Legal World Research Articles

PROTEÇÃO DIGITAL: A (IN)EFICÁCIA DA LEGISLAÇÃO BRASILEIRA NO COMBATE AO CRIME DE ESTELIONATO VIRTUAL

With technological advances in the globalized world, the practice of cybercrimes has intensified, among which the so-called virtual fraud stands out, the topic of which will be discussed in this article. Given this context, the present problem arises: to analyze what are the challenges and strategies to combat the crime of virtual fraud and what are its effects on the legal world to protect users on the internet? Thus, this article aims to understand the relevance of the discussion on cyber fraud, with regard to its effectiveness in Brazilian legislation in the virtual environment. The general objective will be to analyze the new classification brought by Law No. 14,155, of 2021, which inserted the crime of electronic fraud, within which the crime of cyber fraud fits. The specific objectives focus on the analysis of the differences between the crimes of fraud and virtual fraud (cyber fraud). Regarding the methodology, using the deductive and descriptive method, based on theoretical foundations found in bibliographic research, such as public documents, books, scientific articles and internet data. The research results indicated that current laws are not sufficient to address and curb the problem of cyber fraud.

The role of international institutions in stabilising the global legal order: Assessing impact and effectiveness

Abstract The article delves into the complexities of defining legal world order and security in the aftermath of the Cold War, investigating how the notion of security has broadened in the era of globalisation. It aims to evaluate different theoretical frameworks concerning international security and their adaptation to changes in the global environment. The research uses dialectical and hermeneutic principles to dissect the topic. It employs systemic-structural and functional methods to explore the involvement of international organisations in global security. A range of research methodologies, including analogy, historicism, formal-logical analysis, and situational analysis, are employed to delve into the studied matters. The article underscores various significant discoveries, notably the waning influence of the United Nations (UN) as a comprehensive global institution today. It stresses the importance for the global community to confront the geopolitical shifts and difficulties of the 21st century. Presently, global politics are marked by enduring instability, and the current peacekeeping and conflict resolution mechanisms need to demonstrate more in tackling contemporary hybrid challenges and threats. The article concludes by asserting that the current framework for handling international affairs needs to be revised to meet the demands of the 21st century. It emphasises the necessity of simplifying interactions among independent nations, updating collaborative institutions, and forming a capable supervisory entity to bolster global security. The research advocates for establishing fresh international legal standards covering diverse areas of global cooperation and reinforcing international organisational frameworks to address evolving global issues. The successful and prompt execution of these strategies is deemed crucial for the well-being of humanity in the future.

A Systematic Review on Explainable AI in Legal Domain

Abstract: In the past few years, Artificial Intelligence (AI) has become a game-changer in many fields, including law. AI can speed up decision-making and make it more accurate. However, AI often makes decisions in ways that are hard to understand. This lack of clarity is a big problem in law, where decisions can change lives. This review brings together current research on Explainable AI (XAI) in law. It looks at the different AI methods used and how XAI affects legal decision-making. The review also deals with the ethical and practical issues of using XAI, like biases and privacy concerns. By tackling these challenges, the legal world can use XAI effectively while sticking to fairness and responsibility. Our goal is to assist researchers, lawyers, and policymakers in making AI in law more transparent, fair, and trustworthy.

Das sakrale Bild von Schuld, Unschuld und Sühne

Guilt and innocence can be viewed from both the secular and the sacred side. Modern law is no longer aware of this double-sidedness, but until the legal world of the 18th century, which was determined by natural law, this two-sidedness was represented in many legal sources in the form of a combination of image and text as an opening for the sacred side, so to speak, followed by the legal text for the secular dimension. In my overview, I will present seven examples of this rich source material of European legal culture, which I will interpret according to the scientific method of legal iconography.

Failure to provide necessary food; a form of violence

Colloquially, the right to food is understood as that subminister to nourish the body, however, in the legal world, we identify that it is that legal relationship that occurs between the maintenance creditor and the maintenance debtor, where an obligation to give is born, the latter will be obliged to provide the former with sufficient resources for their subsistence. This right is non-transferable, non-transmissible, unwaivable, imprescriptible, non-seizable, therefore, every child and adolescent deserve to be a creditor of the same, however, when one of the parents, in this case the one who is obliged to pay alimony, is late or does not pay, he/she would be violating the right. The violation is born, since the right is not only food, but also health, education, housing, recreation, clothing, however, if analyzed further, this irresponsibility would be causing a type of economic violence to the woman, because she is being controlled and withholding money, and no mother can justify not being able to provide something to her child because of the father's irresponsibility.

