http://repositorio.jesuita.org.br/handle/UNISINOS/9989 Direito Mon, 13 Apr 2026 12:04:19 GMT 2026-04-13T12:04:19Z http://repositorio.jesuita.org.br/handle/UNISINOS/12877 Os trabalhadores de aplicativos e a precarização das relações de trabalho: uma análise do fenômeno e suas consequências jurídicas e sociais Silva, Samara Thu, 06 Jul 2023 00:00:00 GMT http://repositorio.jesuita.org.br/handle/UNISINOS/12877 2023-07-06T00:00:00Z http://repositorio.jesuita.org.br/handle/UNISINOS/12876 Tributação dos planos de previdência privada pelo ITCD: a ótica do Fisco Moro, Rodrigo Giacomini Tue, 04 Jul 2023 00:00:00 GMT http://repositorio.jesuita.org.br/handle/UNISINOS/12876 2023-07-04T00:00:00Z http://repositorio.jesuita.org.br/handle/UNISINOS/12873 Processo estrutural e os litígios coletivos: um estudo de caso sobre o Desastre de Mariana Kaspar, Marina da Silva The Mariana Disaster, which occurred on November 5, 2015, in the state of Minas Gerais, is considered one of the largest environmental disasters in Brazil and the world. Following the rupture of the Fundão Dam, over 50 million cubic meters of mud resulting from the iron ore extraction and beneficiation activities carried out by Samarco were released, causing severe environmental damage to the states of Minas Gerais and Espírito Santo. From the beginning, this litigation was marked by the existence of several affected social groups and, consequently, by the high degree of conflict of interests involved. With the present research, the aim was to investigate whether the class action No. 0023863-07.2016.4.01.3800, the main legal demand arising from the disaster, is an example of a Structural Litigation. To do so, a literature review was conducted to conceptualize the main topics that guide the problem, such as transindividual rights, public interest litigation, its principles, and the challenges related to adequate representation and collective res judicata, while also exploring the concept of structural litigation. Through a case study methodology, based on normative and documentary research, the main damages caused by the Mariana disaster were reported, and some of the subsequent legal and extrajudicial measures were addressed, with special emphasis on the class action No. 0023863- 07.2016.4.01.3800. Finally, by combining the literature review on public interest litigation and structural litigation concepts with the case study of the Mariana Disaster, it was concluded that the main public civil action proved to be a true case of structural litigation, whose structural measures not only impacted Samarco but also the National Department of Mineral Production (DNPM) and the Fundação Renova itself. Tue, 04 Jul 2023 00:00:00 GMT http://repositorio.jesuita.org.br/handle/UNISINOS/12873 2023-07-04T00:00:00Z http://repositorio.jesuita.org.br/handle/UNISINOS/12872 A judicialização da saúde e o fornecimento de medicações de alto custo Castro, Audri Dziedzinski de This research aims to answer what is the role of the federated entities to guarantee high cost medication and point out the points related to the problems of excessive judicialization in the right to health. It is mentioned that technological evolution and the law do not move at the same speed and the lack of information and communication between the systems of the federated entities, the population, health professionals and the legal community, end up resulting in unnecessary actions, which could be resolved administratively. The method used in this work is descriptive research, analyzing and interpreting the phenomena without going into the merits. Initially, it summarizes the historical context of the right to health, emphasizing its emergence and applicability. Next, it presents the laws and programs used to guarantee the right to high-cost medication and those medications that are not on the Single Health System's list. The principles, specific laws, ordinances, and decrees, as well as the General Repercussion Issues on medication are also addressed, mentioning the rights ensured to those who are severely ill. In view of this, the methods adopted in some public defenders' offices and health departments are analyzed, as well as the programs of the National Health Surveillance Agency to then point out ways on how to eliminate the excess of judicialization. Still, the judicial attitude towards the "cancer pill" is explained, as an example of the lack of communication and information to the patient and the health professional. At the end, a primer is highlighted aiming to facilitate the transmission of knowledge