Brazilian Legal System Research Articles

RESPONSABILIDADE DE INDENIZAÇÃO POR ABANDONO AFETIVO PARENTAL

This research focuses on the study of repairing damages resulting from emotional abandonment, considering the application of Civil Liability. Although emotional abandonment is not explicitly regulated in the Brazilian legal system, doctrine and jurisprudence have shown an increasingly favorable and positive understanding. The study on the topic seeks to define the concept of family entity in an updated way, in addition to recognizing that human identity is influenced by the relationships and bonds we form throughout life. In the family context, these bonds are even more valuable, since it is through the family, especially in the first stages of life, that the individual develops a sense of belonging, learns to relate, form emotional bonds and develops the capacity for trust. and coexistence. Thus, civil compensation for moral damage resulting from emotional abandonment through compensation is appropriate, in addition to considering alternative measures that can be applied cumulatively to compensation by judges.

CIBERCRIMES: ESTELIONATO VIRTUAL NO DIREITO BRASILEIRO

The research addresses the topic of cybercrimes, focusing on virtual fraud in the context of Brazilian law. The main objective is to analyze the elements that make up the practice of virtual fraud, investigating its insertion in the Brazilian legal system and the evolution of the rules that govern this crime. In addition, the research discusses the emergence of virtual fraud, its distinctive characteristics and the punishments provided for in current legislation. The study also seeks to understand virtual crimes in Brazil and evaluate preventive measures aimed at victims, aiming to reduce and inhibit the practice of this crime, which has grown with the digitalization of everyday transactions. Strengthening digital education policies and creating protection mechanisms for users, especially the most vulnerable, are strategies that should be adopted in conjunction with the application of criminal laws. The conclusion highlights the need for more effective educational and legal policies to mitigate the damage caused by this type of fraud in the cyber environment.

FROM THE TRAFFICKERS TO THE OUTSKIRTS: DOMINATION, RESISTANCE AND STRUGGLE

This article examines the subordination of the black population in Brazil from the colonial period to the present day, highlighting the persistence of racist legislation in the Brazilian legal system and the marginalization of Afro-Brazilian voices in literary historiography. Using the interdisciplinary approach of Law and Literature, the research analyzes divergences and convergences in the treatment of Afro-descendants throughout Brazilian history, focusing on the short story A escrava, by Maria Firmina dos Reis. It is argued that Firmina's exclusion from canonical historiographies is a reflection of a political-ideological project rooted in Brazilian Romanticism, whose purpose was to sustain an elitist and Eurocentric national identity. The study concludes by defending the implementation of an anti-racist education, based on Law 10.639/2003, as a way to decolonize knowledge, promoting representation and recognition of Afro-Brazilian contributions in the literary, historical and cultural spheres.

RECONHECIMENTO DA FILIAÇÃO SOCIOAFETIVA PELA VIA EXTRAJUDICIAL E A INFLUÊNCIA NAS NOVAS FORMAS DE FAMÍLIA

The research will address the recognition of socio-affective filiation through extrajudicial means and its influence on new family forms. The general objective of this study is to analyze the impact of the extrajudicial recognition of socio-affective filiation on new family configurations, focusing on legal and social issues. Specifically, it seeks to: discuss the evolution of the concept of filiation in the Brazilian legal system; evaluate the implications of Provision No. 63/2017 of the CNJ in the formalization of parental bonds; and investigate the possible conflicts and challenges related to multi-parenthood and the rights of those involved in this process. The central problem that guides this research is to understand how the extrajudicial recognition of socio-affective filiation, established by Provision No. 63/2017, influences new family forms in Brazil. Therefore, the recognition of socio-affective filiation through extrajudicial means, in addition to being a milestone in the adaptation of the Law to social changes, reinforces the importance of continuing to reflect on the challenges and implications of this innovation in the legal system and in contemporary family relationships. The research is bibliographical, using articles, doctrine and legislation on the subject as sources.

