This paper aims to analyze the applicability of evidentiary standards to disciplinary administrative proceedings from a gender perspective. To this end, it initially studies patriarchy, its emergence, and its perpetuation to the present day. Next, it addresses feminism and its importance for the emancipation of women and the achievement of international and national rights, leading to judgment from a gender perspective. Following this, it points to the viability and existence of evidentiary standards, that is, parameters of evidentiary sufficiency in Brazilian law and their application in disciplinary administrative proceedings, as well as the possibility or not of a gender perspective influencing the level of evidentiary requirements. Methodologically, the work was developed through bibliographic and documentary research. It is concluded that the standard of proof should be applied in the disciplinary administrative process and influences, or does not influence, the gender perspective in its degree of application

This research aimed to investigate how public educational policies, focused on teacher training in higher education, affect (or do not affect) the institutional reality of the courses that have the best Postgraduate Law Programs (PPGD) in Brazil, since 2012. The hypothesis of this thesis is that the andragogical (or university pedagogical) training of future legal professionals has had little structural-normative relevance on the part of the Public Administration, when compared to the field of research and student training. The research combined quantitative and qualitative methods (content and discourse analysis), initially conducting a systematic literature review to outline the state of the art of the topic and, subsequently, analyzing federal (macro) regulations and public policy guidelines (such as the LDB, DCNs, SINAES and documents linked to CAPES or MEC) in contrast with the institutional documentation (micro) of the Law courses that have the Postgraduate Programs with the best evaluation in the country (grade 7): USP, UFMG and UnB. A parameterization grouped into 4 axes was employed in the analysis of the HEIs, classifying the institutional reality as "absences" or "existences" and "risks" or "opportunities," adapting the idea of a SWOT matrix. The data analysis revealed quality criteria that do not stimulate teacher training, but rather a preponderant focus on research, with teaching and teacher training being treated in a subsidiary manner or with low weight in the evaluative criteria, as well as course practices that can serve as inspiration and others that are worrying, from the perspective of teacher training. It has been shown that the priority given to training researchers, induced by the CAPES evaluation system, generates a mismatch between what is required of teachers (by the National Curriculum Guidelines) and what is valued in their training, resulting in a product that allows the academic community to compare the basic, recommended, and necessary parameters for implementing teacher training in a Law course and, more specifically, in a Graduate Program in Law, based exclusively on what is currently foreseen in the Brazilian educational legal and administrative framework. It was concluded that teacher training for higher education in Law therefore requires professionalization and class recognition on the part of the teacher, a balance between the teaching-research-extension triad, and the equitable valuation of pedagogical and scientific capital in evaluation and funding procedures. It is necessary to create a material base for teachers to practice their profession before demanding the improvement of their labor.

This thesis aims to reflect on the emergence of practices undertaken by Black women in everyday life that are potentially disruptive to the dynamics and effects of racism and sexism. The intended reflection is built upon the life trajectory of jurist and theorist Dora Lucia de Lima Bertúlio, one of the first intellectuals to discuss racism within the legal field in the 1980s. To this end, I present the research proposal, key concepts, initial theoretical dialogues, and the methodological strategies adopted. I discuss the epistemological horizon of Black feminisms and intersectionality and introduce the notions of everyday life and everyday racism as analytical tools guiding the proposed UNIVERSIDADE DE BRASÍLIA FACULDADE DE DIREITO PROGRAMA DE PÓS-GRADUAÇÃO EM DIREITO – MESTRADO E DOUTORADO 2 reflection. Moreover, I highlight life history as the privileged method of the work and the encounters with Dora Lucia. Finally, I explore how the narrative of life histories challenges us to imagine the production of other collective memories (and writings) that are capable of telling experiences and subjectivities marked by racism and sexism, without allowing the violences embedded i

This research investigates the right to higher education in Brazil through one of its dimensions, namely student retention, focusing on student assistance initiatives as a means of reducing economic inequality in law degree programs at the State University of Maranhão (UEMA) and the Federal University of Maranhão (UFMA) on the São Luís campuses. The objective of this research is to understand the dynamics of state and federal universities in Maranhão in offering student assistance actions as potential enablers of low-income law students' permanence in academic life, identifying relevant points about these actions. In light of theoretical discussions on the relationship between law and education, economic inequality, and sustainable development goals (SDGs) relevant to this study; in light of normative bases on the right to Brazilian higher education today, laying the groundwork for discussing student retention; and in light of the contextualization of the field, the following guiding questions for the investigation were raised: How were student assistance actions actually developed by UEMA and UFMA in the context of undergraduate law courses at the São Luís campuses in 2022, 2023, and 2024 to guarantee their students' right to permanence as a constitutional right to education? What are the positive and negative points identified in these actions considering the different institutional contexts? In this logic, the hypothesis of this investigation is that the way in which the state and federal universities of Maranhão offer student assistance actions enables low-income law students to remain in academic life until graduation. To confirm, in whole or in part, or refute the hypothesis critically, we opted for an empirical, exploratory, and qualitative research strategy, consisting of the following stages: bibliographic research, field research, and document analysis. The following categories were extracted from the field for analysis: a) situations that generate student assistance: economic inequality among students, retention and dropout rates in law courses; b) the implementation of institutional rules and procedures to ensure that law students remain in school until graduation; and c) the types of student assistance actions carried out in 2022, 2023, and 2024, based on reports and information tables. The research found a set of factors that indicate a less robust direct correlation than expected between the student assistance actions developed and student retention in law courses at UEMA and UFMA.

The rise of digital platforms as central intermediaries in contemporary markets has profoundly reshaped economic structures, intensifying concentration and granting certain private actors the role of true gatekeepers. By controlling access to essential markets while simultaneously acting as both infrastructure providers and competitors, these platforms exercise a diffuse form of economic power characterized by structural conflicts of interest, self-preferencing practices, asymmetric data exploitation, and opaque unilateral decision-making processes that affect business users and competitive dynamics. In light of the limitations of traditional, predominantly ex post regulatory tools, international debates have increasingly turned toward preventive regulatory approaches, as exemplified by the European Union’s Digital Markets Act (DMA). Within this framework, this research examines which legal duties, particularly duties of loyalty, unjustified non-discrimination (or due/fair treatment), transparency, and guarantees of digital due process, should bind digital platforms in the exercise of their gatekeeping power. The study is based on the hypothesis that the Brazilian legal system already provides sufficient normative grounds for the imposition of these duties, albeit in a dispersed manner, without prejudice to future legislative initiatives. Adopting a qualitative, theoretical-applied, and comparative methodology, combining bibliographic and documentary analysis with the examination of relevant domestic and foreign cases, the research seeks to identify and systematize the legal limits applicable to digital platforms in Brazil. Ultimately, the study proposes interpretative and regulatory guidelines aimed at balancing platform power, safeguarding competition, and protecting the rights of business users, while preserving the innovative dynamics inherent to digital markets.

This dissertation aims to analyze the Federal Supreme Court's adoption of the doctrine of militant democracy in the construction of a crisis jurisprudence to defend the Brazilian democratic regime. To understand the topic, in addition to the appropriate bibliographical review, a study was carried out of the decision made in ADPF 572, which questioned the legality and constitutionality of Inquiry (INQ) 4781, established with the aim of investigating the existence of fraudulent news , slanderous denunciations and threats against the Court, its ministers and family members. The hypothesis is that this decision, alongside others made in the same context, inaugurates a jurisprudence of crisis, supported by the doctrine of militant democracy.  Based on a theoretical-argumentative update of the ideas proposed by Loewenstein to the characteristics of contemporary processes of democratic erosion, the Judiciary emerges as a central actor in the defense of the democratic regime. In Brazil, due to a very characteristic political and institutional design, this turn took place quite clearly in a set of decisions openly aimed at preventing the use of democratic principles and instruments to subvert Brazilian democracy, reinforcing the assumption according to which no right is absolute. Based on this situation, it remains to be questioned what the limits are to the Supreme Court's militant actions.

This investigation is concerned with assessing the potentialities of an epistemology of the personal data protection legal regime based on the concept of trust in order to strengthen the protection of individual autonomy in the context of the digital platforms. In locating the research problem through the examination of the main characteristics of informational relationships in the context of surveillance capitalism (mass extraction of personal data, dependence, hypervulnerability and asymmetries of power and information), the work discusses the figures of dark patterns – deceptive design techniques that exploit users’ vulnerabilities and cognitive biases to instrumentalize human agency – while eloquent examples of the threats to individual autonomy in online environments inadequately addressed by data protection laws focused on the idea of control and processing legitimacy (control paradigm). It thus investigates the effective potentialities of personal data protection based on the notion of individual control from the perspective of the protection of individual autonomy, considering the dark patterns phenomenon. In light of the Brazilian context, the insufficiency of the control paradigm as a mechanism for protecting individual autonomy in the use of digital platforms becomes evident, especially when considering the use of deceptive design techniques. The theoretical framework is problematized, in order to explicate and discuss its dogmatic postulates, concluding that an epistemology based on the notion of trust is compatible with the brazilian legal regime, and that it presents itself as a substantial addition to the protection of fundamental freedoms regime that the Lei Geral de Proteção de Dados Pessoais (LGPD) sought to watch, notably individual autonomy, by bringing to the center of the debate concerning the regulation of information flows the duty of loyalty (a notion that goes beyond the narrow procedural limits employed by the LGPD to assess the legitimacy of processing activities) as a foundational aspect of a personal data protection comprehension that is mindful to the power dynamics – materialized in manipulation techniques through the use of dark patterns – between users and companies whose economic activity is structured on the mass extraction of personal data from the use of digital platforms. 

The dissertation analyzes the implementation of the OECD's BEPS 2.0 Project, focusing on Pillar Two (GloBE) and its impact on developing countries, particularly Brazil. The study examines how these new tax rules affect tax competition, national revenue collection, and tax incentive policies. The first chapter discusses the evolution of the concept of tax nexus, highlighting how taxation has become a legal relationship based on constitutional norms. It analyzes the insufficiency of traditional criteria such as tax residency, source, and permanent establishment in the face of the digitalization of the economy, which intensifies base erosion. The second chapter explores the characteristics of the digital economy and the absence of a clear tax nexus for multinational enterprises. The research revisits the OECD's original BEPS Project, its fifteen actions, and the transition to BEPS 2.0, which introduced Pillar One, focused on reallocating taxing rights to market jurisdictions, and Pillar Two, which establishes a global minimum tax of 15%. The third chapter evaluates how developing countries, highly dependent on tax incentives, suffer from international tax competition and the "race to the bottom" phenomenon. It discusses tax spillovers, demonstrating how the fiscal policies of developed countries negatively affect the revenues of emerging economies. The fourth chapter questions whether the implementation of Pillar Two will benefit or harm developing countries. Although the OECD argues that the minimum tax rate would reduce the need for tax incentives, the research indicates that the lack of infrastructure and other competitive advantages makes these incentives essential for the competitiveness of these countries. The fifth chapter proposes adjustments to fiscal policy to adapt to BEPS 2.0, suggesting the replacement of tax exemptions with Qualified Refundable Tax Credits (QRTC) and the adoption of the Qualified Domestic Minimum Top-up Tax (QDMTT) to prevent revenue loss to other jurisdictions. The sixth chapter analyzes the implementation of Pillar Two in Brazil, including Provisional Measure No. 1,262/2024 and Bill No. 3,817/2024, which create an additional CSLL for undertaxed multinationals. It compares Brazilian legislation with policies adopted in Malaysia, South Africa, and Vietnam, highlighting common strategies and specific challenges. The research concludes that the adoption of Pillar Two should not be viewed merely as a revenuegenerating measure but as an opportunity to promote not only the neutrality and efficiency of the fiscal system but also for developing countries to reposition themselves in the global landscape, reducing their dependence on tax incentives and investing in infrastructure and innovation. 

There are several thinkers who have identified a global phenomenon of democratic recession. These thinkers describe that, nowadays, democratic collapses follow a new pattern, different from the classic coups involving the use of force. Now, democracies fall through the instrumentalization of the very institutions of constitutionalism. Heads of government legitimately rise to power through electoral means but soon begin to use constitutional tools for anti-democratic purposes, aiming to undermine the balance of political competition. Examples of this new form of democratic decline would include the cases of Hungary under Orbán’s leadership and Venezuela under Chávez and Maduro’s governments. The political scientists saw Bolsonaro’s election as a possible indication of the emergence of this phenomenon in Brazil. Thus, the purpose of this dissertation is to investigate, from a retrospective perspective, whether these thinkers were indeed correct in portraying Jair Bolsonaro as an autocrat who would put Brazilian democracy at risk.

This work intends to enter the Brazilian context involving the configuration of the resolution of tax disputes, especially with regard to the forms of tax credit collection. Its aim is to contribute to the current debate about the possibility of using alternative methods for resolving tax disputes, with the central premise adopted by the study being the need to establish a consensual and dialogic perspective between the State and individuals in the development of the legal-tax relationship. The research problem raised by the work concerns the finding that the premise of the existence of a supposed unavailability of tax credit generated harmful effects that were not limited to state revenue. The first hypothesis assumed is that the traditional paradigm for collecting tax debts has failed. The second is that this circumstance can be attributed, among other factors, to the mistaken use of which the tax credit is unavailable. Finally, the third is that the use of alternative dispute resolution methods may prove to be a way of revitalizing the context of tax credit recovery. To verify the soundness of such hypotheses, specialized national and international doctrinal literature on relations between the State and individuals, the National Tax System and alternative means for resolving disputes is approached, correlating such themes with the aim of outlining past, current and future perspectives. Furthermore, national jurisprudence relating to these thematic elements is used as a methodological tool. It is concluded that, from the perspective of the Brazilian legal system, there is no obstacle to the use of alternative means to resolve tax conflicts, with the paradigm of unavailability of tax credit having been overcome and demonstrating the advent of greater flexibility in the development of tax conflicts.

In this paper, we aim to establish some provocative foundations for a new understanding of the discursive structure of legal normativity, questioning the highly individualized development that has marked the progressive agenda in recent years. We begin with an analysis of the use of the term "queer" to explore the critiques articulated even by the left regarding the so-called "identity agendas," with the intention of analyzing not only the formation of contemporary identities themselves but also examining them in the context of the formation of capitalist modernity. In this sense, we seek to differentiate what we understand by a discursive perspective and how it not only can, but must, relate to a phenomenological dimension of human action. In light of this, we defend a critical approach regarding categories or identities that have undergone a process of hypostasis sponsored by the capitalist structure itself. This occurred illustratively with both homosexuality and transgender identity, albeit in different ways. While homosexuality became entrenched as a neutral and homogenizing category, transgender identity appeared in discourse primarily in heroic-martyrized forms, romanticizing or sensationalizing the suffering of these individuals. We argue that this situation justified much of the criticism that, in contemporary times, has been identified by the terms "postmodernity" or "identitarianism." However, we aim to propose alternative ways of thinking about the relationship between these identities and the cultural structure in which they are embedded. After establishing this dynamic base of cultural structure, we move to one of its discursive structures most conducive to the normalization of social practices and expressions: legal normativity. We suggest that if the State is the form of Capital, Law presents itself as the form of social normativity. Through its inherently discursive structure, Law becomes the apparatus par excellence of the modern structure to articulate various devices of control over individuals. Thus, in search of an approach that does not reproduce the same universalist dynamic that tends to characterize not only law but the bourgeois cultural structure itself, we argue in favor of an attitude of estrangement in the face of the existing normativity. In this sense, we propose adopting a queer perspective that seeks to appropriate law from its foundations, not from those already established. In other words, rather than a method that seeks consensus, typical of modern legal dialectics, we defend the pursuit of more spaces for expansive dissensus, through which the strange nature of the fracture separating social practices and expressions, which appear as disobjectivized in the norm, becomes increasingly evident.

The objective of this study is to analyze the admissibility of the compensation clause for marital infidelity in prenuptial agreements, highlighting the relationship between the parties involved and the legal effects of this stipulation. To this end, the work first focuses on the study of marriage, addressing its historical evolution and the conceptual aspects that define it, with particular attention to the institution of the family, which is established through marriage and is directly affected by the prenuptial agreement. Throughout the research, the concepts of autonomy of will and private autonomy were discussed, with an emphasis on the freedom of spouses to stipulate clauses that regulate their patrimonial and extrapatrimonial relationship. The research aimed to understand how this freedom can manifest concerning the rights and duties established in the prenuptial agreement, especially regarding the inclusion of clauses dealing with extrapatrimonial issues, such as the duty of fidelity. Furthermore, data from court decisions across Brazil were analyzed, bringing to light relevant information on the incidence of this issue in the judicial field. The methodology adopted for the development of the study was based on bibliographic and documentary research, which involved consulting works by renowned scholars and gathering pertinent judicial decisions. In conclusion, the study affirms the feasibility of including a compensation clause for marital infidelity in prenuptial agreements, provided that constitutional principles and good faith in contractual relations between spouses are respected. 

This study analyses the participation and representation as essential prerequisites for access to justice in structural processes, through the analysis of a specific case. Its objective is to understand how, and to what extent, a dialogical environment has been fostered in structural processes currently pending before the Supreme Federal Court. This topic underscores the necessary dialogue between structural processes, viewed as a new procedural paradigm, and the constitutional guarantee of access to justice. In this context, an initial retrospective analysis was conducted regarding how the doctrine focused on the study of structural processes perceived the appropriate procedure for the judicial handling of so-called structural litigations up until 2024. Considering the drafting of the preliminary bill for structural processes in 2024, this study seeks to ascertain whether the procedure proposed by the commission of jurists aligns with the doctrinal perspectives that had been advocated as suitable procedural approaches until that time. Within this framework, a bibliographical review is undertaken on the concepts of access to justice and structural (or complex) processes, exploring their interrelation to evaluate whether participation and representation in these processes facilitate adequate access to justice and whether they ensure the dialogical environment necessary for structural processes. To carry out this assessment in a concrete case, ADP No. 635, known as the “ADPF of the Favelas,” is analyzed to determine which mechanisms of participation and representation are being afforded to groups impacted by structural (or complex) litigations in the processes before the Supreme Federal Court, and to verify whether these mechanisms are sufficient to guarantee adequate access to justice. In this regard, the study assesses whether the admission of amicus curiae and the organization of public hearings can ensure (i) adequate participation and representation; (ii) the dialogical environment essential for structural (or complex) processes; and (iii) the mitigation of any significant risk to the legitimacy of the procedure and judicial actions. Lastly, based on the findings from the research, the study recommends the adoption of measures that could assist the Court in promoting universal access to justice through more effective utilization of democratic participation instruments.

The research discusses the precariousness of the black population, especially women, as a historical and institutionalized phenomenon, guided by the sexism and racism present. It is addressed that the experiences of black women are disregarded, due to their constant erasure in the social horizon, using the concept of precariousness to understand the imposed vulnerability processes and their collective action capacities. In this context, it is argued that the justice systems do not offer the necessary tools to change this situation, given that they are based on the dynamics of racial inequality and end up contributing to this precariousness. The traditional ways of access to justice for black women are ineffective, conceiving the need to employ resistance through alternative means to guarantee rights. One of the most evident processes regarding this precariousness is the dynamics of incarceration of black women. To illustrate this reality, the research makes an excerpt which uses data related to incarceration in Maranhão, proposing to trace the profile of women in custody and outline their personal processes in the face of this dynamic, bringing concrete cases that can corroborate such a profile. This study resorted to the survey of bibliographic data, as well as data referring to the prison reality of Maranhão, with the request to the competent sector, and the selection of procedural records related to the theme

The present study seeks to understand the powers of the President of the Chamber of Deputies in impeachment proceedings. Initially, it studies the history of the accountability of the ruler in Brazil, from the Constitution of 1824 to the Constitution of 1988. To this end, it analyzes the main legal, regulatory and jurisprudential provisions regarding the institute, in light of the current legal system. Furthermore, it studies the effects of the omission of the President of the Chamber of Deputies in the preliminary assessment of the impeachment request as an instrument that catalyzes democratic erosion. It also studies the doctrinal concept of agenda-setting power, with an emphasis on identifying its characteristics specifically regarding the powers of the President of the Chamber of Deputies. Next, it studies the innovations proposed in the bill that aims to reform the Impeachment Law, especially in the provisions related to the crime of responsibility of the President of the Republic and in the admissibility judgment to be exercised by the Chamber of Deputies. Finally, it is concluded that it is (im)possible for the President to stop examining, for an indefinite period of time, the complaint of a crime of responsibility committed by the President of the Republic.

This dissertation focuses on the textual production of the physician and traveler François Bernier, known as the first to divide the world into racial categories linked to phenotype, to the physical characteristics of the body. Thus, one can see in his writings a whole glimpse and prediction of an idea that comes to be fixed over the centuries. The gain of this research is, especially, in the original translation of the text "A New Division of the Earth" by the aforementioned author and, also, in the analysis of how colonial inequalities and gender expectations were fundamental to the constitution of this primordial racial categorization. Thus, from the intersection between race and gender in Bernier's writings, it is possible, at the same time, to trace a genealogy of racism in the modern world and, also, to understand how the elements inherent to the racial arrangement can be criticized, mobilized, rearticulated and reimagined by the black population, in order to formulate strategies of escape/liberation from colonial domination.

