http://repositorio.jesuita.org.br/handle/UNISINOS/7666 PPG Direito da Empresa dos Negocios Tue, 07 Apr 2026 13:37:24 GMT 2026-04-07T13:37:24Z 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/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/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/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/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 http://repositorio.jesuita.org.br/handle/UNISINOS/13404 A utilização da análise dos precedentes judiciais como forma de redução do passivo trabalhista das empresas Aguiar, Juliana Krebs This dissertation presented to the Postgraduate Program in Law – Professional Master's has as its theme judicial precedents and the problem: how can the analysis of judicial precedents contribute to the reduction of companies' labor liabilities? In view of this, through qualitative-descriptive methodology, through bibliographical research and case studies, the objective is to verify whether, from the analysis of judicial precedents related to the Labor Process, solutions can be extracted to assist legal departments in reducing their liabilities labor. To this end, the research begins with a contextualization of judicial precedents in common law systems. Afterwards, we discuss its insertion in civil law and the Brazilian legal system, especially in the area of labor processes. The working hypothesis revolves around the resistance to accepting the cogent nature of judicial precedents in civil law, in order to cause difficulties in modulating business behaviors, especially to reduce labor risks. There is a need for the Courts to standardize jurisprudence and use judicial precedents for these purposes. Judicial precedents are considered mandatory and binding. From them, ways are analyzed in which legal departments can be helped to reduce their labor liabilities. It is demonstrated that judicial precedents go beyond the procedural line, through the use of their analysis by legal departments, corporate or independent; these, in turn, can suggest procedural changes and business risk analyses. In view of the analysis of two highly repercussive labor judicial precedents, means are presented (strategic policies and indicators for risk analysis) through which the analysis of judicial precedents can contribute to legal departments, not only in direct application in litigation, but also through a labor compliance system, preventing and reducing the risks of labor liabilities. Wed, 10 Jul 2024 00:00:00 GMT http://repositorio.jesuita.org.br/handle/UNISINOS/13404 2024-07-10T00:00:00Z http://repositorio.jesuita.org.br/handle/UNISINOS/13403 Litigância predatória na justiça do trabalho: desafios à efetividade dos direitos trabalhistas e à dignidade da justiça Vieira, Gustavo Fontoura El Poder Judicial atraviesa una larga crisis —más de cien millones de procesos en trámite en 2015— debido al agotamiento de su estructura, sobreutilizada por la conducta abusiva de los grandes y habituales litigantes. Esta disertación de maestría se centra en la litigación excesiva y sus desafíos para la efectividad de los derechos laborales y la dignidad de la justicia. Se analiza este escenario cuestionando cómo proteger los derechos laborales y el acceso a la justicia, y qué medidas se pueden adoptar para combatir y prevenir las prácticas predatorias de los grandes litigantes. Ante estas interrogantes, se plantea la hipótesis de que la litigación predatoria debe ser comprendida y tratada no solo como un fenómeno procesal, sino también sociológico, ya que tiene su origen en la relación laboral, en la contumaz e histórica evasión de derechos, resueltos en demandas marcadas por la lentitud y las dificultades del proceso judicial. Se investigan las causas, los principales agentes, las consecuencias de la litigación predatoria y sus efectos perjudiciales en la obstrucción del acceso al orden jurídico justo, en la multiplicación de los costos del funcionamiento de la Justicia y en el deterioro de la imagen y la credibilidad institucionales ante la sociedad. También se examinarán las medidas ya adoptadas por el sistema de justicia como reacción en el ámbito administrativo y procedimental, abordando la etiología de la litigación masiva y abusiva, con la utilización de herramientas digitales, especialmente a partir de la creación de los Centros de Inteligencia en los Tribunales. Finalmente, se presentan medidas en el ámbito judicial y administrativo convenientes para la política pública específica que corresponde al Poder Judicial adoptar. Asimismo, en atención a los objetivos del máster profesional, se elabora una propuesta de texto para un anteproyecto de ley, sugiriendo modificaciones legislativas en la CLT para establecer sanciones pecuniarias a los grandes litigantes por conducta abusiva y para la ampliación de las costas procesales. La investigación será bibliográfica y documental sobre el análisis del litigio, el acceso a la justicia, la conceptualización de la litigiosidad predatoria, utilizando métodos deductivos y comparativos, con datos de paneles estadísticos del CNJ y de los Tribunales. Wed, 10 Jul 2024 00:00:00 GMT http://repositorio.jesuita.org.br/handle/UNISINOS/13403 2024-07-10T00:00:00Z http://repositorio.jesuita.org.br/handle/UNISINOS/13402 Assédio sexual no ambiente de trabalho e empresas: principais medidas de prevenção, precaução e remediação ao assédio sexual no meio ambiente do trabalho Anguinoni, Guilherme Sexual harassment is a delicate issue and can occur in numerous social contexts, with the workplace being one of the most prevalent due to its peculiarities such as the daily time spent there, the proximity between individuals, and the inherent vulnerability of the employee. It is necessary, therefore, to reflect on how it is possible to confront situations of sexual harassment in the workplace. In this context, the question aimed to be answered from this research is: what are the main tools available to companies to fulfill their role in combating sexual harassment in their workplace? Among the hypotheses put forward are employee literacy and awareness regarding sexual harassment, the provision of an anonymous reporting channel, the use of security cameras, and the promotion of manager training in identifying signs of sexual harassment. The general objectives are to establish the main instruments available to companies to face sexual harassment in the workplace, and the development, based on the what was found in the first general objective, of a course/lecture aimed at companies to assist in combating sexual harassment in the workplace and communicating about this issue to employees. This study, which is of an applied research nature, with an exploratory objective and a qualitative approach to the problem, through the literature review method, was divided into four stages, each corresponding to a chapter: delimitation of the phenomenon analyzed based on