Brazilian Federal Constitution Research Articles

Profiling, stigmatization, and civil liability

In the novel 'Brave New World,' Aldous Huxley envisions a dystopian future marked by mass production of lab-grown individuals, each assigned to specific castes. In this article parallels are drawn between this dystopian scenario and the dangers posed by technology, particularly in the realm of personal data and digital identity. It explores the potential infringement on privacy and equality rights, emphasizing the need for legal protection amid the increasing use of Big Data. The discussion delves into the theoretical foundations of personal data, virtual identity, and stigmatization, examining the role of civil liability in addressing violations of digital rights. The article navigates through relevant legal frameworks, including the Brazilian Federal Constitution, Consumer Protection Code, Civil Code, General Data Protection Law, and the Law of Public Civil Action, to assess the responses that civil liability can provide in the context of virtual rights violations. It emphasizes the historical construction of law, highlighting the necessity for legal frameworks to adapt to technological and cultural advancements. Despite specific data protection legislation, the article underscores the challenges in enforcing existing rights and calls for a nuanced approach to legal interpretation in the evolving digital landscape.

Law and education: the principle of fraternity as a foundation in combating school bullying and cyberbullying

This paper addresses law and education as tools for integration in the pursuit of effective combat against bullying and cyberbullying, grounding this confrontation in the Principle of Fraternity as a solution to this social problem. It recognizes equal dignity for all individuals as enshrined in the Brazilian Federal Constitution and aims to construct a fraternal, plural, and prejudice-free society. Thus, the basis for the revitalization of the Principle of Fraternity is evident in various constitutional provisions. Equality itself is only possible through the recognition of others, without implying the annihilation of differences; on the contrary, it involves the acceptance of differences to rebuild a fraternal society. This is presented as a solution for raising awareness and preventing conflicts within schools and combating systematic intimidation, which the law imposes as a duty on society as a whole. Awareness of the Principle of Fraternity and Human Rights must extend beyond resolving violence conflicts through conventional means, as violence is not the sole form of bullying. Therefore, there is a need for legal-educational awareness to prevent such conflicts from arising. Hypothetico-Deductive Method, Grounding the Research in Scientific Literature and Relevant Legislation.

Rebuilding the social function of contracts

The social function is one of the most instigating principles in contractual relations. In the social function, contractual limits become more fluid, in order to conform to social needs and expectations. With the new regulation of private relations, arising from the Economic Freedom Law (Law act 13.874/19), the economic characteristics of the social function, already covered in the Brazilian Federal Constitution of 1988, gained special importance. This study seeks to demonstrate how the individual and the social aspects need to work together in the new universe of private relations.

Increased child labor in Brazil in the pandemic: myth or reality?

This article aimed to analyze the reality and changes in child labor in Brazil during the period of the pandemic caused by the Covid-19 virus and how the State dealt with this fact led to an increase in inequality and social difficulties in the country, resulting in the current situation, as well as understanding what are the possible ways to reduce this practice, increasing the rights of these children and adolescents and improving their experience. According to UNICEF (United Nations Emergency Fund for Children), globally, 8.9 million children and adolescents are at risk of being pushed into child labor by the end of 2022, thus, the ways to fight the virus used by the government may have failed with this class, since the Brazilian Federal Constitution of 1988 places it as the duty of the State, society and the family, to ensure health, education, and freedom, in addition, to protect them from any form of exploitation, cruelty, neglect, and oppression, therefore, this type of work should be decreasing rather than increasing. That being said, the research used the qualitative methodology in its development, presenting information that explains the subject, through primary and secondary sources, such as laws, articles, and news, presenting numbers and measurable information to exemplify the reality and arguments discussed in the process.

State Legislation on Palliative Care: Convergent and Divergent Points

Background: Palliative care (PC) is justified and supported by the Brazilian Federal Constitution of 1988. However, Brazil remains on the list of countries that do not have specific state or federal laws and policies regulating PC in a nationwide context.Objective: To analyzing the legislation on palliative care already available in Brazilian states with a view to comparing them and determining their convergent and divergent points.Methods: A documentary research was carried out on websites and official journals of Brazilian states in search of state laws on PC. A thematic content analysis was performed following the stages of 1) pre-analysis, 2) material exploration and 3) treatment of results, inference and interpretation. Our findings were presented in a table and discussed in terms of convergent and divergent points in state laws on PC.Results: The documentary research identified only seven state laws on PC enacted between the years 2017 to 2021 in the following states: Goiás (GO), Rio Grande do Sul (RS), Rio de Janeiro (RJ), Maranhão (MA), Paraná (PR), São Paulo (SP) and Minas Gerais (MG), respectively.Conclusion: The goal of ensuring early access to PC by patients and their families was the main point of convergence. Guidelines for using the service, profile of professionals, and forms of financing were among the main divergent points.

