effectiveness and partially confirms the proposed hypothesis.; La presente disertación versa sobre las consecuencias de la previsión del Principio de Precaución por parte de diferentes sistemas de solución de controversias contenidos en los Acuerdos Comerciales Bilaterales de nueva generación negociados por la Unión Europea, y busca responder al siguiente problema de investigación: ¿Qué impactos puede ocasionar el Principio de Precaución, cuando está previsto en distintos capítulos de los Acuerdos Comerciales Bilaterales de nueva generación negociados por la Unión Europea, en sus respectivos mecanismos de solución de controversias? La hipótesis de trabajo presentada es que, dependiendo del capítulo en el cual se inserte el Principio de Precaución, las controversias que lo involucren podrán ser analizadas por diferentes mecanismos de solución de controversias previstos en los Acuerdos Comerciales Bilaterales de nueva generación negociados por la Unión Europea, lo que, a su vez, podrá traer consecuencias de mayor o menor impacto en términos de obligatoriedad en el cumplimiento de las decisiones emitidas. Para fundamentar la investigación, el objetivo general es investigar los impactos del Principio de Precaución en los sistemas de solución de controversias, derivados de su previsión en distintos capítulos de los Acuerdos Comerciales Bilaterales de nueva generación negociados por la Unión Europea con terceros Estados o regiones. La investigación adopta un enfoque cualitativo, utilizando los métodos de procedimiento normativo-descriptivo, histórico y comparativo, desde una perspectiva crítica e interdisciplinaria. El método de enfoque teórico es el dialéctico, considerando el contexto económico, político y social de la investigación. A su vez, las técnicas de investigación utilizadas son la bibliográfica y la documental. Las investigaciones demostraron que los acuerdos comerciales de la Unión Europea operan con una lógica dual de resolución de disputas: un sistema vinculante para las obligaciones comerciales clásicas y otro, no vinculante, para el Capítulo de Comercio y Desarrollo Sostenible, donde el Principio de Precaución suele estar previsto. Aunque dicho principio también puede ser analizado dentro del sistema vinculante a través del Capítulo sobre Medidas Sanitarias y Fitosanitarias, su aplicación se ve severamente limitada por los precedentes de la OMC, lo que compromete su efectividad y confirma parcialmente la hipótesis propuesta. Tue, 29 Apr 2025 00:00:00 GMT http://repositorio.jesuita.org.br/handle/UNISINOS/13916 2025-04-29T00:00:00Z http://repositorio.jesuita.org.br/handle/UNISINOS/13888 A contribuição previdenciária garantida ao segurado especial rural: uma releitura a partir do uso de inteligência artificial para os trabalhadores do campo Vicentini, Raquel Barbosa de Castro This Master's Thesis has as its theme social security in Brazil and its roots in the European social security models, especially in the Bismarckian and Beveridgian systems, which influenced the creation of social protection in the country. The theoretical foundation of the present study analyzes the evolution of social security, from its initial conception as a political instrument to its transformation into a fundamental right guaranteed by the Federal Constitution of 1988. The problem of this research highlights the central challenges of the Brazilian social security system, among which the characterization of the special insured, a category that encompasses rural workers, artisanal fishermen and extractivists, whose regulation has evolved over time. The Federal Constitution of 1988 guaranteed the definitive inclusion of the special insured in the General Social Security Regime (RGPS), establishing differentiated criteria for contribution and access to benefits. However, challenges persist regarding the definition of objective criteria for the characterization of this worker, especially in relation to the proof of rural activity and the absence of a financial limit that mischaracterizes the condition of special insured. This point raises questions about the legal nature of the benefits granted and the distinction between social security protection and social assistance. In addition, the research highlights the importance of judicial decisions in the interpretation of social security legislation, emphasizing how case law has influenced the characterization of the special insured. The absence of clear normative criteria impacts the granting of benefits and can compromise the sustainability of the social security system, given the difficulty of establishing limits for the inclusion of new beneficiaries. As a preliminary result, the study proposes a reflection on the need for legislative and regulatory adjustments to ensure greater legal certainty and financial balance to the social security system. Fri, 04 Jul 2025 00:00:00 GMT http://repositorio.jesuita.org.br/handle/UNISINOS/13888 2025-07-04T00:00:00Z http://repositorio.jesuita.org.br/handle/UNISINOS/13887 A continuidade das empresas familiares agropecuárias Silveira, Maria Eugênia Pereira Saraiva This research focuses on the continuity of family-owned agricultural businesses, aiming to show how planned succession will ensure the continuity of businesses for future generations, especially given the fact that few family businesses manage to reach the third generation of succession, and the combination of mechanisms and instruments of succession planning can contribute to conferring sustainability on the continuity of these businesses. The research problem focuses on answering how to ensure the continuity of family-owned agricultural businesses? From this, effective instruments and mechanisms are presented to prevent the dismemberment of rural structures built by generations at the time of succession. This is the general objective of the work, and to achieve it, as specific objectives, it is necessary to understand the structure of the contemporary Brazilian family and family-owned agricultural businesses, analyze unplanned succession, understand the instruments of succession planning and mechanisms extracted from the principles of family governance. The methodology used is theoretical, descriptive and exploratory, with the use of technical bibliographic procedures, including a systematic review of the literature, as well as analysis of legislative texts and case law. The research was classified as descriptive research, since its objective was to describe the characteristics of a given population or phenomenon, or