Legal Scenario Research Articles

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 importance of accounting expertise as evidence in legal proceedings

In the contemporary legal scenario, the search for effective methods of obtaining evidence is indispensable for guaranteeing justice and equality in legal proceedings. In this context, forensic accounting has emerged as an indispensable tool, capable of providing technical and scientific evidence to support sound and impartial judicial decisions. The aim of this paper is to analyze the importance of accounting expertise as evidence in legal proceedings. This is a literature review using a qualitative approach. The results showed that forensic accounting plays a crucial role in legal proceedings by providing specialized technical information that helps judges make informed and impartial decisions.

The Importance of Analysis of Judicial Circumstances in the Sentence Dosimetry Process

The Constitution plays an important role as a point of reference for the critical analysis of the criminal system, not only because it derives from the legal assets susceptible to punitive protection, but also and among other reasons, because the principles enshrined as a government norm in the Penal Code governing The imposition of sanctions is a clear development of the constitutional text and doctrine that the Constitutional Court has been building with its pronouncements, in the form that criminal law must acquire. The dosimetry of punishment in Brazil takes a three-step approach, pushing the system of fixed sanctions implemented by the legislature or the full discretion of the judge, promoting, on the other hand, a distribution of functions between the two, as he chooses the minimum and maximum sentence levels and dosage parameters, and this determines the sanction in the specific case from the legal criteria. In this sense, the present research aims to analyze the importance of analyzing judicial circumstances in the process of penalty dosimetry. The specific objectives are: to present a brief history of criminal legislation in Brazil, to review the most recent literature on the application of the penalty and its principles, to analyze the relationship between the dosimetry of the penalty and judicial circumstances and to point out cases in the jurisprudence that materialize the revised theory. Thus, given the relevance of the theme in the current legal scenario, the research is justified by discussing a contemporary theme. Through research on the principles of exceptionality, state of innocence, motivation of decisions and proportionality and the dosimetry of the penalty, possible judgments of the judge that relate the dosimetry of the penalty with the principles of human rights will be discussed. The judge should take charge of the evidence produced in relation to the facts that, in his opinion, influence the minor or major measure of the exact penalty to be imposed. The lack of motivation currently constitutes a violation of the constitutional guarantee of due process and absolute grounds for invalidity under the Criminal Procedure Code.

Indigenous Knowledge in Post-Pandemic Cultural Tourism: Discussion from Arauco Territories, Chile

In the last two decades, cultural tourism has transformed the aesthetics and the relationship between the actors of the Arauco territories. In the post-COVID context, these transformations could be reinforced, especially considering the actual legal scenario about indigenous rights and the global ecological crisis. In most cases, the indigenous people, with cultural tourism initiatives, highlight their world vision, including the relations with nature. For this reason, we propose to study this scientific problem from the relational ontology perspective. In this study, we describe the situation of cultural tourism in Arauco Province, Chile, where Mapuche people, the Chilean State, and the international market coexist in permanent friction. The main objective is to analyze how the pandemic influenced Mapuche cultural tourism, from the Mapuche cultural perspective and the global conditions for their development. The methods of research mixed historical and ethnographic approaches with a sample of key actors of Mapuche cultural tourism. As results, we can show the Mapuche way of understanding cultural tourism and the new conditions derived from the pandemic and post-pandemic contexts.

Punishment Against Abuse of Circumstances as The Basis for Determining Workers' Wages

Theoretical framework: This complex legal scenario provides a fertile ground for the application of various theoretical frameworks, shedding light on the intricate interplay of legal systems, policymaking, and the socio-economic implications of non-payment of minimum wages. Purpose: This research aims to know the regulation regarding Wages in current laws and regulations related to Manpower in Indonesia and the criminal mechanism for Employers who abuse the condition of Workers by providing wages below the minimum standard. Design/methodology/approach: This type of legal research is a type of normative legal research that aims to examine positive legal provisions, in this case, criminal law as a source of law. In legal research, there are several approaches. With this approach, researchers will get information from several aspects regarding the issue being tried to find answers. The approaches used in legal research are statutory, case approach, historical approach, comparative approach, and conceptual approach. Findings: In essence, the remuneration given to workers must meet the standards of Decent Living Needs, considering that a person is working to maintain and improve the quality of his life and that of his family. The application of criminal sanctions for violations of the Minimum Wage provisions as stipulated in the laws and regulations above really makes Entrepreneurs have to recalculate the business they are running. Research, Practical & Social Implications: This legal landscape underscores the need for ongoing research to analyze and address inconsistencies between laws governing minimum wage and their practical implications. The legal complexities and disputes highlight the challenges faced by both employers and workers in complying with minimum wage regulations. Ensuring that workers receive at least the minimum wage is crucial for their well-being and dignity. The existence of criminal sanctions sends a strong message about the importance of fair compensation. Originality/value: This legal context presents a unique and valuable perspective on the challenges surrounding minimum wage regulations, their amendments, and enforcement. This analysis holds relevance not only for legal scholars but also for policymakers, employers, and worker advocacy groups seeking to enhance labor law effectiveness and worker protection.