Конституционный контроль в Китайской Народной Республике. Влияние конфуцианства и практическая реализация

The article examines the historical stages of the development of the constitutional control of the People’s Republic of China, beginning with the Republic of China and the confrontation between the two parties — the Kuomintang and the Communist Party of China. In this regard, it provides an overview of the legal status and competence of the Council of Great Judges of the Trial Chamber, as well as a description of the procedure of the body under Taiwan law. Some features of the structure and content of the Chinese constitutions in their dynamics are further revealed. In 2018, the Constitution of the People’s Republic of China (hereinafter — PRC) was amended, including the Preamble, which now proclaims the direction of socialist culture based on the dualism of moral and legal norms, and perfection of the mechanism of application of the Constitution is one of the vectors of development of the Chinese version of the «legal state». So now we can see how China’s legal world is changing. The article concludes that Chinese constitutional control in its modern form does not function effectively due to a number of institutional and cultural reasons.

Book review] Elizabeth Walgenbach, Excommunication and Outlawry in the Legal World of Medieval Iceland

Review of: Elizabeth Walgenbach, Excommunication and Outlawry in the Legal World of Medieval Iceland (The Northern World 92), Brill: Leiden & Boston 2021

AI in Court: Facing Today's Legal Challenges

AI is changing how courtrooms work. This brings both advantages and challenges for the legal system. As AI gets better, courts use it more in different parts of legal cases. From predicting outcomes to virtual helpers, AI is changing how cases are handled and decided. But using AI in law also raises big ethical and legal questions. As the legal world deals with these issues, it's clear AI isn't just for the future – it's here now, and it affects real court decisions.

NLP in the Legal World

NLP in the Legal World

Europe Is Looking for a Super-Judge

One of the cornerstones of the rule of law is an independent, impartial, and high-quality court. It is therefore of the utmost importance that respect for the rule of law in the European Union (inclusive of its member states) be ensured by a court whose members are themselves elected in accordance with the rule of law. This means that, just as for the courts of the Member States, the ideal – which one would hope gets reflected in real-world practice in most cases – is for the Court of Justice of the European Union to be led by independent and impartial judges. Judges who are not only well-versed in their own national law but also fluent in the nuances of European Union law, are oriented toward the global legal world, display an ability to work in an international environment (encompassing several languages, most importantly French as the working language of said court), have an outstanding record of professional and scientific excellence, express themselves clearly and convincingly (both verbally and in writing), and possess impeccable moral and ethical integrity – in short, individuals who are unquestionably leaders in their field and role models for other judges. Indeed, Article 253 (1) of the Treaty on the Functioning of the European Union (TFEU) specifies that the Court of Justice’s judges and Advocates General shall be chosen from among persons whose independence is beyond doubt and who possess the qualifications required for appointment to the highest judicial offices in their respective countries or who are lawyers of recognised competence, with appointment by common accord of the governments of the Member States for a term of six years after consulting with the panel provided for by Article 255 TFEU. Membership of the institution’s General Court is similarly regulated. Accordingly, Europe is looking for super-judges and super-Advocates General for the Court of Justice of the European Union. The article gives an overview of the process involved, focusing in particular on the work of the so-called Article 255 panel.

Restorative Justice in The Settlement of Fraud Crimes in The Banyumas Police Criminal Investigation Unit

The settlement of fraud cases with restorative justice is an innovative step to follow the dynamics of the development of the legal world which began to shift from positivism to progressive. Restorative justice is an approach that focuses more on the conditions for the creation of justice and balance for the perpetrators of criminal acts and the victims themselves. The research method used is empirical juridical, namely legal research on the implementation of restorative justice in action in the settlement of fraud cases by the Banyumas Police Criminal Investigation Unit. The purpose of this research is to analyze the settlement of fraud crimes through restorative justice and to find out the obstacles in the settlement of theft crimes through restorative justice at Satreskrim Polresta Banyumas. The results showed that the Banyumas Police Criminal Investigation Unit resolved fraud cases using a restorative justice approach based on Police Regulation Number 8 of 2021 concerning Handling Crimes Based on Restorative Justice, namely by bringing together the perpetrator and victim and seeking to restore the losses suffered by the victim. The obstacles faced by Satreskrim Polresta Banyumas are that the victim does not want the involvement of outside parties in resolving his case and the inability of the perpetrator to fulfill the compensation requested by the victim, causing the settlement of fraud cases through restorative justice to fail.

The Influence and Effectiveness of the Activities of International Organizations in the Formation, Provision and Strengthening of the World Legal Order

Objective: The article explores issues surrounding the definition of legal world order and security in the post-Cold War era, examining the expanding concept of security within the context of globalization. It aims to analyze theoretical approaches to international security and its development in a changing global landscape.
 
 Methods: The study employs a combination of dialectical and hermeneutic principles for analyzing the subject matter. It uses systemic-structural and functional methods to investigate the role of international organizations in global security. Various research methods, such as analogy, historicism, formal-logical analysis, and situational analysis, are applied to examine the issues under consideration.
 