to establish variable relationships. The research-as-observer method was also used in order to gain knowledge of the culture of families dedicated to the agricultural sector and how the activity develops in this sector. In the end, it was concluded that traditional succession planning instruments, such as wills, donations and holding companies, by themselves, are not capable of ensuring the continuity of agricultural activities in a harmonious way, and effective mechanisms for this can be found in family governance, professionalization and family protocols. As a practical result of the research, a booklet entitled “The continuity of the family agricultural business” was prepared, which provides information in a simple way to rural landowners with the aim of informing them of the existence of legal succession planning instruments and also mechanisms capable of providing sustainability so that rural property, built by at least one generation, is not dismembered at the time of succession. Wed, 30 Apr 2025 00:00:00 GMT http://repositorio.jesuita.org.br/handle/UNISINOS/13887 2025-04-30T00:00:00Z http://repositorio.jesuita.org.br/handle/UNISINOS/13886 Gratuidade da justiça no direito previdenciário: busca pelo direito fundamental à prova e a necessidade de definição de critérios para sua concessão Schmitz, Luna This dissertation analyzes the effectiveness of free legal aid in social security law, highlighting its relationship with the fundamental right to evidence and the need to establish objective criteria for its granting. The study is based on the premise that, although free legal assistance is a constitutionally guaranteed right, its implementation in the social security sphere faces obstacles that limit access to justice, especially for economically vulnerable claimants. The research question posed is: does the absence of objective criteria for granting free legal aid compromise the guarantee of the fundamental right to evidence and, consequently, access to justice itself? The hypothesis suggests that the lack of clear parameters for the granting of this benefit results in arbitrary judicial decisions, generating legal uncertainty and inequality among litigants. The general objective of the research is to analyze the challenges and limitations of free legal aid in social security law, aiming to demonstrate how the absence of defined criteria can hinder the effectiveness of the fundamental right to evidence. The dissertation is organized into two chapters. The first analyzes the effectiveness of free legal aid in the context of social security, based on its origins, comparative legal application, national regulation, and current limitations. The second chapter addresses the fundamental right to evidence as an expression of access to justice, investigating the impacts of procedural costs, the regional and social inequalities faced by claimants, and the need for legislative regulation of free legal aid. The research adopts the deductive method, with a qualitative approach, bibliographic review, and analysis of concrete cases. It concludes that the limitation on the funding of medical expert examinations in social security proceedings—without provision for other necessary technical examinations—undermines the effectiveness of free legal aid and reinforces inequalities in access to justice. Therefore, a legislative review is necessary to broaden the coverage of procedural costs, ensuring the full realization of the fundamental right to evidence and promoting social justice within the scope of social security. Tue, 20 May 2025 00:00:00 GMT http://repositorio.jesuita.org.br/handle/UNISINOS/13886 2025-05-20T00:00:00Z http://repositorio.jesuita.org.br/handle/UNISINOS/13885 O regime jurídico das invalidades das sociedades limitadas: vícios do contrato social e das deliberações assembleares Endres, Gabrielle Cristina The topic of invalidity in corporate law, although little studied in our country, is one of the most complex and throbbing that is known. The lack of a proper regime and in accordance with the reality of economic life, generates many doubts and insecurity in our current system. The matter that has its own regulation - let it be said, incomplete - only in our Corporations Law, generating many doubts in its field of action, is even more insecure for limited companies, as the legislator has shown itself silent in the chapters where it could have dealt with the topic, only bringing a hypothesis of annulment for this type of company. This is the one foreseen in article 1.078, §4o c / c §3o, of the Civil Code, which brings a period of 02 (two) years for the annulment of the approval of the balance sheet and the economic result. The norm, in addition to being very specific, does not provide for the initial milestone of counting the term. In addition, as a rule, under the law, limited liability companies have subsidiary regulation of the provisions applied to simple companies, unless their articles of association expressly provide for supplementary regulation by the LSA. Thus, in the case of a limited company that is not governed by the rules of anonymity, the general rules set out in the Civil Code are applied. In the first chapter, therefore, the autonomy of business (corporate) law will be discussed, outlining a conceptual and historical panorama on the matter. Afterwards, it was necessary to carry out an in-depth study of the legal regime of nullities, as woven by the General Theory of Civil Law. In the third chapter, a thorough analysis was carried out on the applicability of such theory to corporate matters, including the nullity regime adopted by the Law of Corporations, as well as the importance and use of the principle of sanity, a basic and fundamental point for this search. With the observance of all these institutes, we sought to verify, in the fifth chapter, the most relevant characteristics of limited liability companies, in order to verify the regime applicable to the invalidities of the social contracts and the vices of assembly of this type of business. For this, a jurisprudential analysis was carried out with the Courts of the States of Rio Grande do Sul, Paraná and São Paulo in order to verify how they have been positioning themselves on the subject. Finally, there was an urgent need to create a specific and special theory for business law, above all and mainly due to the demands of security in the flow of commercial relations, agility and legal expertise, which made it possible to bring (in annex), as a practical delivery to