A tutela provisória de indisponibilidade de bens no regime da lei de improbidade administrativa

This study aims to analyze the constitutionality of the current regime of provisional protection of unavailability of assets, sanctioned in the Brazilian legal system by Law n. 14,230/2021. The methodology used in the investigation was descriptive-exploratory, with emphasis on the analysis of the legal arguments built over the last 20 years by doctrine and jurisprudence. Firstly, the contours of administrative impropriety in the national order and the jurisprudential, doctrinal and legal aspects related to the precautionary measure of unavailability of assets in actions of improbity were presented. Next, the essential characteristics of precautionary measures within the scope of Civil and Criminal Procedure were discussed, which contributed to the analysis of the constitutionality of the current regime of provisional protection of unavailability of assets. Finally, in the last topic, an analysis was made of the constitutionality of the new regime of provisional protection of unavailability of assets in actions of administrative improbity, concluding that the new legal device, which demands the presence of the double requirement of precautionary measures (fumus boni iuris and periculum in mora), is the one that best conforms to the legal principles in force in the Brazilian normative system.

O IMPACTO DA INTELIGÊNCIA ARTIFICIAL NA SOCIEDADE DIANTE DA LEI GERAL DE PROTEÇÃO DE DADOS: A LIMITAÇÃO JURÍDICA DA INTELIGÊNCIA ARTIFICIAL DIANTE DA LEI Nº 13.709/18

This is a scientific article whose theme is the impact of artificial intelligence on society in light of the General Data Protection Law. The LGPD defines the liability of data processing agents, who are controllers and operators, for damages caused by the exercise of the processing activity, in a manner similar to the system of the Consumer Defense Code (CDC). By providing citizens with rights over their data, the LGPD also tends to increase public transparency regarding data collection and analysis. Thus, it will not be restricted to private companies; in the public sphere, the State will also have to be clearer about how it handles citizen data. The aforementioned law establishes rules for the storage, sharing, use, and collection of citizen data, whether by public or private companies. The article aims to demonstrate how the uncontrolled use of artificial intelligence affects society as a whole, such as the new personal data protection legislation, protecting users and democracy, as well as highlighting the main difficulties faced by companies in the process of adapting and complying with the LGDP standards and the legal limitations of Artificial Intelligence. As a theoretical basis, articles, conventions and laws that corroborate the Brazilian legal system were adopted. The methodology used was a descriptive and exploratory literature review.

O TRÁFICO INTERNACIONAL DE PESSOAS PARA FINS DA EXPLORAÇÃO SEXUAL NO BRASIL

This paper aims to analyze international human trafficking for sexual exploitation in Brazil. This crime represents not only a vulnerability on the part of the victims of this crime, but also, and mainly, a failure of the State towards them. This criminal offense predomitantly affects those who are marginalized from society, who are lured by the promise of a change in their lives, of fulfilling a dream that would be unattainable in their home country due to their reality. Criminals demonstrate that in a given country it is fully achieved. Therefore, this study seeks to understand how this practice has occurred over time and with Brazilian legislative developments regarding protection standards. Justifica-se a análise, pois a sua incidência vem crescendo cada vez mais. Brazil will be analyzed since it is considered a supplier of women, trans people and children for this market, aiming to understand how the practice of this crime is typified in the Brazilian legal system, and what public policies have been developed; and also to analyze the international agreements of greatest relevance to the subject, the main one being the Palermo Convention. To this end, the work developed is the result of qualitative research that used the deductive method, through documentary and bibliographical research, statistical analysis and the verification of some operations carried out by the State. Finally, it can be concluded that the study and understanding of this theme is extremely important for the prevention of human trafficking.

A REGULAMENTAÇÃO DA INTELIGÊNCIA ARTIFICIAL E SEUS IMPACTOS NO DIREITO

The introduction of this research deals with the regulation of artificial intelligence (AI) and its impacts on the Brazilian legal system, with an emphasis on the areas of civil, criminal and labor law. The study analyzes how the growing presence of AI in social and economic relations requires the creation of legal guidelines that protect fundamental rights, such as human dignity, privacy and equality. In civil law, issues of liability for damages caused by AI, protection of data and automated contracts. In criminal law, the focus is on the use of AI both to prevent crimes and to commit illegal acts, which requires the creation of specific regulations to prevent abuses and guarantee criminal liability. In relation to labor law, the research explores how automation driven by AI can transform the job market, threatening jobs and increasing the need for legal protections for workers. The research adopts an integrative literature review methodology, seeking to identify the main challenges and risks associated with the use of AI. This includes ethical issues, such as algorithmic discrimination and the lack of transparency in automated decisions, as well as debating the need for a regulatory framework that balances technological advances with the protection of fundamental rights. AI, while promising, presents challenges that need to be addressed through effective regulation to ensure innovation occurs safely and fairly.