 Results: The article highlights several key findings, including the diminishing authority of the United Nations (UN) as a universal international organization in the present global context. It emphasizes the need for the international community to address the geopolitical changes and challenges of the 21st century. The current state of world politics is characterized by perpetual global instability, and existing peacekeeping and peacemaking mechanisms have shown limitations in addressing modern hybrid challenges and threats.
 
 Conclusions: In conclusion, the article argues that the existing system for managing international relations is insufficient for the 21st century. It underscores the importance of streamlining relations between sovereign states, modernizing multilateral institutions, and establishing an effective oversight body to strengthen the global security system. The study advocates for the development of new international legal norms, including various aspects of international cooperation and the enhancement of international institutional structures to combat emerging global challenges. The future of humanity depends on the timely and effective implementation of these measures.

From Development of the Foundations of Sovereign Democracy Towards the Paradigm of a Unified System of Public Power: Milestones of Scientific Creativity of Valerian A. Lebedev (to the Anniversary of the Scholar)

The review article is dedicated to one of the landmark events for the entire legal world and the community of constitutional law scholars: the anniversary of Doctor of Law, Professor Valerian A. Lebedev, Honored Scientist of the Russian Federation, Honored Lawyer of the Russian Federation, Honorary Worker of Higher Professional Education of the Russian Federation. Prof. Valerian A. Lebedev started his work during a difficult period of reforms initiated for the development of Russian statehood, a change in the paradigm of constitutional law development and a radical restructuring of the basic principles of ensuring and protecting fundamental rights and freedoms of the man and citizen. The paper highlights the main milestones of Prof. Valerian A. Lebedev’s scientific work related to the study of the problems of genuine democracy and sovereignty of the people, the priority of development in compliance with the Constitution of the Russian Federation and substantiation of the concept of sovereign democracy, functioning on the constitutional mechanism for the protection of individual rights, ensuring the principle of political pluralism, building a unified system of public power and a unified legislative system of the country, implementation of the constitutional reform. The paper highlights critically important role of Prof. Valerian A. Lebedev and his scientific creativity for the transitional and modern path of development of the national statehood, comprehensive, acute, problematic nature of his works, the unique scientific foresight of the scholar, who not only foresaw the constitutional reform, but also revealed its key concepts-novels, pitfalls and prospects for improving specific constitutional law institutions. The possibility of studying modern and past research works by Prof. A. Lebedev is presented as a special value for the modern science of constitutional law, since their subject of research covers the key concepts and categories of the theory of Russian constitutionalism, correct understanding of which depends on the possibility of effective implementation of the constitutional principles of the existence of the state and society.

The foundation of the digitalization of the legal system in relation to the social inclusion of refugees

This information aims to bring knowledge to everyone about an important aspect, such as the inclusion of refugees in relation to the modern digital segment in the legal world. Different new pillars of research and examination are used here, in order to understand the truthful information. This communication presents several aspects related to the issue of refugees in the process of social inclusion, starting from the complete study of European and international policies, in relation to the main aspects human vitals assimilating the legal digital segment. Likewise, a reality is rendered on all these practical segments, with the aim of ameliorating and drawing attention to the danger in which refugees are in ignorance of local digital processes. After inspecting a series of documents, scientific acts in the field of refugees, we find the importance of ensuring the education of refugees. The authors of several writings refer to a multitude of thoughts, in order to highlight the applicable situations of refugees in the world, especially in relation to the aspect digital legal. At the end of this document, the results of the research on the practical elements related to the legal digital protection of refugees are presented. It concludes with important conclusions and recommendations.

Responsibility of the heirs of personal guarantee holders in bankruptcy from Islamic inheritance law and state law: A case of Indonesia

The responsibility of heirs of personal guarantee holders in companies facing bankruptcy is a complex and significant issue in the legal world. In the business sphere, especially in the current era of globalization and intense competition, business transactions and agreements often involve different guarantees provided by the parties involved. Personal guarantees, which require an individual to secure a company's obligations or debts, are one form of security that is commonly used. When a company given a personal guarantee faces financial difficulties or goes bankrupt, the issue of how the heirs should handle the assets left by the heir with a personal guarantee becomes very relevant. Additionally, the responsibility of heirs in this context, as viewed by Islamic law, and how it relates to applicable civil law principles, is an important aspect that needs careful examination. This article aims to comprehensively explain the concept of heir responsibility from the heirs of personal guarantee holders in two legal frameworks, namely Islamic law and civil law. We will explore the legal aspects governing the responsibilities of heirs in both legal systems, highlight the differences and similarities between the two, and provide a clear understanding of the topic.