[State and capital accumulation in Brazilian health from the perspective of the Marxist Dependency Theory].

The health sector is one of the major fields of economic, social, scientific, and technological development in Brazil, and has been the arena of dispute between capitalist interests that regard health as a commodity and advocates of universal access who regard health as an essential good. The Brazilian Federal Constitution of 1988 determined that health is a fundamental right and the State's responsibility, and since then the country has made progress with public policy, but has suffered setbacks and blockages due to its status as a peripheric country, historically subordinated to the interests of core countries, which see Brazil as a broad consumer market. These external interests associated with the internal bourgeoisie have been taking advantage of the Brazilian State since the 1960s, when the foundation of business groups expanded, dominating various health segments, especially since the neoliberal policies of the 1990s. These aspects are much explored in publications in Public Health, but this text seeks a new approach, using the Marxist Theory of Dependency as a reference to analyze, albeit in a preliminary way, the situation of political, economic, and technological dependence that has distanced health policy from the ideals of a public and universal system, defended in the Brazilian Health Reform.

State Property Liability

In this paper, the authors investigated the liability of the state in the Brazilian legal system. To do so, it addresses the different meanings which the word “liability” is used in the Brazilian Federal Constitution of 1988. Moreover, it seeks to grant the State’s Property Liability the logical status of a legal rule. Based on this conception, several consequences were analyzed, especially regarding the provisions of article 37, paragraph 6, of the Brazilian Federal Constitution of 1988 and its sanctioning nature in the system, for the purpose of redressing the violated property.

Administration, management and public governance in brazil

Humanity has been experiencing a constant revolution towards a global culture, having at its core the concern with sustainable development, governance and the social purpose of organizations. This wave towards sustainable capitalism is directly linked to the rhythm of the market, accountability, life cycle of technologies and geopolitical tensions. However, this is not a particularity of the private sector, as it impacts and is directly impacted by the actions and strategies of the public sector. This “command” that strategically dictates public initiatives will be exercised by the principles of good governance, which aim at the public interest. In this sense, the question that was expect to answer in this paper is: how the concepts of administration, management and public governance relate to the principles of legality, impersonality, morality, publicity and efficiency, of article 37 of the Brazilian Federal Constitution in the 21st century? In order to answer this question, a qualitative methodological approach was used and, as for the research objectives, these were given in an exploratory way, as it allowed the use of bibliographic research, based on published and accessible material. In the end, it was concluded that the concepts studied are dynamic in relation to the constant evolution of customs, culture and understanding of social relations.

The Possibility of Protecting and Expanding Capabilities via Fundamental Social Rights: The Brazilian Federal Constitution of 1988

This paper analyses the relation between capabilities (regarding Amartya Sen’s capability approach and development theory) and fundamental social rights ensured in the Brazilian Constitution of 1988. It seeks to answer whether the fundamental social rights guaranteed in the Constitution serve to protect and expand capabilities. Using the deductive analysis method, as well doing a bibliographic review, we first make a brief discussion of Amartya Sen’s theory of development as freedom. After we analyse what are fundamental social rights in Brazil’s legal system and how they operate, they are compared to Amartya Sen’s notion of rights as means and entitlements to capabilities. Finally, we analyse the possibility of protection and expansion of capabilities through those fundamental social rights constitutionally granted. We conclude that fundamental social rights can be means to protect and expand capabilities once they are fully implemented in society. Thus, guarantee of fundamental social rights and its value as entitlements to capabilities cannot be left in the hands of the Judiciary Power as it needs to be observed by all the Public Administration, especially in making public policies.

