Brazilian Justice Research Articles

CUMPRIMENTO DE SENTENÇA EM LOCAIS DOMINADOS PELO TRÁFICO DE DROGAS

This textual production deals with the inefficiency of the State in enforcing sentences in areas dominated by drug trafficking due to the high degree of dangerousness. For the most part, for reasons of preserving their physical integrity, court officials decline their duties and, any right recognized in a sentence ends up having no effect in practice, not because there was no recognition from the judiciary, but rather because of the lack of State control and mechanisms that enable civil servants to enter the regions and comply with intimidation mandates. In this sense, it is concluded that Brazilian justice is in fact only present in places where state power still has control, residents and rights holders who are in risk areas end up being unaware of the effects of justice.

HOMICÍDIOS DOLOSOS E SUA IMPUNIDADE: CAUSAS E POSSÍVEIS SOLUÇÕES NO ÂMBITO JURÍDICO

According to the definition in Article 121 of the Brazilian Penal Code, intentional homicide refers to a criminal act with the intent to kill. This type of crime is one of the most severe offenses outlined in the penal legislation, given its irreversible impact on human life. The impunity in cases of intentional homicide is a multifaceted issue that involves legal, institutional, and social aspects. The problem of intentional homicides and impunity is a significant challenge in Criminal Law. This thesis will focus on exploring the reasons for impunity in cases of intentional homicide from a legal perspective and propose legislative solutions to the problem. The issues investigated pertain to the field of Criminal Law and are also relevant to Procedural Criminal Law due to the unique characteristics of the procedures in investigating and judicially examining these crimes. The research question under investigation is: "What are the causes of impunity in intentional homicides in Brazil, and what legal solutions can be implemented to address the issue?" This study is motivated by the need to improve the efficiency of the Brazilian justice system concerning the adequate punishment of perpetrators of intentional homicide.

Difficult decisions and possible choices: Rare diseases, genetic inheritance and reproduction of the family

This article sets out to explore the dilemmas present in the reproductive practices of people affected by rare hereditary diseases, focusing on the use of diagnostic tests and the practice of genetic counselling in Brazil. The development of technologies capable of mapping ‘genetic flaws’ prior to conception or in prenatal consultations has led researchers to consider how these technologies may be shaping contemporary subjectivities related to kinship and guiding reproductive decisions based on knowledge of our ‘genetic heritage.’ Genetic counselling has emerged in this setting as a modality of health knowledge and information capable of assisting people, especially women, in their reproductive choices. In Brazil, access to these technologies and their use has proven to be unequal and heterogeneous. I argue that the idea of ‘choice’ that permeates genetic counselling needs to be problematized by considering the social, cultural, economic, affective and moral frameworks in which women are inserted and that inform and/or determine their reproductive decisions. Based on this premise, I analyse how families ‘at risk’ of rare hereditary diseases deal with the idea of ‘genetic inheritance’ in relation to the ‘wish to have children’, and the impasses surrounding the idea of ‘informed choice’ when we evaluate this rhetoric in the context of the shortfalls in access to healthcare and the limits to reproductive justice in Brazil.

ANÁLISE DOS PRESSUPOSTOS DA RESPONSABILIDADE CIVIL DOS BANCOS NOS CONTRATOS DE VENDAS CASADAS

This paper explores the concept of moral and material damages, highlighting their compensatory, punitive and preventive functions, with a focus on the application of the law in cases of defective services in the Brazilian legal context, especially in the Small Claims Courts of Amazonas. It analyzes the historical development of consumer law and the role of Small Claims Courts in promoting swift and accessible justice, highlighting the importance of the principles of transparency, objective good faith and equity in consumer relations. The research uses a doctrinal and jurisprudential approach to demonstrate the effectiveness of tied selling as a tool to curb harmful practices and relieve the burden on the judicial system, promoting a fairer and more responsible business environment. It is concluded that the rigorous application of punitive damages contributes significantly to the protection of consumer rights, strengthening the civil liability system and social justice in Brazil.