O FENÔMENO DA MUTAÇÃO CONSTITUCIONAL: IMPLICAÇÕES DE SUA APLICABILIDADE NO ORDENAMENTO JURÍDICO BRASILEIRO COMPARADO AO ORDENAMENTO JURÍDICO ARGENTINO

This research addresses the analysis of Constitutional Change in relation to the Brazilian legal system compared to the Argentinian legal system. In this sense, it is essential to fail to investigate the possible conflict between the national sov- ereignty of the States involved in the research and the Inter-American System for the Protection of Human Rights. The problem centers on the possibility of there being a change in the appli- cation of constitutional norms without changes to their text and thus a significant change oc- curring that alters the life of society in a substantial way without the Constitution being changed. Constitutional mutation is supported by the condition of the evolution of the society that the constitution itself governs, that is, that the constitution does not need to change its text, an interpretation in accordance with the aspirations of that society is sufficient, since the Consti- tution of a nation It is nothing more than the will of the people.

LEGAL TREATMENT OF THE ANTISOCIAL CONDOMINIUM OWNER IN THE LIGHT OF THE CIVIL CODE

In this article, the rights and duties of the condominium owners and the legal solutions for antisocial behavior in the condominium environment were addressed, based on Brazilian legislation, specialized doctrine and judicial decisions. The objective was to understand the limitations and responsibilities of the condominium owners, analyzing how the Brazilian legal system regulates the coexistence in building condominiums. For this, a qualitative approach was used, based on documentary and jurisprudential analysis, focusing on cases judged by the Courts of Justice of São Paulo and Minas Gerais. The results of the research indicate that the legislation provides for the exclusion of the antisocial condominium owner in extreme situations, provided that the legal requirements are respected, such as the qualified quorum for deliberations. It is concluded that, although exclusion is a possible measure, it should be applied only as a last resort, and condominium coexistence requires constant mediation between the exercise of individual rights and collective interests.

AS DIFICULDADES DA EFETIVA IMPLANTAÇÃO DO JUIZ DE GARANTIAS NO JUDICIÁRIO BRASILEIRO

The Law 13.964, of December 24, 2019, known as the Anti-Crime Package, introduced into the current Brazilian Code of Criminal Procedure the institution called the judge of guarantees, aiming to provide greater impartiality in judgment throughout all phases of criminal prosecution, as there will be one judge for the inquisitorial phase (police/investigation) and another judge for the procedural phase, thus improving the accusatory system in the legal framework. This institution gained special prominence after the judgment by the Supreme Federal Court (STF) of the four Direct Actions of Unconstitutionality (ADIs 6298, 6299, 6300, and 6305). From these rulings, it was defined what is constitutional and what is unconstitutional in Law No. 13.964/2019, as well as being considered a mandatory rule establishing a deadline for the implementation and operation of the judge of guarantees throughout the country. The issue to be analyzed will be whether the Brazilian legal system is prepared for the implementation of the judge of guarantees? The general objective will be to understand the structural, budgetary, and staffing difficulties, as well as the legislative competence dialectic regarding the implementation of the judge of guarantees in the Brazilian judicial system, for its effective implementation within the deadline established by the Supreme Federal Court. The specific objectives are to assess the obstacles and difficulties in the physical structures of courts and judicial divisions, point out budgetary difficulties, and the challenges related to the number of court and division staff. The methodology will follow the deductive method, using bibliographic research, with an exploratory objective, qualitative approach, basic nature, and systematic literature review, encompassing academic articles, books, and legal documents.

LEGITIMAÇÃO, PROCEDIMENTO E FUNDAMENTAÇÃO DAS DECISÕES JUDICIAIS

This academic article intends to analyze the relation between Niklas Luhmann's theory of Legitimation by procedure and the need to substantiate judicial decisions, in order to answer whether judicial substantiation is a requirement for legitimation in Niklas Luhmann's systems theory and in accordance with the Brazilian legal system (also from a procedural perspective). To facilitate reading and understanding, some definitions regarding the concepts used by the German author in his work will be briefly provided throughout the text, which will certainly help the reader to understand the proposal and conclusions of this article.