the definition of the concepts of sexual harassment and workplace environment; identification and examination of the main national and international laws related to sexual harassment, as well as the principles of prevention and precaution; research and interpretation of data to obtain an overview of sexual harassment in Brazil; proposal of the main prevention, precaution, and remediation tools available to companies, and development of a programmatic content for a course/workshop oriented at companies, which serves both as a practical and didactic way to implement these tools, and as a way to encourage the adoption of other measures, such as regular interviews with employees, use of compliance, and promotion of diversity. In the end, it was found that there are other numerous tools available to companies aiming to combat sexual harassment, suitable both for preventing such situations from occurring in the workplace and for remedying and mitigating the damage resulting from such events if they were to occur. Fri, 07 Jun 2024 00:00:00 GMT http://repositorio.jesuita.org.br/handle/UNISINOS/13402 2024-06-07T00:00:00Z http://repositorio.jesuita.org.br/handle/UNISINOS/13401 A eficiência do serviço registral imobiliário na usucapião extrajudicial: resolvendo o problema da comunicação jurídica a partir de um manual sobre o procedimento da usucapião extrajudicial para advogados e usuários dos registros de imóveis gaúchos Vieira, Graziela Dutra This Professional Master's Dissertation in Law addresses the fact that the Judiciary is facing a crisis due to the accumulation of processes in progress. This crisis is due to the lack of infrastructure in the Judiciary and the culture of sentencing disseminated by the State and law schools in Brazil. The crisis in the Judiciary makes it slow and inefficient, not being able to provide effective protection to citizens. Thus, there is a violation of the principle of reasonable duration of the process and the principle of access to justice. With this, the dejudicialization movement and the Multiport System emerged to relieve the Judiciary. Extrajudicial services gained prominence in these movements, being seen as excellent outlets beyond the Judiciary. Increasingly, there is an expansion of the matters that can be dealt with in extrajudicial services. Provision no. 65/2017 of the National Council of Justice deserves to be highlighted, considering that it provided for the procedure for extrajudicial adverse possession in notary and property registry services in Brazil, removing doubts left by the 2015 Code of Civil Procedure. This provision was revoked by Provision no. 149/2023 of the National Council of Justice. Thus, this research sought to analyze what factors prevent the correct and rapid use of extrajudicial adverse possession and how it is possible to encourage the correct use of extrajudicial adverse possession and contribute to its speed, allowing for a better analysis of transaction costs and greater economic efficiency. The methodology applied was deductive. The procedure adopted was monographic. The research technique used was bibliographic. In the first chapter, extrajudicial services and their role in dejudicialization were exposed. In the second chapter, real estate registration activity was addressed from the perspective of Economic Analysis of Law. In the third chapter, the general aspects of extrajudicial adverse possession were seen. In turn, in the last chapter, organizational communication and the real estate registry service were addressed. From the studies it was concluded that there is poor communication between the Rio Grande do Sul Property Registries, lawyers and users of real estate registry services in relation to the extrajudicial adverse possession procedure and that the preparation of a manual with detailed guidelines regarding extrajudicial adverse possession would improve this communication and contribute to the correct and rapid use of extrajudicial adverse possession, avoiding the loss of time and money for those involved. Wed, 16 Oct 2024 00:00:00 GMT http://repositorio.jesuita.org.br/handle/UNISINOS/13401 2024-10-16T00:00:00Z http://repositorio.jesuita.org.br/handle/UNISINOS/13400 Regularização fundiária urbana na lei nº 13.465/17: diretrizes para uma implementação efetiva da Reurb Vieira, Gabriela Dutra This Master's dissertation in Law addresses urban land irregularity in Brazil, which resulted from several factors, among which we can mention the accelerated and disorganized urbanization of urban centers; the exclusionary and elitist nature of urban planning and land acquisition legislation created throughout the construction of Brazilian society; and the lack of oversight by the Public Authorities. Several laws were created in order to combat urban irregularity, many of which were unsuccessful in their purpose. Currently, Law No. 13,465/17 is the legal framework that deals with Urban Land Regularization (Reurb) in the country. Considering the several advantages of Reurb for society as a whole, such as improving the population's quality of life; guaranteeing decent housing; granting title to property or possession to its beneficiaries, as well as promoting economic development, it is important to ensure means of implementing Reurb effectively. There are many challenges to this, such as the lack of financial resources by the Municipality; lack of knowledge of the law; lack of inter-institutional dialogue; lack of participation by the population, among others, which gives rise to the research problem: what would be the guidelines, complementary to the Reurb procedure, that could help to effectively implement Reurb in the country. The general objective of this research is to systematize the practical guidelines, complementary to the Reurb procedure, that can facilitate the actions of the agents responsible for Reurb and its processing in order to assist in the implementation of Reurb and, thus, achieve its positive effects in a fast, safe and effective manner. The methodology used was qualitative and bibliographic. For data collection, the strategy used was an open questionnaire, applied to the real estate registrars of Portão/RS and Teutônia/RS. Initially, the historical process of Brazilian urban irregularity will be addressed, such as the legislation created to combat it; the constitutional expectation regarding private property in the Brazilian legal system and the impact of the idea of fixed/absolute property on urban irregularity. Subsequently, the main notions about Urban Land Regularization, brought by Law No. 13,465/17, such as legitimacy, instruments, procedures, among other aspects, will be analyzed. Furthermore, the main practical challenges of the agents responsible for Reurb at the beginning and during the procedure will be analyzed in order to understand the reasons for the ineffectiveness of the Reurb Law in practice, as well as an analysis of private