This research analyzes the limits of racial self-classification for access to racial quotas in the Brazilian electoral system, based on the case of ACM Neto in the elections. The study examines the historical and racialized construction of Brazil, marked by the exclusion and subordination of the black population, and how affirmative actions, grounded in the Constitution, aim to correct structural inequalities. The dissertation proposes a critical reflection on the implications of racial self-classification in the electoral quota policy, discussing its impacts on the political and economic rise of the black population, as well as the challenges faced in the fight for equality within the Legislative Branch. The analysis considers the intersection of law, politics, and racial identity, highlighting the obstacles to the implementation of affirmative policies and the debates on authenticity and oversight of these mechanisms in the Brazilian electoral contexto.

The 1993-1994 constitutional revision was a brief and underexplored period in Brazilian constitutional history. Although the revision today is more analyzed for its brief scope, this study seeks to argue that the unfinished revisionist project of the 1988 Constitution continues to resonate in the present time, in a process of questioning the meaning of the 1987-1988 National Constituent Assembly. To better examine this phenomenon, this dissertation is structured in three parts: the origins, the capture, and the echoes of the 1993-1994 constitutional revision. First, it explores how the idea of constitutional revision emerged in the 1988 text, how it came to be conceived as a tool for dismantling the Constitution’s achievements, and how the unsuccessful attempts to accelerate its implementation occurred. Second, it analyzes how the revisionist agenda was captured by certain political actors, revealing signs that the 1993-1994 revision was going to erode the legacy of the 1987-1988 Constituent Assembly. These signs include efforts to expand the powers of revision, procedural maneuvers to expedite the process, the closure of National Congress galleries to the public, the violent expulsion of protesters, and the centralization of revision efforts around the rapporteur, undermining both popular and parliamentary participation. Third, despite its failure due to the lack of substantive outcomes, the revisionist agenda saw a final attempt to entrench itself through a proposed mechanism within the 1988 Constitution for its own eventual overcoming. Though this proposal was not approved, it has echoed through subsequent proposed amendments to the Constitution seeking new constitutional revisions. The study concludes that the lessons the 1993-1994 constitutional revision leaves for Brazilian constitutional history reinforce that a constitution should be followed and respected: rather than serving as an absolute rupture, a constitution functions as a guide that enables society to pursue its goals in a stable and effective manner, and institutional challenges must be addressed within the constitutional framework, never outside of it.

This dissertation analyzes, from an anthropological perspective, how the Brazilian Su-preme Court processes the subjective elements related to political radicalization in its decisions regarding the January 8, 2023 events. The research examines the first three criminal convictions handed down by the Court in these cases, focusing on the treat-ment given to feelings of perceived injustice expressed by the defendants. Based on Alexandra Poli and Onur Arun's meta-ethnography, which demonstrates the preponderance of subjective meanings of inequality over objective variables in radicalization processes, the analysis reveals how the Court converts manifestations of subjective perceptions into evidentiary elements of criminal intent, without adequately exploring their centrality to understanding and intervening in radicalization processes. The results indicate that the judicial response prioritizes traditional legal categories, such as intent and culpability, to the detriment of understanding the subjective factors that motivate adherence to extremist discourses. As an alternative, the research proposes the incorporation of restorative justice mechanisms, which would allow recognition of the subjective dimension of radicalization without compromising the necessary criminal 

The work presents an analysis of criminal policy in the first year of government (2019) of the then President of the Republic, Jair Bolsonaro, produced from presidential legislative acts, from the perspective of critical criminology, racism and race relations in Brazil. To this end, we analyzed the presidential decrees, the provisional measures, as well as the legislative proposals - their processing - authored by the Executive Branch to the National Congress that year, bserving the printed narrative justifying the promotion and guarantee of public security, the combat crime, corruption and organized crime.

The first chapter provides a review of the criminology schools that marked and still mark the production of Brazilian legislation. In the second chapter, we analyze presidential decrees (59), provisional measures (02) and bills (06), based on theories of critical and positivist criminology, as well as critical race theory, classifying the normative instruments analyzed. in the following categories Weapons; Public Security and Guarantee Systems.

In the third and final chapter we present the conclusions of the work seeking to identify the criminological lines adopted as a backdrop for the criminal policy implemented from that year onwards.

The objective of this study is to demonstrate that the pre-trial and extrajudicial conflict mediation instrument developed by ANS is efficient from both a legal and regulatory perspective, since it provides a quick and effective response to consumers. In addition, it allows Private Health Insurance Plan Operators to cease any operational practices that are not in accordance with the legislation and promote voluntary and effective redress of conduct - RVE, avoiding the initiation of lengthy administrative proceedings and the application of penalties. Furthermore, the NIP contributes to the effective monitoring of the market by ANS. The aim is also to analyze the impacts of the NIP on the judicialization of supplementary health, since this tool for prior conflict resolution is increasingly used by beneficiaries, since it allows a faster and more efficient response to consumers potentially harmed by operators, than judicial proceedings that can last for a long time. The methodology used to achieve the proposed objective involves the analysis of supplementary health legislation, ANS's understandings and case law. The aim is to demonstrate how the supplementary health system works, the main characteristics of health plans and the constitution of operators and the termination of their activities. Furthermore, the ANS’s competence, the consensus in the Public Administration and how this administrative principle contributed to the implementation of the NIP will be discussed. The ANS’s administrative sanctioning process and the NIP procedure will also be analyzed. The research concludes that the NIP is an effective mechanism for the extrajudicial resolution of conflicts between beneficiaries and operators and, therefore, contributes significantly to the realization of the fundamental right to health. However, in order to continue exercising its mediating and conciliatory role, it is necessary to improve it to avoid distorting its purpose.

This dissertation analyzes the evolution of environmental licensing legislation in brazilian state of Minas Gerais between 1988 and 2022, correlating changes in the Normative Deliberations (NDs) with environmental disasters that occurred in the state. The research addresses three interconnected timelines: the evolution of the normative deliberations, the environmental disasters, and the decisions of the collegiate bodies responsible for licensing. The study adopts a descriptive and critical approach, based on meeting minutes and analyses of emblematic cases, such as the disasters of Mariana, Brumadinho, and Dique Lisa. The initial structure was organized to present the topics chronologically, facilitating the understanding of the interrelations between events. Thus, the main objective is to understand how legislative changes and collegiate decisions weakened the prevention of environmental disasters. The first chapter analyzes the evolution of the NDs, highlighting changes motivated by disasters such as Mariana and Brumadinho, while the second chapter investigates the failures in the preventive nature of environmental licensing, evidenced by the three disasters studied. The third chapter examines the minutes of the CMI and CNR councils, revealing a bias in favor of entrepreneurs due to the composition of the bodies, marked by the presence of representatives from the productive sector and public authorities. It is concluded that the changes in the NDs were reactive to disasters but insufficient to prevent new ones, that environmental licensing failed in its preventive function, and that the collegiate councils suffer from administrative capture, compromising the impartiality of decisions. We highlight the need for structural reform of the councils and greater rigor in environmental licensing. This work is relevant as it contributes to the debate on environmental governance and proposes improvements for disaster prevention in brazilian state of Minas Gerais.

This dissertation focuses on access to justice, education in legal rights, and the theory of protection of civil liberties, linking legal practice to these objects of study. Good quality legal services are built on the concept of access to justice. The Florence Project, led by Mauro Cappelletti and Bryant Garth, identified the demand side for legal services by facilitating citizens' accessibility to institutions that promote justice. However, the supply side, which means the qualified response to demanded legal services, was not the subject of the research. The supply side implies the engagement of law operators with the legal system. From this perspective, the study turns to the access to education in legal rights, a result of the academic reflections of Kim Economides, a researcher who integrated and carried out the Florence Project. The central point of this new stage of research is the commitment of law professionals to justice ideals, guided by the ethical awareness that should be built from the initial academic training phase. The concept of access to justice thus comprises a good quality legal system that is accessible to all. Connected to this notion, the protection of civil liberties is a critical theory that brings normativity closer to effectiveness, transforming state norms into a starting point for analyzing their applicability to social reality. Brought to the social sphere, the theory focuses on the effectiveness of social rights as a possibility for granting autonomy to citizens and reducing inequalities.Finally, legal practice aligns theoretical elements with social experiments, ensuring a more humanistic and less dogmatic perspective for resolving emerging conflicts.

Money is essential for the development of electoral campaigns. It enables electoral propaganda, including in digital media. Voting, which is the right made possible by the electoral process, is, however, a non-negotiable value. Furthermore, the Brazilian Constitution instructed, in its art. 14, § 9, that the legislator observe rules aligned with the protection of the legitimacy and normality of elections against the undue influence of economic power. In the digital world, where political actors have access to a variety of advertising tools on social media platforms, many of which are used to generate profit, maintaining a balance between the use of money in campaigns and the constitutional protection against the undue influence of economic power in the electoral process presents a great challenge. Based on electoral rules, to what extent is it lawful to monetize the political discourse inherent in electoral campaigns on social media? This paper seeks to demonstrate the relationship between money and discourse in electoral campaigns, as well as the mechanisms for containing abuses and ensuring equality contained in Brazilian electoral legislation. It then addresses the methods and tools for monetizing content on social networks and, finally, demonstrates the legal implications of monetizing political-electoral content in electoral campaigns carried out in the digital environment.

This research aimed to critically analyze, from a legal perspective, the invisibility of quilombola knowledge and territories in Brazil, emphasizing the construction of oral narratives, the preservation of collective memory, and the fight for territorial rights. The study investigates the concept of epistemic violence in the field of Law, demonstrating how quilombola narratives are silenced and how this exclusion contributes to curtailed citizenship and social control. Special attention is given to emerging legal alternatives, highlighting the role of Black women in resisting the colonial structure of legal knowledge.  

The focus centers on the 1988 Constitution’s promise of plurality, contrasting it with the reality of quilombola communities’ legal invisibility. Challenges in land regularization and the recognition of collective rights are discussed, highlighting the state’s omission in addressing these communities’ historical demands. The study also explores insurgent legal practices linked to the memory and territoriality of the Quilombo Alto Santana. 

The principle of fraternity is a constitutional precept that arises with the objective of rekindling a purpose of social maturity through the perception and altruistic vision of fundamental duties and of the other as a rights holder. Individuals and institutions alike must seek the pacification of their conflicts and the resolution of disputes to enable a harmonious and constructive coexistence as members of a complex and multifaceted society.

The monopoly of conflict resolution by the state jurisdiction has entered into crisis due to high demand and the distortion of its purpose, as it is not always capable of providing the best solution for every concrete case required in a pluralistic environment. The emergence of appropriate dispute resolution methods that prioritize consensus represents an important mechanism for expressing a fraternal society, guided by values of justice and otherness, and has yielded consistent practical results within the justice system.

Dispute resolution under the aegis of the 1988 Constitution cannot be indifferent to the principles and values present in that Charter. Therefore, the State itself must guide its actions towards using more efficient methods in resolving its disputes related to the execution of public policies. In Administrative Law, the evolution of social relations has required a transformation in the relationship between public and private entities, necessitating a repositioning of the unilateral stance in decision-making and transactional mechanisms aimed at achieving the public interest.

The Brazilian highway concession sector, represented by PROCROFE, has faced challenges related to economic, regulatory, political, technical, and social changes—typical of long-term adjustments. These changes generate conflicts of various kinds and require effective actions from the Administration to ensure the necessary balance in contractual relationships and the delivery of expected results to society.

The Ministry of Transport has acted proactively in establishing policies to support conflict resolution in these contracts. It has innovated by collaborating with the Federal Court of Accounts and other institutions to create a consensual conflict resolution model within the administrative sphere. This model seeks to restore balance between obligations and counter-obligations through negotiation, focusing on pacifying contractual relations.

In this context, given the novelty of the consensual resolution model, efforts have been made to address contractual mechanisms aimed at mitigating information asymmetry within the consensus-based agreement. This asymmetry could lead to undesirable behaviors from involved parties. Thus, the goal is to establish a balance between incentives, negotiations, and obligations.

The rapid growth of the global cryptoasset market has been followed by increasing concern from central governments regarding its potential impact on the traditional financial system and its use for money laundering and terrorist financing. Moreover, scandals involving asset mismanagement and the collapse of major players such as Mt. Gox and FTX have led to a broad consensus on the need to ensure adequate protection for investors, who are often inexperienced. Therefore, several countries have undertaken efforts to create and implement robust legal frameworks capable of responding to the new challenges posed by technological innovation. In Brazil, although the enactment of the Cryptoassets Legal Framework (Law n. 14.478/22) represents a significant step toward establishing a consistent regulatory structure, the legislator has (intentionally) omitted provisions requiring virtual asset service providers (VASPs) to segregate client assets from property assets. This study aims to study whether such a regulatory gap constitutes a relevant institutional weakness. To that end, it examines the extent to which the establishment of segregation rules may affect transaction costs in the market, as well as their potential to reduce uncertainty and foster economic development. The research investigates the legal treatment of asset segregation in Brazilian VASPs, considering both the current legal framework and pending legislative bills, as well as published draft resolutions by the Central Bank of Brazil. The findings indicate that the existent legal framework is insufficient to ensure adequate asset protection for users and investors in the domestic market. Furthermore, the proposals currently under legislative consideration, at least in their present form, are inadequate to fill the gap left by the legislator or to provide the legal security, in line with international best practices. The study concludes that the Brazilian legal framework should be complemented through the draft of a bill establishing the legal and operational obligation to segregate client assets and funds, along with specific mechanisms for mitigation and asset management.

The United States hosts the largest community of Brazilians outside the country. According to official data from 2024, it is estimated that at least 2.5 million are women. However, this number is the result of the feminization of international migration, intensified since the 1980s. With this feminization came an exponential increase in marital relationships, the birth of transnational children, and international conflicts arising from custody disputes involving these children. International child abduction is one of the phenomena that emerges from parental conflicts and is characterized by the international removal or retention of a child under the age of 16 without the consent of the person holding custody rights. To prevent occurrences of child abduction, an international treaty was developed: the 1980 Hague Convention, which provides for the return to the status quo by repatriating children to their country of habitual residence as an essential element to avoid greater harm to the child’s best interests. Its main purpose is to ensure that the parties involved litigate in the country of habitual residence. The treaty allows for children to remain in the country of refuge in cases where there is a risk upon return to the child. However, what has been observed is the feminization of abductions, with a growing number of women committing the civil offense and invoking the exception of risk upon return (Article 13, 1, b of the Treaty), alleging the occurrence of domestic violence. This study aimed to analyze whether the American welfare state enables Brazilian women to litigate in the foreign territory, in accordance with the Treaty, or whether conditions—especially the lack of legal aid in civil cases, particularly divorces, as well as the recognition of and response to domestic violence—are sufficient to prevent international abductions. A qualitative, deductive, dogmatic-analytical methodology was used, through bibliographic review, legislative analysis, document analysis, relevant and official quantitative research, and statistical data from secondary sources. It was concluded that Brazilian migrant women are in a grave situation of vulnerability due to the fragility of the American welfare state and the potential future worsening of this scenario, in view of the projected birth rate of Latino children in the United States by 2035

This dissertation critically analyzes the formulation and implementation of public policies aimed at combating gender-based violence against Indigenous women in Ecuador, from an intersectional perspective. The research is grounded in the recognition that Indigenous women occupy a position of heightened vulnerability, shaped by the overlapping of multiple systems of oppression. Key theoretical contributions from authors such as Kimberlé Crenshaw, Rita Segato, Patricia Hill Collins, and Aída Hernández, among others, are used to frame the analysis. To this end, a qualitative methodology of an exploratory and analytical nature was employed, incorporating document analysis and the review of secondary statistical data. This approach seeks to engage with the phenomenological aspects of violence and the subjective experiences of Indigenous women. The dissertation is structured into four chapters. The first chapter offers a historical contextualization of Indigenous marginalization, emphasizing the roles of colonization and mestizaje in the exclusion of Indigenous peoples. The second chapter explores the participation of Indigenous women in social and political movements, underscoring the invisibilization of their leadership and the tensions between their demands and the patriarchal structures within their communities. The third chapter examines the broader context of gender-based violence in Ecuador, drawing on statistical data and official documents to highlight the specific forms of violence experienced by Indigenous women. Finally, the fourth chapter discusses intersectionality as both a theoretical and practical tool for the construction of public policies that genuinely promote equity and social justice. The dissertation concludes that the absence of an intersectional perspective in public policy perpetuates inequality and structural violence against Indigenous women. It recommends that intersectional approaches be integrated into the processes of policy formulation, implementation, and monitoring, with attention to the multiple dimensions of identity and oppression that shape the lived realities of Indigenous women in Ecuador.

Given the potential severity and extent of the damage caused by oil spills at sea, such as those caused by oil tankers, national and international norms, together, must seek to establish harmony in relation to the legal mechanisms for holding marine polluters civilly liable, especially regarding the obligation to repair the damage caused to the environment. This paper aims to clarify which elements of international and national law can condition harmony for the understanding of environmental civil liability arising from damage caused by marine oil spills, as well as which factors represent material or procedural barriers to the legal harmonization of these standards, in order to enable a better understanding of the liability of private agents in cases of orphan spots. With this purpose in mind, some general principles and concepts of public international law will be addressed, which delimit the contours of international environmental law applicable to marine polluters, as well as premises linked to the role of private actors in environmental governance, in order to clarify harmonizing elements for environmental civil liability for damage caused by oil at sea. Next, some material and procedural barriers that prevent the harmonization of environmental civil liability will be raised, with regard to environmental damage caused by oil spills at sea. These obstacles are reinforced by the complex nature of the seas, among which they include: the multifaceted concept of environmental damage; incompatibilities between CLC-69 and national standards, especially in relation to the channeling and financial limitation of compensation to the owner of the vessel and exclusions of liability; and, finally, procedural limitations faced after the damage has been confirmed, such as the monetary valuation of environmental damage and the divergence regarding the imprescriptibility of environmental damage. The research method was supported by a review of doctrinal and normative literature and case examples.

The dissertation investigates the extent to which the Brazilian business environment and legal system offer adequate conditions for startup financing by venture capital funds, focusing on corporate law and the behavior of economic agents.

A review of national and international literature on the financing and corporate governance of startups was conducted, as well as a comparative analysis of quantitative and qualitative aspects and data from the venture capital industry in Brazil and the US.

The work reconstructs the assumptions of the venture capital market: the high degree of risk and illiquidity of the investment against expectations of high financial gains; the incentive structure of entrepreneurs, fund managers and investors; and staged financing based on the achievement of goals and metrics by the startup.

In the comparative analysis of corporate forms, we conclude that, in Brazil, the “Sociedade Anônima” is, by default, the form that best accommodates venture capital corporate governance requirements, similarly to the US Corporations regime.

The “Mútuo Conversível” is emerging as the most suitable contractual instrument among the options available to Brazilian agents, however, it has its own limitations, such as the tendency to subject the parties to lengthy negotiations, with high transaction costs, due to the absence of a renowned and widely used contractual model among agents, such as the Simple Agreement for Future Equity (SAFE) in the US.

This paper examines the spread of offshore structures among Brazilian startups valued at over US$1 billion (the “unicorns”) and the possible systemic costs to the Brazilian ecosystem with the large-scale use of this model.

As a regulatory agenda, we propose a Startup Corporate Law that sets a general framework for reducing transaction costs, but preserves the agents’ freedom to develop private ordering solutions to contracts and corporate governance solutions, and curbs the abusive exercise of rights.

From an interdisciplinary perspective, which begins at the intersection of law, technology, and discrimination, this paper aims to analyze automated profiling as a manifestation of algorithmic racism and, consequently, Brazil's efforts to regulate this technique through existing standards in the national legal system, such as the Brazilian General Data Protection Law (LGPD), and the imminent regulation of Artificial Intelligence (AI) as a way to combat structural racism. The first chapter presents technical considerations on categories such as AI, personal data, big data, algorithms, and, no less importantly, machine learning and generative AI. The second chapter discusses racism as a social and structuring construct of capitalist society and, consequently, analyzes the phenomenon of algorithmic racism, notably through its manifestations in automated profiling. Finally, the third and final chapter analyzes mechanisms present in personal data protection legislation, as well as in global and national initiatives, such as Bill no. 2.338/2023, ways to inhibit violations of fundamental rights and to contribute to the protection of the Black population against the discriminatory risks of automated profiling.