DESAFIOS JURÍDICOS NA REGULAMENTAÇÃO DAS CRIPTOMOEDAS SOB A CONSTITUIÇÃO BRASILEIRA

The research addresses the "Legal Challenges in the Regulation of Cryptocurrencies under the Brazilian Constitution", with the objective of analyzing the legal difficulties related to the regulation of cryptocurrencies in the country. In addition, it seeks to investigate how these digital currencies align with constitutional principles, examine their impact on the Brazilian economy and the security of the business environment, and propose recommendations for adequate regulation. The research problem can be summarized in the following question: In what way does the regulation of cryptocurrencies, in light of the Brazilian Constitution, influence the individual guarantees of citizens and the legal security of the system? The regulation of cryptocurrencies in Brazil presents significant challenges in the legal and constitutional context. Although these virtual currencies play a growing role in the global economy, their decentralized nature, lack of state control, and volatility generate uncertainties that directly affect the Brazilian legal system. The research uses a bibliographical approach, based on academic studies, doctrines, and legislation, aiming to offer a critical view on the subject and contribute to the legal debate around cryptocurrencies in the national scenario.

A USUCAPIÃO EXTRAJUDICIAL NO ORDENAMENTO JURÍDICO BRASILEIRO: ALTERNATIVA PARA SOLUÇÃO DE LITÍGIOS

This paper refers to scientific production that has as its theme extrajudicial usucaption and specifically addresses extrajudicial usucaption in light of the Brazilian legal system. Its main objective is to study extrajudicial usucaption as a form of original acquisition of real estate. Its objective is to demonstrate the dejudicialization of the process and, consequently, provide protection, relieving the burden on Brazilian courts, allowing the process to be expedited, which is much more effective than the judicial one, when analyzing the time factor. It is correct to state that extrajudicial usucaption has a greater advantage because it is permeated by less bureaucracy and it is possible to do it without the traditional route, which is the judicial one and, therefore, based on the reduction of bureaucracy, through the registration of real estate. The extrajudiciality process emerges in the Brazilian legal scenario as an alternative to resolve part of the delay in the Judiciary, existing due to the large number of lawsuits. Therefore, the use of the extrajudicial option gives the Judiciary conditions to deal with the issues that effectively justify its action. The general objective of this study is to identify the function of extrajudicial usucaption in Brazil and its socioeconomic impacts. The methodology used was a qualitative bibliographic review, using a deductive method, with a monographic approach and exploratory research.

THE BRAZILIAN LEGAL SYSTEM AND THE INTERNATIONAL ENVIRONMENTAL PRINCIPLES

This article aims to analyze the environmental principles established in the international order and recognized by the Brazilian legal system, in particular the 1988 constitutional text, with the aim of evaluating the effects of international legislation with regard to environmental matters, based on verification of a staggered and more accentuated regulatory development in the environmental field. The aim was to define the parameters of the new world economic order and the importance attributed to the outstanding principles of precaution, sustainable development and prevention, with a view to consolidating a relevant tool for promoting environmental protection. In this sense, by synthesizing a study on the adoption and adequacy of the principle elements of the international environmental order, an investigative aspect is created to promote awareness of the primacy of an environment that receives collective care both at a global and national level. The strengthening of international environmental law was also a concern of this article, even though it was a brief analysis, so that it shows the exact notion that the issue must involve all social actors, from individuals and even the most complex state structure, with the goal of defining and applying a normative framework on environmental issues, in the international sphere and its applicability in national territory, through the due process of internalization of treaties and, in particular, the economic order in the 1988 Constitution, facing the challenges arising from growth world population and the urgent need to confront the catastrophic effects of the process of industrialization and large-scale consumption, considering environmental sustainability.