this work, a proposal for a legislative amendment to the Civil Code. Mon, 16 May 2022 00:00:00 GMT http://repositorio.jesuita.org.br/handle/UNISINOS/13885 2022-05-16T00:00:00Z http://repositorio.jesuita.org.br/handle/UNISINOS/13884 Leis de incentivo econômico como normas indutoras de conduta, uma análise econômica dos incentivos tributários Almeida, Filipe Heuser de Taxation is a very important element in life in society, either because it is the form of support for State structures and activities, or because of the transaction costs borne by those who are subject to this taxation. The fact is, it’is an element present in the daily life of society. It turns out that this taxation is a transaction cost, therefore, it´s a market failure. Market failures can change the behavior of agents, moving them away from high-cost conduct, thus, high tax burdens will keep agents away from carrying out transactions. Notably, when an agent stops carrying out transactions the entire chain ends up losing, the State loses by failing to collect taxes, society loses by not reaping the positive externalities of transactions and the agent itself loses by not transacting. Otherwise, when the State reduces or removes the tax burden through exemptions, it generates the necessary stimulus for agents to transact. Thus, inversely to the effect of increasing taxes, their reduction can induce entrepreneurship, which generates positive externalities for society as a whole. As a result of this effect, the public entity can use the tax rule, establishing tax benefits, to induce the entrepreneurial behavior of agents, this is the State using the tax in an extrafiscal way to achieve a win-win situation. From an Law and Economics it’s possible to understand this correlation between an increase or decrease in taxes and changes in the conduct of agents. Mon, 25 Aug 2025 00:00:00 GMT http://repositorio.jesuita.org.br/handle/UNISINOS/13884 2025-08-25T00:00:00Z http://repositorio.jesuita.org.br/handle/UNISINOS/13883 A reafirmação da data de entrada do requerimento (DER) no direito previdenciário brasileiro: um estudo sobre os desafios e a importância da aplicação justa e sustentável do benefício Carvalho, Eloise Andrade This research delves into the intricate issue of the reaffirmation of the Date of Entry of the Request (DER) within the Brazilian Social Security Law, underscoring its paramount relevance in safeguarding the subjective rights of insured individuals and promoting the pursuit of social justice. This multifaceted study examines the pivotal role of the reaffirmed DER as a mechanism for aligning the granting of benefits with the precise moment when the insured party successfully meets the required legal criteria, in accordance with the established jurisprudential understanding embodied in the landmark Theme 995 of the Superior Court of Justice. The research, conducted with methodological rigor, addresses the theoretical, normative, and jurisprudential aspects that converge upon the matter, delving into an analysis of constitutional principles of significant import, such as human dignity, the primacy of ascertainment, and selectivity axiological pillars that underpin the social security system. Furthermore, this dissertation does not shy away from scrutinizing the financial and administrative impacts that the application of the reaffirmed DER radiates upon the social security system, carefully weighing the burdens and benefits that emanate therefrom. In this vein, the study proposes the adoption of a set of measures aimed at optimizing the application of the reaffirmed DER, including the issuance of specific regulations, the implementation of training programs for the civil servants of the National Institute of Social Security (INSS), and the strategic utilization of cutting-edge technologies, with the goal of ensuring greater efficiency, equality, and sustainability within the system. The investigation, carried out with diligence and precision, allows for the conclusion that the reaffirmed DER, when managed with proficiency and responsibility, strengthens the social security system in its entirety, promoting a healthy balance between the imperative protection of the rights of insured individuals and the inexorable economic viability of the system. By guaranteeing that the benefit is granted at the moment when the insured party effectively satisfies the legal requirements, the reaffirmed DER contributes to the mitigation of litigation, the streamlining of processes, and the consolidation of a culture of respect for social rights. In final analysis, this dissertation corroborates the thesis that the reaffirmation of the DER is not merely a technical-administrative adjustment, but rather embodies an ethical and legal imperative that reflects the unwavering commitment of the Democratic State of Law to social justice and the protection of human dignity. By recognizing the right of the insured party to have their benefit granted at the appropriate time, the reaffirmed DER contributes to the construction of a more just, solidary, and inclusive society. In light of the foregoing, the research presents a range of suggestions for improving the practice of reaffirming the DER, aiming to ensure that this instrument effectively safeguards social rights and promotes a more equitable and efficient social security system. Tue, 17 Jun 2025 00:00:00 GMT http://repositorio.jesuita.org.br/handle/UNISINOS/13883 2025-06-17T00:00:00Z http://repositorio.jesuita.org.br/handle/UNISINOS/13882 O direito à desconexão no trabalho de plataforma: impactos e desafios jurídicos e socioeconômicos Wedy, Carla Regina Thomé This dissertation investigates the possibility of applying the right to disconnect to digital platform workers, focusing on drivers and delivery people, regardless of their legal ties with intermediary companies. Based on the transformations brought about by the Fourth Industrial Revolution, the work analyzes the emergence of digital platforms as new institutional structures for organizing work, reflecting on their impacts on workers' health, dignity, and free time. Based on the Transaction Cost Theory of the New Institutional Economy, the characterization of digital platforms as autonomous forms of governance is analyzed. The right to disconnect is examined in the Brazilian legal system, based on the 1988 Federal Constitution and international standards, as well as through a comparative analysis of the legislation of countries such as France, Spain, Italy, Chile, and Portugal. Finally, it