regarding the bureaucracy to acquire high-cost and experimental drugs, considering that the scope is the guarantee of the right to health. Tue, 04 Jul 2023 00:00:00 GMT http://repositorio.jesuita.org.br/handle/UNISINOS/12872 2023-07-04T00:00:00Z http://repositorio.jesuita.org.br/handle/UNISINOS/12870 Arbitragem e precedentes: contribuições possíveis a partir da crítica hermenêutica do direito Silva, Frederico Pessoa da Relevant aspect within the scope of arbitration, which involves the alternative exercise of jurisdiction, regarding the role of the State, is precisely its relationship with the public system of justice administration. Among the topics that fall within the scope of analyzing this relationship is the controversy concerning the arbitrator's adherence to judicial precedents, primarily due to certain reasonably established dogmatic paradigms regarding the arbitrator's role (e.g., non-subordination to the hierarchical structure of the Judiciary). Thus, the study was divided into three cores. First, an attempt was made to establish fundamental assumptions regarding the contingencies (historical and normative) that shape the understanding of the institution of arbitration in Brazil, especially concerning its central "paradigms," namely the perspective of an intensification in the search for suitable and alternative methods of dispute resolution, as well as the notion that arbitration has as one of its fundamental principles the autonomy of private will - paradigms that, together, contribute to the consolidation of characterizing arbitration as a sort of separate procedural "subsystem," to a large extent detached from the statutory elements of the legal system connected to the State. In the second stage of reflection, attention was turned to the contrast between the two major Western legal traditions (civil law and common law), in order to clarify the predominantly adopted position by the national legal community regarding the legal nature of judicial precedents, especially their position within the structure of legal sources of law. Finally, in the third stage, an extensive overview of the debates within the doctrine of arbitration was attempted regarding the (dis)connection between the arbitrator and the precedents issued by the State Courts. Moreover, an effort was made to position the assumptions adopted by the Hermeneutical Critique of Law (HCL) - a theoretical framework developed by Lenio Streck - within this debate, presenting a comprehensive proposal of the meaning of the binding nature of the judicial agent to past political decisions - regardless of the form in which they are expressed, but with a special focus on binding precedents - according to the paradigm of the Rule of Law and the rejection that it opposes to the perspective that the source of legal authority (and consequently, of judicial precedents) rests on a formal hierarchy criterion among actors endowed with jurisdictional powers. Finally, the possibility of challenging an arbitral award that fails to comply with a binding precedent expressly raised by one of the parties to the arbitral proceedings was discussed in more depth, followed by a possible dialogue between the assumptions of HCL and the thesis of "conscious disregard of a binding precedent" advocated by Guilherme Rizzo Amaral. Wed, 05 Jul 2023 00:00:00 GMT http://repositorio.jesuita.org.br/handle/UNISINOS/12870 2023-07-05T00:00:00Z http://repositorio.jesuita.org.br/handle/UNISINOS/12869 As nulidades do processo administrativo disciplinar de rito ordinário previsto na lei Nº. 8.112/90, na perspectiva da jurisprudência do Superior Tribunal de Justiça Felipe, Éder de Souza Tue, 04 Jul 2023 00:00:00 GMT http://repositorio.jesuita.org.br/handle/UNISINOS/12869 2023-07-04T00:00:00Z http://repositorio.jesuita.org.br/handle/UNISINOS/12868 Quem é o juíz que aperta o botão do google? Entre a incipiência da Lei Geral de Proteção de Dados e a proporcionalidade do uso da geolocalização como meio de prova no processo do trabalho Vieira, Arthur Schirmer This paper delves into the use of geolocation as a means of evidence in labor disputes, examining its impact on employment relationships in light of legislation on personal data protection and the fundamental rights of workers. The research aims to analyze the integration of new technologies into labor dynamics, the challenges they pose, and their implications for employee monitoring and the generation of digital evidence in potential labor claims. Additionally, it seeks to evaluate the harmonization between these technologies and the