Considerations about the obstacles to the offer of productive activities in the brazilian penittentiary system

Within these discussions, it is common to reflect on the importance of public policies to promote the prevention of this phenomenon. The Brazilian Federal Constitution of 1988 and the Penal Execution Law confirm that education and work also represent effective mechanisms to promote resocialization of inmates and minimize violence. This research aimed to analyze the difficulties faced by companies and penitentiaries to enable access and to increase productive, activities for the prison population. The methodology used was the narrative literature review produced about this subject, specifically in Brazil, in the last five years. The results obtained by the research reveal that several aspects hinder the expansion of productive activities for the prison population. Inside the penitentiaries it is clear the overcrowding, the lack of resources, the inappropriate infrastructure and the neglect of public power in developing policies for resocialization. The private sector also faces complications such as the lack of instruction and professional qualification of inmates, the consequences of world economic crisis, the absence of State incentive destined to companies which offer productive activities in penitentiaries and the reproduction of stigmas and prejudice towards prisoners and former prisoners. It was concluded that the right to have access to work has been denied to most inmates, therefore, the resocialization, used to legitimize the incarceration policy adopted in Brazil, remains restricted to the theoretical plan.

CULTURAL HERITAGE FROM THE CITY'S PERSPECTIVE

The changes related to the occupation of Brazilian territory that took place in the 70's and 80's brought great transformations and challenges to cities, a fact that triggered the need for organization and management of these territories. From the Brazilian Federal Constitution of 1934, a movement emerged regarding the legal treatment of issues related to urbanism and its cultural heritage. The legal regulations’ evolution process that permeate the cities continued to walk with the Constitution of 1988 and the City Statute (2001), which in turn, guides Brazilian municipalities regarding their public administrations through the Municipal Master Plans. In this way, the study in question is justified based on the issues that permeate cities, with their complex and constantly changing systems. The present research is directed to emphasize theoretical approach studies on cultural heritage through the vision of the city. This work is based on bibliographic research, of a basic nature, as well as presents a qualitative approach to the data collected, and treated from the analytical-synthetic approach method, initially presents the information with a macro view, reducing the analysis to understanding micro of the study object.

Governança das Águas Subterrâneas e a Construção de Indicadores Jurídicos para os Estados Brasileiros

Abstract The 1988 Brazilian Federal Constitution granted a leading role in groundwater governance to the states and the Federal District. However, there are no studies evaluating how these entities conducted this process from a national public policy perspective. The present article aims to identify national legal obligations related to groundwater governance and develop a tool to determine whether the states have appropriately implemented them. Our methodology includes document analysis and interviews. The federal legislation provided standard mechanisms for state management, allowing for structuring a Groundwater Governance Assessment System (SAGAS: the acronym in Portuguese) that comprises 48 primary and 25 secondary indicators. SAGAS is a methodological effort to create a legal indicator to generate comparable and systematized data on states’ environment of governance to help identify management weaknesses.

Discurso e pré-construídos no periódico brasileiro Em Aberto (1985): modos de funcionar de uma memória discursiva

This work analyzes the interdiscourse in the modes of functioning of a discursive memory, focusing on discourses in the fourth issue of Em Aberto journal. From this issue published in 1985, the journal focused its themes on educational issues debated in the constituent process, which culminated in the education chapter of the Brazilian Federal Constitution of 1988. Thus, the research corpus is composed of statements extracted from the introduction of numbers 25 to 28, which make up the fourth Em Aberto issue. Through discursive strategies based on syntactic fitting and transversal discourse and on a proper care of the censorship memories from the dictatorship period, the preconstructed bring paraphrases that soften the clashes contextualization, while at the same time showing an anchorage in the themes organized by Brazilian educators through the Bra-zilian Education Conferences

DIREITOS FUNDAMENTAIS DA PESSOA IDOSA COM A ÉGIDE DO ESTATUDO DA PESSOA IDOSA NO BRASIL

The realization of the rights of the elderly has gained great impetus in the national legal system with the entry into force of the so-called Statute of the Elderly. It is worth noting the effectiveness of the so-called rights inherent to the individual as an international individual, as set forth in the Universal Declaration of Human Rights, and the right to education can be listed, also provided for in the Brazilian Federal Constitution of 1998, article 205. This right is considered as an integral part of the human dignity foreseen also in the constitutional charters of several international states signatory of said Declaration.In turn, the Federative Constitution of Brazil has as one of its principles to ensure the dignity of the human person, equality to all citizens living in its territory, as well as the right to education for all and protection and equal status of person the elderly. Following this premise, it is necessary to determine whether the Statute of the Elderly assures the person aged 60 or over (Sixty) the right to higher education, as well as the priority in educational policy programs for the elderly, and even if the judiciary when provoked.