is proposed that the right to disconnect be incorporated in Brazil through the Regulatory Norms of the Ministry of Labor and Employment, especially to guarantee the protection of the health and safety of platform workers. The study concludes that the right to disconnect constitutes a legal and social imperative compatible with the fundamental principles of the Democratic State of Law. Tue, 17 Jun 2025 00:00:00 GMT http://repositorio.jesuita.org.br/handle/UNISINOS/13882 2025-06-17T00:00:00Z http://repositorio.jesuita.org.br/handle/UNISINOS/13878 Lonl L. Fuller e a moralidade interna do direito: os oito desiderata como limites ao exercício da autoridade Silva, Giovanna Thaís Dias da The present research aims to understand Lon L. Fuller’s theory of the internal morality of law, based on the hypothesis that it constitutes a conception of the Rule of Law, one that responds to the problem of arbitrariness in public decision-making, both at the level of norm production and application (legislative, executive, and judicial). Although Fuller primarily focused on the integrity of legislation, this research hypothesizes that his theory also addresses arbitrariness across other domains of public power. To investigate this, a bibliographical study was conducted, analyzing Fuller’s own writings, the works of his critics, and those of his commentators, adopting a phenomenological-hermeneutic methodological approach, in line with Lenio Streck’s Hermeneutic Critique of Law. The research was structured in three chapters, covering, in summary: (i) who Lon Fuller was and the problems he sought to address; (ii) the philosophical foundations that inspired his conceptions; (iii) what the internal morality of law entails and its constitutive principles, including Fuller’s concept of law and its relationship with citizens’ obedience to norms; and (iv) the confirmation of the research hypothesis — that Fuller’s theory offers a potential response to the challenge of discretion in public decision-making and constitutes a valid understanding of the Rule of Law. The research concluded that Fuller’s internal morality of law should indeed be understood as a conception of the Rule of Law, as it establishes objective and rational criteria that limit the arbitrary exercise of public power. It further demonstrated that Fuller’s conception is not merely a technical set of formal requirements, but an ethical demand grounded in reciprocity and respect for individual autonomy. Thus, Fuller’s theory provides significant normative foundations for confronting discretion and contributes to the strengthening of the Rule of Law and the legitimacy of decision-making institutions. Fri, 22 Aug 2025 00:00:00 GMT http://repositorio.jesuita.org.br/handle/UNISINOS/13878 2025-08-22T00:00:00Z http://repositorio.jesuita.org.br/handle/UNISINOS/13700 O dever de transparência na divulgação de informações e a confidencialidade na arbitragem societária de companhias abertas: proposta de compatibilização Araújo, Thiago Volpi de This work assesses the dichotomy between the corporate law arbitration confidentiality in Brazil and the securities market transparency. Whereas in Brazil the arbitrations are confidential, even though not from the law itself, but from the arbitration courts regulations and the arbitration clauses on companies bylaws, the securities market requires transparency so that the investors are able to valuate the equities in which they invest. From the referred problem, the essay seeks to comprehend the best way to converge the interests among the public company, the investors and the market as a whole. To achieve this goal and to answer the following question “which is the most efficient way to disclose the information concerning corporate arbitration?”, the dissertation studies the economic theories that justifies the duty to disclose on securities market, as well as the historic development of this duty in the United States of America – country where the securities market is one of the most developed in the planet – and in Brazil. Then, it is studied the dictates of arbitration confidentiality and seek a convergence between confidentiality and the duty to disclose information, aspiring to find a solution which is efficient in Kaldor-Hicks terms. The last chapter of the essay before the conclusion, is an analysis of more than 40 public companies and more than 1.000 documents disclosed by those companies to the market between march 2022 and june 2024 (the time lapse between the Comissão de Valores Mobiliarios’ regulation that implies the disclosure of corporate arbitrations and the date of the research of the documents) so that it is possible to suggest on the appendix to this essay a standard form to disclose the information concerning the corporate arbitrations. The result found, therefore, is that the most efficient way of disclosing the information concerning the corporate arbitrations is through a standardization of the documents, facilitating both the elaboration of the document by the company and its analysis by the both the shareholders and the market as a whole. Wed, 19 Feb 2025 00:00:00 GMT http://repositorio.jesuita.org.br/handle/UNISINOS/13700 2025-02-19T00:00:00Z http://repositorio.jesuita.org.br/handle/UNISINOS/13698 A Responsabilidade civil do registrador de imóveis nos documentos assinados digitalmente Aliatti, Elaine This work is an Applied Professional Master's Dissertation in Law addressing a topic that is part of the professional life of a Property Registrar in the face of new technologies. Technological evolution becomes increasingly faster, and it is up to Law to follow it as a way of standardizing it or as a tool to serve the purposes of Law itself. Until recently, there were only physical documents, now technology has created digital documents, resulting in new ways of carrying out transactions. The Property Registrar must monitor all of this evolution, as the titles subject to registration are now sent through the electronic registration center, meaning that this professional, when qualifying the title, is aware of the validity of the digital signature and his responsibility in relation to these new documents. This master's thesis has as its theme the civil liability of the Property Registrar in digitally signed documents. Thus, the problem of this research is: what are the elements that define the civil liability of the Property Registrar in cases of titles digitally signed by private individuals? The hypothesis is raised that the presentation of digitally