Brazilian Law Research Articles

DIREITO DAS FAMÍLIAS

The Brazilian family pluralization has undergone signifi cant changes over time. Previously, family law was based on matrimonial and patriarchal models, leaving informally constituted families aside. The Divorce Law of 1977 brought signifi cant changes, and the Federal Constitution of 1988 represented an innovation by recognizing stable unions as a family entity protected by the State, as well as ensuring equality and dignity of family members. Principles such as family plurality, aff ectivity, and equality started guiding family law, making it more open and inclusive. The study aims to present the legal nature of marriage as its general objective and, as specifi c objectives, to broaden the theme, address the general aspects of marriage in Brazilian law, and list the dissolution of marriage.

The treatment of electronic games copyright protection in Brazil: analysis of copyright law and software law application

Abstract Brazil is currently the 5th largest game industry market by number of players, with expected year-by-year revenue growth of 5 per cent. The electronic games industry has been growing exponentially in Brazil and globally, and a specific regulation that meets the sector’s unique needs has become increasingly necessary. The lack of a regulatory framework in the Brazilian legal system directly impacts the legal security of businesses involving electronic games, especially in relation to the IP rights vesting in such assets. Intense debates have been conducted about the legal nature of electronic games, whether they are audiovisual works, works of art, computer programs or all of them combined, and what legal framework applies to these works under Brazilian law. There are several approaches to this subject; apparently, more consensus has yet to be reached. The abundance of regulatory gaps and the patchwork of different legal documents undermine the legal categorization and, consequently, the protection of these assets under IP laws. Using a methodology of bibliographic review and exploratory research, this considers the current position of electronic games in Brazil. It also proposes a specific framework for this type of work that is not simply that of audiovisual work or software, thus seeking a point of intersection between the two.

Work relations and the use of artificial intelligence to control activities: a comparative study between Brazil and Germany

This work addresses the impact of artificial intelligence on the control of existing activities in labor relations. Its problematic issue is anomie and the challenges arising from it. Since this is a problem that goes beyond Brazilian law, support was sought in a study carried out in Germany, where the lack of specific norms to protect workers has also led researchers to carry out a new interpretation of existing legislation, observing the peculiarities of labor relations and the impact of the new technology. When interpreting existing norms in Brazilian law, it was found that the General Data Protection Law provides general protection instruments for workers. For the collective protection of workers, the existing norms in Brazilian law still need to be advanced, allowing an effective protection of their rights.

COPYRIGHT PROTECTION APPLIED TO INTELLECTUAL WORKS CREATED WITH THE USE OF ARTIFICIAL INTELLIGENCE

The objective of this work is to contribute to the academic debate on the legal regime attributed to intellectual works created with the use of artificial intelligence (AI) systems, which are of particular importance for technological, scientific and innovation development in the current stage of development of this new technology. Copyright is founded on anthropocentric bases and has the specific purpose of protecting the author as the main recipient of Copyright Law. Currently, the Brazilian Copyright Law only protects intellectual works created by human beings. In this work, we intend to analyze these characteristics in light of the investigation of two scenarios, considering the effective participation of the human being in the result of creation generated by AI and the absence of human participation, with the autonomous creation undertaken by AI.

"The Evolution of Brazilian Environmental Law, Advances and Setbacks"

"The Evolution of Brazilian Environmental Law, Advances and Setbacks"

"The Evolution of Brazilian Environmental Law, Advances and Setbacks"

"The Evolution of Brazilian Environmental Law, Advances and Setbacks"