Parliamentary Committees of Inquiry (CPIs) are widely acknowledged in Brazilian jurisprudence and doctrine as a subjective public right of parliamentary minorities. Nonetheless, recent practice (v.g. CPMI Vegas, CPI do Futebol, CPI da Pandemia and CPMI dos Atos de 8 de Janeiro), researchers closer to the CPIs and the perception of its own agents (Parliament members and public seveants) reveal that minorities remain unprotected after a Committee is established: they lack means to investigate, to elect or nominate leadership positions (Chair, Vice-Chair, and Rapporteur), to set up agendas, to approve requests for persons and papers, and to influence the final report (paradox). This study examines (i) three paradigms - constitutional, statutory, and comparative law - to shed light on the nature of federal CPIs in Brazil, (ii) three misteries underlying its paradox; and (iii) three solutions to the related challenge. As per the first paradigm, the text of the Brazilian Constitution is robust and authentic, granting CPIs powers akin to judicial authorities, mentioning other powers to be fixed by the Rules of Congress (House and Senate), and envisioning a mediate purpose to promote civil and criminal liability. By contrast, the statutory framework is so called chaotic, lacking specific and modern regulation, resulting in an almost absolute agenda-setting power for the Commission Chair, an inadequate regency by norms of Committees in general and Plenary, and a problematic supplementary application of the Criminal Procedure Code. As per comparative law, certain jurisdictions, such as Germany and Portugal, offer enhanced protections for parliamentary minorities in CPIs, ensuring effective rights to produce evidence, greater representation in leadership positions, and stronger influence over outcomes. The study posits that the root cause of this paradox lies in three mysteries of Brazilian CPIs: (i) their effective integration into the legislative process, which shall attract what is comprehended as a due legislative process doctrine, oriented to safeguard fundamental rights; (ii) the ephemeris nature of this parliamentary minority right, openly recognizing the absolute absence of protection ex post; and (iii) their function as genuine investigative bodies (with the fundamental distinction between accountability and investigation), including a criminal scope, which leads to a semi typical power of the Brazilian Congress, essential to safeguard the independence and harmony of the branches of government. To address these issues, three remedial paths are proposed: (i) reform of internal rules to guarantee minority protections, such as binding minority orders for papers and persons, and a duty to send minority reports to authorities; (ii) voluntary self-regulation adopted by CPI members, implementing the suggestions hereto; and (iii) judicial measures (v.g. writs of mandamus) filed by affected parliamentarians before the Supreme Federal Court. Ultimately, Brazil’s constitutional text on CPIs is among the most robust and progressive worldwide, although there is a relevant incongruity with existing statutory regulation. demands urgent attention to safeguard the legitimate role of parliamentary minorities. The remedial paths proposed do not bring a great novelty as per the advances already found in foreign jurisdictions, place pros and cons, and some reasonable uncertainty regarding implementation, however the present study at least fulfills its purpose to put the topic into debate for academia and CPIs’ agents.

This dissertation investigates the possibility of fully understanding the decision only from the context of the justification, taking as a case study the decision of the Federal Supreme Court in the Argument for Non-Compliance with a Fundamental Precept 572/DF, which declared the constitutionality of the Fake News Inquiry. It is based on the hypothesis that analyzing the context of the justification alone can produce an interpretation that is not representative of reality; on the other hand, rhetorical theory can better understand the decision, through the concepts of presentation and production. To examine this hypothesis, the Empirical-Rhetorical Analysis of Law methodology is adopted, which allows judicial decisions to be understood as discursive constructions anchored in specific social contexts. The analysis is structured in three parts: the first chapter discusses the rhetorical turn in legal theory and the relevance of pragmatic approaches that consider language as a social practice in the production of judicial decisions. Then, in the second chapter, we critically analyze Atienza's model and defend the centrality of the concepts of production and presentation of the decision text, articulating them with the methodological proposal. Finally, we reconstruct the political context of the decision and carry out a rhetorical analysis of Argument for Non-Compliance with a Fundamental Precept 572. The results show a predominance of pathos elements (46%), followed by ethos (33.8%) and logos (20%). In the end, it is concluded that the decision in the Argument for Non-Compliance with a Fundamental Precept 572 cannot be fully understood by its textual grounds alone, and that it is essential to consider the context of the discovery. In order to interpret how the decision was effectively constructed, it became necessary to investigate the relationships between the actors involved at the time of its production and the political and institutional elements that influenced its formulation.

This research examines the argumentation mobilised within the juridically regulated procedure through which law is posited, adopting a topical–pragmatic perspective in order to render visible the tracing of topoi as an analytical instrument for legislative argumentation. In doing so, it seeks to address a recognised lacuna in standard theories of legal argumentation, which have traditionally concentrated on judicial reasoning while devoting comparatively less attention to the argumentative dimension of the creation of positive law. The guiding research problem, accordingly, is to ascertain how the strategic deployment of topoi conditions the construction of legislative problems and the selection among available solutions. An empirical qualitative approach is adopted through the analysis of a corpus comprising twelve federal ordinary statutes enacted in 2022 and 2023 that were subject to a total presidential veto and whose veto was subsequently overturned in full by the National Congress. This methodological delineation makes it possible to observe an entire cycle of heightened institutional conflict and subsequent decisional recomposition. The empirical material derives from the comprehensive collection and systematic organisation of the relevant legislative documentation, including statements of reasons, committee opinions, veto messages and plenary debates. The dataset was inductively segmented into 2,228 units of analysis and used to construct a descriptive inventory of the topoi mobilised. The findings indicate that the legislative process is structured as a dialogical dynamic for managing decisions under conditions of dissensus, in which topoi operate as mechanisms for stabilising expectations and for appraising and reordering competing deliberative priorities. Recurring patterns are identified, including legislative reactions to problems generated within the legal system itself through administrative and judicial interpretations; the centrality of topoi associated with legal certainty, predictability, fiscal responsibility and the coherence of the legal order; the framing of controversies as normative lacunae or hermeneutic distortions; and the prominence of a performative topicality in plenary debates. It is concluded, therefore, that topical analysis is methodologically well-suited to examining the argumentation that structures the agonistics surrounding enacted law, while also offering a methodological contribution by proposing an analytical protocol amenable to replication in future enquiries.

The intense use of artificial intelligence impacts various areas, including the legal field, and may pose a new challenge for election campaigns. The use of deepfakes, which are images, videos, or audios digitally manipulated through machine learning to simulate people's speech or actions as if they were real, in politics presents a new facet of gender-based political violence that has been practiced against women for years. Although legislation has advanced in protecting women who pursue careers in politics, the use of technology to spread falsehoods about female candidates contributes to the violence they suffer in elections. Considering this problem, this article initially addresses the implications of the use of technology in politics and presents regulations around the world through a literature review. Next, it analyzes 101 rulings from the Regional Electoral Courts related to the 2024 municipal elections with the aim of investigating the targets, political parties, disseminated content, and grounds for the configuration of deepfakes. Finally, the chapter relates the content disseminated against female candidates in the elections to the recent concept of gender-based political violence, confirming the hypothesis that deepfakes also constitute gender-based political violence insofar as they offend the honor of female candidates with the aim of discrediting them, in an attempt to prove that politics is not a place for women, according to the concept of gender-based political violence by Mona Lena Krook and Juliana Restrepo Sanín. The work also uses Kimberlé Crenshaw's concept of intersectionality to analyze gender and race, proving that Black women are more oppressed by violence, as Bell Hooks also demonstrates.

The research The Algorithm of Truth examines the impact of digital technologies, particularly algorithms, on freedom of expression and power relations in democratic contexts. Using a qualitative and exploratory approach, it analyzes a 2023 decision by Brazil’s Superior Electoral Court regarding Jair Bolsonaro's misuse of social media and public media during his presidential campaign. The theoretical framework combines Jack Balkin's concept of the “Algorithmic Society” with Michel Foucault's theories on disciplinary and architectural power. The study explores how algorithms, through the mass management of personal data, amplify social polarization, distort information, and reshape political power dynamics, posing critical tensions between freedom of expression and information manipulation. The research identifies three key aspects: i) Epistemic Normativity; ii) Electoral Governmentality and; iii) Algorithmic Dynamics of Factionalism. Additionally, it highlights the role of algorithmic infrastructures in propagating disinformation and creating power imbalances, undermining fundamental rights and compromising democratic quality. The study concludes that algorithms are not mere technical tools but configurators of subjectivities and narratives that redefine power relations in digital environments. This underscores the need for effective regulation to safeguard fundamental rights, especially in vulnerable democratic contexts. Future research is proposed to explore the interactions between technology, democracy, and human rights, addressing the risks associated with the intensive use of personal data and algorithmic governance.

The Inter-American Human Rights System (IAHRS) is characterized by the interaction between the Inter-American Court of Human Rights (I/A Court H.R.) and national courts, grounded in the concepts of conventionality control and res interpretata. This study aims to analyze this phenomenon through the lens of judicial dialogue through precedents, defined as the attribution of legal value to prior decisions by other courts in the decision-making process. Two methodological approaches were employed: a bibliographic-documentary approach, which critically examines the notion of rules of precedent in  international law and their appropriation within the IAHRS, considering the tensions embedded in Inter-American standards; and an empirical, textual-discursive approach, which analyzes the use of national decisions in I/A Court H.R. advisory opinions and the incorporation of Inter-American decisions by the plenary of the Brazilian Supreme Federal Court (STF). The study finds that the I/A Court H.R. employs national decisions in a heterogeneous and strategic manner, and there remains controversy regarding whether regional consensus should serve as the basis for expanding its mandate and the interpretative role of domestic courts within the framework of the Inter-American corpus juris. Meanwhile, the STF has consolidated conventionality control as an argumentative topos, though the role of Inter-American decisions and the scope of STF powers (along with their limitations) remain subjects of ongoing dispute. The study concludes that the very concept of dialogue through precedents is conflituous, serving both to reinforce and to challenge the binding nature of decisions from the opposing side of this interaction, creating a tension that both impairs and propels the development of the IAHRS. 

This thesis presents an empirical investigation of the legal discourse of the Brazilian Supreme Court, analyzing the argumentative strategies employed in its 60 most relevant cases of 2023. Through the Grounded Theory methodology, the study reveals a unique discursive pattern: although the Court frequently relies on precedents and doctrines, their use is more focused on building argumentative authority rather than establishing normative coherence with previous decisions. The study also identifies the prevalence of traditional interpretative canons and a notable absence of contemporary argumentative strategies developed over the last five decades, even in cases of high legal complexity and social relevance. The research innovates by transcending the normative and bibliographic approach predominant in Brazilian legal academia. Instead of proposing new theoretical models, it focuses on empirically understanding how the Supreme Court mobilizes its argumentative strategies in practice. The results suggest that the Court's legal discourse, anchored in classical strategies with high interpretative flexibility, may function as a legitimizing instrument for decisions influenced by extra-legal factors, highlighting a tension between formal legal rationality and the practical constraints of the decision-making process. These findings not only illuminate the internal workings of the Supreme Court but also question the effectiveness of traditional, theoretical academic production in influencing judicial practice. The thesis thus proposes a crucial reflection on the gap between theoretical academic production and judicial practice, suggesting the need to broaden investigative horizons towards empirical approaches and intersection with other fields of knowledge. Its findings offer significant contributions to researchers, legal practitioners, and others interested in understanding the predominant argumentative practice in the legal discourse of Brazil's highest court.

This thesis, an empirical investigation in Law with an interdisciplinary approach, examines the role of the Brazilian National Judicial School for Formation and Development (Escola Nacional de Formação e Aperfeiçoamento de Magistrados - ENFAM) in promoting judicial education that values and includes the rights of Indigenous Peoples as a Collective Legal Subject. The study considers ENFAM’s 

curriculum framework as a space of power and essential training with the potential to transform the understanding of law by incorporating Brazil's sociocultural diversity, moving beyond dogmatic applications and reflecting the complexities of society.  

By addressing interculturality as a significant field of knowledge within the political theory of education and using the pedagogy of encounter as a guiding approach, this research seeks to understand how the inclusion of Indigenous voices and worldviews in the curriculum of judicial schools can contribute to judicial training where both judges and Indigenous peoples are active agents in the construction of a new law. In this way, ENFAM, as a central institution in the system of federal and state judicial schools, can position itself as a catalyst for transformation, committed to building an inclusive and democratic justice aligned with constitutional values that recognize and protect sociocultural rights.

Thus, this research positions judicial education as an essential field for studying legal phenomena and explores its role in promoting a new law that respects diversity and integrates the different worldviews present in Brazilian society

Diplomatic asylum is understood as the act of granting shelter to an individual who, while still within the territory of the State where he is persecuted, seeks protection in the premises of the diplomatic mission of another State, accredited in that country. Despite the progressive denial as a right in Europe, the institute is recognized as a typical legal category of a Latin American international law. This process, however, had several periods of affirmation, denial, contestation, until its consolidation in the mid-twentieth century. Its nature as a Latin American regional custom has been contested in judicial precedents of international tribunals which, by means of semantic subterfuges, do not recognize the customary legal nature of diplomatic asylum, using, on the other hand, non-legal categories such as "Latin American tradition of asylum". In this sense, the present thesis sought, through the analysis of the historical development of the institute in Latin America, to prove the existence of regional custom on diplomatic asylum in the continent. It was identified, through documentary and bibliographical research based on historical and comparative method, four key periods in which the institute had its debate driven, from the codifying Pan-Americanism (1888-1933), passing through the Spanish Civil War (1936-1939) and the judgments of the International Court of Justice in the "Asylum" and "Haya de la Torre" cases (1950-1951), until reaching the controversy surrounding the diplomatic asylum granted to Julian Assange (2012) and the Advisory Opinion 25/18 (2018) of the Inter-American Court of Human Rights. After analyzing the four periods, it was proven the existence of Latin American regional custom on diplomatic asylum, which points to the need to overcome the precedents of the ICJ and IACHR regarding the subject, as well as the proper qualification of what would be the "Latin American tradition of asylum".

This study analyzes cases of maternal deaths that occurred during the COVID-19 pandemic in Acre, between 2020 and 2022. The objective is to demonstrate that these deaths cannot be attributed exclusively to the pandemic, but reflect preexisting social conditions, such as socioeconomic inequalities, limited access to health services, and inadequate management of the health crisis. The central question, “What did they do to them?”, implies recognizing that there was already scientific evidence to guide care, but necessary measures were not implemented to prevent these deaths. The research was based on visits to the agencies responsible for state and municipal Maternal Death Surveillance, analysis of death certificates and medical records, interviews with family members, review of national and international literature, and discussions with the research group involved in the project “Stories of women in times of pandemic: a study on maternal mortality”. Of the 25 pregnant and postpartum women who died in Rio Branco during the COVID-19 pandemic, 8 families agreed to participate in the interviews. The analysis identified elements that demonstrate how state-sponsored femicide impacted these deaths: weaknesses in the local maternal death surveillance system, among them coding errors, barriers to access to care, as revealed by medical records and interviews, and the scenario of conduct that disregarded scientific evidence in health, including the acquisition of ineffective medications and failures in immunization against COVID-19, which is a proven effective protective resource. The conclusion of this study indicates that, although each story has its own particularities, there are common traits in the deaths of these women: they were victims of combined forms of gender, race, and class oppression, facing health systems that neglected sexual and reproductive health during the pandemic. In addition, they suffered the consequences of poverty and inadequate management of the health crisis. The grieving families are survivors of a pandemic and, at the same time, victims of absent public policies, living in precarious conditions, exposed to disease, hunger, and violence. This paper serves as a record of the State’s failures to respond effectively to the COVID-19 pandemic, especially with regard to women’s health and care needs.

Several ongoing artificial intelligence (AI) projects in the Brazilian Judiciary are being promoted as a panacea to the current budgetary crisis and as means to enhance the effectiveness and consistency of judicial services. However, there has been limited debate about how the adoption of AI in judicial systems might affect their legitimacy. To address this gap, this research examines the following questions: Does the use of AI in judicial systems impact their legitimacy? If so, is this impact influenced by factors related to the perceived justice of judicial procedures?

To explore these issues, the study begins with a review of specialized literature on the effects of AI, focusing particularly on judicial legitimacy. It also investigates the Judiciary’s role in responding to structural changes brought by emerging technologies. Notably, in emblematic and still pending cases — such as Elon Musk v. OpenAI, Sam Altman, and Greg Brockman — courts are being called upon to fill regulatory voids. The judicial response to such disputes may itself influence public acceptance and the legitimacy of their decisions.

At the same time, courts are becoming AI users, which raises concerns about their ability to maintain public trust, especially if its use distances the courts from their core functions of resolving disputes and protecting fundamental rights. To analyze these dynamics, we conducted an empirical study in two stages: (i) three focus groups with graduate law students from the University of Brasília and the Université de Montréal (conducted in English and French); and (ii) a survey, including an open-ended question, directed at legal professionals in Brazil.

Two hypotheses guided the empirical analysis: (i) using AI in non-decision-making functions would positively affect judicial legitimacy; and (ii) using AI in decision-making would negatively impact the legitimacy of the Judiciary. Hypothesis (ii) was explored through two scenarios: the use of AI to summarize cases and evidence; and its use to draft decisions for judges to review. We hypothesized that AI used for summarization would be more acceptable than AI used for drafting decisions.

To assess judicial legitimacy, we applied the procedural justice theory. Factors influencing perceptions of procedural justice were translated into proxy variables, including whether AI allows: (1) parties to feel heard — the voice criterion; (2) increased trust in the judiciary — the trust criterion; (3) clarity in decisions — the explainability criterion; (4) timely resolution — the timeliness criterion; (5) impartiality across social identities — the impartiality criterion; (6) equal treatment regardless of socioeconomic status — the substantive equality criterion; and (7) respectful treatment — the respectful treatment criterion.

Our findings show that legitimacy is not solely tied to efficiency, but to the Judiciary’s ability to ensure participation, dignity, and transparency. Participants voiced concerns about dehumanized decisions, lack of human oversight, algorithmic bias, and excessive precedent stability. Broader skepticism about AI, including opacity regarding its use in legal proceedings, was also observed.

This thesis examines the relationship between the institutes of family power, custody, and visitation rules within Brazilian Family Law, proposing a conceptual and normative simplification that prioritizes the best interests of children and adolescents amidst a context of social and familial transformations. Adopting a historical-juridical and bibliographic approach, the study traces the evolution of family power from the patriarchal model of "paternal power" to its contemporary configuration, emphasizing its transition to a new nomenclature in the Brazilian legal framework: "parental authority," with a focus on the comprehensive protection of children, as influenced by the Statute of the Child and Adolescent (ECA) and the Civil Code of 2002. The research problematizes the persistence of the legal institute of custody, highlighting the low practical adoption of shared custody—only 37.79% of cases in 2022, according to IBGE data, despite Law No. 13,058/2014—and the conceptual confusion surrounding it. It argues that custody, whether unilateral or shared, adds no legal value beyond what family power already ensures, perpetuating litigation and stigmas, such as that of the "non-custodial parent," without effectively promoting parental co-responsibility. The central hypothesis suggests the absorption of custody into family power, reframed as "parental authority," to simplify the legal system and enhance child well-being and equality between parents. The benefits of this legal simplification include strengthened affective bonds, reduced judicial conflicts, and the deconstruction of traditional gender roles, aligning with the demands of contemporary families. In this context, guardianship is presented as an effective alternative in the absence of parents, ensuring protection without undermining the proposal. It is concluded that such restructuring, inspired by precedents like Constitutional Amendment No. 66/2010, could realign Family Law with simplicity and functionality, requiring legislative revisions and future empirical studies.

Taxation is fundamental to the functioning of the State and must observe constitutional principles, especially the ability-to-pay principle. This thesis analyzes the effectiveness of that principle within the Simples Nacional regime, drawing on Law and Economics and fundamental rights, and highlighting the tension between fiscal simplification and tax justice for micro and small businesses. The study adopts an interdisciplinary approach, combining bibliographic research, document analysis, and systematic interpretation of legislation, case law, and empirical data, including SEBRAE surveys indicating that 82% of entrepreneurs are dissatisfied with the tax burden’s impact as companies grow, underscoring the need to improve the regime. It concludes that, although Simples Nacional represents progress in unifying tax payments, taxation on unreceived revenues, the complexity of its operation, and X 2 insufficient progressivity can disproportionately burden taxpayers, particularly during periods of low liquidity. Moreover, the regime does not fully respect the essential minimum and may produce confiscatory effects, revealing a misalignment between taxpayers’ financial capacity and the applied rates. The research proposes an institutional redesign, giving priority to the cash-accounting method for tax liability, introducing gradual transition mechanisms, and conducting Tax Impact Analysis (TIA) before implementing new regulations, thus aligning Simples Nacional with the constitutional foundations of tax justice, free enterprise, and the promotion of micro and small businesses.