Synchronizing Concepts of Judicial Review in Indian Legal Scenario

Synchronizing Concepts of Judicial Review in Indian Legal Scenario

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.

An Analytical Study on the Impact of Child Labor Legislations in Preventing Child Labor in India

The purpose of this study is to have a in-depth analysis of the impact of child labour legislations in preventing child labour in India. When children are made to work when they are too young to work, study, or enjoy their infancy, this is known as child labor. It implies a lost or deprived childhood that results in child exploitation in a variety of ways, including mental, physical, social, and sexual. It is the responsibility of society, nonprofits, and legislators to end the deplorable practice of child labor in India. Not all Indian children are fortunate enough to have a happy childhood. Many of them are compelled to work in deplorable situations where their suffering has no end. Despite the fact that child labor is prohibited by law, children are still used as slaves and cheap labor. The article sheds light on factual and legal scenario of child labour in India, action taken against child labour, conditions of girl child laborers and how it has become a stigma in Indian society.

A Multi-Institutional Informed Consent Proposal as a Prevention Tool for Combined Oral Contraceptive Intake and Thrombotic Risk.

The review of relevant literature and international guidelines on prescription of combined oral contraceptives made it possible to create a proposal for informed consent to be used for prescribing. The several sections of our consent proposal were designed according to a rationale in order to cover all the aspects presented by worldwide guidelines: how to take, adverse effects, advertisements, extra-contraceptive benefits and effects, a checklist for condition at risk of thromboembolism, the signature of the woman. An informed consent to standardize combined oral contraceptives prescription can improve women's eligibility, mitigate thromboembolic risk, and assure legal protection to healthcare providers. In this systematic review in particular, we refer to the Italian medical-legal scenario, to which our group of researchers belongs. However, the model proposed was designed in the respect of main healthcare organization guidelines, and it could be easily used by any center in the world.

Towards anti-racism: considerations about the pedagogical project of the UFMS/CPTL Law course

The law course, when implemented on Brazilian soil, played an important role in maintaining the oppressive and racist status quo, which remained registered in the first legal curricula. However, with the advent of the 1988 Constitution and the conquest of rights in favor of the black population, a new legal scenario has been redesigned in the face of the racial struggle. Thus, it is necessary to reflect on whether legal curricula have also advanced towards anti-racism. More specifically, we sought to verify whether the Pedagogical Project of the UFMS Law course, Três Lagoas/MS campus, provides for an anti-racist legal education, based on existing anti-racist curricular predictions. For that, a hypothetical-deductive approach and bibliographical and documental research techniques were used, in addition to textual mapping through the use of markers, contributing to the end of the study reaching the understanding that there is no prediction in the local course of an anti-racist legal education, even though it is moving towards that goal.

Tackling online hate speech from a European perspective: Potentials and challenges of inter-legality

The contribution delves into some main implications of the current soft and hard legal framework related to the Internet governance for tackling online hate speech, from the perspective of legal and social actors based in the European Union. Given the dynamic constellation characterised by centripetal trends towards UN-fostered international governance, Council of Europe and EU soft and hard legal instruments, co-existing with centrifugal forces of national legislations, the article explores how inter-legality may contribute tackling online hate speech in today’s fast changing and complex legal scenario. Hence, due to the lack of a universally recognised definition of hate speech and a global regulation of online communication, inter-legality may be operationalised in still unexplored places – that is, not only by judges but by lawmakers, independent authorities on communication, and even platforms.