signed titles by individuals contains the same elements of civil liability as other titles received in physical form, but with the addition of the obligation to validate the digital signature, resulting in new precautions to guarantee the security of legal acts, under penalty of being held civilly liable. The general objective is to identify what can be done to eliminate the civil liability of the Property Registrar in digitally signed documents. The specific objectives are the following: verify the civil liability of the real estate registrar; take a theoretical approach to the different types of existing digital signatures; assess civil liability in digital signatures and present measures to mitigate the risks of civil liability. The methodology used in this research was qualitative, with the technique of national and international documentary and bibliographical research. The conclusion confirms the hypothesis, and it is up to the Property Registrar to qualify the digital titles by checking the validity of the digital signature to eliminate civil liability for their actions. Mon, 14 Apr 2025 00:00:00 GMT http://repositorio.jesuita.org.br/handle/UNISINOS/13698 2025-04-14T00:00:00Z http://repositorio.jesuita.org.br/handle/UNISINOS/13686 Os outros animais em juízo: entre a coerência jurídica e o especismo processual no Brasil Paludo, Evelyne Danielle This research analyzes the possibility of affirming that animals possess legal personality and the legal status of natural persons under Brazilian law. It investigates whether the notions of legal personality and natural persons are inapplicable to animals, or whether the denial of their applicability reflects a legal interpretation influenced by exclusionary morality and speciesism. The central research question is: how is it possible to argue that, since the enactment of the Federal Constitution of the Federative Republic of Brazil in 1988, nonhuman animals possess legal and judicial personality? To address this question, the study begins with the hypothesis that it is possible to provide a rationally justified interpretation of the constitutional and infraconstitutional norms that regulate the legal status of nonhuman animals in Brazil. This interpretation stems from a critical reexamination of the categories and concepts of the General Theory of Law and Procedure, combined with the hermeneutics of fundamental rights and the contributions of Animal Law to Brazilian legal thought. The general objective is to identify, based on constitutional and legal guidelines interpreted through this critical lens, the possibility of recognizing the legal and judicial capacity of nonhuman animals, thereby proposing a new paradigm regarding the subjects of law and procedure. The research is divided into three chapters. The first addresses the concepts from the General Theory of Law and Procedure that serve as the foundation for the analysis. The second chapter explores, based on scientific literature, the natural personality of animals and their capacities, examining the possibility of including these beings in legal relations. The third chapter analyzes doctrinal theses on the legal nature of animals and the coherence of their application, based on the concepts of the General Theory of Law. Judicial decisions that regard animals as subjects of rights are also presented in order to assess the consistency of these interpretations. The study concludes that, based on the rules of positive law and a non-speciesist understanding of the General Theory of Law, animals must be recognized as natural persons, with legal personality and the capacity to hold rights.; Esta investigación analiza la posibilidad de afirmar que los animales poseen personalidad jurídica y la condición de personas naturales en el derecho brasileño. Se investiga si estas nociones son inaplicables a los animales o si su negación refleja una interpretación jurídica influenciada por una moral excluyente y el especismo. La pregunta central es: ¿cómo es posible defender que, desde la promulgación de la Constitución de la República Federativa de Brasil en 1988, los animales no humanos poseen personalidad jurídica y judicial? Para responder, se parte de la hipótesis de que es posible ofrecer una interpretación racionalmente justificada de las normas constitucionales e infraconstitucionales que regulan su estatus jurídico. Esta interpretación se basa en una revisión crítica de las categorías y conceptos de la Teoría General del Derecho y del Proceso, junto con la hermenéutica de los derechos fundamentales y las contribuciones del Derecho Animal al pensamiento jurídico brasileño. El objetivo general es identificar, desde esta perspectiva crítica, la posibilidad de reconocer la capacidad jurídica y judicial de los animales no humanos, proponiendo un nuevo paradigma sobre los sujetos del derecho y del proceso. La investigación se divide en tres capítulos. El primero trata los conceptos de la Teoría General del Derecho y del Proceso que fundamentan el análisis. El segundo explora, con base en la literatura científica, la personalidad natural de los animales y sus capacidades, examinando su posible inclusión en las relaciones jurídicas. El tercer capítulo analiza las tesis doctrinarias sobre su naturaleza jurídica y la coherencia de su aplicación, según los conceptos de la Teoría General del Derecho. También se presentan decisiones judiciales que reconocen a los animales como sujetos de derecho, a fin de evaluar la coherencia de estas interpretaciones. Se concluye que, con base en las normas del derecho positivo y en una comprensión no especista de la Teoría General del Derecho, los animales deben ser reconocidos como personas naturales, con personalidad jurídica y capacidad para ser titulares de derechos. Mon, 12 May 2025 00:00:00 GMT http://repositorio.jesuita.org.br/handle/UNISINOS/13686 2025-05-12T00:00:00Z http://repositorio.jesuita.org.br/handle/UNISINOS/13585 Mediação tributária: acesso à justiça, princípios e práticas Lima, Tarciano José Faleiro de Alternative dispute resolution (ADR) have been increasingly used around the world as an option to the traditional judicial system, both due to the speed of procedures in relation to the judicial process and the cost reduction it promotes for citizens and the State. In this sense, the ADR that provides greater autonomy and security to the user is mediation, which is widely accepted in several legal areas. Mediation is the consensual procedure in which a neutral third party leads the parties to dialogue and