property and Reurb from the perspective of the AED. Finally, as a result of this research, a set of practical guidelines will be presented aimed at the main agents of Reurb, in order to assist them in the effective implementation of Reurb, with speed and security. Wed, 30 Oct 2024 00:00:00 GMT http://repositorio.jesuita.org.br/handle/UNISINOS/13400 2024-10-30T00:00:00Z http://repositorio.jesuita.org.br/handle/UNISINOS/13399 Educação e eficiência nas sociedades cooperativas: duas faces da performance dos conselheiros fiscais Mainardi, Andreza The object of this research and the researcher's study is cooperative societies, mainly because they are a kind of social subsystem formed by interactions and communications with their members and other systems in which they are inserted. It is a legal, social, economic, and developmental entity, constitutionally supported, particularly focused on the governance of principles and values related to resource management and people's fulfillment of their purposes. The research problem was defined through participant observation methodology, revolves around addressing the gaps in the preparation of fiscal councilors for the roles to which they were elected. The specific question is: How can SESCOOP (an integral part of the cooperative system, of which the researcher is also a part) contribute to the performance of fiscal councilors beyond the currently offered courses? As an initial hypothesis, the provision of high-performance corporate education through advanced communication training for fiscal councilors was established. The competencies and skills developed during this course would enhance the governance system and improve cooperative performance results. The main objective of the study was to effectively contribute to the maturation of Cooperative Governance and ensure the autonomy of each cooperative in relation to the economic system, which relies on the adequate and autonomous performance of its fiscal councilors. Specific objectives included systematizing the legal framework of cooperatives, understanding their structure and functioning, mapping the challenges faced by fiscal councilors in their activities, demonstrating how corporate education focused on communication enhancement can impact governance performance, and presenting a proposal for advanced training in systemic communication skills for fiscal councilors. The research methodology involved inductive knowledge production, exploratory and qualitative investigation. Research techniques included literature review, national and foreign, direct data collection through questionnaires in focus groups, and interdisciplinary approaches combining legal, administrative, and organizational communication sciences. Additionally, participant observation allowed the researcher's experiential insights to contribute to a comprehensive diagnosis and prognosis. Furthermore, to construct the applied deliverable, the "Advanced Communication for Fiscal Councilors" course followed the Design Science Research (DSR) methodology. The theoretical framework drew from Niklas Luhmann's and Maturana and Varela's Systems Theory, providing insights into the object, context, problem, and hypothesis construction. The evaluation by the focus group confirms the opportunity for offering advanced training to address performance deficits among fiscal councilors in cooperatives, facilitated by SESCOOP and its affiliated entities. Wed, 17 Jul 2024 00:00:00 GMT http://repositorio.jesuita.org.br/handle/UNISINOS/13399 2024-07-17T00:00:00Z http://repositorio.jesuita.org.br/handle/UNISINOS/13167 Tokenização da propriedade imóvel no Brasil: realidade ou ficção? Burtet, Tiago Machado What were once predictions of the impact of technology in a distant future is now becoming a reality. In the age of artificial intelligence (ChatGPT, Microsoft 365 Copilot, Bard, etc.), the market dynamics are producing transformations and introducing innovations that need to be examined in the light of the Law. The tokenization of real estate fits into this techno-legal context and needs to be analyzed in the light of Legal Science in order to understand whether it is a viable activity or not, considering the current rules regarding the acquisition of real property rights. Therefore, it will be necessary to understand how the real estate property protection system in Brazil is structured: the Real Estate Registry. From then on, concepts related to tokenization and some ways of working with this new tool will be known. Finally, it will be analyzed whether it is possible to establish a true and secure connection between these new activities carried out in the digital environment with everything that can be achieved in the factual realm, in a valid and effective manner for the established legal framework. In this context, it will be possible to ascertain that in Brazil, a business is already being offered that aims to be characterized as a possible form of real estate tokenization, starting in Porto Alegre, through the company Netspaces Propriedades Digitais Ltda, which will be the subject of this investigation. This business intends to establish a new system in the digital environment, via Blockchain, aiming at the negotiation of crypto-assets, but in some way related to the Real Estate Registry. This is a different type of business from others also offered as real estate tokenization, however, without any connection to the established protection system. Thus, this dissertation aims to analyze the entire context involving the acquisition of real estate property in Brazil and determine whether the business model developed by the aforementioned company constitutes a real possibility of real estate tokenization that allows for improvements and advancement, or if it is a fiction. The methodology employed will be through the application of analytical methods (understanding the relevant legal framework) and empirical methods (comprehending the business idea devised by the company and its attempt to connect with the established system) regarding how each one (Real Estate Registry and business developed by the company) is structured. In addition to theoretical knowledge of what has already been researched on the subject up to the present moment, hoping to enable a critical evaluation at the end, both to recommend the maintenance of what is already known to be positive, as well as to foster new reflections and discussions on what can be improved in the aforementioned business. Wed, 17 Jan 2024 00:00:00 GMT http://repositorio.jesuita.org.br/handle/UNISINOS/13167 2024-01-17T00:00:00Z http://repositorio.jesuita.org.br/handle/UNISINOS/13166 Redes de contratos e governança de redes: estudo de caso no agronegócio Gonçalves, Thais Leal Vieira This research analyzes the network of contracts and governance mechanisms in the animal protein manufacturer sector in the southern region of Brazil. The network of