This study aims to analyze the declaration of the State of Unconstitutional Affairs (ECI) by the Brazilian Supreme Federal Court x 2 (STF) as a jurisprudential production intended to realize the principle of human dignity, yet it proves ineffective in addressing the chronic issue of mass incarceration, identified as a cause of the systematic violation of this principle. The central hypothesis is that the ECI is not part of any given reality but is an effect of a regime of power. Starting from the premise of the ECI's ineffectiveness, the arguments used by the STF justices in the ruling issued in the precautionary measure in ADPF 347 are analyzed in comparison with other cases under the general repercussion system, which constitute what the Supreme Court has referred to as the prison system agenda, in light of the constitutional principles that follow from the adoption of the rule of law. Upon finding that these principles are not those actually employed by the Supreme Court—indicating the existence of a legal-political paradigm distinct from the constitutional rule of law—the ECI jurisprudence will be qualified as symbolic, in light of Neves’s theory of symbolic constitutionalization. Once the jurisprudence is characterized as symbolic, the research introduces Foucault’s notion of governmentality as the analytical tool to be used in examining its operational logic and concrete effects. The study presents Foucault’s notions of power and governmentality in contrast to legal and philosophical theories designed to solve the problem of power, highlighting the normative paradigm adopted by Habermas in his reconstruction of the democratic rule of law. Within this framework, the ECI declaration is submitted to the scrutiny of power analytics and situated within the field of governmentality in order to identify the effects that this jurisprudence, as a concretization of symbolic constitutionalism, produces. Some consequences of symbolic constitutionalization—such as the lack of legal normativity, sub-citizenship, and the absence of reflexivity within the legal system—will be brought into dialogue with the insights offered by governmentality as a methodological and critical instrument to analyze the ECI declaration and its concrete effects. As a result of employing Foucault’s critical apparatus, the ECI declaration is identified as a hypothesis of biopolitical concretization of symbolic constitutionalism, operationalizing an individualizing and totalizing rationality. Finally, the research proposes some ways of opposing biopolitical constitutionalization by using Foucault’s analytical tools.

The thesis aims to portray the state of the art of the public defense office regarding the direct proposition of the Incident of Resolution of Repetitive Demands - IRDR. The problem that this research sought to answer was whether the public defender´s office uses the IRDR in order to fulfill the interests of its clients. Although it is a new institute introduced in the 2015 Civil Procedure Code, the construction of the IRDR occurs through the discussion of possible theses to be established with an eminently local character, collaborating in the formulation of a binding decision that deals with a situation analyzed through the perspective of those before whom it may be applied. Thus, seeking to address this instrument and how it is currently used by the public defender's office, a study was carried out on the historical digression that formed it, which culminated in the constitutional recognition of its importance, an important factor of legitimacy when seeking to construct a binding decision. To this end, this research adopts a qualitative method that seeks to interpret the reality of the public defense combined with the quantitative method, considering that data collection is carried out to conduct the stages of the process. Therefore, in view of the analysis of the IRDR as a precedent with force in local courts for the defense of those assisted/target audience of the institution, the use of the IRDR was outlined as an instrument for access to justice. In this sense, through the data obtained from the research, we sought to assess what would be the possible justifications that contribute to the little offer of the debate of theses through the aforementioned incident. With this, we proposed discussing structural problems of the public defender's office, presenting examples of expansion of the initial service of the defender's offices in some states, as well as presenting proposals for improvements in order to improve access to justice that would culminate, directly or not, in an increase in the proposal of IRDR.

This research addresses critically and transdisciplinarity the ethical dilemmas of scientific progress in relation to governance, the human right to science, and scientific responsibility in contexts of structural inequality. Methodologically, the research is designed as a qualitative case study, focusing on the 2016 ruling T-622 of the Constitutional Court of Colombia, which recognized the Atrato River as a subject of rights. Through this paradigmatic case, the study examines how scientific and technological developments affect collective rights, ancestral knowledge, and cultural diversity, particularly in historically marginalized ethnic territories. The theoretical framework encompasses key notions such as cognitive extractivism, knowledge colonialism, bioprospecting, and the human right to science in its dimensions of access, participation, and benefit. Additionally, the thesis proposes a re-interpretation of scientific governance through the lens of epistemic justice and ecological constitutionalism, emphasizing the need for responsible scientific practices and ethical anticipation of the socio-environmental impacts of technological development. The thesis is structured around three main categories of analysis: (i) cognitive extractivism and epistemic colonialism; (ii) the structural connection between human rights and cultural diversity; and (iii) scientific responsibility and the ecological constitution. This approach reveals tensions between science, power, and justice, and formulates normative and institutional proposals aimed at democratizing knowledge and protecting biocultural territories. The study concludes with recommendations to strengthen inclusive and ethical scientific governance in Colombia.

The thesis addresses the legal and political actions of the Indigenous movement, with a focus on the Articulation of Indigenous Peoples of Brazil (APIB). The study is grounded in the author's practical experience within this organization, as well as in documents and cases in which they work to ensure the original rights of Indigenous peoples declared by the 1988 Federal Constitution, particularly in Articles 231 and 232. The research emphasizes APIB's role as a central force in the national coordination of the Indigenous movement, highlighting its strategic efforts across various fields, such as legal assistance and resistance against threats to Indigenous rights. The thesis discusses how the Indigenous movement has established itself as an agent of transformation within the Brazilian justice system, challenging entrenched colonial and racist structures. Using a decolonial and qualitative approach, the X X 2 study examines legal documents, court rulings, and the strategies of the Indigenous movement to understand their struggles against coloniality and their pursuit of a plural constitutionalism emerging from grassroots movements. Coloniality, a central concept of the research, reveals how the power and knowledge hierarchies established during colonization continue to marginalize Indigenous knowledge and rights. This logic underpins social and legal inequalities perpetuated by economic and political elites who resist acknowledging cultural, epistemic, legal, and political diversity. Finally, the thesis argues that the Brazilian Indigenous movement is an example of collective and decolonial resistance, promoting an intercultural constitutionalism "found in the streets." APIB, as a protagonist in this struggle, is legitimized by its efforts to defend Indigenous rights, coordinating legal and political strategies in a context of persistent challenges and oppression.

In the 21st century, countries around the world have witnessed the rise of leaders who, once elected, steered their political practices toward the weakening of liberal democracy and constitutional identity. Viktor Orbán (Hungary), Vladimir Putin (Russia), Donald Trump (United States), and Jair Bolsonaro (Brazil) are among the exponents of this emerging ideology, known as illiberalism, which reconfigures elements of authoritarianism to subtly and opportunistically erode the foundational principles of political liberalism—democratic institutions and the fundamental rights of minorities. Although each national context presents specific particularities, illiberalism is structured as a transnational movement whose ideological core unites leaders who, despite geographical distance, converge in their defense of unrestricted popular sovereignty and conceptions of an ethno-nationalist, anti-individualist, and anti-pluralist common good. In Brazil, unlike in other cases, this phenomenon was, at least in the short term, contained through democratic resistance articulated by institutions, political actors, and sectors of civil society. Against this backdrop, this doctoral research adopts an interdisciplinary approach, integrating Comparative Constitutional Law and Political Science to examine the role of constitutional courts in illiberal regimes, with a particular focus on Brazil. Its main objective is to formulate normative proposals for institutional design that incorporate the strategic behavior of the Supreme Federal Court (STF) while simultaneously curbing excesses resulting from its politicization. The relevance of this study becomes even more pronounced in light of the institutional tensions driven by the rise of bolsonarism, a context in which the strategic actions of the Court and the preservation of its autonomy have proven essential to the defense of Brazilian democracy. The analysis begins with a literature review on the legitimacy of constitutional adjudication, models of judicial behavior, and the conceptual and practical boundaries of illiberalism. It then moves toward a factual investigation of the responses of constitutional courts - and the Brazilian Supreme Federal Court (STF), in particular - to illiberal politics, which guides its secondary objectives. The intersection between theoretical frameworks and empirical methodologies provides a foundation for the development of normative proposals for constitutional design, while also opening avenues for future research on the challenges of judicial action under illiberal regimes. In this way, the study stands out by establishing theoretical and normative foundations to confront threats to democracy, both now and in the future.

This study examines the principle of ability to pay and the progressivity of the Individual Income Tax (IRPF) in Brazil, with emphasis on analyzing how constitutional choices are effectively implemented—or neglected—within the country’s current tax structure. Building on the concept of a “tax matrix” developed by Gassen, and drawing on theoretical frameworks such as Nagel and Murphy’s argument that rights exist only post-taxation, as well as Piketty’s assertion of taxation’s central role in driving inequality, the analysis incorporates empirical data from the Brazilian Federal Revenue Service. It concludes that the current model of personal income taxation contravenes constitutional mandates, resulting in a regressive system that violates the taxpayer’s ability to pay. Beyond identifying this constitutional nonconformity, the research highlights a significant lack of justification, objectivity, and technical criteria in the decision-making processes that shape the prevailing tax system. Seeking to overcome the overly abstract approach that often marks legal discourse, the thesis proposes a new IRPF model, grounded in choices that are justified according to parameters consistent with constitutional principles. With the support of mathematics, the work aims to give concrete expression to the principles of progressivity and ability to pay by designing a taxable income base aligned with these principles. The proposed model is then compared with the current framework and assessed in light of constitutional requirements, demonstrating that the new structure better fulfills the objectives set forth in the Brazilian Constitution. In conclusion, the study critically analyzes recent legislative proposals for IRPF reform and offers theoretical and practical tools to guide contemporary legal professionals in addressing the identified constitutional shortcomings.

THIS RESEARCH PROPOSAL WAS DRIVEN BY THE NEED TO SEEK ALTERNATIVE DISCIPLINARY MEASURES THAT HAVE AN EDUCATIONAL NATURE, AND TO THIS END, ALTERNATIVE JUSTICE GUISES ARE ADOPTED.

This thesis explores the legal foundations and effectiveness of the application of nonpecuniary administrative sanctions, focusing on the practices of the Brazilian authorities CADE, CVM, and ANPD. Adopting a theoretical-empirical approach, the study examines the centrality of directly holding offenders accountable as an essential element for the effectiveness of the sanctioning system. Starting from an analysis of the role of legal personality and the distinction between natural and legal persons, it explores how administrative liability regimes address individuals who typically occupy strategic positions within corporate decision-making structures and often benefit directly from unlawful conduct. Administrative sanctions are initially categorized into two broad groups – pecuniary and non-pecuniary – and, within the UNIVERSIDADE DE BRASÍLIA FACULDADE DE DIREITO PROGRAMA DE PÓS-GRADUAÇÃO EM DIREITO – MESTRADO E DOUTORADO 2 latter, further classified into reputational, prohibitive, and restrictive sanctions. The empirical analysis, based on sanctioning decisions, identifies patterns, gaps, and challenges in the application of these measures, with an emphasis on the lack of clear reasoning regarding the purpose and suitability of non-pecuniary sanctions. The findings reveal that, although there is a legal basis for imposing non-pecuniary sanctions, their use remains limited when compared to the centrality of fines and the frequent attribution of liability exclusively to legal entities. The thesis ultimately proposes regulatory alternatives to improve the sanctioning model, aiming for greater effectiveness, proportionality, and regulatory coherence in administrative enforcement, by reasserting the role of the individual offender as a responsible subject, rather than relying solely on the legal entity as an abstract construct.

This thesis investigated the application of Generative Artificial Intelligence (GAI), especially Large Language Models (LLMs), in supporting judicial decision-making, proposing an operational governance structure that integrates ethical and normative guidelines, theoretical foundations of law, and empirical field data. The research adopted a mixed methodology: qualitative (interviews with developers, internal users, and institutional collaborators) and quantitative (structured questionnaire for civil servants working in court offices and magistrates), organizing the findings around seven units of empirical analysis: familiarity, frequency of use, purposes, perception of risks and measures to mitigate them, transparency, quality of results, and training. It started from the observation that the digital transformation of the judiciary is not only technical, but also cultural and epistemic, implying changes in the structure of jurisdiction, in the standards of reasoning, and in the interactions between humans and machines. The thesis was structured in six chapters. The first presented the judicial process and decisions (including binding decision-making standards) from the perspective of interpretive rationality and legal language, articulated with a theoretical-normative triad based on Robert Alexy (validation), Ronald Dworkin (integrity), and Jürgen Habermas (quality of reasoning), refounded for the contemporary times of hyperconnectivity. The second dealt with the digital transformation of the judiciary and the emergence of so-called hybrid courts. The third chapter analyzed national and international ethical and normative guidelines, presenting twelve empirically tested hypotheses derived from conceptual bases previously formulated by the author. The fourth detailed the empirical methodology of the research. The fifth described the data collection and analysis process, with the concrete limitations encountered. The sixth presented the proposed operational framework, with practical recommendations for the safe and legitimate use of AI in courts. As a limitation, the study faced institutional obstacles to quantitative collection in some courts and difficulties in accessing key subjects in early-stage AI projects. The diversity of realities required methodological adaptations and reinforced the choice of qualitative analysis as the main axis of depth. The interviews were organized based on a matrix of convergences, similarities, and discursive divergences, respecting the local specificities of each court. The final model resulted in a proposal for a practical checklist aimed at three groups (internal users, institutions, and collaborating companies), with a view to ensuring the ethical, safe, and legally appropriate use of IAG in courts. Among the main partial conclusions, it was observed that there are significant institutional inequalities in the digital maturity of courts and in the levels of adherence to IAG solutions, with low standardization in development processes, a lack of systematic training, and overreliance on automated outputs without critical review. In contrast, good practices were identified, such as layered review, prompt engineering with discursive safeguards, on-site training strategies, and the formation of interdisciplinary teams. The importance of communicational engagement, internal transparency, and shared governance with collaborating companies was also revealed. The research reinforced that the use of these technologies should not replace the human deliberative process, but act as its Socratic opponent, promoting rationality, critical review, and responsible legal reasoning.

This thesis investigates the conditions under which the Federal Supreme Court has the role of exercising constitutionality control over court orders to suspend WhatsApp in Brazil, in the light of the theory of digital constitutionalism and in view of the regulatory options for this public policy issue, which has seen the maintenance of end-to-end encryption technology in instant messaging applications opposed to the delivery of chat content to public authorities in order to assist criminal investigations. First, the systematization of knowledge about how the Constitutional Court produces its decisions in relation to the challenges arising from digital information and communication technologies presents the historical perspective of the information society and the ideology of digital constitutionalism as theoretical tools, in order to observe the conceptual panorama of so-called digital law. Next, the analysis takes as its object of study the in-depth observation of the Court's jurisprudence on a wide selection of digital law issues submitted to constitutionality control by the STF, both diffuse and concentrated. It then explains the basic concepts of encryption and the complex legal debate surrounding this technology, and goes on to describe ADPF 403 and ADI 5527 in detail, from the previous blockades of other Internet applications, through the four orders to block WhatsApp and up to the votes already cast by Justice Edson Fachin and Justice Rosa Weber. In the end, four main conclusions are consolidated: the concept of digital law, the relevance of Digital Constitutionalism, the normative instability regarding encryption and the expectations for the judgment of ADPF 403 and ADI 5527 by the STF, distinguishing the hypothesis of a breach of strong encryption from the other situations underlying judicial blocking orders.

Tobacco consumption is the main preventable cause of serious illness worldwide. The text analyzes tobacco consumption in Brazil and proposes an optimal tax matrix for cigarettes, considering the period from 2008 to 2019, based on concepts of extrafiscality and optimal taxation. The qualitative-quantitative study and integrative review used a hypothetical-deductive approach to examine the Laffer Curve and Multiobjective Optimization, with the aim of contributing to the National Tobacco Control Policy (PNCT), which aims to reduce the number of smokers and their effects on health. To this end, the research compiled secondary data from various sources for the period 2008 to 2019, including PETab 2008, PNS 2019, Vigitel Brazil 2006-2023, Estimativa 2023, Instituto de Efectividad Clínica y Sanitaria, Knust et al. ETCO, as well as information from Inca and other relevant data. The analysis indicates that the implementation of minimum prices, the adoption of differentiated rates and taxation on manufacturers' profits are potentially effective strategies for reducing cigarette consumption. Despite the stability of demand, elements such as switching to other products and illegal trade affect the way consumers respond to price changes. In addition, taxation and economic regulation favor public health, increase government revenues and have a positive impact on the tobacco industry.

The management plan as fulfillment of a constitutional duty of special environmental protection. To comply with the Constitution, ICMBio creates autonomous legal rules. The ability to innovate in the legal order arises from the need for specific protection. The ability to create standards appears as a requirement to reach the final objective.

This thesis aims to understand how the experience of racial quotas has unfolded in a highly selective course at the University of Brasília (UnB), highlighting how students' perspectives can contribute to rethinking the relationships, movements, and mobilizations within this space both physical and academic, encompassing teaching, learning, research, and community outreach. It also seeks to assess whether the identity of the Law School at UnB (FD/UnB) aligns with a model of legal education required in the 21st century, one that fosters new educational paradigms in a decolonized/post-colonial world where legal professionals must possess a solid understanding of the mechanisms that reproduce inequality and maintain hierarchies. In this context, the thesis considers the potential incorporation of emerging topics and new content, aiming to build or open a more critical path for legal education.

The research addresses the following problem: How does the presence of Black quota students resonate within the academic environment of the FD/UnB? The research objectives are: a) to stimulate debate around the experience of racial quota policies and their impact on FD/UnB, b) to discuss whether this policy has contributed to consolidating the racial debate, c) rescue the student perspective of quota students in relation to the pedagogies of learning and teaching Law, and d) to understand both student and pedagogical perspectives in light of the transformation in higher education driven by affirmative actions.

This study uses a qualitative, empirical, and interdisciplinary approach, employing standardized interviews, fieldwork observations, and document analysis as data collection methods. The findings reveal that these students brought to FD/UnB - something it previously lacked - a black presence expressed through body, experience, and consciousness, along with their perspectives, languages, organizations, narratives, and epistemologies capable of producing counter-hegemonic knowledge and sharing distinct understandings. And, going further, they contribute to consolidating fundamental perspectives in favor of a learning community that aims to train professionals capable of entering the country's justice system. In doing so, they challenge the abstract and homogeneous conception of the student body at UnB, advocate for alternative meanings of the university, build collective empowerment strategies, share demands, develop agendas, pursue critical racial literacy, and reflect on a vision of law that transcends dogmatism and colonial logic.

 The recognition of rights for Indigenous peoples in the 1988 Federal Constitution changed the paradigm of how Indigenous subjects are conceived, imposing on the Brazilian State the duty to protect and promote these rights. By innovating, the Constitution broke with a history of invisibility by recognizing a new subject: the Indigenous person. It established that the State should not only recognize their social organization, languages, customs, beliefs, and traditions, along with the right to territory, to differentiated education with the use of native languages, and the possibility of taking legal action collectively to defend their rights, but also obliged the State to ensure and implement these rights. Considering the Indigenous rights enshrined in the 1988 Constitution, this work discusses the recognition of Indigenous ethnic identity and access to justice. The central problem of this thesis is to understand how the State, through the Judiciary, recognizes the ethnic identity of Indigenous individuals during criminal proceedings. The objectives of this thesis are: to analyze, in judicial practice, how Indigenous rights are applied during criminal proceedings; to investigate lawsuits in which Xavante Indigenous people are accused of crimes against the National Institute of Social Security (INSS); and to assess which conception of Indigenous identity prevails, as well as to understand how this conception connects to the availability of access to justice. This study adopts a critical analysis of ethnic identity in judicial proceedings in which Xavante individuals are defendants, especially in cases involving social security fraud. The selection of the Federal Judicial Subsection of Barra do Garças-MT is justified by its position as a regional center, attracting Xavante people seeking access to public goods and services 

to a greater extent than in other municipalities in the region, as well as by its jurisdiction over Xavante territory—a people whose history of resistance is linked to the conquest of rights and the preservation of their culture. The methodology used is document ethnography, analyzing laws, resolutions from the state agencies involved in the study, and criminal cases involving Xavante individuals accused of crimes against federal public agencies, as well as the judicial proceedings processed in the Federal Court of Barra do Garças-MT. The cases were selected by identifying individual demands of Xavante people at the Federal Regional Court of the 1st Region, cross-referenced with data provided by the Federal Justice Subsection's administration, and through internal system and website searches, using the “major fraud” filter. Legal practice does not comply with specific legal provisions, such as the rules of the CNJ resolutions. In the cases examined, there is no mention of culture or identity, and the idea of the “Indian” represented by FUNAI persists, indicating the maintenance of the tutelary regime. The Indigenous subject is treated as if they were a non-Indigenous person, considered assimilated due to the absence of any reference to ethnic identity. Even in the rare instances where there is mention of Indigenous status or where the defense invokes ethnic identity based on CNJ Resolution 287, such claims are denied on the grounds that the individual speaks Portuguese and holds a public position, thus regarding the Indigenous as assimilated and, therefore, ineligible for the legal protections specific to Indigenous peoples. Ignorance of the institutional functions related to Indigenous rights, the omission or denial of these rights, and the generic treatment of Xavante individuals—without considering their ethnic identity—perpetuate the colonial project of erasing Indigenous identities in Brazil, resulting in the continued attempt to transform Indigenous people into assimilated or “disappeared” Brazilians within the national collective.