Decolonizing Law: Language and anthropology in the Lusosphere

In the Lusophere, under the appearance of homogeneity of law, due to the influence of Portuguese law, are hidden linguistic and anthropological aspects that are still untied from the State institutions and formal law of the new independent Countries. Thus, this paper, after an overview of the historical events of Portuguese law — from the presence of ius commune in Portugal, to the colonial era, to the post-independence legal systems — focuses on the linguistic and anthropological aspects of millions of people, only conventionally of Portuguese mother tongue and who regulate their lives according to spontaneous unwritten rules. Comparing within the Lusophere, this paper carries out its observation from three different perspectives: law, language, and anthropology. Portuguese now ranks sixth in terms of the number of native speakers and is spread across at least four continents; therefore, it is surprising to observe the scant consideration within the comparative studies for the law and language of Lusophone areas, with few exceptions and mostly confined to native authors. Even more unexplored is the field of comparative law among Portuguese-speaking countries, and except for a few contributions between Portuguese and Brazilian law, attention to Angola, Mozambique, Guinea Bissau, Cape Verde, São Tomé e Princípe, Equatorial Guinea and East Timor is sporadic, rare or nonexistent. This scenario appears to be due to a kind of self-referentiality of the Lusophone legal systems, mainly due to a strong academic dependence on Portuguese universities, a common erudite and administrative language, and a low diffusion of foreign language study. A decolonization of law is for these reasons desirable and, instead of being perceived an intimidating path, should be seen as a chance for new development opportunities.

Factors associated with delayed initiation of breast cancer treatment at an oncology referral center in Juiz de Fora, Minas Gerais state, from 2010 to 2019: a cohort study.

To analyze factors associated with delayed initiation of breast cancer treatment at an oncology referral center in Juiz de Fora, Minas Gerais state, between 2010 and 2019. This was a cohort study using data from the Hospital-based Cancer Registry. The probability of not starting treatment within 60 days, in accordance with Brazilian law, was estimated using Kaplan-Meier, method and its association with the factors studied was assessed using the Cox model, presenting hazard ratios (HR) and respective 95% confidence intervals (95%CI). Among the 911 participants, the probability of delayed treatment initiation was 18.8% (95%CI 16.4;21.5). Those who underwent treatment at a health service other than the one where the cancer was diagnosed had a significantly higher risk (HR: 3.49; 95%CI 3.00;4.07). Receiving a diagnosis and treatment at the same institution may help reduce waiting time to initiate cancer treatment. The probability of study participants not initiating treatment within 60 days was 18.8%. Undergoing treatment at a healthcare service other than the one where the diagnosis was made was the main factor associated with delay. Organizing healthcare services based on strategies that optimize referral flows and avoid transitions of care, can be crucial in reducing the time to initiation of breast cancer treatment. It is essential to improve the workflows at the different stages of health care to ensure timely initiation of oncological treatment.

Renewal on Public Service Theory on Brazilian Law

Renewal on Public Service Theory on Brazilian Law

Reflections on statleness: the Brazilian law on migration and the teachings of Hannah Arendt

Resumo: O artigo oferece reflexão sobre a Lei nº 13.445/2017 - Lei de Migração - e os ensinamentos de Hannah Arendt acerca da apatridia. Questiona-se a suficiência da referida lei para a diminuição do número de apátridas e a contribuição crítica de Arendt sobre as fragilidades impostas aos apátridas. Justifica-se pela urgência de aprofundar o debate sobre a necessidade de restituir cidadania e proteção aos apátridas. Objetiva-se, na primeira seção, analisar de que modo a Lei de Migração colabora para que apátridas alcancem o reconhecimento da condição de cidadãos, no Brasil, ao definir a apatridia e propor a simplificação da naturalização; na segunda seção, delineia-se a crítica de Arendt ao expediente da apatridia e sua existência como fenômeno de massa. Conclui-se que Arendt alerta para a urgência de atribuir cidadania ao apátrida, devolvendo-lhe dignidade, sem necessariamente exigir nacionalização, e que a Lei de Migração trouxe procedimentos que permitem, pela primeira vez, a definição de pessoa apátrida e as condições para lhes conceder cidadania em território brasileiro, havendo ganho qualitativo na legislação brasileira sobre refugiados.

A brief history of the animals' scientific research, international rules and Brazilian regulations.