contracts which is the subject of this analysis has distinct and complex characteristics, different from classical contractual theory where the contract is an isolated instrument, serving only to formalize the relationship. Network contracts are based on relationships of trust, good faith, business motivation, structures, and processes. Based on this, we will analyze the network of contracts that make up the case study, identifying its contracts, its network governance system, and the opportunities for improving legal, operational, and organizational efficiency applicable to the case. We will analyze the economic-legal principles of contract networks, their regulatory rules, and the characteristics of contract networks, as well as the composition of the contract network in which the case study is inserted, comparing the possible contractual instruments to be adopted with current contractual models: commercial representation, distribution and rendering of services. We shall finally move on to network governance, analyzing its characteristics, structures and governance tools that can be adopted in this case, considering that an adequate governance system can bring more stability to network relations and maximize the results of the participants, monitoring and controlling the management of the network, guaranteeing collective actions and mutual support, as well as conflict resolution strategies and adequate management of network resources. A case study was carried out with a manufacturer in the area, by collecting and analyzing contracts, meeting minutes, legal opinions, other management documents and national and international literature. The conclusion of the research indicates that a network of contracts allied to a precise network governance system with management mechanisms and controls applied and at the service of the network, contributes significantly to maintaining the trust and stability of the participants as they seek to expand and consolidate their businesses. Thu, 04 Apr 2024 00:00:00 GMT http://repositorio.jesuita.org.br/handle/UNISINOS/13166 2024-04-04T00:00:00Z http://repositorio.jesuita.org.br/handle/UNISINOS/13165 O impacto econômico das cultivares no agronegócio e a repercussão jurídica Calegari, Samanta Intellectual property plays an important role in generating innovation in a country and there is the intention to developers to have a return on their investment. The objective of this research is to analyze intellectual property rights relating to plant breeding activities in the country – with a special focus on the protection of plants through cultivars and the impacts that this protection has had on agribusiness, mainly in the seed sector. This examination adopts an economic perspective, its effects on agribusiness, observing farmers' practices about this protection, and the system proposed by the Cultivar Protection Law, exploring the importance of developing innovations in the field. The study of the legislative framework will focus on the aforementioned law, examining its systematics in conjunction with other legislation on the subject, especially observing the farmer's behavior and the exceptions provided for in the legislation about cultivars, as well as the repercussions of the use of two forms of plant protection in the country and the differences between protection through the cultivar system and the patent system. To accomplish this, the research methodology hinges upon the application of Inductive Thinking, complemented by an exhaustive bibliographic review, spanning both domestic and international sources, in pursuit of an exploratory objective. The research points out that the lack of adequate legislation in the current context, without objective criteria, and the lack of compatibility of plant protection systems in the country, generate insecurity and a lack of knowledge about the aspects pertinent to users of the technologies developed, eroding so are the creators of these. Fri, 15 Dec 2023 00:00:00 GMT http://repositorio.jesuita.org.br/handle/UNISINOS/13165 2023-12-15T00:00:00Z http://repositorio.jesuita.org.br/handle/UNISINOS/13164 Negócio jurídico processual ambiental: diálogo, sustentabilidade e desenvolvimento Cibils, Patrícia Maldaner The research aims to explain the scenario of environmental degradation, with the disorderly growth of urban centers and the dichotomy between economic development and environmental protection, with multiple consequences, among which social vulnerability stands out. In this scenario, numerous collective suits emerge with the goal of promoting environmental protection. Nevertheless, through traditional adversarial methods of the judicial process, it is sometimes not possible to obtain the desired protection effectively. Thus focusing the research problem on the excessive judicialization of topics whose nature transcends the concept of parties itself, in addition to demanding a multidisciplinary approach and the expansion of dialogue. Among the demands is SL 15/75/STF, which originates from a colective suit that aims to protect an enviromental area called Padre Balduino Rambo, whose area covers the municipalities of São Leopoldo and Sapucaia do Sul, being the case study on which the look into the research. Hence, the question is how to contribute to the resolution of occurring legal actions involving environmental suits within the urban setting of the metropolitan region of Porto Alegre, with substantial impacts on the lives of the litigants? In light of this question, we seek to further the study of an existing instrument in the national legal system, that is, the procedural legal transaction provided for in the Code of Civil Procedure, aiming, through self-regulation of the procedure to adjust it to achieve steps compatible with the measures designed by the parties to protect the environment. The general objective of the study is to show that dialogue has been transforming the culture of litigation through the adequate resolution of conflicts in the form of procedural legal business and, with this, the autonomous reestablishment of peace by the parties. The specific objectives focus on: (i) the contextual examination of multidisciplinary topics that are specific to environmental demands; (ii) the examination of the case study (SL no. 1,575 of the STF), which involves the discussion about the urban environment in the District of Porto Alegre; (iii) presenting the possible results of the procedural legal transaction as a way of resolving disputes and restoring peace between the parties; and, (iv) presenting, as an applied delivery of the research result consistent with the “framework” of the environmental legal business, the relevance of the research concentrated on the legal uncertainty caused by the judicialization of environmental conflicts, which ends up removing investments and the possibility of applying resources that could transform the landscape in a