Syrian Refugees in Brazil: Protection of Human Rights and their Developments

This study will present the issue of Syrian refugees in Brazil, whose immigration event occurs because of the terrible conditions offered in their native country, which makes these individuals seek refuge in other countries, seeking, in addition to a better condition, a life that is worthy. It is understood that the concept of dignified life goes against what is advocated by the Brazilian Federal Constitution, as well as fundamental rights, and even more related to the dignity of the human person. Thus, this article will bring an analysis of the context of this event, which has been happening quite frequently, making Brazil one of the countries that most welcome immigrants in the world. However, one factor draws attention in the middle of this process, as the Covid-19 pandemic has been following the population for more than a year, which makes border controls more rigid. In addition, Brazil, with its native population, is already experiencing various social problems, such as hunger, unemployment, poor distribution of income and gold, which makes us rethink whether the rights and dealings with these refugees are truly effective, in order to welcome and help in the development of a dignified life. The research will have its principle bibliographic reviews, in books, journals and articles referring to the area, in order to bring different standards that can be worked in society and contribute to the scientific community. It is evident that a dignified life is only possible if the guarantees, freedom, equity, and other principles, such as the dignity of the human person, provided by the Federal Constitution are observed. with its native population, is already experiencing various social problems, such as hunger, unemployment, poor distribution of income and gold, which makes us rethink whether the rights and dealings with these refugees are being truly effective, in order to welcome and help in the development of a dignified life. The research will have its principle bibliographic reviews, in books, journals and articles referring to the area, in order to bring different standards that can be worked in society and contribute to the scientific community. It is evident that a dignified life is only possible if the guarantees, freedom, equity, and other principles, such as the dignity of the human person, provided by the Federal Constitution are observed. with its native population, is already experiencing various social problems, such as hunger, unemployment, poor distribution of income and gold, which makes us rethink whether the rights and dealings with these refugees are being truly effective, in order to welcome and help in the development of a dignified life. The research will have its principle bibliographic reviews, in books, journals and articles referring to the area, in order to bring different standards that can be worked in society and contribute to the scientific community. It is evident that a dignified life is only possible if the guarantees, freedom, equity, and other principles, such as the dignity of the human person, provided by the Federal Constitution are observed. Poor distribution of income and gold, which makes us rethink whether the rights and dealings with these refugees are being truly effective, in order to welcome and help in the development of a dignified life. The research will have its principle bibliographic reviews, in books, journals and articles referring to the area, in order to bring different standards that can be worked in society and contribute to the scientific community. It is evident that a dignified life is only possible if the guarantees, freedom, equity, and other principles, such as the dignity of the human person, provided by the Federal Constitution are observed. poor distribution of income and gold, which makes us rethink whether the rights and dealings with these refugees are being truly effective, in order to welcome and help in the development of a dignified life. The research will have its principle bibliographic reviews, in books, journals and articles referring to the area, in order to bring different standards that can be worked in society and contribute to the scientific community. It is evident that a dignified life is only possible if the guarantees, freedom, equity, and other principles, such as the dignity of the human person, provided by the Federal Constitution are observed. The research will have its principle bibliographic reviews, in books, journals and articles referring to the area, in order to bring different standards that can be worked in society and contribute to the scientific community. It is evident that a dignified life is only possible if the guarantees, freedom, equity, and other principles, such as the dignity of the human person, provided by the Federal Constitution are observed. The research will have its principle bibliographic reviews, in books, journals and articles referring to the area, in order to bring different standards that can be worked in society and contribute to the scientific community. It is evident that a dignified life is only possible if the guarantees, freedom, equity, and other principles, such as the dignity of the human person, provided by the Federal Constitution are observed. Keywords: Refugees; Syria; Human rights; Dignity of human person; Warranties.

Brazil's new fish farming Decree threatens freshwater conservation in South America

Aquaculture has tremendous importance in providing food for a growing world population. Nevertheless, unsustainable aquaculture causes nutrient buildup and favors biological invasions in natural habitats, demanding strategies to regulate such activity and therefore minimize environmental risks. Contrary to these concerns, the Brazilian Government has recently issued a new Federal Decree (10576/2020) encouraging the farming of invasive non-native species and excluding the Ministry of Environment from the legal process of issuing fish farming permits in reservoirs. The Decree increases the risk of non-native species establishment in inland waters at a national level and their propagation into neighboring countries, such as Argentina, Bolivia, Paraguay, and Uruguay. These consequences will endanger preserved freshwater ecosystems in the continent, including their native biodiversity, which represents both a problem of national sovereignty and a threat to the fundamental human right for a healthy environment. For this reason, the Decree contradicts the Brazilian Federal Constitution and conflicts with international treaties regulating invasive species and promoting sustainable development. It calls for immediate legal action and is yet another unfortunate sign of the increasing gap between science and decision making that has plagued the country in recent years.