fundamental rights of workers. The study employs a deductive approach to analyze regulations and legal rulings concerning the permissibility of using employee geolocation, taking into account existing legislative gaps on the subject. The jurisprudence discourse of the Labor Courts of the 24 Regions was considered to ascertain the current admissibility status of using employee geolocation as evidence for overtime claims. The findings reveal that, although it is the employer's responsibility to monitor working hours, there are no legal provisions compelling them to track employee geolocation, even during working hours. Ultimately, it is concluded that situations can arise where the exercise of one constitutionally protected right clashes with another, considering both the fundamental rights of employees and the employer's managerial authority. Thu, 06 Jul 2023 00:00:00 GMT http://repositorio.jesuita.org.br/handle/UNISINOS/12868 2023-07-06T00:00:00Z http://repositorio.jesuita.org.br/handle/UNISINOS/12075 Proteção de dados pessoais: boas práticas e adequação à lei geral de proteção de dados Machado, Philippe Augusto de Mattos Fri, 17 Dec 2021 00:00:00 GMT http://repositorio.jesuita.org.br/handle/UNISINOS/12075 2021-12-17T00:00:00Z http://repositorio.jesuita.org.br/handle/UNISINOS/12074 O (des)cabimento de embargos declaratórios em face do juízo de admissibilidade negativo do recurso especial e recurso extraordinário: paradoxo entre texto legal e a interpretação do STJ e STF Caffarate, Nicole Vargas Wed, 15 Dec 2021 00:00:00 GMT http://repositorio.jesuita.org.br/handle/UNISINOS/12074 2021-12-15T00:00:00Z http://repositorio.jesuita.org.br/handle/UNISINOS/12073 Bitcoins como forma de pagamento de prestações de contratos empresariais Friedrich, Nicole Cristina Mon, 06 Dec 2021 00:00:00 GMT http://repositorio.jesuita.org.br/handle/UNISINOS/12073 2021-12-06T00:00:00Z http://repositorio.jesuita.org.br/handle/UNISINOS/12072 Princípio da sadia qualidade de vida na perspectiva do saneamento básico como direito fundamental Feijó, Nathalia Vargas This final paper demonstrates the importance of environmental law in the society’s life, especially in an area that deserves a lot of attention and that has been discussed in international initiatives, legal norms, political debates, in other words, the efficiency of fundamental principles, such as the healthy quality of life and the effectiveness of essential services as basic sanitation. Well, water is the most precious good in all aspects of human life, but essentially to keep the individual's global well-being. There are a lot of attempts over the years to make access to sanitation effective and universal, besides using environmental resources in an effective and responsible way. Recently, with the advent of Law No. 14.026, which talks about the New Legal Framework for Basic Sanitation, which changed the Law No. 11.445 that was the current one by now, there was an update and changes in the normative treatment about the access to the potable water, in order to make the provision of this service more effective and to ensure its universalization, a bigger protection to the environment, care for natural resources and technology implementation. Basic sanitation is not limited only to access water and sewage treatment, but also to issues related to health and quality of human life, according to the article 225 of the federal Constitution, since there is no way disconnect a propitious and balanced environment with access to the rights and legal guarantees, with a healthy and quality human life. Fri, 10 Dec 2021 00:00:00 GMT http://repositorio.jesuita.org.br/handle/UNISINOS/12072 2021-12-10T00:00:00Z http://repositorio.jesuita.org.br/handle/UNISINOS/12071 Suspensão do contrato de trabalho na pandemia: estudo das aplicações práticas do Programa Emergencial de Manutenção do Emprego e da Renda da Lei 14.020/2020 Freitas, Maria Eduarda Ribeiro de This current paperwork aims at the study of the practical applications of the Job and Income Maintenance Emergency Program, introduced in the pandemic moment by the law number 14.020/2020, specifying, it has the intention of understanding how the reflexes of the suspension action, that the employment contract provided, must be conducted, since it has become a discussion trigger. Through the inductive method for the research, it has been sought to deal with current topics on a reflective way so that a critical view was built about the subject along with the presented authors. Starting there, it was noticeable that the COVID-19 pandemic enabled several