Psychological impact of olfactory branding: The future of smell marks in India

AbstractScents have been used by business organizations for commercializing their products since historic times. Because of the psychological connect that a consumer immediately makes as he smells something unique, olfactory branding is considered as a very productive and effective marketing tool. Trademark law attempts to protect a brand's identity with the ultimate motive of preventing consumers from deceptively similar goods. Scholars and businesses have been raising their voice in a demand call for smell mark protection under trademark law, arguing that smell is just as important for identifying the origin‐point of a product for a consumer as is the brand's logo or name or product shape. While the US courts have been liberal in granting smell mark registrations, EU courts have interpreted the “graphical representation” requirement under trademark law very strictly. Indian law, though not entirely closed on the prospect of smell mark protection, is inclined toward the EU position. After analyzing the current legal scenario, this article explores the more fundamental question as to the feasibility of smell marks, questioning their justification under the philosophical foundations of trademark law, the subjective associations of consumers with respect to smells, the difficulty in evidence analysis by courts in infringement suits and the apprehension relating to the functionality doctrine.

Intersex in Italy: At the Source of the Complexity?

Focusing on the Italian legal scenario, the paper examines medical practices that impose cosmetic surgeries on intersex children. Carried out with the aim of adjusting their genitalia to a perfect male or female body, these practices infringe upon the fundamental rights of the children subjected to them and demand new ways of protection. The paper explores the legal approaches that could be adopted to challenge them and to ensure the protection of children’s rights.

Vultures feeding on the dark side: current sanitary regulations may not be enough

SummaryIt is widely acknowledged that the conservation of vultures, a group of birds threatened worldwide, requires the management of safe, high-quality human subsidies, free of potentially harmful toxic compounds. Additionally, in Europe, the supply of livestock carcasses is subject to current sanitary regulations. It is largely unknown how vultures use sources of food of different abundance, predictability, or different legal status and how individual features shape these preferences. To answer these questions, we took advantage of information yielded by 35 GPS-tagged adult Eurasian Griffon Vultures Gyps fulvus living in a region of northern Spain, which hosts one of the most important European populations. Our results indicated that vultures preferably used predictable feeding sites, such as carcass dumping sites, intensive farms and landfills which together account for the 62% of the observed feeding sites. Less than 10% of all observed sites had permission of authorities for the disposal of the carcasses. Interestingly, sites with large accumulations of carcasses were less used that those with intermediate amounts of food probably because of high intraspecific competition. In addition, sex and breeding status also played a role with males and breeding birds being more prone to visit the studied intensively managed feeding places. This vulture population is heavily dependent on food sources which are not under legal control where the birds could be at risk of intoxication and pathogen acquisition. Hence, current legal scenario allowing farmers to abandon carcasses in their exploitations seems insufficient. The future of vultures in highly anthropized regions is uncertain if interdictory regulations on the abandonment of carcasses of intensive livestock are applied. Additionally, conservation scenarios based on food subsidization must consider the effects of environmental and individual variability. We need science-based strategies ensuring the long-term viability of avian scavenger populations within a scenario of anthropized landscapes and livestock farming intensification.

Challenging a Priestly Credit Theology: A New Translation of Niphal

This article argues for a new translation of the niphal of [inline-graphic 02] in the Priestly Narrative. This verb has typically been translated as "credited" and has been used as the foundation for arguing that the Priestly sacrificial system utilizes a divine ledger that tracks credits and debits of individual Israelites. I demonstrate that the concept of this kind of "credit theology" is foreign to the Priestly Narrative, and that the mistranslation of this verb has enabled a fundamental misunderstanding of the sacrificial system. Instead, I suggest that the use of this verb is limited to a very specific legal scenario related to the inappropriate possession of sacrificial material, is best understood in the context of property law, and should be translated as "to bail."

Acclimatization of mHealth Applications, Wireless Sensors, IoT in Healthcare: Focusing on Patient Privacy and Security in Legal Scenario

Acclimatization of mHealth Applications, Wireless Sensors, IoT in Healthcare: Focusing on Patient Privacy and Security in Legal Scenario

Stem Cell Patenting: Moral and Legal Dilemma

Humans in the era of 21st century have witnessed development at its epitome, coupled with obvious pros and cons. Their greed has led to over exploitation of resources, causing irreversible damages. Presently, the positive aspects of development seem to overshadow the negatives. Increased life span, mortality rate, better health facilities and treatment of incurable diseases are some affirmative outcomes of development. One such recent phenomenon is stem cell therapy. The credit for the discovery being spotlighted goes to scientists John Gurdon and Shinya Yamanaka, who were awarded the Nobel Prize in 2012 for discovering that ordinary cells of a living organism can be reprogrammed or changed into stem cells, which can further turn into any other tissue of the body. Owing to this breakthrough, the treatment of incurable diseases like cancer does not seem to be a distant dream. However, it is shadowed by concerns from critics on the grounds of morality due to its nature of procuring living components to get patents. In this paper, the author discusses the concept of stem cell therapy, the present legal scenario vis-à-vis its patentability and the ongoing debate regarding legal and moral implications of stem cell patenting.