IDENTIFICAÇÃO E ABRANGÊNCIA DA AUTONOMIA PRIVADA

Private autonomy is a fundamental concept in democratic societies, recognizing individuals' capacity to exercise their will and make decisions within the context of their private relationships. This article aims to provide an understanding of the identification and scope of the principle of private autonomy in the legal sphere, its interaction with other relevant legal principles, the limits imposed by public order and fundamental rights, its evolution and challenges. Special attention will be given to how this principle is understood and applied in the Brazilian legal system. The presentation and analysis of practical cases in different legal relationships intends to clearly demonstrate the evolution of the autonomy of the will to private autonomy, to highlight the limits and extent of its application and to contribute to the academic debate and the development of Civil Law.

The Fundamentality of The Right to Evidence in The Brazilian Legal System

Objective: The objective of this study is to investigate the fundamental nature of the right to evidence in the Brazilian legal system, aiming to analyze its importance for guaranteeing due process and the realization of justice. Theoretical Framework: This section presents the main concepts and theories that underpin the research. Key theories include the principle of adversarial proceedings, the principle of ample defense, and due process of law, providing a solid foundation for understanding the context of the investigation. Method: The methodology adopted for this research comprises a qualitative approach, with documentary analysis and case studies of landmark decisions in Brazilian law. Data collection was conducted through a literature review and jurisprudence analysis, focusing on higher court decisions addressing the right to evidence. Results and Discussion: The results revealed the crucial importance of the right to evidence for maintaining the balance between parties in judicial proceedings. In the discussion section, these results are contextualized in light of the theoretical framework, highlighting implications for legal practice and the protection of fundamental rights. Possible discrepancies and limitations of the study are also considered in this section. Research Implications: The practical and theoretical implications of this research are discussed, providing insights on how the results can be applied or influence practices in the field of civil and criminal procedural law. These implications may include the reformulation of judicial procedures and the training of legal professionals. Originality/Value: This study contributes to the literature by exploring the fundamental nature of the right to evidence in Brazil in a thorough and systematic manner, highlighting new findings and offering a critical analysis of judicial practices. The relevance and value of this research are evidenced by its potential to influence procedural reforms and improve the effectiveness of the judicial system.

A TIPIFICAÇÃO PENAL DOS CRIMES CIBERNÉTICOS NO DIREITO BRASILEIRO

This article, a descriptive and qualitative bibliographic research, based on authors such as Delgado (2017), Prado (2019), Souza and Ramalho (2022) among others, aims to discuss the way in which the Brazilian legal system has acted in the prevention and classification of cyber crimes. The work was structured in topics which correspond to its specific objectives as follows: bringing concepts of crime and criminal offenses and the way in which they are configured in Brazilian law; elucidate what would be a cyber crime and what are the requirements for its configuration; argue about the three dimensional theory of law (fact, value and norm) to justify governmental actions that lead to the classification of cyber crime. The conclusion reached was that Brazilian Criminal Law has been adapting to new situations and social facts that give rise to a legal response in defense of society.

Workers’ Fundamental Right to Disconnection During Their Rest Periods

Objective: The scope of this study is to analyze the need to predict, in the Brazilian legal system, the employee's right (and duty) to disconnect. Method: To this end, qualitative research will be used, regarding the methodological approach; and bibliographical research, regarding procedural forms. Results and Discussion: The social right to work has constitutional and international provisions. The right to rest involves issues linked to worker health and safety. In this context, the current postmodern era has introduced a series of technological tools into the work environment. However, after discussions to avoid worker exploitation and protect their right to life, leisure, rest and family, the results obtained revealed that limits must be established. Implications of the Research: Regarding the practical and theoretical implications of this research, the promotion of freedom and the guarantee of the worker's dignity stand out, in addition to representing another hypothesis of trying to balance the employee's persistent hyposufficiency in the employment relationship. Originality and value: Finally, the relevance and value of this research are highlighted in light of the reality of work in the digital age.

LIMITES À AUTONOMIA DA VONTADE NAS RELAÇÕES DE CONSUMO

This article aims to analyze, through a historical review following the era of absolutism, the consequences of the unrestricted application of the principle of autonomy of will by private parties in market relations. The chosen methodology includes the deductive method, as well as a review of relevant literature and legislation. Initially, it is necessary to contextualize the traditional Western view of the principle of autonomy of will and the results of its full application in pure private law; subsequently, the transformation from pure private law to social private law is examined; finally, the constitutional and infra-constitutional regulation of consumer relations within the Brazilian legal system is addressed as a way of imposing limits on the misuse of the autonomy of will.