the formation of an agreement, ending the dispute and preserving human relationships. Tax law now also enters mediation, revolutionizing the form of relationship between tax authorities and taxpayers and adapting it to the agile and complex characteristics of contemporary times. Thus, tax mediation arises. However, as it is still an innovation, the procedure lacks specific literature and the definition of operating principles and rules. This work has the mission of understanding what tax mediation is as access to justice and its relationships with constitutional tax principles and the principles of mediation. With these definitions in hand, legal practitioners will have a theoretical and practical basis for working in tax mediation. Thus, the research problem lies in the lack of specific literature on tax mediation, given its pioneering implementation in the city of Porto Alegre and the existence of a bill under consideration in the National Congress, which should extend its application throughout the country. The general objective of the research, therefore, is to establish parameters for the application of tax mediation in Brazil, while the specific objectives are based on understanding how mediation identifies itself as a means of access to justice, as well as how it can comply with constitutional tax principles and mediation principles, in addition to establishing practices that are consistent with the reality of taxpayers and tax authorities. As for the methodology, essentially outlined through bibliographical research, the research presents an exploratory component, and, since the research topic is incipient in society and lacks literature, including in other countries, it will inevitably encompass the investigation of similar legal institutes for the application or adaptation of their concepts to the practice of tax mediation. The research results present a little-explored facet of the doctrine of mediation, which is the justice of the procedure. The combination of the application of the relatively abstract principles of mediation with the considerable rigidity of tax precepts finds harmonization in the collaborative essence of tax mediation as a means of access to justice. Thu, 16 Jan 2025 00:00:00 GMT http://repositorio.jesuita.org.br/handle/UNISINOS/13585 2025-01-16T00:00:00Z http://repositorio.jesuita.org.br/handle/UNISINOS/13570 A viabilidade da inclusão dos contribuintes individuais como beneficiários do auxílio-acidente no sistema previdenciário brasileiro Propodoski, Graziele This study investigates the legal feasibility and social relevance of extending the accident allowance to individual contributors, who are currently excluded from this social security protection despite regularly contributing to the system. The research addresses the normative gap causing this exclusion by examining Brazilian social security with an emphasis on the principles of universality, equality, and solidarity. The work analyzes the evolution of protection for injured workers and compares the conditions of individual contributors with other insured categories, highlighting disparities in social security coverage. Utilizing a qualitative methodology based on bibliographic and documentary research, the study explores laws, legal doctrines, and jurisprudence to assess the viability of including individual contributors in the benefit, even without prior funding sources. It is argued that the extension of the accident allowance aligns with constitutional principles, and a Direct Action of Unconstitutionality (ADI) is proposed to facilitate this change. The conclusion reinforces that there are legal and social grounds to justify this inclusion, promoting social justice and equality in social security protection. The study contributes to the legal debate and suggests the need for legislative reforms to guarantee the social rights provided in the Constitution. Fri, 20 Dec 2024 00:00:00 GMT http://repositorio.jesuita.org.br/handle/UNISINOS/13570 2024-12-20T00:00:00Z http://repositorio.jesuita.org.br/handle/UNISINOS/13569 A inclusão de cláusula obrigatória de implementação de programa de integridade (compliance) nos acordos de colaboração premiada em crimes empresariais: um estudo de caso originado da Polícia Civil do Ceará Sena, Giuliano Vieira This dissertation deals with the inclusion of a mandatory clause for the implementation of an integrity program (compliance) in plea bargain agreements in investigations of corporate crimes, as recommended in article 4, paragraph III, of Law 12.850/2013. Its problem is: is the inclusion of a mandatory clause for the implementation of a compliance program adequate for the purposes of preventing corporate crimes? The methodology applied is an exploratory, qualitative and bibliographic study, seeking to associate theoretical-dogmatic, doctrinal and jurisprudential research and by through the use of participant observation, as a researcher, as a police officer and, based on his professional experience, enriching the work, following it more closely and generating social impact. In view of the above, the implementation of a mandatory clause for implementing an integrity program (compliance) in plea bargain agreements is appropriate for the purpose of preventing corporate crimes. The first chapter provides a historical overview of the expansion of business justice and the entire path taken to forge the institute of plea bargaining. The second chapter highlights the integrity program (compliance), its development and respective purposes, as well as its theoretical and normative framework. This is followed by the third chapter, which specifically reveals a practical case along the lines defended in this dissertation, with a detailed analysis of a criminal investigation led by the Civil Police of Ceará. Because of this, the subject is legally relevant, opening up new paths for combating crime not only by criminal prosecution agencies, but also at all levels of the company, especially at the top. Fri, 08 Nov 2024 00:00:00 GMT http://repositorio.jesuita.org.br/handle/UNISINOS/13569 2024-11-08T00:00:00Z http://repositorio.jesuita.org.br/handle/UNISINOS/13568 A hipervulnerabilidade socioeconômica do consumidor superendividado na pós-modernidade e os desafios para a harmonização normativa nos Estados Partes do MERCOSUL Araujo Junior, Waldir Gomes Esta tesina pretende analizar cómo sería posible proteger a los consumidores sobreendeudados en tiempos pospandemia y posmodernidad, en el ámbito del MERCOSUR. El objetivo general se basa