O CÓDIGO DE PROCESSO CIVIL NA FORMAÇÃO DOS PRECEDENTES NO BRASIL

True precedent, the result of a scientific method of judgment, is adopted in countries with the Common Law legal system, which is based on customs. In line with global concepts that seek to converge the two main legal systems in the world – Common Law and Civil Law –, the Brazilian legislator included the use of precedents in article 926 of the 2015 Code of Civil Procedure. The objective is to promote legal certainty, standardize judicial decisions, reduce litigation and increase the credibility and efficiency of the Brazilian justice system. However, due to other provisions included in the Code of Civil Procedure and the divergent interpretation of the Judiciary in relation to the adopted system, Brazilian precedents have not yet fully achieved this purpose, requiring further study and possible adjustments by legal practitioners and the Legislature, whose intention is to discourage litigation.

A IMPERATIVIDADE DA TEORIA DO DESESTÍMULO EM SERVIÇOS DEFEITUOSOS: UMA ANÁLISE DA JURISPRUDÊNCIA DAS TURMAS RECURSAIS DO JUIZADO ESPECIAL CÍVEL DO ESTADO DO AMAZONAS

The paper explores the concept of moral damage, highlighting its compensatory, punitive, and preventive functions, with a focus on the application of the deterrence theory in cases of defective services within the Brazilian legal context, particularly in the Special Civil and Criminal Courts of Amazonas. It analyzes the historical development of consumer rights and the role of Special Courts in promoting swift and accessible justice, emphasizing the importance of transparency, good faith, and equity principles in consumer relations. The research employs a doctrinal and jurisprudential approach to demonstrate the effectiveness of deterrence theory as a tool to curb harmful practices and alleviate the judicial system, fostering a fairer and more responsible business environment. The study concludes that the strict application of punitive damages significantly contributes to the protection of consumer rights, strengthening the civil liability system and social justice in Brazil.

The police investigation is illegal and illegitimate

The Public Prosecution Service, which is the exclusive holder of public criminal action and external control of police activity, among other duties, and the police are responsible for investigating criminal offenses. That said, the aim of this research is to demonstrate that the Public Prosecution Service has been treated as a mere opinion-forming body in criminal cases, given the understanding of criminal judges and also of the Legislative Branch, contrary to the Federal Constitution of 1988. In this regard, the Code of Criminal Procedure places the Public Prosecution Service in a situation of non-ownership in the conduct of cases, through various provisions of this code, when, notably, it allows the criminal judge to superimpose his decision on the theses of the Public Prosecution Service. As far as the legislative branch is concerned, the enactment of laws still does not respect the 1988 constitutional provision on the role of the Public Prosecution Service. In addition, external control of police activity must guarantee the constitutional legality and legitimacy of the greatest instrument for investigating crimes, the Police Inquiry, according to Article 129, VII of the Brazilian Federal Constitution. The absence of external control compromises the quality of evidence and the effectiveness of criminal justice, confirming the urgent need to implement regulatory mechanisms that ensure efficient control of police activity, resulting in improvements in public safety and, above all, in the legitimacy of the Brazilian justice system.

Juvenile Justice in Brazil

The evolution of juvenile justice in the shadow of Brazil’s military dictatorship tells a stark story, in which the art of exclusion was perfected.

Restorative justice in Brazil: does it provide a place for community involvement and a path to penal abolition?

Abstract This article addresses the major criticisms of Brazilian restorative practices, which mainly focus on the offender and are shaped by the idea of punitivism. In this scenario, it is crucial to understand the centrality of Judicial Power in the implementation of restorative justice. That this approach risks refreshing old practices of criminal justice, under the cover of innovative discourses, is widely ignored. Such consequences have become reality, with recent research highlighting the absence of the victim, the individualization of the conflict and the lack of debate on the context of structural injustices prior to the conflict. We argue that the exclusion of the community and limited involvement by civil society might be the biggest obstacles for the inclusion of restorative justice in the development of a Brazilian transformative justice towards an abolitionist future.