The right to sanitation is about much more than just clean water and treated sewage. It plays a fundamental role in women’s health, well-being and dignity. However, lack of access to adequate sanitation services disproportionately affects women, creating gender inequalities that manifest themselves in a variety of ways. A gender analysis of sanitation is essential to understanding and addressing these inequalities. By considering women’s specific needs and experiences, we can create more effective and equitable sanitation solutions

Nowadays, almost all Constitutions adopt presidential term limits. There are plenty of detailed and well-elaborated works that examine this phenomenon. However, few studies (if any) aim to make an analysis of the legitimacy of presidential term limits evasions. That is the purpose of this work: to demonstrate that, in order to fully comprehend, analyze, investigate, or take a position on the legitimacy of a presidential term limits evasion, it is necessary to consider three different concepts of legitimacy: legal, sociological, and moral (or democratic). Some presidential term limits evasions may be legally illegitimate but sociologically legitimate, for instance. Others may be legally and sociologically legitimate, but immoral (or undemocratic). Building on these concepts, I propose a framework that serves to evaluate the legitimacy of various political acts, including constitutional changes and constitution-making. Drawing on selected cases involving presidential term limits evasions, I step into a blurry terrain that considers the possibility that, under specific and exceptional circumstances, it may be democratic to break the law. I explain why exploring such a controversial terrain is sometimes necessary.

This dissertation aims to conceptualize and substantiate the unlawful practice of judicial regulatory abuse, understood as the issuance of court decisions with regulatory effects that, by violating the principle of proportionality, impose undue restrictions on free enterprise or other fundamental rights. It adopts a theoretical and doctrinal approach, developing conceptual and legal criteria to identify such abuse, without resorting to empirical methods or case-by-case analysis. The study traces the evolution of economic regulation, contrasts competing theoretical paradigms of how markets function, and examines the contemporary phenomenon of regulation through litigation, by which the judiciary assumes normative functions functionally equivalent to those of regulatory agencies. It argues that, especially after the Economic Freedom Law, the tests of suitability, necessity, and strict proportionality must guide any judicial intervention with regulatory effects. It concludes that recognizing and controlling judicial regulatory abuse is essential to preserve the legitimacy of state intervention in the economic order within constitutional limits, offering a conceptual contribution capable of guiding future analyses and practice in Brazilian law.

This research explores the intersection of Law and Economics. The former, grounded in the rigidity of legal norms, principles, values, customs, traditions, and culture. The latter, rooted in the principles of exact sciences, calculations, free competition aimed at economic growth, and market rules that seek to maximize results. Against this backdrop, the study addresses a central question: Can the evident dependence of the Brazilian productive and technological park – demonstrated by the excessive importation of finished products and technologies – lead to their dismantling in the medium and long term? Furthermore, what legal mechanisms could be employed to protect the national productive and technological sectors while establishing regulatory frameworks to counterbalance the unrestricted freedom of markets? To address these inquiries, this study proposes a theoretical framework that integrates law and economics, aiming to establish a link between excessive imports of technological goods and services and the existence of an industrial park operating with outdated machinery, high energy consumption, and low productivity. This scenario is further aggravated by economic policies that overlook existing fundamental rights, and fail to prioritize the development of public policies that would provide basic infrastructure necessary to strengthen the national industry. Additionally, the study highlights the misleading sense of comfort derived from trade balance surpluses sustained by the export of large volumes of primary products in the form of commodities, mostly with low added value and predominantly originating from the agricultural sector. The study concludes by advocating for the strategic application of legal instruments – particularly within the domains of tax law, financial law, and constitutional law – as essential tools for reinforcing the national industrial base and mitigating dependence on imported high-value-added products.

The legal comparison among BRICS (Brazil, Russia, India, China, South Africa) countries is justified by the prominent role they play on the global stage, particularly in demographic and economic terms, as well as by the fact that they are nations with advanced legislation and, in some cases, incisive judicial decisions on abortion. Accordingly, this thesis addresses as its central problem the understanding of how BRICS countries approach abortion from both legal and jurisprudential perspectives. It argues that the BRICS alliance can serve as a catalytic instrument for promoting women’s fundamental rights, especially regarding the right to abortion, thereby contributing to new interpretative pathways and to the expansion of the empirical repertoire within the field of comparative constitutional law from a Global South perspective. The research is situated within the domain of comparative constitutional law, has a descriptive and empirical character, and is based on the small-N research technique, involving a limited number of cases, focusing on the analysis of decisions from constitutional courts and political bodies, with special attention to the Chinese context.

This paper investigates which antitrust regulatory strategies can be implemented to control the market power of large digital platforms in Brazil. The analysis starts from the observation that the national debate on the topic has developed based on foreign experiences — especially the European model of the Digital Markets Act (DMA) — without an in-depth assessment of its suitability to Brazilian legal, economic, and institutional specificities. The aim is to understand the conceptual and structural bases of these experiences and propose paths for a national regulatory model adapted to the local context. To this end, the functioning of digital ecosystems, the limitations of traditional antitrust approaches, and international regulatory experiences, with an emphasis on the European model, are examined. The characteristics of the Brazilian context are also analyzed, considering the role of the Administrative Council for Economic Defense (Cade), sectoral experiences with data portability and interoperability—notably in the telecommunications and financial sectors—and pending legislative proposals dealing with the regulation of digital platforms, both centralized and decentralized models. Thus, initially, analytical categories are presented to understand the different dimensions of the economic power of digital platforms—informational, media, political, and structural—which show how this power goes beyond the competitive dimension and impacts consumer autonomy, the formation of public opinion, and the democratic structure itself. Next, categories aimed at designing regulatory solutions are formulated: (a) regulatory asymmetry; (b) incorporation of new values into antitrust analysis; (c) definition of the regulatory design — “principle based” or “rules-based”; and (d) flexibility and use of new regulatory tools. Based on these two dimensions, the research identifies legal and institutional conditions that may enable the adoption of regulatory strategies aimed at controlling the market power of large digital platforms in Brazil.

The research examines the relationship between transitional justice and the citizenship of lesbian, gay, bisexual, trans, queer, intersex, and asexual (LGBTQIA+) individuals in Brazil. It seeks to determine whether, and in what ways, the transitional justice process has affected LGBTQIA+ citizenship, considering that the fundamental rights recognized to date are largely the result of judicial decisions, particularly those of the Federal Supreme Court. The guiding research question is: from a “bottom-up” transitional justice perspective, to what extent does the Brazilian experience allow for an understanding of transitional justice as it relates to LGBTQIA+ individuals? Drawing on Michel Foucault as a theoretical reference and on “bottom-up” transitional justice frameworks, the central hypothesis advanced is that traditional transitional justice mechanisms did not fully acknowledge as victims those individuals persecuted by the military dictatorship due to their dissident sexualities and gender identities. This omission directly hindered the democratic consolidation of fundamental rights for the LGBTQIA+ population and, consequently, resulted in a condition of “precarious citizenship.” The general objective is to understand, through the Brazilian experience, the challenges and potential of transitional justice for LGBTQIA+ people so as to contribute to overcoming subalternity and ensuring this group’s fundamental rights and freedoms. Methodologically, the study adopts a qualitative approach grounded in transdisciplinary dialogue across the fields of Law, Political Science, and History. It is applied in nature, exploratory in its objectives, and relies on bibliographic and documentary research as its primary technical procedures. The study concludes that the traditional transitional justice model implemented in Brazil—albeit in a limited and deficient manner—failed to account for the human rights violations committed against sexual and gender dissidents. This contributed to legislative orphanhood and to the precariousness of judicial decisions that have sought to guarantee rights to the LGBTQIA+ population. Nevertheless, recent developments in the field, particularly the collective political amnesty initiative and the Working Group established to investigate human rights violations against LGBTQIA+ individuals, indicate promising paths for deepening the rights achieved thus far and advancing the redress of past injustices beyond the conventional boundaries of transitional justice.

This thesis investigates the effects of algorithmic racism on Black enterprises in Brazil, especially regarding access to credit, starting from the central problem: Given the increasing use of algorithms and automated systems in credit evaluation, how do these systems negatively impact Black enterprises in Brazil, hindering access to credit and perpetuating structural racism? This question guides the analysis of the dynamics of racial exclusion embedded in automated decision-making systems, in dialogue with current literature, including the contributions of Tarcízio Silva, Ruha Benjamin, Safiya Noble, Virginia Eubanks, and national research such as those developed by FGV. To address the problem, a theoretical research methodology was adopted, based on bibliographic review and critical analysis of books, scientific articles, and institutional reports. This approach made it possible to examine algorithmic racism as a contemporary form of structural racism, articulating it with the Brazilian reality of Black enterprises. The theoretical investigation also enabled the establishment of connections between financial institutions, law, and race relations, building an unprecedented intersection that reveals how automated credit scoring systems can reinforce historical inequalities.As a result, the thesis achieves a significant degree of originality, offering not only academic contributions but also practical inputs for public policies, regulatory strategies, and institutional actions aimed at democratizing credit and promoting racial justice. In conclusion, the thesis proposes political and regulatory strategies to confront algorithmic racism in Brazil, including algorithm transparency and auditability, public policies for financial inclusion, and the construction of fairer data models. The study highlights that combating algorithmic racism is essential to democratize credit and strengthen a plural and inclusive economic development.

This study analyzes the reconfiguration of the financing of Brazilian prison policy through new inter-institutional and economic arrangements, based on the unblocking and changes in the revenues of the National Penitentiary Fund (FUNPEN). Drawing on the framework of the Critique of the Political Economy of Punishment and the "punitive turn" in punishment patterns, the study relies on the hypothesis that the ADPF 347/DF decision—situated within a scenario of deepening Economic Emergency State—by determining the release of resources and prohibiting new budget freezes to address the "Unconstitutional State of Affairs," paradoxically enabled the expansion of punishment markets and instituted a new governance rationality in penal financing. The methodology employs an approach that groups distinct research strategies: (1) bibliographic review; (2) documentary analysis, involving legislation, financial reports, and funding guidelines from development banks, audits from the Federal Court of Accounts (TCU) and the Office of the Comptroller General (CGU), as well as technical notes from SENAPPEN; and (3) qualitative field research, comprising semi-structured interviews with public managers (federal and state) and representatives of development banks and the National Council of Justice (CNJ), combined with participant observation at the "2nd High Management Meeting on Penal Policies." It is demonstrated that the drainage of FUNPEN revenues, associated with a set of political, legal, and fiscal factors, has shifted the centrality of public investment toward private financing mechanisms and partnerships with the private sector, such as co-management and, especially, Public-Private Partnerships (PPPs). These are driven by the inclusion of prison infrastructure in the Investment Partnerships Program (PPI), under the legitimation of discourses on efficiency and humanization. The study identifies the emergence of new actors, such as the BNDES and the IDB, in the structuring of prison infrastructure projects, as well as the use of complex financial instruments, such as revolving funds and incentivized debentures. It is concluded that these new arrangements represent a prison-industrial-financial complex in Brazil, still in an embryonic stage, wherein the State acts as a risk guarantor for private capital and reaffirms the historical pattern of investments in the expansion of incarceration.

The Brazilian Supreme Court and its justices have been at the center of the most important national political discussions in the last decade. Based on this diagnosis highlighted by specialized literature, this work proposes to analyze the Presidency of the Brazilian Supreme Court – a centralized individual actor – as a specific actor in this concert between the powers of the Republic, its relations with others justices and with society. To achieve this aim, interviews were carried out with people who worked with the Chief Justice between the years 2001-2023.

It was possible to reach the conclusion that the use of regulatory powers and competencies by the Presidency of the Brazilian Supreme Court presents a certain discretion, insofar as it is subject to the individual styles, inclinations, strategies, trajectories, postures and cautions (or boldness) of the chief of justice who occupies the main chair of the Judiciary. Just like in a jazz band, where the rhythm is dictated by improvisation and non-linear rhythm, the Chief of Justice of the Brazilian Supreme Court, depending on the justice who occupies it, presents a more measured or more improvised rhythm. Depending on the mood and personal experience of the band leader (chief of justice), interactions with fellow musicians (associate justices), or even members of the public (actors of the Executive and Legislate powers, press and society), a jazz performer or musician can change melodies, harmonies or time signatures however you see fit.

The research describes conflict management processes involving traditional communities within administrative procedures and civil investigations conducted by the Office of the Federal Public Ministry in the Federal District (PRDF). Reflecting on the realization of citizenship rights in Brazil, focusing on demands of indigenous peoples and Roma, I propose an investigation through the legal anthropology, a field of study that theoretically addresses the effective implementation of rights in depth. The anthropological approach of the research leads to an investigation of the symbolic representations of social life, the dimension of lived experience, and fairness for those involved - hence the indispensability of fieldwork. Building upon the existing work within Brazilian legal anthropology concerning citizenship rights (particularly encompassing categories of discursive exclusion, vulnerability, guardianship, and arbitrariness in state practices), and reflections on the demands of traditional populations today, I examine the actions of the Federal Public Ministry, focusing on two cases under review at PRDF within the context of collective guardianship, a native category referring to the agency's involvement in collective rights. One case involves a lawsuit filed by the Federal Public Ministry recognizing an area, the Sacred Sanctuary of the Pajés, in Brasília/DF, as indigenous land; the other examines the impact on the rights of a Roma community in the Federal District following the allegedly unjust imprisonment of their leader. The analysis of the Federal Public Ministry's involvement sheds light on the tutelary characteristic of its actions, grounded both in the idea of vulnerability, which underpins the institutional function of the agency, and paradoxically, in the discourse of respecting the viewpoints of those involved, a stance challenged by the agency of the communities. This dynamic, marked by the dissonance between discourse and institutional practice of the Federal Public Ministry, results in processes of discursive exclusion and inclusion of traditional communities throughout the conflict management process. The field findings also indicate the possibility of analyzing these conflict management processes from a Maussian perspective of the gift, as opposed to a utilitarian perspective. The perspective of the gift effectively highlights what is at stake in these procedures, involving demands for material interest, but also, and strongly, demands for recognition. Thus, an analysis of rights enforcement through the lens of the gift is suggested, which, without ignoring the importance of material provisions, allows for a deeper understanding of what occurs in conflict management processes, aiming for the realization of rights.

The advent of the internet around the world brought with it a wide diversity of entrepreneurship possibilities. If commercial exchanges of products and services previouslydependedalmostexclusivelyonface-to-face interactionsbetweensuppliers andconsumers,mobiledevicesconnectedtotheworldwidewebfavorthecelebrationof businessopportunitiesbetweenparties locatedevenkilometersawayfromeachother. Theeaseof communication,aswell as instantaccess toinformation,makeitpossible forentrepreneursanddevelopersaroundtheglobetobecomeawareof theneedsand complaintsofdifferentconsumerprofiles, facilitatingthedevelopmentofbusinessesthat meet exactly themappeddemands. It isprecisely in thisscenario that theso-called sharing economy is developing. A field of the digital economy inwhich disruptive startups operateandwhich ismainlyknown for theoffer of innovativeproductsand services tothegeneralpublic.Despitethebenefitsbroughtbynewbusinessmodelsto the Brazilian economy, obsolete regulations impose obstacles to the operations of companiesthat,notoperatingwithinascopeof illegality,expandtheoptionsofproducts availabletoconsumers.Withthisscenarioasabackdrop, thisworkusesthecasestudy methodology to analyze the characteristics of the road transport by charter under collaboration in interstateroadpassenger transport-TRIP. It isanalyzed, inlightof the Constitutionof theFederativeRepublic of Brazil of 1988and theLawofEconomic Freedom(Lawnº 13,879, ofOctober3,2019), the legal-constitutional contoursof the "closedcircuit" ruleestablishedby theNationalAgencyofLandTransport-ANTTon TRIPundercharter. Intheend,basedonthe legislationunderdiscussionandalsoon jurisprudential understandings of the Federal SupremeCourt in similar cases, it is concluded that the closed circuit is incompatiblewith thenational legal systemand posesathreat tothefreedomof initiativeinBrazil.

There is a regime of suspicion directed at victims of sexual violence, who are often portrayed as liars, vindictive and malicious, based on gender stereotypes and discriminatory myths. Some of them are blamed for the violence they suffered, which, if taken to extremes, can transform them from victims to defendants. In this context, the objective of this dissertation was to analyze and understand the ways in which women who report rape to the criminal justice system eventually face criminal prosecution due to Denunciação Caluniosa (art. 339 of the Penal Code). To this end, I conducted a qualitative content analysis of 62 judgements issued by the Court of Justice of the State of São Paulo. The analysis was approached from epistemological perspectives that explore the potential dialogues and intersections between critical criminology and black and decolonial feminisms.. One of the most notable findings is the relationship between those involved in the reported rapes: the vast majority occurred in the context of domestic and family violence, particularly between intimate partners. I discuss the similarities and distinctions between sexual criminal law and the Maria da Penha Law, in legislation, criminal prosecution and in research, along with the harmful consequences of this fragmentation. It was also apparent that in nearly all judgements, the prosecution for Denunciação Caluniosa involved “retractions” of prior allegations: the women in question either expressed their desire to avoid or halt criminal proceedings against the accused, or declared she had lied in her previous report. These “retractions” were interpreted as confessions, and almost instantly the system shifted their status from victims to defendants, considering their testimony as the primary or sole evidence of their criminal conduct. An additional pattern noted was the systematic violation of multiple fundamental rights and criminal procedure guarantees, coupled with the predominance of precarious and pro bono legal representation. I conclude that, although it is not possible to determine, through reading the documents, who lied and who told the truth, it is reasonable to infer that some of them were indeed victims of rape. The others, despite having lied, found themselves in a position of social vulnerability and faced prosecution in disregard of their fundamental constitutional rights. In this context, I argue that the criminalization of victims of rape or domestic violence due to false accusations is detrimental to all parties involved: the justice system, the survivors, and the individuals wrongfully accused. I then present a hypothesis that needs further investigation: that women who report gender-based violence are frequently accused of this crime, which constitutes an instrument of retaliation, intimidation, and silencing. Furthermore, I contend that the situations under analysis transcend the concepts of "revictimization" or “secondary victimization”; instead, they represent severe gender violence perpetrated by the State, both through its actions and omissions, that are substantial enough to be considered primary rather than secondary. In conclusion, I emphasize the need for additional research on this subject, highlighting the importance of bringing this issue to the forefront of discussions about violence against women to ensure that their rights, whether as survivors or accused, are properly respected.

The extremely high number of people incarcerated in Brazil is a constant focus of the Judiciary, which sees in Penal Alternatives, among other things, the possibility of reducing prison overcrowding. The Provision of Free Services to the Community (PSC) has been widely used and has advantageous characteristics in its execution, which occurs in partner entities of the justice system. The aim of this research was to evaluate whether the principles established for monitoring the execution of the PSC in partner institutions are being followed. To this end, it was necessary to explain the legislation on criminal alternatives and the current institutional policy for its execution in Brazil, as well as describe the methodology for implementing the provision of free services to the community in Macapá, State of Amapá. Thus, it was possible to clarify the importance of the partner entity for the possible achievement of the person's resocialization as an alternative through compliance with the PSC. The study is a bibliographic and documentary research, whose period, focused from 2017 to June 2023. The results obtained demonstrated the necessity of co-responsibility between the Sentence Execution and Alternative Measures Court, and the Partnership Network institutional has promoted the execution of the PSC within the definitions described in the current Management Manual for Penal Alternatives. However, it is important that the public facilities responsible for implementing, criminal alternatives can receive financial and human investments to improve this work. The PSC, being carried out in line with the precepts dictated by the criminal legal system in the partner Network, is capable of promoting the resocialization of the criminal agent, while at the same time helping to reduce the country's prison population.

On the topic of social movements, guaranteeing rights and applying consensual methods, the focus of this research is to demonstrate the possibility of entry for people with disabilities - PwDs into Judicial Conflict Resolution Centers - CEJUSCs with differentiated service. The problem to be highlighted is that the lack of qualified acceptance of the demands of this group, combined with the difficulties in accessing justice, highlight disagreements of all kinds (individual and collective). Starting from the hypothesis of creating a Conciliation Center for this public, the general objective was to investigate how the potential of the CEJUSCs of the Court of Justice of the State of Amapá provide the provision of specific services to resolve PwD conflicts (social and human rights). The focal point is to highlight the disputes that this universe reveals and how they are viewed by the Judiciary. The methodology adopted was descriptive in terms of objectives, as it sought to describe and analyze the characteristics that cover the reality of PwD, the assistance in the judiciary necessary to protect their rights, based on qualitative and quantitative data. As for procedures, it is aimed at bibliographic and documentary research, due to the use of scientific productions (books, articles and others) to support the study, in addition to the handling of relevant documents and legislation. Based on the regulations on conflict resolution methods, the evolution of the rights of people with disabilities, the social movements from which they came, the assumptions brought by the Theory of Right Found on the Street and its implementation, through practices suited to the real care of PwDs, manifested in the attributes and specialties of CEJUSCs, according to the most necessary demands, then mapped by the State Council for the Rights of Persons with Disabilities of the State of Amapá – CONDEAP; the work demonstrates the feasibility of implementing CEJUSC PcD in the State of Amapá, revealing the initiative to be socially, educationally and legally important, because it can serve as a model of adequate treatment of this public for the other Courts of Justice in the country.