en el análisis de cómo se puede lograr esa protección a través del estudio de normativas internas, de los proyectos de ley de los Estados Partes del MERCOSUR y de la legislación producida por el bloque en esa materia. En ese contexto, se plantea el siguiente problema de investigación: ¿de qué forma los países del MERCOSUR pueden garantizar la protección necesaria para los consumidores sobreendeudados en tiempos de posmodernidad/pos pandemia?. La hipótesis de trabajo presentada para responder a esa pregunta sostiene que la armonización calificada de las normas de protección al consumidor sobreendeudado, mediante el trabajo realizado por el Comité Técnico nº 7, cuyo objetivo es restablecer de manera responsable al consumidor del MERCOSUR en el mercado de consumo, permitirá aumentar su confianza, reducir los incumplimientos y estabilizar la economía financiera, contribuyendo así a la profundización de la integración regional. Para lograr tal objetivo, se realizó una investigación cualitativa, utilizando los métodos de trabajo normativo-descriptivos y comparativo, basados en técnicas de investigación bibliográfica y documental, que permitieron identificar y analizar las normas y proyectos de ley de los Estados Partes y del MERCOSUR. En definitiva, se puede identificar que la hipótesis planteada es parcialmente correcta, puesto que, la armonización calificada de normas en el ámbito del MERCOSUR es sólo una de las formas de lograr la necesaria protección de los consumidores sobreendeudados dentro del bloque económico.; This thesis sought to analyze how over-indebted consumers can be protected in times of post-pandemic and post-modernity, within the scope of MERCOSUR. The overall objective aimed at analyzing how the over-indebted consumer can be protected in post pandemic/post modernity times, through the study of internal regulations, bills of MERCOSUR’s State Parties and the law produced by the bloc in regards to this matter. When faced with this issue, the present research questions: How can MERCOSUR States Parties guarantee the protection of over-indebted consumers in times of post-modernity/pandemic? The proposed working hypothesis to answer this question argues that the qualified harmonization of over-indebted consumer protection standards, through the work carried out by Technical Committee no. 7, aiming to responsibly reinstate the Mercosur consumer back in the consumer market, will allow for the increase in their confidence in the market, default reduction and the stabilization of the financial market/economy, thus contributing to the deepening of regional integration. To achieve the proposed objective, qualitative research was carried out, using normative-descriptive and comparative procedure methods, based on bibliographic and documentary research techniques, which favored identifying and analyzing the norms and bills of the States Parties and of MERCOSUR. In the end, the proposed hypothesis was considered to be partially true, insofar as the qualified harmonization of standards within the scope of MERCOSUR is only one of the ways to achieve the necessary protection of overindebted consumers within the economic bloc. Wed, 31 Jul 2024 00:00:00 GMT http://repositorio.jesuita.org.br/handle/UNISINOS/13568 2024-07-31T00:00:00Z http://repositorio.jesuita.org.br/handle/UNISINOS/13489 A expansão indevida da esfera pessoal protegida nas propostas legislativas federais anti direitos LGBTQIA+ como estratégia discriminatória neoliberal Thewes, Gabriela da Cunha Considering the current discriminatory and violent Brazilian scenario regarding LGBTQIA+ individuals, this work examines, in light of anti-discrimination law and drawing from Wendy Brown's critique, the legislative initiatives that establish discriminatory treatments, which employ the neoliberal strategy of expanding the protected personal sphere and distorting the concept of freedom to violate, exclude, deny, or diminish the rights of LGBTQIA+ people. After analyzing Wendy Brown's critique of neoliberal rationality and its intention to dismantle society, dethrone the political sphere, and render all areas of life economic, this work exposes the neoliberal strategy of expanding the protected personal sphere and distorting the concept of freedom. Following the theoretical approach, the justifications of the bills presented in the federal parliament between 2019 and 2024 are examined in light of anti-discrimination law. Wed, 18 Dec 2024 00:00:00 GMT http://repositorio.jesuita.org.br/handle/UNISINOS/13489 2024-12-18T00:00:00Z http://repositorio.jesuita.org.br/handle/UNISINOS/13488 Estado de Direito e Democracia: uma análise crítico-hermenêutica do julgamento da ADPF nº 854 Barbosa, Ana Júlia Silva This work is centered on the study of the historicity of the concepts of Rule of Law and Democracy for the purpose of identifying the sociopolitical context in which they developed and their evolution over time, in addition to defining their material substrate and their main theoretical references. So, we intend to uncover the foundations that form the Democratic State of Law (which is not a simple juxtaposition between the Rule of Law and Democracy), with emphasis on the system of Checks and Balances. Furthermore, a critical-hermeneutic analysis is made of ADPF nº 854 with the aim of verifying to what extent the Supreme Court's judgment on the rapporteur's amendments to the Annual Budget Law corroborate or violate the Democratic State of Law. To achieve this purpose, the deductive method of approach is used, relating it in the following way: argumentative concepts of a dogmatic nature of legal theory are taken, as directive and descriptive constructions of legal science, of a general nature, notably the parameters that constitute of the Democratic State of Law, applying them to the analysis of the judgment of ADPF nº 854. The normative-dogmatic approach comprises: the analytical normative approach – the system of constitutional norms (especially, Title I – The fundamental principles, the Title II – Fundamental rights and guarantees, Chapter VII of Title III – Public Administration and Chapter II of Title VI – Public Finances, extracted from the Federal Constitution of 1988) the hermeneutic normative approach – the appropriate interpretation of constitutional norms and normative argumentative-rhetorical – persuasive and controlled patterns of legal-constitutional discourse, taking into account the works of Dworkin and Streck. Mon, 26 Aug 2024 00:00:00 GMT http://repositorio.jesuita.org.br/handle/UNISINOS/13488 