The interface between Master Plan and Educating Cities: an alternative for planning post-pandemic cities

This research seeks to understand the possibilities of qualitative urban changes in urban space, which municipal master plans can enhance through the application of precepts outlined by the 2030 Agenda and educating cities according to the International Association of Educating Cities, conceived after the COVID-19 pandemic. Initially, this study presents and expands the tacit and informal knowledge that transforms the adjuvant urban space into the informal education process, complementary to the explicit knowledge that the official curriculum contents address. It shows that urban space, as a social instance, extrapolates its physical materiality and contains symbols and signs that enable rereading the culture that built it, also revealing historical moments and techniques that have transformed it over time, making the city an enormous classroom, decisively inducing the construction of citizenship. It evidences the advantages of treating the city planning and management from the standpoint of education for all, touching on social encounters as a way to promote alterity, politicize urban life, and exchange knowledge, noting that the Brazilian Federal Constitution requires public participation in the very preparation of master plans. Methodologically, the research supports all knowledge made explicit, presenting references from several renowned authors, and evidences some singularities of the spaces regarding the coexistence in the urban environment. During and after the pandemic, the municipal master plan, taking space as a social instance that educates for sustainability, as proposed in the 2030 Agenda, will assuredly be one of the structuring axes of quality of life in the post-pandemic period.

WOMEN

The present paper delimited as a general objective to analyze the theme of women in relation to discrimination, violence and struggles in contemporary Brazil. This is a qualitative work, with a bibliographic nature, in which we revisit studies that deal with women and their struggles for insertion in the labor market, as well as the current conditions for the insertion of women in the commercial field. The relevance of our study lies in the current condition of women, who, according to the Brazilian Federal Constitution (1988), have the same rights as men, and it is necessary to discuss the subject. Given the degree of vulnerability of women in the context of domestic and family violence, it is of paramount importance that studies be developed that focus on ways to protect women against all forms of violence, bringing in their scope a range of possibilities for reflection. Our results pointed to a great scarcity that still exists in work opportunities for women, but despite the great discrimination, violence and struggles, in the twelfth century they have been gaining insertion and representation.

INCONFORMIDADES E AÇÕES CORRELATAS EM PORTOS-SECOS SITUADOS NA REGIÃO METROPOLITANA DE SÃO PAULO, TRIÊNIO 2016-2018

Busca-se no presente artigo compilar as inconformidades encontradas nos portos-secos situados na Região Metropolitana de São Paulo, no triênio 2016-2018. Contextualizam-se no texto as ações preventivas e corretivas adotadas pelas equipes de fiscalização dos contratos afetos a esses recintos aduaneiros. As fontes primárias que serviram de apoio à pesquisa foram as seis edições semestrais, concernentes ao período em apreço, do Relatório Consolidado de Acompanhamento da Execução Contratual - Relac, avaliado pelo Tribunal de Contas da União - TCU. Diante disso, verificou-se nas edições observadas do Relac um potencial que vai além da interface do controle externo, vinculado ao TCU e ao Congresso Nacional pelo art. 71 da Constituição Federal. Nelas, por meio da dinâmica dos processos de comunicação entre os fiscais de contrato e os permissionários, propicia-se uma via direta e imediata de aprimoramento dos serviços públicos.

Decisão de admissibilidade da denúncia no Superior Tribunal de Justiça: uma pesquisa quali-quantitativa

Trata-se de análise de discurso do Superior Tribunal de Justiça (STJ) em relação ao juízo de admissibilidade da denúncia. Busca-se entender se a jurisprudência do STJ encontra eco no texto constitucional quanto à necessidade de fundamentação das decisões judiciais. Foram levantados 107 julgados no interstício de 2008 a 2019, em que se pretendeu compreender a evolução no entendimento jurisprudencial a respeito da necessidade de fundamentação da decisão de recebimento da denúncia após a edição da Lei n. 11.719/08. A metodologia utilizada é de caráter quantitativo e qualitativo. O estudo aponta que o STJ vem apresentando uma resposta inadequada ao texto constitucional, pois o juízo de admissibilidade como decisão judicial requer uma fundamentação à luz do art. 93, IX, da Constituição Federal e do art. 315 do Código de Processo Penal.