sustainable way. Fri, 19 Apr 2024 00:00:00 GMT http://repositorio.jesuita.org.br/handle/UNISINOS/13164 2024-04-19T00:00:00Z http://repositorio.jesuita.org.br/handle/UNISINOS/13163 Cláusula de washout nos contratos de compra e venda de safra futura Mourão, Pablo Augusto Lima Agribusiness is a fundamental pillar for the economic and social development of the country, emerging as one of the main players in the production and export of agricultural commodities on the international stage. Within this development context, contracts play a crucial role in the coordination and efficient management of the sector, serving as essential tools for mitigating risks and reducing market failures. This work aims to analyze the legal nature of the washout clause, commonly used in contracts for the purchase and sale of future crop harvests, and to identify disturbances in its applicability, seeking practical solutions to the challenges encountered. A detailed investigation of the clause was conducted, beginning with its context of origin in English-speaking countries, aiming to understand its function in that specific scenario. With this understanding, the study progressed to assess the influence and application of the clause in the Brazilian legal framework, focusing on its legality and legal nature. The research includes an analysis of judicial decisions, particularly from the Superior Court of Justice and the State Courts of Justice in Mato Grosso, São Paulo, and Paraná, concentrating on appeal cases. The study of the conformity of the washout clause with Brazilian legislation, specifically with the Brazilian Civil Code (Law No. 10,406/2002), demonstrated its functional similarity to the compensatory penalty clause. Based on the findings, the study proposes practical guidelines for the implementation of the clause, ensuring its legal compliance. Tue, 26 Mar 2024 00:00:00 GMT http://repositorio.jesuita.org.br/handle/UNISINOS/13163 2024-03-26T00:00:00Z http://repositorio.jesuita.org.br/handle/UNISINOS/13162 Modernização dos sistemas de registro de imóveis e a busca por interconexão e interoperabilidade no contexto brasileiro: lições da União Europeia Borba, Nicolas Frietto de This master’s thesis examines the modernization of land registration with a focus on lessons learned from the European Union (EU), drawing on the models of some country members. It identifies how the Brazilian system operates and the challenges faced in Brazil, such as the lack of interconnection and training. This study adopts a predominantly bibliographic methodology with a qualitative approach. The first chapter analyzes the Brazilian context, evaluating the steps taken towards modernizing property records and identifying current challenges. The second chapter explores the EU's experiences in modernizing land registry, highlighting practical recommendations and strategies. The third chapter summarizes the main conclusions, emphasizing the relevance of modernizing land registry for Brazil and pointing towards future research directions. Inspired by the EU's experiences, the research proposes adaptable strategies to accelerate the modernization of Brazilian land registry, emphasizing interconnection and interoperability of systems, as well as information and communication technology. The research demonstrates that continuous modernization is essential to ensure legal security and promote economic and social development in the country. Through the guidelines outlined in this study, the Brazilian land registry system can evolve towards a more unified, efficient, and transparent system. Mon, 15 Jan 2024 00:00:00 GMT http://repositorio.jesuita.org.br/handle/UNISINOS/13162 2024-01-15T00:00:00Z http://repositorio.jesuita.org.br/handle/UNISINOS/13161 Análise crítica do combate à elisão fiscal no Brasil à luz da análise econômica do direito Rosa, Kadur Albornoz da The present work seeks to shed light on the debate regarding the fight against tax avoidance in Brazil, bringing elements of Economic Analysis of Law into the discussion. The objective is to analyze the concrete effects of the current way the fight against tax avoidance is conducted by the Public Administration. The theoretical premises of this study are the logical-semantical constructivism, the theory of the firm, transaction cost economics, market failures, and government failures. The approach begins with outlining basic concepts of Economic Analysis of Law, continues with constructing an overview of the fight against tax avoidance in Brazil, focusing on the analysis of Marco Aurélio Greco's work, the leading exponent of the predominant theoretical current at the moment, and the investigation of how this theory is being received and applied by the main tax judgment bodies in the country – CARF, STJ and STF. Based on the observed scenario, a connection was made between the previously discussed concepts of Economic Analysis of Law and the relevant figures in the discussion of combating tax avoidance. After constructing this theoretical framework, a critical analysis and diagnosis of the effects of the current methods of combating tax avoidance in Brazil were conducted, to then propose public policy solutions that have the capacity to achieve the same end with less onerous means for the national economy. At the end of the analysis, it was concluded that the most efficient way to combat tax avoidance is through the continuous improvement of legislation, in substitution of the current methods, which create a scenario of choice under uncertainty and, consequently, make rational choice by taxpayers unfeasible. Tue, 30 Apr 2024 00:00:00 GMT http://repositorio.jesuita.org.br/handle/UNISINOS/13161 2024-04-30T00:00:00Z http://repositorio.jesuita.org.br/handle/UNISINOS/12925 Direito à advertência na legislação aeronáutica brasileira: medida de inclusão das pequenas empresas de serviço aéreo Vollbrecht, Ricardo ANAC, with the Responsive Regulation Project, proposes to rethink its current regulation model, to use command and control tools only when strictly necessary. However, the research faces the problem that, in the case of small airlines in the aeroagricultural sector, which are served by SINDAG, with legal advice from the researcher, the conduct of ANAC remains in supervising and punishing with fine, suspension and cassation without conferring on small companies the right to responsive regulation through the warning, reflecting in the research question: How would it be feasible to implement the warning with an institutional character for the inclusion of small aeroagricultural companies in regulatory compliance? The research has as general objective to contribute to the implementation of the Responsive Regulation Project of ANAC and as a hypothesis, the institutionalization of the warning, with a positive and inclusive legal nature. To achieve this goal, the following specific objectives are: (i) to map the context of structure