Several countries and non-governmental organizations have discussed the use of animals in industry and biomedical areas. This work shows the progression of animal' rights for scientific purposes in Brazil and how Brazilian Councils have advanced to follow worldwide regulations. Since the first rules about animals' usage in Ireland in 1635, the British Cruelty to Animals Act in 1876, and the Brazilian animal protection rules in 1924 and 1934, most worldwide actions culminated in the Universal Declaration of Animal Rights (1978). In 1979, the Brazilian Law 6.638 displayed directives for didactic-scientific practice of vivisection. In 2008, the Arouca Law 11.794 filled regulatory gaps and created the National Council for the Control of Animal Experimentation (CONCEA). In 2014, the CONCEA incorporated the 3R's philosophy and recognized substitute techniques, but only in 2023 it prohibited vertebrate animals in scientific research, development and control of personal hygiene products, cosmetics and perfumes. It is clear current Brazilian and international rules are unable to cover all aspects of animal wellbeing, even for regulations of commercial issues. Certainly, innovative tools, as organ-on-chip, in vitro techniques and bioinformatical advancements will provide a crucial animal welfare and new laws will minimize animal pain and distress, including for disregarded invertebrates.

Trauma Brain Injury Mortality Rate and Brazilian Drinking-Driving Law: a temporal series

Trauma Brain Injury Mortality Rate and Brazilian Drinking-Driving Law: a temporal series

Operação Lava Jato além das fronteiras: A criação de um campo policial transnacional

Abstract Investigations by the press have revealed that Operation Car Wash, an anti-corruption task force, received support from the FBI, the American federal agency of criminal investigation. This paper analyses the transnational connections between Brazilian and American law enforcement officers, which led to the formulation and conduction of Operation Car Wash, reconstituting its transnational dimensions, which have yet to receive much attention in the specialised literature. To accomplish this, we have mobilised the field thinking tool developed by Pierre Bourdieu and his interpreters in International Relations, enabling us to reflect on the interactions between police within a specialised social space promoter of socialisation, competition, and cooperation. Beginning with documental research, we have identified the national and international actors involved in the operation, the power relationships between them, their patterns and spaces of interaction, and potential political impacts.

The Impact of Nationalization of Public Debt through On-Lending Agreements According to Brazilian Financial Law

The Impact of Nationalization of Public Debt through On-Lending Agreements According to Brazilian Financial Law

Mobile application: digital health card for deaf adolescents.

To develop a mobile health application (mHealth) accessible to deaf adolescents, based on their health card, promoting autonomy to the access to the user's health information. This was a methodological study, divided into three stages: a questionnaire to understand the knowledge of deaf adolescents about the health card, and development of the application using videos in Brazilian Sign Language Libras, Android Studio platform with Java language, and evaluation of the application. Most deaf adolescents were not aware of the health card. The application has two interface modes: male and female card, with the particularities of each sex. Furthermore, user's data security is carried out in accordance with the Brazilian General Data Protection Law. The application received a score of 85.5 from experts, being classified as "good" to "excellent" in terms of usability. The application provides information from the health card in text and video in Libras, according to the selected sex, promoting adolescents' autonomy in accessing health information. Future implementations may include expansion to other mobile platforms.

Advances and challenges in animal source food inspection legislation for Brazilian small-scale and artisanal producers.

The strict sanitary inspection legislation of animal source food has been considered a trade barrier for smallholder farmers and small-scale producers in Brazil. In this sense, law flexibilization is suggested to facilitate national trade of these products. We conducted a social and sanitary analysis, presenting the current Brazilian conjuncture and difficulties for animal source food Brazilian inspection law flexibilization. By discussing inequalities, human rights issues, animal source food legislation, and international food safety standards, we evidenced critical barriers for legislative reform in Brazil. Among these barriers, the main ones are social inequalities; high zoonotic risk of animal source food products; the Brazilian political structure and its reflection on different inspection practices among country jurisdictions; and the lack of inspection services in most Brazilian municipalities. At the same time, we present positive updates in the normative framework, and point out game-changers to modify the actual safety and trade situations of Brazilian small-scale and artisanal animal source food products, including policies to strengthen state and municipal inspection services and harmonization initiatives based on international standards and national legislation. We also suggest policies to implement inspection services in municipalities, whether by municipal action or by a consortium, as well as policies to strengthen technical assistance and rural extension for small-scale and artisanal producers. These policies aim to reduce technical and sanitary education inequalities and build a fairer animal source food system.