legislation modifications, needed, facing the presented context. Mainly, the most affected area was the labor law, since the social distance conducted to several activities shutdowns, the ones which were not able to migrate to remote service. The JIMEP creation came as a loosen movement to companies and a relief to employees who feared the shutting down of workstations. Aiming to maintain occupational contracts and assure economic health of establishments, the program allowed the reduction of working time and suspension of employment contracts, in the meantime, the employee would receive assistance funded by public coffers. Throughout the paperwork, it was noticed that the program reached its goal, but facing the legislation omissions held in relation to the reflexes of the suspension action of employment contracts, a legislation remodeling was checked as necessary so that employees and employers would not suffer with uncertainties. Mon, 13 Dec 2021 00:00:00 GMT http://repositorio.jesuita.org.br/handle/UNISINOS/12071 2021-12-13T00:00:00Z http://repositorio.jesuita.org.br/handle/UNISINOS/12070 Novas figuras na recuperação judicial: análise sobre alguns novos institutos trazidos pela Lei nº 14.112/2020 Tonico, Lucas Dalla Valle Tue, 14 Dec 2021 00:00:00 GMT http://repositorio.jesuita.org.br/handle/UNISINOS/12070 2021-12-14T00:00:00Z http://repositorio.jesuita.org.br/handle/UNISINOS/12068 A tributação dos incentivos fiscais de Imposto sobre Circulação de Mercadorias e Serviços (ICMS): a ilegalidade da incidência de Imposto de Renda de Pessoa Jurídica (IRPJ) e da Contribuição Social sobre o Lucro Líquido (CSLL) Diehl, Lorenzo Marocco The (i)legality of the taxation of ICMS tax incentives by the IRPJ and the CSLL - the focus of study of this monograph - is a widely debated topic in the national legal spheres. For the legislator, this taxation results from a previous definition of tax incentives, that is, if the ICMS tax incentives meet the requirements to be classified as an investment subsidy, they will not be subject to taxation by the IRPJ and CSLL. However, this provision does not explore several other factors that should be considered by the legislator in order to define whether such incentives could compose the tax bases of the taxes in question, such as: the concept of income for the constituent and the observance of the federative pact. Therefore, this conclusion paper seeks to analyze and explain the reasons why the ICMS tax incentives cannot be included in the calculation basis of the IRPJ and CSLL. Furthermore, we will demonstrate reasons why Complementary Law No. 160/17, which has been edited to pacify the conflicts over invalid tax benefits, should not be applied in judgments on the subject at hand. Therefore, in order to carry out the mentioned study, an analysis of the Brazilian legislation, case law and, of course, outline about what the most recent doctrine understands about the subject brought up will be made. From the aforementioned, the clear affront that the taxation of ICMS tax incentives, through IRPJ and CSLL, causes to the constitutional concept of income and to the federative pact established between the Union and the States was verified. However, we also understand that the matter debated here is far from being exhausted in judicial and administrative proceedings, as it is a current issue with solid argumentation bases both for the taxpayer (defended in this conclusion work) and for the National Treasury. Tue, 14 Dec 2021 00:00:00 GMT http://repositorio.jesuita.org.br/handle/UNISINOS/12068 2021-12-14T00:00:00Z http://repositorio.jesuita.org.br/handle/UNISINOS/12067 O Ministério Público do Trabalho e o cenário pandêmico: fiscalização e combate ao trabalho análogo à escravidão no Brasil Schwarzbach, Lariani Brito Thu, 16 Dec 2021 00:00:00 GMT http://repositorio.jesuita.org.br/handle/UNISINOS/12067 2021-12-16T00:00:00Z http://repositorio.jesuita.org.br/handle/UNISINOS/12066 Coreia do Sul e Japão: diferenças normativas na proteção de dados e seus reflexos na decisão de adequação da união europeia D'Avila, João Caetano de Freitas This investigation compares the Japanese and South Korean data protection systems, starting from the hypothesis that the impact performed by the data protection institute holds differences in terms of implementation and application in the two systems in question. The research problem devised to verify the hypothesis stems from marking out the main differences between Japan and South Korea's data protection legislation and understanding how possible divergences between