and operation of small airlines in Brazil; (ii) demonstrate the absence of differential constitutional treatment between small and large airlines regulated by ANAC based on penalties; and (iii) present the institutional warning as an inclusive regulatory process in the pursuit of appropriate compliance by small businesses. The methodology is descriptive and hypothetical-deductive, since it starts from the analysis of the situation of the regulation of small airlines by ANAC to conclude that the warning is an instrument capable of improving the communication between regulator and regulated. As the concern is with the effect of regulation in the inspection phase, the theoretical framework is the Economic Analysis of Law, the school of New Institutional Economics and the Theory of Responsive Regulation. As a result, the research presents the need to improve the pyramid of embarrassment of ANAC with the warning as an inclusive regulatory process in the search for adequate compliance by small companies, to favor the effectiveness of the intended responsive regulatory system. As research findings, ANAC, in the part of inspection and application of sanctions, continues to provide in resolutions such as punitive measures fine, suspension and cassation, not including the possibility of warning, thus reinforcing the evidence that the Public Administration remains repressive in case of nonconformities, regardless of the profile of the company. Mon, 02 Oct 2023 00:00:00 GMT http://repositorio.jesuita.org.br/handle/UNISINOS/12925 2023-10-02T00:00:00Z http://repositorio.jesuita.org.br/handle/UNISINOS/12924 A ressignificação do conceito de títulos de crédito na era da economia de plataforma Bertol, Jaime Roque L'objet de cette étude est la redéfinition de la notion de titres de crédit à l'ère de l'économie de plateforme. La délimitation du thème est le résultat de la pandémie de covid-19 (sars-cov-2), qui a fortement accéléré, dans le monde et à cet effet, au Brésil, l'utilisation des outils numériques dans les transactions commerciales et à une échelle jamais vécue auparavant, dont la mise en place était, jusqu'alors, progressive. Dans ce contexte, la relative incapacité des titres de change à agir sur de telles plateformes, exerçant leur fonction innée de mobilisation de crédit. Ainsi, s'interroge-t-on comment moduler, face à l'obsolescence législative, la définition d'un titre de crédit documentaire pour le numérique, applicable à l'ensemble de ceux existants et à créer, adaptés à l'ère technologique ? En tant qu'hypothèse, la nécessité de sa redéfinition conceptuelle, avec des répercussions sur les instituts de droit des changes, le retrait, l'acceptation, l'endossement, l'aval, le protêt, pour s'étendre au champ normatif brésilien, en assurant une plus grande convergence doctrinale et en permettant sa pleine utilisation dans la nouvelle ère de économie de plateforme. L'objectif général de cette recherche est de démontrer que la notion de titre de crédit est dépassée, ainsi que la législation qui l'adopte, puisqu'elle n'atteint pas les phénomènes technologiques de circulation du crédit numérique. Dans des objectifs spécifiques, il examine l'émergence et les périodes historiques des titres de crédit, leur insertion comme inducteurs de développement, en Europe et au Brésil en particulier, en les associant aux révolutions industrielles, jusqu'à cette ère de l'économie qui utilise la technologie des plateformes numériques. Dans la continuité, ça démontre l'anachronisme de la notion de titre de crédit et ses implications, ainsi que les gains à l'expansion et à l'opérabilité des outils de l'ère de l'information. Par livraison pratique, il est proposé une conceptualisation du titre de crédit, modulée à la nouvelle ère de l'économie de plateforme, en plus de la suggestion de modifications législatives qui le modernisent et des instituts d'échange. L'importance et la contemporanéité de l'enquête se justifient par les implications pratiques pertinentes, puisque les titres de crédit sont de puissants appareils juridiques disponibles pour la génération de richesse et doivent toujours être mis à jour, dans le temps et dans l'espace, afin d'atteindre les objectifs de leur émergence et de leur raffinement. à travers les siècles. La méthode d'investigation est qualitative et le sujet proposé est descriptif, étant le moyen d'approche par le processus inductif. La démarche technique s'appuie sur une recherche bibliographique et documentaire. Afin de rendre réalisables les objectifs visés, le critère est descriptif-argumentatif. La conclusion entérine les propositions, corroborant l'hypothèse selon laquelle la redéfinition conceptuelle du titre de crédit présentée s'inscrit dans la nouvelle ère de l'économie de l'information et dans la nouvelle ère de l'économie de plateforme. Fri, 22 Sep 2023 00:00:00 GMT http://repositorio.jesuita.org.br/handle/UNISINOS/12924 2023-09-22T00:00:00Z http://repositorio.jesuita.org.br/handle/UNISINOS/12923 Conciliação e mediação nas serventias extrajudiciais do estado do Piauí e seus benefícios para a sociedade piauiense Paula, Felipe Gomes de This master's thesis emphasizes the forms of conflict resolution in extrajudicial services, mentioning its advantages and benefits, as well as a resolution project, to be applied in extrajudicial services in Piauí with the aim of increasing the forms of conflict resolution, with the function of relieving the Judiciary. The choice of this topic is due to the importance and need to disseminate the possibilities for resolving conflicts that tend to take years to be finalized in the Judiciary and that can, in the forms of extrajudicial conflict resolution, generate greater fluidity in solutions to the problems listed. in society. Such extrajudicial conflict resolution procedures are more informal, generating greater comfort and convenience for the population, considering that numerous acts do not need to be processed by certified judges. Furthermore, there are certain cases in which hiring a lawyer to assist the parties is also not mandatory, generating greater savings for both individuals and legal entities. The research topic generates a lot of interest due to the speed of the acts carried out in extrajudicial services compared to the same acts when they are carried out before the bodies of the Judiciary. This work also explains the advantages of forms of conflict resolution in extrajudicial services, clarifying the importance of these as the main actors in conflict resolution and the benefits that can be enjoyed by the population and society of Piauí through these measures. The study focused on the conceptual and doctrinal aspects of the General Theory of Business, which addresses the definitions and structures regarding extrajudicial mediation and conciliation from a business perspective, including alternative forms of conflict resolution involving companies and individuals in