2024-08-26T00:00:00Z http://repositorio.jesuita.org.br/handle/UNISINOS/13412 A proteção dos dados pessoais sob uma perspectiva penal: responsabilidade dos agentes de tratamento pela omissão imprópria Sampaio, Luciana Almeida Nobre Fri, 29 Nov 2024 00:00:00 GMT http://repositorio.jesuita.org.br/handle/UNISINOS/13412 2024-11-29T00:00:00Z http://repositorio.jesuita.org.br/handle/UNISINOS/13407 Obrigações tributárias acessórias do microempreendedor individual e educação fiscal: estudo de caso do município de Juazeiro do Norte no período de 2019 a 2022 Pedrosa, Salvani Alves da Silva The research theme is the relationship between access to tax education and compliance with accessory tax obligations of individual microentrepreneurs in the municipality of Juazeiro do Norte-CE. Thus, the general objective of the research is to analyze how the fragility of tax education in the municipality of Juazeiro do Norte-CE affects the non-compliance with accessory tax obligations of individual microentrepreneurs in the municipality between 2019 and 2022. The methodology chosen for the research is qualitative, exploratory and explanatory, based on a bibliographic and documentary survey. The results obtained indicate that non-compliance with tax obligations by MEIs in Juazeiro do Norte between 2019 and 2022 revealed a loss of tax and credit benefits, limiting business growth and affecting the local economy. Growing informality reduced tax collection, hampering investments in public services and infrastructure, so investing in tax education and support for MEIs is crucial to reduce informality and promote a sustainable business environment. Fri, 16 Aug 2024 00:00:00 GMT http://repositorio.jesuita.org.br/handle/UNISINOS/13407 2024-08-16T00:00:00Z http://repositorio.jesuita.org.br/handle/UNISINOS/13406 A previdência municipal a partir da competência legislativa advinda da emenda constitucional n. 103/2019: estudos sobre os limites obrigatórios que devem ser observados na reestruturação do RPPS Linzmeier, Roberta This dissertation analyzes the issues surrounding the need to reformulate the pension system within the scope of the RPPS based on the Pension Reform promoted by Constitutional Amendment No. 103, of November 12, 2019. It analyzes the rules that are mandatory and those that confer normative space by the municipal entity. It describes the emergence of social security for public servants with approaches to the construction of this social protection and its impacts today, and asks, as a research problem: what freedom of conformation was attributed by Constitutional Amendment No. 103/2019, to municipal entities to define the contours of their own social security regime? As a hypothesis, we propose to explore the legislative competence of the municipal federative entity to deal with the protection of social risks that must be covered by social security with the restructuring of the RPPS of its employees, not limited only to temporal freedom, but also to creative freedom, allowing the establishment of rules differentiated from those proposed by the constitutional reform norm, observing the general norms that govern social security law. The general objective of the study is to explore the limits of these freedoms of competence within the scope of the municipalities. The research adopted deductive logic, which has as specific objectives those constant in the three chapters of the work that are summarized as follows: a) the first chapter presents conceptions about the emergence of the social security of public servants and its consolidation as a social security system; b) the second chapter brings to the study and describes the text of Constitutional Amendment No. 103/2019; c) the third chapter analyzes the normative space reserved for the municipal entity by the constitutional reform norm (EC 103/2019), in line with the principles of social security as social solidarity and the prohibition of social regression. Mon, 18 Nov 2024 00:00:00 GMT http://repositorio.jesuita.org.br/handle/UNISINOS/13406 2024-11-18T00:00:00Z http://repositorio.jesuita.org.br/handle/UNISINOS/13405 Sociedade algorítmica e o poder judiciário: medidas concretas para a efetivação de transparência e explicabilidade nas decisões judiciais elaboradas por inteligência artificial Dal Paz, Lucas This Professional Master's Dissertation study the impact of Artificial Intelligence (AI) technologies and algorithms on contemporary society, emphasizing their functionality and disruptive potential in the Judiciary. The aim of the research is to analyze how these technologies shape the behaviors and choices of users and legal operators, considering programming that can be biased in advance. Consequently, the research highlights how these tools have the potential to increase efficiency in forensic legal work, especially in the drafting of court decisions and the automation of notary impulses. Thus, the objectives of this study, in detail, include: examining the transformation of the Judiciary, assessing the impact of this transformation on legal practice, the science of law and the job market for legal professionals; and discussing the importance of guidelines for algorithmic decisions that value transparency, explainability and auditability, as a way of respecting the Principle of Reasoned Decision. The methodology chosen for the development of the research is through a bibliographical, legislative and documentary review, addressing regulations such as the General Data Protection Law (LGPD) in Brazil, the General Data Protection Regulation (GDPR) in the European Union and the Artificial Intelligence Law under discussion in Brazil (Bill 2338/2023). In this context, the study takes an empirical approach, discussing practical examples such as Amazon's recruitment system and the COMPAS software, demonstrating the challenges and the need for robust auditing and control mechanisms in order to ensure fairness and avoid discrimination. Last but not least, the problem of this research will be to question what are the indicators for the parameters needed to achieve transparency, nondiscrimination and explainability in algorithmic decisions. Therefore, the research recommends the creation of specific regulations to align the use of these technologies with the objectives of the Democratic Rule of Law, ensuring that automation and technological efficiency do not compromise the principles of justice and equity. Fri, 09 Aug 2024 00:00:00 GMT http://repositorio.jesuita.org.br/handle/UNISINOS/13405 2024-08-09T00:00:00Z