the two legal systems would influence the European Commission's adequacy decision. The study adopted a qualitative comparative methodology, based on an analysis of configurations of conditions, investigating the phenomena as processes of relational needs configured from their insertion in the context under study. After the inspection of the two legal orders, considerable structural divergences were found between the Japanese and South Korean data protection systems and their impacts on the European Union's adequacy decision. As for the distinctions between the regulations, the Japanese one is more lenient regarding the responsibilities of those who control the data and the holders' rights, an identity in line with the Japanese cultural baggage and moral customs. On the other hand, and also for cultural reasons, the South Korean data protection institute has strict biases regarding data protection. This characteristic originates from a period of military domination in which intense state surveillance devices were maintained on the population, resulting in a structure of complete and rigorous data protection norms for the defense of the holders. Regarding the impacts of these characteristics on the adequacy decision, in the case of Japan, the adopted models, despite being based on Western concepts, are equally based on local cultural principles, which can generate complexities in terms of data protection between the European Union and the latter country. On the other hand, in the case of South Korea, there is apparent convergence of local culture to norms originating in the EU, which guarantees greater security regarding data protection between the block and the latter nation. Finally, it should be noted that the safety and regulation of the data protection institute is an indispensable factor for the balance between the economic interest and the protection of an individual's privacy. Wed, 15 Dec 2021 00:00:00 GMT http://repositorio.jesuita.org.br/handle/UNISINOS/12066 2021-12-15T00:00:00Z http://repositorio.jesuita.org.br/handle/UNISINOS/12065 Um continente de inovação e um direito em ilhas? Tecnociência nano e proteção marinha: como a ciência jurídica navegará e tutelará o ambiente aquático frente ao Ocean Nanotech Mendonça, Isabelle de Cássia Fri, 10 Dec 2021 00:00:00 GMT http://repositorio.jesuita.org.br/handle/UNISINOS/12065 2021-12-10T00:00:00Z http://repositorio.jesuita.org.br/handle/UNISINOS/12064 Nos motores do capitalismo de plataforma o microtrabalho como mecanismo de geração de renda ou a máscara da exploração da força de trabalho Scherer, Estelle Kreuz From the First Industrial Revolution to the last, called the fourth of revolutions, the labor market began to be structured in a more organized, integrated and versatile way, thus bringing in the context of a mild and indefinite control, which adapts to the pattern of sharing and that drives the contemporary economy, the so-called gig economy or "shared economy". The reference to safe and regular work, full time, with an employment relationship and through a formal contract, is no longer the source of income for many. The new proletariat is related to crowdworking platforms, where crowdwork – a way of outsourcing fragmented work to a large number of people, on a global level – appears, being a crucial element in the development, production and support of artificial intelligence. Platforms such as Amazon MTurk, Clickworker, Microworker, among others, offer microtasks, which are examples of new forms of automated workforce management and control, enabling, in turn, the creation of flexible, unbound workforces, defining the worker as self-employed. It is under these conditions that a hidden infrastructure emerges, facilitating the relationship between service providers and users, who, in turn, benefit from less protective legislation for the self-employed and take advantage of the freedom to define prices and working conditions. Thus, with precariousness, informalization and the observation of changes in work patterns, informal work is being instituted, in gaps left by formal work. From a traditional employment perspective, the identification of subordinate work is a definitive element for the incidence of Labor Law, with the others being excluded from the protective legal basis. Informality is found not only in the numerical proportion of millions of workers, as well as in the evidence of new ways of economic organization, supported by digital technology. Therefore, the new work pattern should not just be ignored or labeled, it is essential to