This work aims to analyze the UK’s new regulation of internet content moderation, the Online Safety Act 2023 (OSA). To better understand the regulatory choices adopted in the OSA, an analysis of the history of internet regulation in the UK, its strategy of global leadership in online safety (Global Britain in a Competitive Age) and the role of Brexit in the elaboration of the OSA are also undertaken. The scope of the analysis does not seek to assess the new regulation’s potential for success. Instead, it proposes a critical study of the OSA as a political tool of the British government in its aim of reclaiming sovereignty in cyberspace. This is a work of qualitative research, conducted within the Graduate Program in Law of the University of Brasília as part of the research line entitled 'Transformations in Social and Economic Order and Regulation', specialism 'Social Regulation and Public Policies in Education, Science, Technology, and Innovation'. It is associated with the Jean Monnet Excellency Center in Digital Citizenship and Technological Sustainability. The research departs from the premise that the OSA represents a reaction by the rational State against its loss of power over public interest space. Within such context, the new law emerges as a change of paradigm in state regulation, allowing British Administration a greater command over the agency of transnational players through indirect regulation, onerous pecuniary sanctions, and a withdrawal from Court jurisdictions. Given that its extensive dimensions prevent its full exploration in the space of this dissertation, I focus on the duties of care, duties of transparency, the powers afforded to the regulatory authority (the OFCOM), and the possibility of platform accountability in the case of illegal or harmful content circulation. The specific characteristics of the OSA are hence explored through such framework, revealing its systemic approach, its proximity with Administrative Law, and its central tenet of facing cyberspace eminently as a public space. The theoretical contributions of Lawrence Lessig, Evelyn Douek, Paul Schiff Berman, Mike Feintuck, and Vili Lehdonvirta support the entirety of the critical analysis hereby advanced.

The present research aims to identify which aspects of enforced self-regulation can be verified or adopted in the regulation of Brazilian organized port concessions and which assumptions thereof relate to the regulation to be established for port concessions. To this end, the research will analyze the international experience, the institutional context of the port sector and the norms that regulate the sector. It will address the characterizing elements of enforced self-regulation, where the theoretical assumptions and essential elements of the theory will be established. Also, the main entities participating in the regulation of the sector will be identified, considering the competencies attributed to each of these actors, particularly the nature of organized ports, the role of the port authority, and how the provided services subject to concession are defined and charged. An analysis of the regulatory structure for the concession of organized ports will be conducted, seeking to identify typical elements for the adoption of enforced self-regulation. Finally, the research will attempt to ascertain a possible relationship with the assumptions of enforced self-regulation from the theory of responsive regulation, to determine whether it is possible to adopt these assumptions in the concessions of organized ports; how their application could contribute to the sector; or whether, considering the sectoral context, the adoption of enforced self-regulation in the regulation of port sector concessions would be unfeasible.

This research has as its object of analysis the National Bank of Genetic Profiles (BNPG) and the construction of the genetic-criminal identities of convicted and investigated people. Thus, we started from a bibliographic review and a document analysis in order to, with the help of the epistemological basis of critical criminologies and foucauldian categories, observe whether there would be production or amplification of processes of discrimination and stigmatization of people subjected to genetic identification. Therefore, we present a preliminary discussion on identification and its development throughout criminological histories, situating it as a tool for the biopolitical management of bodies and populations, from positivism to actuarialism, as well as observing its function from the analytical point of colonial processes of creation of racial difference. In addition, we deal with the phenomenological factors that link management and surveillance technologies, such as the myth of technical-scientific neutrality, as well as observe how the determinations of the regimes of visibility, transparency, opacity and illegibility act in the instrumentalization of such techniques of social control. With this in mind, we exposed the dynamics that shaped the consolidation of genetic-criminal identification in 1 Brazil through the BNPG, pointing out its constitutional, bioethical, and criminological controversies. Finally, we carried out, through the elements brought by the literature review, the analysis of some documents that make up the regulatory structure of the BNPG, in order to verify how personal identification data are or can be instrumentalized in order to generate violations of fundamental rights and contribute to the dynamics of selectivity in the punitive system.

The main goal of this dissertation is to analyze Sweden's feminist foreign policy based on Afro- diasporic authors of the US and Latin American black feminism, such as Angela Davis, Patrícia Hill Collins, Lélia Gonzalez, Sueli Carneiro, Ana Flauzina and Thula Rafaela Pires. Based on the methodological question, “what contributions can black feminism make to the debate on feminist foreign policy?”, we adopted as the focus of analysis Sweden’s role as a non-permanent member of the UN Security Council (UNSC), between 2017 and 2018. This study was carried out in the form of an exploratory research, whose main methodology used was content analysis of official papers published by the Swedish government and the UNSC, that is, secondary data sources. Throughout the research, it was observed that the Women, Peace and Security Agenda (WPS) was the main focus of Sweden's feminist foreign policy within the Council, and this agenda also influenced the elaboration of Sweden's own feminist foreign policy, then nascent. Therefore, it also proved to be necessary to undertake an analysis of this agenda. Due to the fa ct that the UN Security Council is a very particular environment, with its unique operating logic and working methods, it was crucial, in the first chapter, before undertaking the analysis of the selected  documents, to critically present the Security Council, emphasizing the possibilities and limits of this institution to advance a feminist agenda. To answer the methodological question, two major theoretical frameworks were mobilized in this study, the political-cultural category of Amefricanity, as formulated by Lélia Gonzalez (2020) and the concept of penal abolitionism, as thought by Angela Davis (2023, 2003). At the end of the dissertation, we came to the conclusion that black feminism, in general, and the concept of Amefricanity, in particular, contributes to the problematization of the universal and hegemonic concept of “woman” and, in doing so, denounces racism inherent in this universal formulation; for the reframing of sexual violence against women, during occupation processes and in militarized environments; for criticizing the association commonly made between militarism and masculinity. Finally, th e WPS Agenda's focus on the criminal justice system was analyzed through the lens of abolitionism. It was concluded that the current approach is inadequate, as punitivism feeds back on militarism, as well as reaffirms, recreates and legitimizes racism and sexism. Finally, given the persistent difficulties in the Security Council's working methods, related to the lack of transparency and democracy, we argue that, for these proposed epistemological turns to occur, other spaces of dialogue and debate must be fostered.

The implementation of electronic judicial systems plays an important role in the modernization and efficiency of the legal system. In the border region of Oiapoque, this transition to technology not only reflects an evolution in the way justice is administered, but also has significant implications for access to justice for citizens. The objective of this work is to analyze and understand the impacts of the implementation of electronic judicial systems in the border region of Oiapoque, focusing especially on access to justice. The present study used bibliographic research as a fundamental method for data acquisition, using the exploration of databases that house a vast amount of research and literature related to the research topic. Bibliographic research is a valuable tool that allows access to publicly accessible academic studies, covering sources such as books, articles, theses, monographs, among other resources. The implementation of electronic judicial systems in the border region of Oiapoque represents a significant advance in access to justice. Throughout this work, we explore how the introduction of these technologies has positively impacted the efficiency and effectiveness of the judicial system in that specific geographic area. The use of electronic systems contributes to the speed of legal proceedings. The digitization of documents and procedures significantly reduces the time needed to process cases, allowing a faster response to citizens' demands. This agility is particularly relevant in a border region, where judicial needs can be diverse and complex.

This dissertation addresses gun control in Brazil, based on established rules and authorities vested with power, such as the Army and the Federal Police. The two institutions have a culture of secrecy in common, which compromises transparency and accountability to society. From the perspective of critical criminology, we explore loopholes in oversight, which lead to state capture and, ultimately, corruption. We evaluate actors involved in decision-making processes, both in the public and private sectors. We highlight the political influence on these military and police agencies, which, historically, regulate important aspects of social life, especially in authoritarian periods of Brazilian history. The research identified weaknesses in the weapons inspection of the two corporations, most strikingly in the case of the military, but no less important among federal police officers, given the ease of capture by members of the central government itself and corporate lobbyists. 

This study analyses the adequate representation of absent litigants as an requirement for access to justice in the formation of binding precedents in the Brazilian Superior Court of Justice, considering that, when certain subject is indicated for judgment under the system of repetitive appeals, only the parties involved in the representative cases of the controversy are authorized to present 

their arguments before the Court. The repetitive subject establishes a necessary dialogue between the adoption of a precedent system in Brazil and the impact of this new procedural paradigm on the constitucional guarantee of access to justice, here examined from different perspectives - not only within the context of the entry-permanence-exit triad of the Judiciary -, with the promise of equality of arms as a safeguard for the effectiveness of rights. In this scenario, it is assessed whether the existing mechanisms for selecting representative cases of controversy and the adoption of instruments of social participation, such as the admission of amicus curiae and the holding of public hearings, are capable of compensating for or, at least, mitigating the absence of direct participation by absent litigants, due to the stay of proceedings or others appeals with direct interest in the judgment of the repetitive appeal, whose thesis will be applied to all of them. Finally, based on the diagnosis reached, the introduction of measures is suggested that may assist the Court in universalizing access to justice, through better utilization of instruments of democratic participation in the process, aligning this work with the research project "Universalization of access to justice through the democratic practice of participation and expression of the other's perspective", authored by the Professor Doctor Daniela Marques de Moraes.

The objective of this research is to point out, from the perspective of the Legal Analysis of Economic Policy, what would be the legal-institutional design that the Real Digital should have to better promote the structuring of the material basis for the effectiveness of subjective rights, as well as what transformations would more appropriately serve the purpose of promoting the increase in economic equity, with a view to discussing positions on the creation of a Central Bank Digital Currency (CBDC) in Brazil, in the way the Central Bank of Brazil presented the policy, critically evaluating the option on the legal-institutional formatting of a CBDC in Brazil. It is concluded that, considering the legal and political desiderata relating to the need to promote the equitable effectiveness of the subjective rights of all individuals, the guidelines stipulated by the Central Bank of Brazil are not sufficient to make the conduct of monetary policies. In this sense, so that the issuance of digital currency can promote greater economic equity, recommendations were presented to the Real Digital Pilot Project

The present study aimed to map the Claims of Non-Compliance with Fundamental Precepts (ADPFs) with structural requests proposed at the Federal Supreme Court (STF) in the period from 01/2014 to 12/2023. This is descriptive research, in which the initial petitions of 790 ADPFs were examined, extracted from the STF website itself, cataloging for analysis those with requests for structural provisions. The investigation carried out, in addition to allowing the mapping of the structural actions that reached the Court in the last decade, makes it possible to develop empirical research in Law and a better understanding of the Court's performance in the structural context, especially with regard to receptivity. As main findings, it is possible to state that: i) not a large number of ADPFs with structural requests were proposed in the last decade (23 ADPFs were cataloged as structural); ii) political parties are the biggest litigants in the structural demands filed; iii) the Attorney General's Office (PGR) did not propose structural ADPF in the mapped interval; iv) there is relevant use of structural ADPFs to protect minority groups; v) injunctions are granted, as a rule, in a monocratic manner; vi) the STF does not adopt stable parameters when allowing, or denying, the follow-up of ADPFs with structural claims.

This research aims to understand the repercussions that the visibility regimes created by platforms have on the mental health at work of digital influencers from the prism of the fundamental right to decent work. Initially, the research seeks to locate the work of digital influencers in the spectrum of Sociology of Work and Critical Social Theory, especially in the quality of value-generating immaterial labor inserted in the cycles of production and circulation of capital. The concept of visibility regimes is then presented to highlight its relationship with the conformation of subjectivities and the organization of work on digital platforms. From the labor key, we will try to identify how the platforms, through the structuring of visibility regimes, will control and organize the work of platformized workers, especially those who are active in the production of content. In a second moment, the research locates the work of digital influencers in the paradigm of the cultural industry and identifies the technological, cultural, economic, industrial, political and ideological elements that allowed the emergence of digital influencers as workers. Once this history is consolidated, we move on to the analysis of the work of digital influencers, based on the studies of social media and Communication, to understand the intricacies of this activity, its constitutive elements and main contours in comparison with social and algorithmic requirements. Also in the description of the object of the research, the legal contours of the work of digital influencers will be traced from the characterization of informality, the need for recognition and labor protection. The last chapter of the research seeks to understand how the analyzed phenomenon is perceived by Labor Law in its constitutionalized matrix through the prism of the fundamental right to mental health at work as a component of dignity at work. An analysis based on constitutional values, in comparison with the work environment and health, will be made on factors that delineate the work of digital influencers, such as exhaustion and work overload, the opacity of platforms in relation to remuneration and the disposability of the work product of these subjects. These three elements will be used as an analytical basis for a critique in favor of the expansion of the protective matrix of constitutionalized Labor Law that considers the social and environmental conditions, as well as the value of work, in the face of the new configurations of work in the digital age. With contributions from the Sociology of Work, Critical Social Theory, Communication, surveillance studies, social media studies, Psychodynamics of Work, among others, the present research uses the methodology of interdisciplinary literature review to, initially, map the factual, cultural and communicational elements of the work of digital influencers and, then, read them from the legal perspective, updating the labor law bases for understanding the new forms of work that emerge in the digital context and their exploitation in contemporary capitalism.

The work investigates the legislative discourses articulated within the scope of the National Congress approval of Constitutional Amendment (EC) No. 95, of 2016 (Spending Cap), which implemented, in Brazil, the New Fiscal Regime (NRF), aiming to verify how the legislative justification for the constitutional amendment occurred, especially considering the context of political and economic turbulence at the time. The norm played a fundamental role in addressing fiscal issues in the country and influenced many political and economic decisions in the subsequent years. The shorthand notes of the Constitution and Justice and Citizenship Committee, the Special Committee, and the Plenary, all from the Chamber of Deputies, as well as the Constitution and Justice Committee and the Plenary of the Federal Senate, all referring to the processing of Constitutional Amendment Proposal (PEC) No. 241/2016 in the Chamber of Deputies (PEC No. 55/2016 in the Federal Senate), approved as EC No. 95/2016, were analyzed. The methodology used was based mainly on A. Daniel Oliver-Lalana's concentrated hypothesis, with contributions from Manuel Atienza and Roberta Simões Nascimento. This dissertation is divided into four chapters. The first is dedicated to presenting reflections on the relevance of studying legislative argumentation for legal theory, as well as theoretical and methodological contributions related to empirical research on legislative argumentation. The second chapter focused on the political and economic context that preceded the submission of the legislative proposal to the National Congress, as well as the presentation of conceptual aspects of the New Fiscal Regime. The third chapter describes the arguments articulated by the congressmen, as well as the parliamentary tactics used along the way. Finally, the fourth chapter was dedicated to the analysis and evaluation of the legislative reasons, according to the determined analysis model. It was concluded that, during the parliamentary debates, arguments and counterarguments were articulated regarding the core points of the debates. The presence of variety (diversity), depth (detail), and relevance (appropriateness) of arguments was observed, with a predominance of instrumental (teleological) and axiological correction (ethical) reasons in legislative debates, interspersed with digressions and opposition speeches. It was understood that the legislative measure was sufficiently justified from an internal point of view. On the other hand, inconsistencies were identified in the premises of proposing the legislative measure, in terms of plausibility, as well as many assertions of moral content, such as speeches about austerity. From an external perspective, the justification was incomplete. The importance of the empirical study of legislative reasons based on parliamentary debate was reinforced, considering the possibilities of apprehending contextual elements of legislative dynamics, such as parliamentary discursive and behavioral strategies, which allows for a better understanding of the political, legal, and budgetary decisions adopted in the country

The research aimed to analyze the political dialogues engaged on social networks, framing them as a crucial role in democratic consolidation and the expansion of political understanding, particularly by facilitating citizens' participation in electoral processes and enabling the emergence of future political leaders. This dialogic process of political debate is seen as a way to strengthen democracy through the dissemination of opposition ideas and enabling political alternation with the strengthening of democratic practices. The hypothesis raised suggests that the dialogical perspective of political advertisements, with the potential regulation of negative advertising, not only increases citizen participation but also improves political understanding by fostering enlightened and inclusive debates, reflecting the criteria of an effective democratic process as defined by Robert Dahl. Habermas's conceptualization contributes to this discussion by emphasizing that the quality of democracy depends not only on consensus but also on the existence of space for disagreement and critical debate, which are fundamental for a vibrant and dynamic democracy. Additionally, the research highlights the importance of independent information sources, identified by Dahl as essential for a robust democratic state, which can also be observed in the interactions and iterations manifested on social networks, where citizens can debate and disseminate information. The study analyzes the role of the Electoral Justice in regulating this political content manifested on social networks, to ensure the equity and legitimacy of electoral processes and prevent abuse of power. To achieve its objectives, the research is based on literature review, analysis of applicable legislation, and rulings from the Supreme Federal Court and the Superior Electoral Court. 

This study analyzes situations in infrastructure sectors in which the market and society were harmed, resulting from the existence of regulatory gaps. These gaps occur when the regulator should act but does not – or does so in an inefficient and untimely manner. From the study of three cases from the civil aviation, electric energy, and rail freight transport sectors, we sought to define characteristics that demonstrate the likely existence of a regulatory gap, requiring regulatory action. Four initial characteristics were identified, namely: (a) occurrence in infrastructure sectors; (b) existence of essential facilities; (c) markets in which two regulatory 2 agencies need to work together; and (d) existence of agents that urge for a structure that allows greater efficiency in providing the service. To solve these problems in a more structural way, there was a need to seek the best regulatory theory to be applied in these scenarios. Although the theory most used by Brazilian regulators is responsive regulation, it was recommended that the use of positive regulation theory would be more appropriate to solve problems arising from the existence of regulatory gaps. The latter gives the regulator the necessary mechanisms to avoid the perpetuation of regulatory gaps, based on its objective of promoting market competitiveness and its methodology, which involves the definition of clear objectives and the alignment of expectations with those regulated, to encourage them to comply with the regulatory proposal.

This dissertation aims to analyze the reasons why the concept of revolution was mobilized as a central element in the official discourse of the Brazilian military dictatorship since the 1964 coup d’état. In order to achieve this goal, we’ll use the lenses of constitutional history and Koselleck’s conceptual history. The central problem of the research can be summarized in the following question: within a range of available concepts, all capable of legitimizing and institutionalizing an authoritarian regime, why mobilizing precisely the concept of revolution in the Institutional Act of April 9, 1964? This problem becomes even more puzzling when one realizes that, at the time of the coup, the concept of revolution was highly identified with left-wing movements and the subversion of order, and could seem an out-of-place concept. The hypothesis that is raised is that this mobilization has a close correlation with the legal semantics built around the concepts of revolution and constituent power, as well as with the legal implications expected from the mobilization of these specific concepts. The study will analyze mainly the first years of the Brazilian military dictatorship (1964 to 1969), focusing on the use of the concepts of revolution and constituent power, especially in relation to the preambles of Institutional Acts number 1 of 1964, 2 of 1965 and 5 of 1968 (Brasil, 1964b, 1965, 1968a). To analyze the legal semantics built around the concepts, we analyzed the theoretical apparatus mobilized by jurists that were aligned with the coup and the military dictatorship, as well as the mobilization of the concepts of revolution by these same actors in acts and processes that articulated legal theory and practice, such as opinions of the Brazilian Federal Supreme Court prior to 1964 and the case n. 51/69 (Arquivo Nacional, 2018, 2019) before the General Comission of Investigations (CGI). These analyses will be added to the contextualization of the reality in which the concepts were used, based on historiography and primary sources, such as newspaper collections, books and articles on legal doctrine, speeches by political agents, pamphlets and manifestos by politicians and members of the armed forces, among other documents. At last, far beyond proposing a synthesis with definitive answers, the aim is to present questions and new avenues for future research, leaving threads and trails to be explored in other works.

This investigation sought to analyze the working conditions and collective mobilization of delivery cyclists in the city of Salvador. In this way, we sought to identify the challenges and prospects for improving working conditions, as well as the limits of guaranteeing the right of collective resistance of application deliverers. To achieve the intended objectives, the empirical research methodology was used in two stages: quantitative and qualitative. The material collected in the field phase was analyzed and systematized. Subsequently, the result of the empirical investigation was used as a basis for the development of this academic research, especially in the preparation of the second and third chapters. In this sense, the work of delivery cyclists in the city of Salvador was investigated, taking into account the following analytical points: race, sex, age, education, working hours, rest intervals, health and safety at work and income. Furthermore, the collective mobilization of digital platform delivery people taking place in Salvador, a collective movement popularly known as Breque dos Apps, was analyzed. Thus, based on the investigation carried out, the problems relating to the precarious working conditions of delivery cyclists in the city of Salvador were identified, as well as the challenges related to the exercise of the right of collective resistance by workers working on digital delivery platforms

This masters dissertation addresses the process of drafting the first gender-parity Constitution in history, written in Chile between 2021 and 2022, still under the effects of the fiery popular uprising occurred in 2019 and known as estallido social. The fundamental question of the research was: What political mechanisms and social practices contributed to Chile being able to write a gender-parity Constitution unprecedented in the political history of the world? The answer to this question was sought through analysis of the massive presence of female bodies on the streets of Chile, their political strategies and their agencies in the institutionality. Methodologically, the research was conducted through fieldwork in the cities of Santiago and Valparaíso, and took on an ethnographic character, based on participant observation. Theoretically, we maintained proximity both with authors who present a critical stance regarding Chiles political life over the past 30 years, as well as with feminist debates carried out by Chilean female authors, as well as female authors from other countries. As a result, the research concluded that the presence of women in the institutionality was important, but the massive presence of women on the streets was fundamental to the drafting of the aforementioned Constitution, using various strategies to insert them in the Constitution. Despite the Constitution having undergone a plebiscite and having not been approved, the milestones that were consolidated throughout the process remain, leaving behind a legacy that results in an accumulation of experience for the continuity of struggles that ma

The present study aims to understand the experience of Black individual swho have suffered racial discrimination and whether they perceive that reparations have been made for the damages caused to their dignity. Black individuals live with racial prejudice as a stigma present in Brazilian society, often without redress. The aggressions they endure serve as a daily reminder that the image reflected in the mirror will not necessarily be associated with who they perceive themselves to be, but rather with stereotypes deeply rooted in Brazilian culture, a legacy of a slaveholding and colonial past that permeates institutions, vernaculars, and the population's imagination. Initially, the study presents interviews with Black individuals who have experiencedracial discrimination, followed by an analysis of the concepts of Race,Prejudice, and Identityand howthey relate to the interviewees. Subsequently, an analysis is conducted on some anti-discrimination legislative instruments and their impacto on combating racial discrimination, followed by final considerations regarding the existence of moral reparation for victims of racial discrimination and the possibility of implications forfuture research.