services. extrajudicial. Furthermore, the normative, doctrinal and jurisprudential aspects on the subject are analyzed, as well as the benefits to companies in relation to extrajudicial means for the aforementioned cases. In this sense, the research problem to be answered follows: What are the benefits of extrajudicial conflict resolution for Piauí society? What would be the benefits of extrajudicial conflict resolution for the Judiciary of the state of Piauí? As a methodology, this qualitative research, of a descriptive nature, involved an empirical study, carrying out documentary research, through the analysis of documents, that is, legislation and jurisprudence, as well as carrying out bibliographical research, in order to cross-reference the data for interpretation, substantiating the research. The documents were examined based on content analysis. The conclusion of this dissertation aims to seek the effectiveness of rights and the relief of the Piauí Judiciary. Thu, 09 Nov 2023 00:00:00 GMT http://repositorio.jesuita.org.br/handle/UNISINOS/12923 2023-11-09T00:00:00Z http://repositorio.jesuita.org.br/handle/UNISINOS/12810 Proposta para implementação de startup como redução dos custos de transação na concessão e gestão do crédito rural pignoratício Siqueira, Gabriela Porto The global economic scenario, based on Transaction Cost Theory since 1937, is the basis for quantifying the value of goods and services in order to ensure favorable and efficient markets. By profiling governance structures for transactions, this work has highlighted the evolution of business by valuing positive economic performance for the parties and institutions. These guidelines, subject to the context of the financial system, make it possible to measure inventories, evaluate inputs and envision possible results linked to the production process, also in the agribusiness sector, based on the uncertainty generated by risk factors and the specificity of assets. With the solid evolution of the rural credit system in Brazil, current regulations demonstrate the incentives granted to farmers and rural producers through attractive subsidies. This stimulus, which fuels the contracting of credit lines, ends up generating a greater number of financial contributions and consequent investments in rural properties. Based on the expectation of growth in the total area planted in the country, there has been a profusion of technology in the agricultural sector, seeking productivity at a lower cost and greater safety. Within this context, rural inputs pledged as credit collateral are vulnerable to external and environmental adversities, generating defaults on obligations. This study sought to improve the packaging of goods, giving way to technological innovation optimized for an increasingly dynamic organizational environment. Using the Design Science Research methodology, we analyzed the various strategic visual tools that aim to refine business models, based on three main theories supported by specialists. Thus, the research gave rise to an applied case study, based on the development of a Canvas Business Model, synthesized from the proposal of a Startup in the Agtech segment, as an additional valve for reducing transaction costs in the granting and management of rural credit, in obligatory relationships between grantor and beneficiary. Through remote sensing and periodic analysis of the inputs used in agribusiness, the research looked at the contours of entrepreneurship linked to the law, establishing the appropriate value proposition based on the specific customer segment. The multifaceted study proved to be indispensable, and finally identified a complementary element to be considered in future projected models. Fri, 11 Aug 2023 00:00:00 GMT http://repositorio.jesuita.org.br/handle/UNISINOS/12810 2023-08-11T00:00:00Z http://repositorio.jesuita.org.br/handle/UNISINOS/12759 O instituto da mediação na resolução dos conflitos da Universidade de Rio Verde decorrentes do inadimplemento das mensalidades dos acadêmicos Malta, Kárita Barboza Gouveia This dissertation intends to analyze whether the method of mediation as a conflict resolution method can benefit the University of Rio Verde in the resolution of its disputes, referring to the default of academic fees. The University of Rio Verde is a municipal public foundation, which is maintained substantially through the payment of fees required from students. Despite this, the University has been harmed due to the high rate of default of its academics, which, as a consequence, leads to the filing of several enforcement actions before the judicial system, which are processed for many years without the necessary receipt of credit. As an extrajudicial way of resolving conflicts, the institute of mediation has been strengthened in the legal world as an alternative method that helps the parties to resolve their disputes through self-composition, prioritizing reestablishing the relationship of the parties, in a swift, harmonious and effective way. Many public and private institutions are using this method to resolve their disputes through the use and institution of mediation chambers. In view of this, the work shows that the mediation institute can help the University of Rio Verde to solve its financial conflicts arising from the default of monthly fees, presenting at the end a project to create the model Chamber of Mediation of the University of Rio Verde, which may provide opportunities for the institution and its academics to resolve their disputes without the need to file lawsuits. Divided into three parts, the first chapter analyzes the mediation method and its characteristics, in order to demonstrate that the method is effective in resolving disputes. In the second chapter, we seek to emphasize that the mediation institute is even used at an international level to resolve world conflicts, and is even present in the UN's 2030 Agenda, in Sustainable Development Goal No. 16. In the last chapter, it is concluded that, the mediation procedure through the creation of a Mediation Chamber within the University, can positively benefit both the institution in receiving the debts of defaulting academics, and the entire community that is interested in using the services offered by the Chamber, generating greater publicity and notoriety to this educational institution. Thu, 22 Dec 2022 00:00:00 GMT http://repositorio.jesuita.org.br/handle/UNISINOS/12759 2022-12-22T00:00:00Z http://repositorio.jesuita.org.br/handle/UNISINOS/12611 Diretrizes de uma gestão inovadora para os cartórios brasileiros: entre a inovação dos negócios jurídicos e o direito de propriedade como ativo econômico de um Estado Callou, Lívia Maria Pires Peixoto This dissertation studies the management of Brazilian registry offices in the face of advances brought by technology, new legal businesses and the recognition of property as an economic asset of a State. The work is