recognize its existence and importance, realizing the new formats it takes in the face of technological changes, and, in this way, show legal and ethical support for the new national reorganization and international labor markets that it makes possible. Tue, 07 Dec 2021 00:00:00 GMT http://repositorio.jesuita.org.br/handle/UNISINOS/12064 2021-12-07T00:00:00Z http://repositorio.jesuita.org.br/handle/UNISINOS/12063 Litigância de má-fé: da teoria à eficácia da norma com base em análise de decisões do Tribunal de Justiça do estado do Rio Grande do Sul Lopes, Caroline Wed, 15 Dec 2021 00:00:00 GMT http://repositorio.jesuita.org.br/handle/UNISINOS/12063 2021-12-15T00:00:00Z http://repositorio.jesuita.org.br/handle/UNISINOS/12062 O dano moral decorrente da superexposição dos filhos menores, pelos pais, nas redes sociais Benetti, Alexandre André Mon, 06 Dec 2021 00:00:00 GMT http://repositorio.jesuita.org.br/handle/UNISINOS/12062 2021-12-06T00:00:00Z http://repositorio.jesuita.org.br/handle/UNISINOS/11134 Da violência obstétrica à humanização do parto: uma necessária evolução sob o olhar jurídico Silva, Amanda Rosito da This paperwork os course conclusion brings, as it’s central theme, the juridical-legal treatment of obstetric violence in the Brazilian legal system and the framework of humanized childbirth as a fundamental right. The objective os this work is to demonstrate the need for the violence obstetrics to be recognized by law operators and, specifically, to conceptualize this kind of violence, examining how obstetric violence is treated in the national legal system, and provide subsidies for a better framework, as well as to treat humanizing birth as a fundamental right, wich must be guaranteed by the State, and demonstrating how juridical science can contribute to the humanization of childbirth and the prevention of obstetric violence. The method of data collection used was that of bibliographic research, carried out in na explanatory manner and with na eminently qualitative approach Tue, 29 Jun 2021 00:00:00 GMT http://repositorio.jesuita.org.br/handle/UNISINOS/11134 2021-06-29T00:00:00Z http://repositorio.jesuita.org.br/handle/UNISINOS/11129 A hipervulnerabilidade do consumidor idoso na sociedade do crédito fácil Erig, Veridiana Elisa This study aims to analyze the impact of over-indebtedness of the elderly on consumer society, and to identify the social and economic consequences from this perspective. The democratization of credit has made it essential in today's society, but its supply needs regulation in order to prevent the crescent cases of over indebtedness among consumers, especially the hyper-vulnerable consumers - in the present study, in the figure of the elderly, which has been increasingly frequent. The over-indebtedness of older consumers deserves special attention in view of the prediction of a reversal of the demographic pyramid in some years. Therefore, if not treated right away, in a short time the chronic indebtedness in the elderly may represent one of the major social problems in the country. In this context, the legal possibilities of treatment of the problem are presented by the correct application of the theory of dialogue of sources, with provision in the ADCT, as well as through the PL No. 3.515/2015, which although not yet approved, brings a series of measures for prevention and treatment of over-indebtedness, including aimed at the elderly, among which some already used in the Judiciary, such as conciliation with creditors, with the preparation of payment plans. Sun, 09 Aug 2020 00:00:00 GMT http://repositorio.jesuita.org.br/handle/UNISINOS/11129 2020-08-09T00:00:00Z http://repositorio.jesuita.org.br/handle/UNISINOS/11125 O instituto da alienação parental: a proteção dos filhos à luz do ordenamento jurídico brasileiro Belloli, Samantha Oliveira Thu, 10 Sep 2020 00:00:00 GMT http://repositorio.jesuita.org.br/handle/UNISINOS/11125 2020-09-10T00:00:00Z http://repositorio.jesuita.org.br/handle/UNISINOS/11122 A (im)possibilidade de se cumular alimentos na multiparentalidade Lougue, Maria Carolina Fri, 24 Jul 2020 00:00:00 GMT http://repositorio.jesuita.org.br/handle/UNISINOS/11122 2020-07-24T00:00:00Z http://repositorio.jesuita.org.br/handle/UNISINOS/11119 Hipóteses de cabimento de agravo de instrumento: a teoria da taxatividade mitigada adotada pelo Superior Tribunal de Justiça e os limites de interpretação da lei no Estado Democrático de Direito Kehl, Gustavo Rafael The 2015 Civil Procedure Code expressly provided for the possibility of an interlocutory appeal. The present work intends