"Nothing about us without us": deafness in history teaching and historiography, 2015-2022

This text presents the partial results of ongoing research into deafness in history teaching and historiography between 2015 and 2022. The study problematizes the place of disabled people in top-ranking periodicals (the top two categories in Brazil) and in pedagogical projects on degree courses in history (with and without teacher-training certification) at the University of São Paulo and the State University of Campinas. These universities were chosen because they topped the ranking in a survey conducted by Folha de S.Paulo newspaper. The study observes how the Brazilian Inclusion Law (law 13.146, of July 6, 2015) is incorporated into the initial training of these professionals.

Anti-corruption Law: Exploring a Global Emerging Norm under the UN Convention Against Corruption

This article explores the emerging global norm on anti-corruption law. It starts with an analysis of three anti-corruption domestic laws, which are quite influential in the building of the framework of this emerging global norm against corruption: The US Foreign Corruption Practices Act (1977), the UK Bribery Act (2010) and the Brazilian Anti-corruption Law (2013). These instruments were not chosen randomly, as they have been important in the growing body of law on anti-corruption. Some, such as the US Foreign Corruption Practices Act, influence international legal instruments such as the UN Convention Against Corruption. Thus, this article includes an overview of the main provisions of the UN Convention Against Corruption (2005) as the framework for this global emerging norm, and it compares it with other international legal instruments such as the OECD Convention on Combating Bribery (1997) and the African Union Convention on Preventing and Combating corruption (2003). It concludes that the UN Convention Against Corruption contains the framework of the global norm on anti-corruption, but it needs to be interpreted against other relevant international instruments, such as the Forty (40) Recommendations of the Financial Action Task Force (FATF) on money laundering and the growing body of soft law in this area.

The new control of conventionality in Brazil: the transition from dualist to monist internalization of human rights

The article aims to study the theoretical and pragmatic foundations, of a historical, legal, and political nature, that give rise to CNMP Recommendation No. 96, of February 28, 2023 and the direct enforcement of international human rights treaties by means of control of conventionality in Brazil. This recommendation sets a somewhat innovative precedent by the National Council of the Public Ministry, since the control of conventionality is no longer carried out by the Judiciary alone. The hypothesis of this work is that this attitude of the Public Ministry puts it in a position of protagonism and vanguard in the introduction of conventionality control in Brazil and transformation of the Brazilian dualist system. Therefore, this research proceeds to make analytical comments on the main and most innovative aspects of the recommendation, as well as the consolidation of monist procedures for the enforcement of International Human Rights Law in Brazil.

Unfair competition in MERCOSUR and the challenges of new technologies

Abstract This article reviews the unfair competition main practices in the MERCOSUR countries and the challenges posed by new technologies. This analysis is based on the most common considerations of unfair behaviour such as intentional confusion, discrediting, misleading and other unfair competition acts. How the MERCOSUR countries are currently dealing with traditional unfair competition acts and how case law is developing toward a refined comprehension of the unfair competition acts are important to understand which initiatives should be addressed to regulate such acts in the new technological environment. Based on recent case law involving online platforms and the recent change in Brazilian case law regarding the responsibility of online platforms and the goods/services advertised by other parties in violation of IP Rights, we can conclude that transparency and ethical behaviour are essential topics to be addressed by the Courts and further research is necessary when facing unfair conducts today.