concerned with delimiting the characteristics and peculiarities of the new legal transactions of the postmodern era, as well as the consecration of the formalization of private property as an economic asset of a State, having as its main scope to suggest guidelines of an orientation nature, directed to those responsible for the Brazilian notarial and registry services with the aim of implementing a modern notary management, completely in tune with the characteristics of the postmodern era and the conception of private property as an economic asset of a State, capable of generating wealth, income, attribution of responsibility and economic growth for a nation. The entire study recognizes notary and registry services as an indispensable element for a nation's economic prosperity. Mon, 05 Jun 2023 00:00:00 GMT http://repositorio.jesuita.org.br/handle/UNISINOS/12611 2023-06-05T00:00:00Z http://repositorio.jesuita.org.br/handle/UNISINOS/12610 A sociedade em conta de participação como estrutura de investimento estrangeiro em propriedades rurais brasileiras Silva, Eber Coloni Meira da This study deals with the use of Sociedade em Conta de Participação as a holding structure for foreigners to exploit rural lands in Brazil, providing a legal alternative to the prohibition of foreign access to such rural lands. The study is justified in outlining the use of Sociedade em Conta de Participação as a holding company, by foreigners, to invest and explore rural lands in Brazil in a legal and safe way. The research problem lies in how the Sociedade em Conta de Participação can assume the position of holding company in Brazil and allow access to the exploitation of rural lands through foreign investment? Therefore, the hypothesis is that lack of legal personality of the Sociedade em Conta de Participação evades the legal restrictions imposed on foreigners, becoming a legal solution for foreign investors to access rural lands. In addition, the recent creation of the Fundos de Investimentos nas Cadeias Produtivas Agroindustriais (FIAGRO) in 2021, which do not have legal personality, there are no restrictions for foreigners to acquire their shares, since such funds can control Brazilian society and exploit rural lands. The other corporate types that have legal personality, in view of the prohibition of natural or legal person to explore said areas, do not confer the necessary legality to carry out the operation. The general objective of the research is to find a legal alternative for foreigners to explore the Brazilian rural lands. As specific objectives, the legal nature of the Sociedade em Conta de Participação was analyzed, a study was carried out on the feasibility of using the Sociedade em Conta de Participação as a holding company for another company and the possibility of using this type of company by foreigners for investment purposes in exploration was demonstrated. from rural lands. In the first chapter, the provisions of the Brazilian law on the Sociedade em Conta de Participação and the doctrinal discussion of its legal nature. In the second chapter, a brief study was elaborated on the holding company and its regulation in Brazilian law and the power control, also according to Brazilian law, and, in the last chapter, the acess to rural lands by foreigners through Sociedade em Conta de Participação. The research results showed that in Brazil there is still an old legislation on the exploitation of rural lands by foreigners, whose interpretation was changed by the AGU over the years, which brought legal uncertainty. The research method was deductive, as it departed from concepts of general scope for the specific treatment of the research objective. The technique consisted of a bibliographic review, promoting theoretical analysis. Based on the confirmation of the research hypothesis, the viability of using the Sociedade em Conta de Participação as a holding company for a Brazilian company that explores rural lands was demonstrated. As a practical delivery of the research, two drafts of articles of incorporation were presented that allow the configuration of Sociedade em Conta de Participação as a holding company and a flowchart for the entry of foreign capital. Fri, 07 Jul 2023 00:00:00 GMT http://repositorio.jesuita.org.br/handle/UNISINOS/12610 2023-07-07T00:00:00Z http://repositorio.jesuita.org.br/handle/UNISINOS/12609 Repetição do indébito tributário e o artigo 166 do CTN: das impropriedades interpretativas à necessária racionalidade Campos, Daniele Russi The present study seeks to present an analysis of Article 166 of the National Tax Code facing the Federal Constitution of 1988. The starting point will be the economic, political and legislative context of the previous period of the National Tax Code. In this target, after analyzing the economic and political perspective of the 60s and 70s, marked by the military regime and by the strong economic recession, the civil legislation of that time will be examined, focusing on the concept of undue payment, from 1916 Civil Code perception. Then, the interpretations given to article 166 of the CTN will be verified, which encompasses the theory of unjust enrichment and the theory of economic repercussion or translation. The constitutional principles enshrined in the 1988 Constitution, applicable to the recovery of undue payments, will also be the object of this study, with emphasis on the principles of legality and legal security, the right to property and the principle of non-confiscation, isonomy, contribution capacity, reasonableness and morality. Subsequently, will be analised the jurisprudencial understanding that has been established since the 1960s and which until today prevent the undue paid ‘indirect’ tax reimbursement. Based on these assumptions, the aim is to demonstrate that the adverse context of the past has no echo nowadays, which justifies reanalysis of the old jurisprudential interpretation. In this scope, the unreasonableness of the permanence of the State's unjust enrichment will be demonstrated, based on the confusion between "public interest" and "reasons of State", in order to, at the end, propose an intermediate path between the criticized neoconstitutionalist doctrine and reasonableness in the application of the constitutional principles reiterated and promoted by the Constitution of 1988. An possible path could be the consideration of the purposes of de Federal Constitution in order to emphasize the relevant racionality of the tax brazilian system. Also includes the analysis of the duty to pay taxes and the right to recover what was unduly paid, as well as the demonstration of the possible application of the defeasibility of art. 166 of the CTN. The present research was perform based on prescriptive method in combination with quantitative and qualitative methods. Wed, 17 May 2023 00:00:00 GMT http://repositorio.jesuita.org.br/handle/UNISINOS/12609 2023-05-17T00:00:00Z