Social participation and mobility justice in Brazil

Resumo Na busca por uma mobilidade urbana mais sustentável e justa, os debates acadêmicos têm considerado a participação da sociedade como um componente fundamental no planejamento de transporte e mobilidade. No entanto, pouco se discutiu sobre o papel da participação na justiça da mobilidade no Sul Global, onde a mobilidade nem sempre é justa e inclusiva. Diante desse cenário, este artigo adota um referencial teórico e metodológico inovador para investigar as práticas, as dinâmicas e os significados da participação dentro e fora do planejamento da mobilidade estatal no Brasil. As descobertas do Rio de Janeiro e de Porto Alegre fornecem evidências sobre diferentes espaços de participação e sua importância no combate a injustiças da mobilidade em assentamentos informais.

Impact of the fourth industrial revolution on access to justice in Brazil

Impact of the fourth industrial revolution on access to justice in Brazil

The jurisdiction of Military Justice in Brazil

In the scenario of the Brazilian justice system, the discussion surrounding the Homeland Military Justice emerges as a crucial point, often relegated to silence in our country's debates. Surprisingly, even within the military sphere, the subject remains in a state of relative obscurity, lacking a more profound and scientifically grounded approach. The time has come to align the practiced experience in military life with a thorough theoretical analysis, thus seeking to dissipate the aura of mystery surrounding this topic. In this context, the present study assumes a prominent role by proposing to rigorously analyze the competence of the Union Military Justice in the judgment of civilians in times of peace. With this purpose, the investigation is guided by a question of high relevance: to what extent does the competence of the Union Military Justice to judge civilians in times of peace align with the fundamental precepts established in the Constitution of the Federative Republic of Brazil? By exploring this intricate path, the aim is not only to promote a profound reflection on the subject, but also to contribute to the enrichment of the national legal panorama. The integration of practice and theory emerges as a powerful tool to elucidate the nuances of this competence, facing the challenges that arise and paving a more solid ground for future debate. Therefore, it is under this premise of deepening and clarification that this study proposes to navigate the intricacies of the Union Military Justice, unveiling the foundations that govern it and investigating its consonance with the constitutional principles that govern our nation.

Racial (In)justice in Brazil: Reconstructing the Subaltern Memories of Poor and Black Women in the Brazilian Dictatorship

ABSTRACT The Brazilian military-corporate dictatorship faced the resistance and mobilization of several marginalized groups. In this article, we reconstruct the subaltern memories of Black and poor women from the outskirts of São Paulo who participated in Christian Base Communities and the Cost-of-Living Movement, and we show how their mobilization was supported by social movements across the country. Despite their dimension and impact, a report by the Brazilian National Truth Commission fails to recognize their role in the country’s democratic transition and the violence suffered by marginalized groups. These memories support a reflection on the myth of ‘racial democracy’ in Brazil as a general denial of racial violence throughout the country’s history, which leaves intact its structures of injustice. We argue that the reconstruction of subaltern memories can have a significant impact on transitional justice and recover their critical role in democracy.

Human Rights and Transitional Justice in Brazil: An Empirical Analysis of the Socio-Economic Profile and Education of Military Regime Supporters

Human Rights and Transitional Justice in Brazil: An Empirical Analysis of the Socio-Economic Profile and Education of Military Regime Supporters

Rewarded Cooperation Administered by the Public Prosecutor’s Office and Their Impact on the Right to Defense in the Brazilian Justice System

Rewarded Cooperation Administered by the Public Prosecutor’s Office and Their Impact on the Right to Defense in the Brazilian Justice System

Fatores que aumentam o tempo do processo judicial no Brasil

Abstract Judicial delay in Brazil is a severe and persistent problem. This work helps to understand the causes of this issue, by identifying and discussing 12 factors that increase the length of the judicial process in the country. These factors were identified through content analysis of interviews with 15 key players in the Brazilian justice system, including judges, prosecutors, and lawyers. Each factor was discussed based on academic literature, official reports, and performance indicators. The research findings show that factors such as the low cost of filling, the absence of punishment for repetitive litigants, and tax foreclosures promote an overload of processes in the courts. The Judiciary also seems to be burdened with attributions beyond the jurisdictional function, such as collecting evidence and locating debtors and assets. The excess of disputes and assignments has made the Brazilian judicial machine large, slow, and expensive. Public policies to reduce judicial delays in the country are suggested.