Excommunication and Outlawry in the Legal World of Medieval Iceland, by Elizabeth Walgenbach

<i>Excommunication and Outlawry in the Legal World of Medieval Iceland</i>, by Elizabeth Walgenbach

История развития и современное регулирование коллективных исков в Японии

The author is tracing the development of collective redress in Japan beginning from feudal times till today. He comes to conclusion that Japanese lawmaker shows restrictive and cautious approach to implementing collective procedures in civil litigation. Current regulation of representative and class actions in Japan is characterised by opt-in model of member participation. In addition, the class litigation is based on the mechanism of an organisational action. Such choice of the legal construction has different consequences: on the one hand, it gives no chance to induce a private initiative in the class litigation, but on the other it has a form which is well-tested in European jurisdictions, and that makes the class action stable. The author enphasises creative basis in building an original model of the class action in Japan. It shows itself in adoption of standards of a legal regulation in this field from European countries and the Anglo-Saxon legal world. One of the realised elements of the Japanese regulation was a bifurcation, which could also be implemented in Russia. At the end of the article questions of cross-border litigation are discussed concerning the use of the class action in Japan.

Immigrants in the Legal System of the Welcoming Country: Considering the Role of Intermediaries

Immigrants‘ encounters with the new legal system of the welcoming country might vary from challenging to an easy process of integration in the field of legal relationships. The newcomers‘ path of interaction with the field of welcoming countries‘ legalities often lies in the legal knowledge, understanding, and variety of assumptions about the legal world and how it is embedded in the social reality of a welcoming country. There are many factors, that shape this complexity but one of them is highly meaningful - the role of intermediaries. Therefore the subsequent research focuses on identifying and discussing the different statuses and roles of the intermediaries as they participate in the process of immigrant‘s interaction with the legalities of the welcoming country. These assumptions are based on the 34 qualitative interviews of foreign third-country residents in Lithuania. The results of the analysis reveal different the main roles of the intermediaries while immigrants interact with the new legal system of the welcoming country. This research indicates that intermediaries actively or passively participate in the processes of migrants‘ gaining legal knowledge, influence their legal behaviour and become a part of migrants‘ legal interactions. Intermediaries are also seen in the variance of official statuses, visible gaining different roles in legal relationships. Therefore, this research draws attention to the need for more profound attention to the immigrant‘s legal integration processes and deduces practical implications for it as well.

The Use of Artificial Intelligence in Dispute Resolution Through Arbitration: The Potential and Challenges

Introduction: The use of artificial intelligence (AI) in dispute resolution through arbitration has become an increasingly relevant topic in the legal world. AI can speed up the process of data collection, data analysis, and provide predictions and recommendations in dispute resolution. However, the use of AI also raises some challenges and risks that need to be overcome.Purposes of the Research: This paper intends to explore the potential of the use of Artificial Intelligence (AI) Technology in dispute resolution through arbitration, as well as the challenges and risks associated with its use. Methods of the Research: The research method used is normative research by analyzing various literature and regulations related to the use of AI in dispute resolution through arbitration. Results of the Research: The results showed that the use of AI in dispute resolution through arbitration can speed up the process and improve the accuracy of data analysis. However, its use also has challenges and risks such as the risk of error and the inability of AI to understand the legal nuances and human factors in the dispute resolution process. To minimize risks and ensure fairness and legal certainty in the dispute resolution process through arbitration, clear regulations and standards are needed in the use of AI. In addition, users and legal practitioners involved in the dispute resolution process through arbitration also need to improve understanding and knowledge of AI technologies.

Arbitration In Times of Economic Uncertainty: The Role of Qatar Financial Center’s Jurisprudence in Shaping International Arbitration Principles

The framework applicable to international arbitration is notably very liberal, as are the criteria of internationality embraced by both academia and practice. However, the utilization of this form of transactional justice provides tangible benefits, such as alleviating the burden on national courts, expediting the delivery of justice, establishing a body of international arbitration jurisprudence, flexibly securing commercial law at both national and international levels, and more. It's quite likely that these developmental aspects have facilitated the growth of alternative dispute resolution methods as we are currently witnessing. Moreover, it can be asserted that the conjunctural uncertainties that the legal world must contend with encourage the resort to arbitration. In fact, periods of uncertainty prompt economic entities to align themselves with familiar and protective arbitral frameworks that serve their interests. This circumstance appears particularly prominent in economies closely tied to the oil sector, such as those found in the Gulf monarchies. Consequently, this paper aims to demonstrate for the first time in scientific literature that, given their structural and cyclical fundamentals, the Gulf monarchies have become preferred venues for arbitration. In this context, the jurisprudence actively developed by Qatar's National Arbitration Center (QFC-QICDRC) and established by Law No. 7 of 2005 in accordance with Law No. 2 of 2017, also known as the "National Arbitration Law", holds significant importance in comprehending the mechanics of a legally prominent and effective practice: International arbitration.