The present research aimed to identify how digital platforms violate the general duty of care in curating content containing violence targeted at children and adolescents, and also to signal feasible routes to be pursued in order to ensure that these economic agents respect the absolute priority and full protection of children and adolescents, as advocated by the United Nations Convention on the Rights of the Child of 1989, and Article 227 of the Federal Constitution of 1988. The research was developed through bibliographic review, mapping of violence in schools, and analysis of documents, norms, regulatory frameworks, as well as podcasts. The main findings demonstrate that digital platforms, the key protagonists of the surveillance capitalism system, are constituted by of a form of vigilance based on a totalitarian, undemocratic logic that spreads hate speech, incites violence, and naturalizes surveillance, which is detrimental to the personality development of children and adolescents. In this context, such economic agents do not carry out business activities with security and neutrality, nor are they mere intermediaries, leading to the non-application of Articles 19 and 21 of the Internet Civil Rights Framework to the case, which brings about the application of Article 14 of the Consumer Protection Code due to defects in service provision. Therefore, self-regulation is desirable and important; however, alone it is ineffective for digital platforms to fulfill the general duty of care in curating violent content, which is why coordinated, multidisciplinary, and multisectoral action may promote the necessary incentives for such economic agents to make the digital realm safe for girls and boys.

This work aims to analyze which elements constitute the modus operandi ofracism in the structure of the Juvenile Justice System (SJJ), gateway to the NationalSocio-educationService(Sinase)and responsible forinvestigatingthe infraction attributed to the teenager and the application of socio-education measures. It is intended todiscusstherelationshipbetweenracism,whitenessandSinase,establishedby Resolution n. 119, of December 11, 2016 of the National Council for the Rights of Children andAdolescents (CONANDA), as a public policy aimed at the inclusion of teenagers inconflict with the law. This is a qualitative and empirical research, whose methodologicalstrategies are a narrative literature review, documentary analysis, non-participantobservation and the application of an online form to SJJ actors. The literature reviewallowed the survey allowed the survey of studies on Sinane and SJJ, especially works thatdeal with the institutional racism present in both systems. The documentary analysis ofinternational, national and state regulations on the rights of children and adolescents, aswell as those that regulate Sinase and SJJ, contributed to the discussion on structure,functioning, practices and principles that should guide the two systems. Furthermore,minutes of hearings and legal proceedings of the SJJ in the city of São Paulo are analyzed.The non-participant observation, carried out at the Brás Forum, located in the city of SãoPaulo, as well as the application of the form to agents working in this Forum, aimed tounderstand the structure, dynamics, practices and relationships between SJJ agents andadolescents served. To analyze the research results, we propose a dialogue between thetheoretical perspectives of Critical Race Studies, Whiteness Studies and ethnic-RacialStudies, as well as the use of the analytical categories racism and Whiteness. Through thisstudy, it is possible to understand how the selectivity of the SJJ which predominantlyreaches black teenagers and young people, and is institutional reality are closely related toracism and whiteness that maintain inequality of opportunity and threaten the existence ofthe black population in Brazil and, also, how this institutional reality prevents Sinase from becoming a public policy yo protect adolescents and young people in conflict with the law.

This research is based on the hypothesis that the action of the black social movements as an educational praxis is capable of forming new subjects of law. In this scenario, black movements act as actors in the struggle to win over the black population. This work focuses on demonstrating the contribution of black movements to guaranteeing the right of black people to access higher education. To this end, the first chapter seeks to understand the concepts attributed to social movements, followed by a presentation of the main theoretical currents on social movements from the 1970s onwards. The first chapter also presents a reflection on the relationship between social movements and the law from the perspective of the theory of The Law Found on the Street. The second chapter deals with the specificities of the black movement, the history and the phases of the Brazilian black movement. The Unified Black Movement (MNU) was chosen to demonstrate how black social movements act as “modus” to hope for the right of access to higher education for black people, materialized in the laws: 12. 711/12 and 14.723/23, known as racial quota laws. To this end, the third chapter analyzes the action strategies employed in the agenda and repertoire of this emblematic social actor. The last chapter, by observing the trajectories of militancy and analyzing the speeches made, demonstrates the way in which the “voices” of the MNU are manifested in their work.

Known for having a powerful effect in several areas, artificial intelligence has provoked remarks about its central and innovative role in Law. Once verified the use of AI by Judiciary, through systems that optimize and improve the flow of activities intended to resolve conflicts, this master’s thesis aimed to analyze  2  ethical frameworks and regulations that guide the development and use of these systems in Brazil. Beyond a general understanding of the subject,  a specific examination of the Sabiá research and development project was done to empirically verify this approach in a tool designed by the University of Brasília in partnership with the brazilian Superior Labor Court. For this purpose, the first chapter is dedicated to present general concepts in the area of AI; the next chapter demonstrates the connections between this field and Law; the third chapter emphasizes issues related to the transparency and ethics of these systems; and, in the last chapter, the Sabiá Project was explained. In conclusion, the absence of specific legislation means that ethical principles assumes a guiding role in the development of models; in addition, the efforts of developers, users, stakeholders, governments and academia make it possible to create an auspicious environment to ethical AI. Regarding the methodology, it was used the deductive procedure, combined with qualitative approach and bibliographic and documentary research techniques.  

Interlocking directorate occurs when two or more companies are interconnected due to the similarity of the members of their management bodies, the relationship that their directors have with a third company, or due to a family relationship. In Brazilian competition law, there is a legislative gap on the subject, which is also not historically addressed in depth in antitrust literature. The research question is: is the competitive treatment given to interlocking directorates in Brazil aligned with the economic and legal rationale surrounding their practice by companies? To answer this question, we searched for cases in which CADE (the Brazilian Administrative Council of Economic Defense) analyzed the issue, which made up the main database of the research, with a total of twenty-one cases. The empirical analysis of the database showed that interlocking directorates can generate three types of competitive effects in the market: (i) integration of the companies, providing support for the authority to consider them jointly, (ii) interconnection of the companies, which now have a greater risk of adopting coordinated conduct, and (iii) no relevant competitive effects. The analysis of the cases also shows that an interlocking directorate can manifest itself in various ways in the market, which has an impact on the effects it produces. Based on the results of the empirical analysis, this study proposes a way of categorizing the interlocking directorate, classifying it according to its forms of manifestation and describing its effects. The categories proposed are as follows: (i) in terms of the form of characterization, which can be direct, indirect, family or an intra-economic group; (ii) in terms of the focus of the competitive concern, which can be control of conduct or structures; (iii) in terms of the form of the relationship between the companies, which can be horizontal, vertical or conglomerate; and (iv) in terms of the existence of cross-shareholding, which can be with or without. Quantitatively, seventeen of the twenty-one cases (80.9%) involving interlocking directorates were analyzed after the publication of the OECD study on the subject in 2008. Eighteen cases (85.7%) involved public limited companies and three (14.3%) involved only limited companies. The cases are well distributed among thirteen rapporteurs and fifteen relevant markets. In eight cases (38.1%), CADE included a prohibition on interlocking in settlement agreements, and in ten cases (47.6%) it found that interlocking promoted the Exchange of sensitive information between companies. As for the effects of directorate interlocking, the conclusions of the empirical research show that (i) in five cases (23.8%), there was integration of business companies, (ii) in eight cases (38.1%), there was interlocking of business companies, (iii) in seven cases (33.3%), there were no relevant competitive effects. As for the proposed categories, CADE analyzed (i) thirteen cases (62%) involving direct interlocking, six (28.6%) involving indirect interlocking, four (19%) involving family interlocking and two (9.5%) involving intraeconomic group interlocking; (ii) seventeen cases (81%) on structural control, and four (19%) on conduct control; (iii) fourteen cases (66.7%) on horizontal interlocking, seven (33.3%) on vertical, and none on conglomerate; and (iv) eighteen cases (85.7%) on interlocking with cross-shareholding, and three (14.3%) without. In conclusion, because they influence the market, the proposed categories of interlockingdirectorate should be taken into account by CADE on a case-by-case analysis, to avoid inconsistencies in identifying the generated effects. The legal treatment of interlocking directorate in national competition law is the most appropriate, considering that the legislative gap requires each situation to be analyzed in light of the peculiarities of the specific case. The categories proposed, which allow for the classification of the competitive effects of interlocking directorates based on their various forms of corporate manifestation, are essential as a parameter capable of guiding the competition authority, without letting go of the analysis of the facts of the specific case. 

Artificial intelligence is an emerging and disruptive technology that requires a multifaceted approach that considers not only technical aspects, but also social, economic, and legal impacts. This research studies how ethics and law are applied in the responsible development of artificial intelligence systems. To this end, a comparative study is made of the international legislative contributions and political initiatives of the European Union, the United States, Canada, and Brazil for the responsible, rational, and value-added approach to the issue for economies. The study highlights how different jurisdictions approach the regulation of artificial intelligence, analyzing governance, best practices, and identifying gaps to be filled to ensure development in an ethical and responsible manner, promoting innovation without compromising fundamental rights, privacy, and the security of individuals. Using a deductive and bibliographical research method, the dissertation is developed to bring up discussions on the ontology and deontology of artificial intelligence and the issues that permeate it, such as the applications of law and ethics, and the explainability of these processes. In a complementary way, the main legislative strategies and initiatives of the European Union, the United States and Canada were presented in order to contribute to the normative development of Artificial Intelligence, while the framework of legislative strategies and initiatives of Brazil was analyzed even more specifically. To summarize the study, a comparative table of similarities and contributions of initiatives between Brazil and these international countries was presented. The objective is to provide a comprehensive and critical analysis of legislative and political approaches, in order to seek to propose recommendations for the improvement of the Brazilian regulatory framework. In this way, the research intends to contribute to the global debate on the governance of artificial intelligence, offering ideas that can guide public policies and legal practices capable of balancing technological innovation with the protection of human rights and the promotion of social well-being.

The general objective of this research is to analyze the technical and institutional cooperation between the Brazilian Judiciary and Forensic Science Institutes (Law n. 12.030/2009), as well as its impact on the exercise of the right to evidence in Brazil. To this end, the existence of mechanisms maintained by the Judiciary and Forensic Science Institutes, aimed at promoting knowledge sharing between forensic experts and magistrates is investigated using Recommendation n. 10 of the National Academy of Sciences (NAS) of the United States as a reference. Acts of the Brazilian National Council of Justice (CNJ) and the National School for Training and Improvement of Judges (Enfam) were analyzed, since these institutions are responsible, respectively, for the formulation of interinstitutional judicial policies and for defining the curriculum content of training and improvement courses for Brazilian judges. A shortage of mechanisms capable of fostering technical and institutional cooperation between the Forensic Science Institutes and the Judiciary was observed. Based on the rationalist conception and the teleological relevance of expert evidence, it was concluded that this issue impairs the fundamental right to evidence. The research adopted a qualitative approach and employed bibliographic and documentary research techniques.

An investigation has been conducted aiming to uncover the contours of domestic violence in the context of the Covid-19. By using both qualitative and quantitative methodology, we analyzed desegregated data from occurrence records in the state of Minas Gerais, epidemiological State of Minas Gerais, the epidemiological data from the Betim Health Surveillance and 424 Medidas Protetivas de Urgência cases involving 427 victims of domestic violence, with the aim of identifying the most common cases, with the objective of analysing experiences of the victims during this procedural stage. This master's thesis has in three chapters. The first chapter contextualizes domestic violence as a complex problem with historical, social and cultural roots and as well as a public health issue. The second chapter discusses domestic violence in the context of the Maria da Penha Law, discussing the impact of the pandemic, the intersection of gender and race, and the role of intersection between gender and race, and the role of legislation in protecting women. The third chapter presents the research findings, based on a critical-analytical examination of the data and documents involved in the investigation, highlighting the numbers of domestic violence in Betim, the sociodemographic profile of victims of domestic violence, the bureaucratic challenges of granting Medidas Protetivas de Urgência, the usual processing time at the police station and in court, in the police station and the courts, the profile of the aggressors and black women in the protection system. The master's thesis is based on feminist literature and studies about the increase in domestic violence in the pandemic and presents the research findings, based on a critical-analytical examination of the data and documents involved in the investigation, highlighting the numbers of domestic violence in Betim, the sociodemographic profile of victims of domestic violence, the bureaucratic challenges in granting MPU, the average processing time at the police station and in court, the profile of aggressors and black women in the protection flow. This master's thesis is based on feminist literature and studies on the increase in domestic violence in the pandemic seeking to highlight the complexity and barriers faced by women in situations of violence. This work contributes to understanding domestic violence and the obstacles to accessing the right of justice, pointing the necessary improvements.

The study articulates three main premises, each corresponding to a level of observation that structures the sections of the work (systems, social systems, and the system of world society). The methodology employs a systematic literature review and functional comparison, the latter being structured within these three levels. These interconnected perspectives allow for suggesting a multilevel governance of AI and regulatory models for AI that address the complexity and contingency of modern society.

The objective of this dissertation is to analyze the condition of paid domestic workers in Brazil during the 20th and 21st centuries. In order to achieve this, the study employs the theoretical frameworks of the coloniality of power, the matrix of domination, control images, intersectionality, and social reproduction theory. The research integrates quantitative and qualitative data, interviews with paid domestic workers, as well as historical and legislative analysis, in an effort to construct a profile of domestic workers and subsequently contextualize them within the structure of social security in the capitalist system, and its specific manifestation in Brazil.We discuss the condition of paid domestic workers from the perspective of gender and race relations in social security law, and the constitution of subjects of labor and social security law. After mapping the exclusions from law and social security policy, the dissertation considers how the conditions of peripheral capitalism and gender and race discriminations impact the social security protection of these workers. Through this analysis, it provides a theoretical-analytical contribution on the condition of paid domestic workers in Brazil; social security policy, highlighting the greater social vulnerabil

This study examines the limits and possibilities of jurisdiction in polycentric conflicts, proposing an approach that integrates its repressive, preventive, and introspective dimensions. Based on an analysis of rationalist and constitutionalist paradigms, it argues that, under constitutionalism, procedural forms must subordinate to the substance of rights, ensuring substantive justice guided by constitutional principles and 2 the specificities of each case. Employing a methodology that combines dogmatic analysis and a comprehensive literature review, the research advocates for the convergence of theory, principiology, and normative instruments as the key to resolving such conflicts. Introspective jurisdiction is highlighted as a mechanism to uncover hidden institutional practices and complement the actions of other branches of government, fostering social regulation through dialogue. The study concludes that the Judiciary can consolidate its role as a transformative agent by collaborating in the protection of fundamental rights and promoting social justice. Beyond conflict resolution, judicial processes can serve as tools for understanding social dynamics and enhancing public policies in hypercomplex scenarios.

This dissertation aims to understand how Duarte Coelho, the first captain-donor of Pernambuco, mobilized the sixteenth-century legal culture to achieve his goals, through the discourse articulated in his correspondence with King John III, based on the corporate logics that structured the model of political organization. The primary documentary corpus consisted of letters written between 1542 and 1550. The discourse of this correspondence was analyzed considering three levels: (i) the structural, grasped through the linguistic constraints that shaped the political and legal model of the period, (ii) the individual, encompassing the contextual characteristics related to the author of the letters, and (iii) the discursive, which connects the previous two levels. The study sought to understand how Duarte Coelho constructs and mobilizes semantic fields around the themes of 'order' and 'government,' and 'disorder' and 'misgovernment,' connecting them, through allusion, approximation, or as symmetrical opposites, to concepts that underpinned the very political and legal model of his time. Additionally, the documentation was used to reflect on the role of synthesis that jurisdiction played in the exercise of power during the early decades of Brazil's colonization."

The dissertation addresses the impact of international air services agreements on South American regional air integration, with emphasis on the blocks of the Andean Community of Nations (CAN) and the Common Market of the South (MERCOSUR) besides their countries with the largest geographical area, Brazil and Peru. The research problem investigated is: do the multilateral and bilateral agreements analyzed promote "open skies" or perpetuate a logic of historical dependence? From a decolonial perspective, it questions whether the international air transport agreements analyzed effectively favor the opening of the skies, connectivity and regional autonomy or reproduce dynamics of structural inequality among South American countries. As a general objective, it analyzes how the multilateral air service agreements of the CAN and MERCOSUR and bilateral air services agreements of Brazil and Peru signed with the member countries of the Andean and Mercosuran blocs promote regional mobility and contribute to overcoming historical dependence, considering the geographical, climatic, political, economic and social asymmetries of each region. With this in mind, it addresses the importance of community institutional and statistical mechanisms, such as the production of monthly and annual reports by the Andean Committee of Aeronautical Authorities (CAAA) of CAN, to monitor and evaluate the progress of regional air integration. Among the specific objectives, it investigates the relationship between civil aviation and regional integration in South America; analyzes the multilateral air service agreements of CAN – Decision No. 582 of 2005 – and MERCOSUR – Fortaleza Agreement – and the bilateral agreements signed by Brazil and Peru with the member states of the two blocs; evaluates, through the decolonial comparative method, the advances and challenges, similarities and differences of the agreements in promoting regional mobility and connectivity in an inclusive manner. The research adopts the deductive method of approach with discursive extraction on the panorama and complexity of international air service agreements based on general premises applicable to concrete hypotheses concomitant with the application of the decolonial comparative method. The data collection was conducted using the Literature Systematic Review Technique (RSL), considering the period from 1996 to 2024 and documentary analysis of international agreements considering the period from 1948 to 2024. The methodology also included an interdisciplinary approach, incorporating not only elements of International Law, but of International Relations, Economics, Political Science, Sociology, History and Philosophy. The dissertation used statistical data and air traffic reports from national and international sources with a focus on CAN and MERCOSUR, as well as bilateral agreements from Brazil and Peru and included other research formats and information such as videos, images and official information. A more collaborative and responsive approach to historical inequalities and dependencies is at least important to reimagine and build a model of sky-opening air integration that prioritizes economic growth, social justice, and strengthening regional autonomy for businesses and consumers.

In In the second half of 2021, seven agricultural cooperatives formed by family farmers linked to the Landless Rural Workers' Movement (MST), based in Agrarian Reform settlements, raised R$17,500,000.00 in the capital market through the issuance of Agribusiness Receivables Certificates (CRA) on the Brazilian Stock Exchange (B3). The operation, unprecedented among landless farmer cooperatives, had open participation to the public with investments starting at R$100.00 and a fixed rate of 5.5% per year, directly benefiting thousands of family farmers. This paper seeks to describe and analyze this experience from the theoretical perspective of the Law Found on the Street, discussing how the “re-signification” of this traditional financing tool for agribusiness promotes the (re)creation of rights, allowing the implementation of the constitutional mandates of the Agricultural Policy (art. 187) and the Economic and Financial Order (art. 170) of the Federal Constitution of 1988.

The research is developed in three chapters. The first addresses the historical challenges of the agrarian issue in Brazil, with an emphasis on the trajectory of the social and economic struggle of the MST, from the fight for land, access to public policies, and access to markets. The second presents the regulatory frameworks for agricultural credit in the country and the Brazilian capital market, detailing the financial products aimed at agricultural financing, with a focus on the CRA. The third chapter carries out an empirical analysis of the specific case, highlighting its quantitative and qualitative dimensions, and with a critical eye proposes institutional adjustments to expand access to these financial tools for family farming. The study concludes that, by accessing the capital market, family farmers demonstrate the ability to transform economic and legal structures for the benefit of Agrarian Reform, revealing emancipatory practices aligned with constitutional principles and reinforcing the legitimacy of the participation of social movements in the democratic expansion and economic and social development of the country.