Prejudicial reactions to the removal of Native American mascots

As Native American mascots are discontinued, research is needed to understand the impact on intergroup relations. Such discontinuations may be threatening to some and increase prejudice against Native Americans. In Study 1 ( N = 389), exposure to information about a Native American mascot removal increased punitive judgments against a Native American in a hypothetical legal scenario, particularly among those high in racial colorblindness and those residing in the implicated geographical location. Study 2 ( N = 358,644) conceptually replicated and extended these findings, using population-level implicit bias data to perform a natural quasi-experiment. Prejudice against Native Americans increased in the year following the removal of two Native American mascots: “Chief Illiniwek” and “Chief Wahoo.” However, in the case of Chief Illiniwek, the effect diminished after 6 years. Together, the studies contribute to understanding the psychological impact of Native American mascots, offering a first look at how their removal influence intergroup relations.

The fundamental right of confidentiality and integrity of IT systems in Germany: acall for "IT Privacy" right in Brazil?

The fundamental right to confidentiality and integrity of IT systems was recognized by the Bundesverfassungsgericht (BVerfG) in Germany and responds to the growing need to recognize new rights that are able to properly protect the individual as new technologies continue to develop. In the said scenario, this paper will seek to answer the question: Starting from the premises set by the BVerfG in the ruling rendered on February 27th, 2008, are there similar grounds to sustain the existence of an IT Privacy right in Brazil, regarding the Brazilian juridical scenario, mainly as to data protection? To that end, the paper is divided into four main parts to: (i) assess the fundamentals of the decision rendered by the BVerfG in the case mentioned; (ii) present the privacy and data protection legal scenario in Brazil; (iii) point out how information security is provided for in Brazilian legislation; and (iv) validate whether the premises adopted by the BVerfG are also coherent in Brazil, considering the legal landscape presented. The research is based on a hypothetical-deductive method, through inquiry and bibliographic analysis, grounded both in Brazilian and European doctrine. Lastly, the research concludes in the sense that the Brazilian and German Constitutional Legal Orders are different, not only relating to the way in which new fundamental rights are acknowledged, but also in regard to the privacy and data protection legal culture, which directly impacts the feasibility of a fundamental right to confidentiality and integrity of IT systems.

LegalGNN: Legal Information Enhanced Graph Neural Network for Recommendation

Recommendation in legal scenario (Legal-Rec) is a specialized recommendation task that aims to provide potential helpful legal documents for users. While there are mainly three differences compared with traditional recommendation: (1) Both the structural connections and textual contents of legal information are important in the Legal-Rec scenario, which means feature fusion is very important here. (2) Legal-Rec users prefer the newest legal cases (the latest legal interpretation and legal practice), which leads to a severe new-item problem. (3) Different from users in other scenarios, most Legal-Rec users are expert and domain-related users. They often concentrate on several topics and have more stable information needs. So it is important to accurately model user interests here. To the best of our knowledge, existing recommendation work cannot handle these challenges simultaneously. To address these challenges, we propose a legal information enhanced graph neural network–based recommendation framework (LegalGNN). First, a unified legal content and structure representation model is designed for feature fusion, where the Heterogeneous Legal Information Network (HLIN) is constructed to connect the structural features (e.g., knowledge graph) and contextual features (e.g., the content of legal documents) for training. Second, to model user interests, we incorporate the queries users issued in legal systems into the HLIN and link them with both retrieved documents and inquired users. This extra information is not only helpful for estimating user preferences, but also valuable for cold users/items (with less interaction history) in this scenario. Third, a graph neural network with relational attention mechanism is applied to make use of high-order connections in HLIN for Legal-Rec. Experimental results on a real-world legal dataset verify that LegalGNN outperforms several state-of-the-art methods significantly. As far as we know, LegalGNN is the first graph neural model for legal recommendation.