Interreligious Dialogue and Gender Justice in Brazil

AbstractThis article reflects on the context and experiences of the project Advocacy for Gender Justice in Facing Fundamentalism, which has been developed in the ACT Brazil Ecumenical Forum (Fórum Ecumênico ACT Brasil: FEACT Brazil) since 2021. The article discusses the reality of growing violence, feminicide, and religious fundamentalism in Brazil, underlining the importance of analyzing the root causes and effects of religious racism. Seeing through an intersectional lens, the article reflects on key dimensions of gender justice and proposes strategies to confront domestic violence as well as other forms of violence. Finally, it reflects on the history of five “Ecumenical and Interreligious Journeys” as an important space of dialogue, collaboration, and networking.

Development of artificial intelligence in the AI-Mandamus project: elements of developed know-how

This paper aims to identify and examine elements of the development and application of Artificial Intelligence (AI) solutions in the context of the Brazilian Judiciary (PJ). The primary focus is on the AI-Mandamus project, a result of the collaboration between the University of Brasília and the Court of Justice of Roraima (TJRR), which aims to generate and issue certain types of judicial orders (warrants) for compliance with determinations made by TJRR judges. The AI-Mandamus was conceived after studies on judicial logistics conducted by the Lab DR.IA at the University of Brasília, in response to one of the bottlenecks identified in the judicial process: the generation, issuance, and execution of judicial orders (warrants). This paper will provide context and applications of AI in the Brazilian justice system, detailing part of the development of AI-Mandamus, which consists of two AI robots that read judicial documents and generate orders, integrating with the central system for their execution. The exploratory methodology of the study was based on primary sources generated during the development of the tool, supplemented by secondary sources to support the decisions of the development team. The relevance of the participation of legal experts in all stages of AI development was demonstrated, as well as its significance as a mechanism for improvements in the forensic routine.

Brazilian Transnational Normative Entrepreneurship on RWP and welcoming of Venezuelan Refugees

The present study aims to analyze the gap between the position of the International Relations of the Federative Republic of Brazil towards the conceptual enlargement of the institute of the Responsibility to Protect (R2P) to Responsibility while Protecting (RwP), practiced while addressing the case of Muammar Gaddafi’s Libya, towards the current situation of Venezuelan refugees on Brazilian borders and the judicial decision on closing borders, appreciated at appeal level by the regional section of Federal Justice in Brazil. Brazilian Foreign Relations, in an exercise of normative entrepreneurship, presented Responsibility while Protecting as an alternative to R2P, in the sense that, as humanitarian intervention shall be taken as ultima ratio, measures to reestablish peace and development in affected States must be a priority of action on an international level, deviating from the use of force. However, in a moment when a neighboring country goes through a political crisis that attracts the attention of great powers to the possibility of intervening, Brazil fluctuates between positioning itself favorably to the welcoming of refugees and, at the same time, judicially closing borders. Thus, it might be that RwP can be considered as a mere exercise of political theory an international level. The position the Brazilian State adopts when the responsibility while protecting – an institute of Brazilian initiative – crosses our borders is somewhat different from its discourse towards it.

ONLINE DISPUTE RESOLUTION MECHANISMS IN BRAZILIAN LAW

This article aims to investigate the possibility of using online consensus mechanisms and their applicability as an adequate response to conflicts of interest, based on the application of public policy established by Resolution n. 125/2010 of the CNJ. From this contextualization, the question is: what are the online mechanisms for conflict resolution? Would they be a legally viable option in the Brazilian legal scenario? How would it be properly used? It is assumed that it is possible to use online consensual means of conflict handling, as they are tools capable of facilitating communication between the parties and are supported by Brazilian law. In line with the problem of research and hypothesis, is the general objective, which is to investigate what online dispute resolution are as mechanisms for access to justice in Brazil in the face of the application of Resolution no. 125 of the CNJ. As a result of the main objective, the following specific objectives were elaborated: a) to describe the Judicial Policy for the treatment of conflicts of interest in Brazil and to analyze the fundamental principle of access to justice; b) explain what ODR’s are, analyzing the legislation that supports their application in Brazilian law; c) consider the implementation of online mechanisms in Brazil, examining some aspects related to the social transformations experienced from the information age. In order to fulfill the proposed objectives, the deductive method and the monographic procedure method will be used.