This dissertation explores the theories of legal interests and their influence on the Supreme Court’s case law. It examines critical criminology studies concerning the protectionist conception and the theory of legal interests, particularly when considering the realities of the Global South. The central aim of this work is to assess, through the lens of critical studies, how the Supreme Court’s case law is shaped by theories of legal interests and protectionist perspectives. By doing so, it seeks to contribute to the development of a theory of legal interests that is both grounded in empirical reality and informed by critical criminology. The dissertation traces the evolution of legal interests theories from their origins to the present day, analyzing how Brazilian scholars have adopted and adapted these theories, particularly through the influence of German authors. It also emphasizes the importance of recognizing the unique realities of the Global South and the need to incorporate empirical evidence into the framework of legal interests theory. Furthermore, it investigates the Supreme Court’s case law concerning legal interests, demonstrating how the Court has often employed this theory to expand the reach of criminal law.

During the first five years of the 1960s, Brazil experienced a turbulent period, with political, economic, and social crises, which led to a disruption in its legal system. In August 1961, President Jânio Quadros resigned and, in less than a month, a constitutional amendment was issued altering the government system from presidential to parliamentary, as a condition for João Goulart's inauguration. On January 1963, a new constitutional amendment would overturn the former decision and return the presidential system of government. Such amendment came after 76.98% of the electorial college had voiced their rejection of the parliamentary system through a popular referendum The Brazilian economy was melting down, with GDP dropping from 10.3% in 1961 to 2.4% in 1964 associated with financial and structural problems, such as high inflation rates, stagnation of the national industry, exhaustion of import substitution model, shinkage of domestic consumer market, scarcity of credit, and pressure from international capital. The social crisis, characterized by an urban sprawl, the increase in unemployment rate, and the exploitation of workers were evident. Wealth distribution problems got out of control, leading to a greater concentration of means among the richest and, with the drop in minimum wage, creating a shortage of workers and increasing the levels of poverty among the population. The crisis led businessmen to form organizational entities to defend their capitalist interests. As an example, one can list the creation of the Institute for Research and Social Studies (IPÊS), one of the most prominent class organizations statuted to promote the, so called, Brazilian State reform. The group acted through financing, providing technical advice, and making ideological campaigns to implement its conservative project for modernizing the Country. At the end of 1963, IPÊS had presented to the Parliament twenty-three proposals for reforming legal structures of the Brazilian State, based on a liberal economic vision. All in contrast with the national-reformist project of the Welfare State designed by João Goulart. The long-term of democracy, however, was incompatible with the urgency of capitalism's goals. Whether it was necessary to sacrifice one or another, there was no doubt: the invisible hand of the market joined forces with the armed branch of the State creating a business-military coup responsible for overthrowing Goulart and inaugurating a dictatorship that would last for over two decades in Brazil. During this time, authoritarianism manifested itself in several ways, such as the supremacy of the Executive Branch over the Legislative and the issuance of new laws, specifically targeting the economic law. Based on the Institutional Act of April 9, 1964, the business-military joint-venture in Castello Branco’s government approved two of the main reforms drawn by IPÊS: banking and financial reforms.

Over the past decades, the civil aviation industry has undergone significant changes, driven by pro-competitive reforms that aimed at addressing regulations that unduly restricted competition. These developments have fostered increased competition and provided consumers with lower prices and better products and services. While such regulatory reforms have been particularly profound in air transport, the airport sector has also experienced transformations. Indeed, airports face today growing competitive forces, being less often perceived as natural monopolies as in the past. Markets within airports have also evolved, becoming more competitive too (e.g. ground handling services). In this context, a pro-competitive regulatory approach has emerged in the airport sector worldwide in the past decades. This thesis argues that this process is in its early days in Brazil, where it still needs to be properly institutionalised, encompassing all dimensions of airport regulation. Joint and co-ordinated efforts by competition authorities and civil aviation policy makers, including the establishment of a common pro-competitive airport regulation agenda and pro-active competition enforcement and advocacy initiatives, could further embed competition policy into airport regulation. This could ensure that these two public policy areas are indeed complementary tools of state intervention that can guarantee the efficient functioning of the airport sector, enabling consumers to reap its benefits.

This thesis discusses the historical evolution of the effectiveness of the fundamental right to education in Brazil, at the higher education level, from 1988 to 2022. The study focuses on the constitutional principles attendant to the fundamental right to education, which include the following constitutional ideals: i) equal conditions for access in higher levels of education (access); ii) the freedom of professors to teach and research (academic freedom); iii) the pluralism of ideas and pedagogical concepts as well as the coexistence of public and private higher education institutions (pedagogical pluralism and institutional diversity); and iv) safeguarding and improving quality standards of the educational process (quality). The study aims to understand the path of different types of higher education institutions in Brazil, from a historical perspective. The methodology used consists of the construction and analysis of time series of relevant statistical data, both quantitative and qualitative, about the educational process of the higher education institutions, considering the different administrative categories and academic organizations. The objective is to identify and explain possible patterns of institutional development that emerge from the interaction between educational regulatory policies and educational constitutional principles over time. The analysis of the data also offered grounds for the elaboration of proposals of new guidelines for policy reform pertinent to regulatory design, the establishment and choice of funding models and the use of institutional typology and production of statistics for integrated policy development. The central hypothesis of the research anticipates that, within the time period after the Federal Constitution of 1988, the focus of higher education policies in Brazil, as reflected in official indicators of public access, was resulted in the continuous expansion of student access, especially in private institutions (mostly for-profit, from the late 1990s onwards). The evolution of the implementation of constitutional educational principles, detailed throughout this thesis, sometimes gained and sometimes lost effectiveness, more or less intensely, depending on the principle, period and segregation by administrative category or academic organization.

The present thesis was written in the context of the postgraduate programme in Law of the University of Brasilia, focusing on the research of “The Law Found on the Street”, Legal Pluralism and Human Rights. It aims to identify the stance of hybrid courts regarding transitional justice, as means to challenge impunity for crimes sponsored by dictatorial regimes installed and sustained in Africa. The analysis is founded on inductive arguments, relying on the understanding of the Extraordinary African Chambers, which condemned the Ex-president of Chade Hissenè Habré in 2016, to present hybrid courts as suitable punishment instruments against the crimes committed by dictatorships within the Continent of Africa. The imperative question in this study is whether and how past abuses can be promptly punished today, according to the Laws practiced in the past, yet without qualifying such measures as violations of the principles of legality, revocation of amnesty, and prescription. In addition to limiting the States´ power and duty to punish, these three institutions restrict the possibility of applying the penal Law retroactively, an increasing necessity in court lawsuits during transition periods. The study faces such issue by defending that legality, amnesty and prescription are adequate requirements in line with the Democratic State, representing criteria that distinguish the latter from dictatorial regimes, which legitimate crimes as means of doing politics and distort the Law into a repressive tool. Finally, it is shown through Habré that laws supporting criminal activities are incompatible with these criteria and do not oppose the punishment of dictatorial crimes in Africa.

The continuity of military police post-1988 has primarily been explored through the Armed Forces parliamentary lobby. a significant gap in our understanding of the expectations and institutional initiatives of military police forces during the democratization process. This thesis aims to address this lacuna by examining the role of military police officers in ensuring institutional continuity during the constituent period, defined here as spanning from 1983 to 1988. Our argument posits that military police officers actively shaped their constitutional framework and devised an independent "survival strategy". This achievement was made possible by the relative autonomy gained following the election of opposition governors in 1982, which prompted concerted efforts among military police officers towards gradual disengagement from the Land Force. To substantiate this argument, we analyzed academic materials and institutional documents produced between 1983 and 1992, supplemented by interviews with military police officers involved in the constituent process. Our findings challenge the notion of military police as passive observers subservient to the Brazilian Army. Instead, we observe that the success of the Army's agenda concerning military police depended on alignment with proposals from both entities. Moreover, despite the Army's legislative proposals, the Constituent Assembly favored the direct subordination of military police to Governors and limited the Union's authority to legislate on state military corps. The constituent process posed a low risk of extinction for military police, given the support from Governors and various congressmen. Additionally, civilian police lacked the requisite prestige to assume the responsibilities of local military forces, further consolidating the position of military police. Notably, there was a lack of concrete proposals from left-wing researchers regarding law enforcement corporations.

From 1940 onwards, the Brazilian federal government nationalized private companies, normally due to their debts with the State. These companies operated in different economic sectors and, thus, railways, radio and television stations, slaughterhouses, hotels and construction companies, among others, constituted the group known as “Empresas Incorporadas ao Patrimônio Nacional” (EIPN). In the following decades, the State incorporated new companies, but also sold their assets and privatized them. The group would not survive until the enactment of the Federal Constitution of 1988, victimized, in the period immediately preceding it, by transformations in the model of state intervention in the economic order. The general objective of this research is to analyze the privatization policy in Brazil, focusing on the EIPN. For this, this thesis discusses the constitution of the group; the bases of the new privatization policy; the actions taken in relation to these companies; and the legal nature of these entities, a crucial issue to seal their fate.

The 1974 Brazilian elections during the military dictatorship marked a significant political and social shift, impacting the legal structures and the basis of authoritarian legality during Ernesto Geisel's government. Elections played a crucial role in legitimizing the military regime, despite casuistic laws aimed at controlling the outcomes. The Electoral Justice played a key role in this process, being called upon to resolve disputes between candidates and address legal issues related to registration challenges and conflicts between constitutional norms and institutional acts.

 This research proposes to investigate, from the perspective of constitutional history, how the military regime utilized electoral law institutes to maintain its power. The study will focus on analyzing a case of candidacy registration challenge for the Federal Senate. The Lei Falcão and the Pacote de Abril were legislative responses to the surprising victory of the MDB in 1974, aiming to control the elections in an authoritarian manner but within the existing legal framework.

We conclude that bringing political opponents to court could have unforeseeable legal effects for the military regime, and the legal debates generated by the processes could escape the control of the authorities, as the theses proposed by the parties were not always followed by the electoral courts.

The thesis discusses how regional bodies for the protection of human rights argumentatively develop their competence to protect these rights and how the approach proposed by the theories of legal argumentation can contribute to understanding and improving this practice. Firstly, the historical and teleological convergences that bring international human rights law and theories of legal argument together are presented, with the observation that both emerged in the context of the second post-war period, imbued with a claim to rationality as a limit to the arbitrary exercise of power and concerned with building mechanisms to control state action. Next, to deepen the understanding of the link between argumentation and international human rights law, an empirical investigation was carried out, in which the analytical tools typical of the study of arguments were applied to a set of international decisions handed down by bodies of the regional human rights protection systems. The debates related to the rights of same-sex unions were chosen as the thematic backdrop of the empirical observation. It is a matter which, in addition to having undeniable relevance for the field of human rights, is not expressly regulated in any specific international statute, which makes it even more necessary to be able to argue about it. The empirical analysis revealed the existence of specific argumentative structures and commonplaces on the subject in each regional system, which have changed over time to accompany the gradual development of the problems that have arisen, giving rise to particular and unmistakable regional argumentative identities. Furthermore, based on the data collected in the empirical analysis, it was found that the argumentative activity undertaken by the regional human rights protection bodies promoted the progressive development of the semantic field of these rights within a topic-argumentative cycle. Likewise, it was observed that the argumentation developed in this field is permeated by issues specific to international action, such as the need to safeguard the universality inherent in human rights through argumentation, the concern for coherence in international decisions, the attention paid to the consequences of international decisions in national spheres and the impact of the pro persona principle on argumentation. Finally, it was found that human rights argumentation in international protection bodies has specificities that demand targeted theoretical attention, aiming to enable an argumentative affirmation of human rights that contributes to the promotion and realization of these rights.

This thesis analyzes how the “Brussels effect” materializes in Latin America concerning the topic of personal data protection, despite the fact that, even after the GDPR, there is still a fragmentation of normative interpretation on the subject in the EU. The GDPR aims to standardize the theme in the EU and, in this sense, fragmentation should be mitigated. Additionally, it answers the following questions: why do the norms, guidelines, and actors regarding personal data protection from the European Union gain ground in Latin America? Does the Ibero-American Network act as a mediator in this dialogue of translating legal instruments? In which ways? To achieve this, a qualitative research approach is employed. It combines bibliographic analysis, examination of written documentary sources related to documents produced by the relevant bodies under study, and empirical research. The latter involves fieldwork with observation based on an on-site experience in some Latin American countries, conducted as part of a larger research project funded by FAPESP – Documentary and Field Research on Data Protection Authorities in Latin America: the Concept Social and Institutional Privacy and Personal Data. It also includes a year of studies in Portugal, as a PhD candidate associated of Jean Monnet Centre of Excellence Digital Citizenship & and Technological Sustainability (CitDig) and of Justice and Governance Research Center (JusGov). Those experiences provide not only an understanding of the institutional practices of Control Authorities but also opportunities for dialogues and interviews with relevant actors from civil society, academia, private and public sectors in each country. Sixty-three interviews were conducted online and in person in eleven countries: Argentina, Brazil, Colombia, Chile, Costa Rica, Spain, Mexico, Panama, Peru, Portugal, and Uruguay. The thesis uses part of this material as a primary source. The research begins with a literature review to understand the polysemy of the concept of data protection, the difference between this right and privacy, and its connection to access to information in certain contexts. In this initial part, presenting the theoretical-conceptual elements of the research, the role of the OECD and the Council of Europe in personal data protection involving Latin America and the European Union is discussed. The legislative situation and institutional format of the institutions that make up the European Union in personal data protection are then presented. It is demonstrated that this is not a homogeneous context based on the example of Portugal as a case of Member State role. Afterwards, a brief contextualization is carried out on the data protection authorities and the regulation in Latin America, as well as addressing the role of the Ibero-American Network as a catalyst in the articulation between the EU and its Member States in the legislative construction of personal data protection in the Latin American region. This articulation occurs both through the influence of Directive 95/46 and in the adaptation to the General Data Protection Regulation (GDPR), including adherence to Convention 108+, among other elements involved. The thesis seeks to understand the phenomenon of the “Brussels effect” and the expansion of European Union law to other regions, especially to Latin America. The thesis is part of the Research Line Transformations in Social and Economic Order and Regulation, in the Underline Social Regulation and Public Policies for Education, Science, Technology and Innovation of the Postgraduate Program in Law at the University of Brasília, in conjunction with the Doctorate in Public Legal Sciences at the University of Minho.

This work aims to investigate the influence that the paradigms of ownership and private property had on the formation of the territory of Acre. To achieve this objective, it was necessary to establish a semantic agreement around the concept of paradigm. Subsequently, the four paradigms that, throughout history, shaped human occupation and the formation of the territory of Acre were analyzed, which are the paradigms of uti possidetis, the Regime of Possessions, the Land Law of 1850 and the Code Civil. The research methodology was essentially theoretical and explanatory, using data as a source for bibliographic research. It is concluded that these paradigms constructed a worldview that enabled an unequal land structure, which was perpetuated throughout the entire historical process and which is still the source of many social inequalities today. From the birth, development and death of the rubber plantation, with its subsequent replacement by extensive livestock farms and large estates, the paradigms legitimized the extreme concentration of land. A paradigm idea was shown to be useful in explaining the way in which possession and private property were constructed, manipulated and updated throughout the historical process of formation of the territory of Acre, all in a way that allowed extreme land concentration and the maintenance of the status quo.

This thesis seeks to investigate the trajectory of the category of indigenous ownership in Brazilian constitutional history and its passage through the political system and citizenship defined for indigenous people, based on the analysis of the dispute over the Kadiwéu lands, judged by the Federal Supreme Court in 1961 and which referred to the constitutionality of Law No. 1,077 of 1958, which was approved by the State of Mato Grosso and reduced the limits of this indigenous land, in the south of that state. The case became a major scandal over the state's alienation of lands occupied by indigenous people. As a result of the institutional framework adopted by the First Republic, the Kadiwéu, who were protected, depended on the actions of the SPI to defend their lands. The institution filed a writ of mandamus arguing the unconstitutionality of the law, which was definitively assessed by the Federal Supreme Court in 1961, in an extraordinary appeal presented by the state Legislative Assembly. The litigation was permeated by debates across the definition of indigenous ownership, the property of these areas in the Brazilian federalist system, the ability of indigenous people to hold property rights and the economic use of these territories, discussions that crossed the political system and the constitutional debate during the period. In the trial, the dissenting vote of Judge Victor Nunes Leal defined notions such as habitation, territory, a legal status distinct from civil status to deal with the possession and control of lands occupied by indigenous people and brought innovations to the concept, which influenced the stabilization of the issue in the reforms institutions of the 1960s. The case exposes the tension between indigenous ownership and boundaries in this period of the Brazilian constitutional history, the delineation of the concept of indigenous land and its dominance. Its analysis contributes to the reflection on the limitations of civil institutes aimed at resolving land conflicts and on the constitution of legal transactions over these territories. By observing the litigation from Brazilian constitutional history, the research seeks to contribute to the topic from a historiographical perspective of law and concludes by crossing the political system and a condition of limited citizenship in defining the concept of indigenous lands.

This study offers an understanding of the conduction of structural process by the Supremo Tribunal Federal (STF) in concentrated judicial review, considering the construction of state capacities related to the power of producing public policies by the state bureaucracy. As an exploratory research, it aimed to understand how the Court conducts these cases, including the techniques of decision-making and the justifying discourses adopted by the tribunal. To elaborate on this understanding, the study conducted an empirical qualitative research, using the methodology of Grounded Theory (GT) in its constructivist approach, which is suitable for exploring less-studied phenomena. The empirical material consisted of public documents – judicial pronouncements of the STF in cases that are representative of the analyzed phenomenon, including singular decisions adopted by ministers. The initially collected material was related to ADPFs 709, 742, and 635, and was expanded to include ADPFs 828, 976, 991, 347, and ADO 59. The analysis of the material allowed for the identification of three types of strategies adopted by the Court: procedural, state capacity-building, and discursive. Furthermore, it allowed for the elaboration of some general categories that help to understand the behavior of the court in the phenomenon, such as coordination, dialogue, cooperation, and consensus, which are intertwined in the practice and discourse of the Court. The comparison of the results of the empirical analysis with the literature related to structural processes, public policies, and state capacities allowed for some conclusions. Through structural processes, the STF aims to enhance not only the technical and material aspects of state capacities but also the political-related ones. Those processes modify, temporarily or permanently, the institutional arrangements of the public policy related to the case, which encompass the set of rules, mechanisms, and procedures that regulate how the interactions of different subjects and interests occur in the production of public policies. While conducting those processes, the STF adapts procedures, amplifies the participation of third parties, and uses different decision-making techniques related to open and flexible provisions, injunctions that order the Executive to elaborate a plan of intervention in the structural problem, and the monitoring of the implementation of the plan and the judicial decisions. The Court relates the mode of process conduction to the justification of the legitimacy of judicial intervention in public policies (legitimacy question) and to the possibility of a real social transformation through structural processes (efficacy question). 

This is a thesis presented to the Postgraduate Program in Law of the Faculty of Law of the University of Brasilia (UnB), inserted in the scope of the Line of Research entitled "Criminology, ethnic-racial and gender studies" and which aims to analyze the correlation between the incarceration promoted by the state of Mato Grosso do Sul on the indigenous Guarani and Kaiowá and the integrationist (assimilationist) Indigenist policy that affected them before the paradigmatic orientation change carried out by the Federal Constitution of 1988. I seek to understand whether the criminalization and incarceration of indigenous people promoted in the state are connected to the purpose of control and neutralization of ethnic diversity, according to the project of internal colonialism and confinement imposed by the Guarani and Kaiowá. My hypothesis is that there is no intercultural debate between the indigenous peoples and the Mato Grosso state, in order to exert a severe punishment to the detriment of interculturality. Still, the prison defines the place of marginalization of the indigenous (since the conditions of social exclusion of the indigenous inflate the vulnerability to criminalization) and serves to contain the indigenous insurrection movements against the expansion of agribusiness, mark of the historical formation of Mato Grosso do Sul. Therefore, the research is divided into two parts: in the first, I describe how criminology, both in its classical, positive and critical aspects, has insufficient contributions to the examination of the criminalization of indigenous peoples, which demands the promotion of their decoloniality. After the analysis, I criticize the construction of Eurocentric criminology, which extends its theories universally to the understanding of phenomena that are, however, cultural, social and historically situated. My criticism has the decolonial, postcolonial or Latin American influence, which suggests a decolonization process to reposition the margins and the center of Criminological knowledge, especially from the perspective of native peoples. In this sense, I conduct a brief study of Brazilian prisons focusing on the punishment of indigenous people and examine the evolution of legislation on special prison regimes. Through this study, I intend to confirm the political functionality in the punishment of indigenous people, which I once called the civilizing penalty. In the second part, I analyze how this phenomenon is materialized in the criminalization of Guarani and Kaiowá indigenous people in Mato Grosso 17 do Sul, presenting the history of state formation and their aversion to indigenous ethnic roots. The anti-indigenous posture is revealed in the intensification of territorial conflicts, engendering a social framework of destabilization and so that the punishment of indigenous people is carried out as a self-fulfilling prophecy or as the containment of the challenge to the hegemonic order. From semi-structured interviews with indigenous people in prison or their relatives, I indicate what are the barriers to interculturality and legal pluralism and the effects of criminalization on indigenous people and their communities