to verify the perspective of the legislator when establishing a list foreseeing these hypotheses, the possible problems resulting from this, the doctrinal positions regarding its interpretation and, above all, the jurisprudence of the Superior Tribunal de Justiça in this regard, especially the resources selected as representative controversy of Theme nº 988, in which the thesis of mitigated taxation remained fixed, which establishes the urgency of the appeal due to the futility of the future judgment on appeal. Specifically in relation to the judgment of the repetitive appeals that originated Theme nº 988, it is intended to investigate the problems arising from the application of the thesis set forth in the trial, to see how the Superior Tribunal de Justiça analyzed the issue before and how it started to analyze it after the judgment and verify the interpretation carried out regarding the list of hypotheses for fitting the interlocutory appeal provided for in art. 1.015 of the Civil Procedure Code. Still on this judgment, we intend to analyze it from the philosophical hermeneutics, then demonstrate that it was a pragmatic decision and also examine whether the limits of the Judiciary were observed in the interpretation of the law in a Democratic State of Law or if represented a practice of judicial activism. Thu, 06 Aug 2020 00:00:00 GMT http://repositorio.jesuita.org.br/handle/UNISINOS/11119 2020-08-06T00:00:00Z http://repositorio.jesuita.org.br/handle/UNISINOS/11116 Criminologia feminista: uma análise do desenvolvimento de uma criminologia sob a crítica da teoria feminista no Brasil com especial foco na mulher transgressora brasileira Lucca, Giovana This research aimed to approach the development of feminist criminology, to understand how it can contribute to the effectiveness of fundamental rights of Brazilian women, with a special focus on incarcerated women. Through bibliographic research on criminology about its main Schools and theories, this work aims to demonstrate the attention given to gender issues by traditional criminology. In addition, the feminist theory was explored, as well as its aspects and achievements, showing that theory and social movements stand side by side and were fundamental in the achievement of rights. In addition, feminist epistemologies were approached, which represent criticisms of traditional research methods and law. Also, the means of social control over women, in a formal or informal way were researched, as well as the essential markers of analysis in the reality of Brazilian women. Furthermore, quantitative data from the prison system revealed the reality of the country and highlighted the treatment given to women in the Brazilian justice system. Through the analysis of the decision in the Habeas Corpus n. 143.641, by the Supremo Tribunal Federal, about the situation of incarcerated women, it was possible to demonstrate the main incidence of informal control means in formal control (justice system). Thus, it was shown that the justice system is not prepared to understand and attend the needs of women, neither to secure their fundamental rights, and that is why feminist criminology it crucial. Besides that, it is clear that there is an urgent need for Brazilian scientific research to increase efforts to research the issue of gender and so contribute to changing the treatment of women by law and the justice system, for the production and effective application of specific legislation, and the consequent abolition of sexist culture in the law field. Through the research, it was possible to conclude that there is a need for a solid development of Brazilian feminist criminology, considering specially the race and class markers, as well as that there is a need for the justice system to pay attention to the gender issue in order to secure women’s fundamental rights and thus structure a justice system prepared and alert to gender specificities. Fri, 07 Aug 2020 00:00:00 GMT http://repositorio.jesuita.org.br/handle/UNISINOS/11116 2020-08-07T00:00:00Z http://repositorio.jesuita.org.br/handle/UNISINOS/11115 A efetividade da ação revisional bancária com base no superendividamento Silva, Gabriel Scherer da This study has as main objective to evaluate the effectiveness of the institute of judicial review of contracts, in view of bank credit supply contracts as a basis for mitigating the effects of consumer over-indebtedness. In first moment, this work will conceptualize over-indebtedness and demonstrate the profile of the indebted consumer. In any case, as a logical corollary of this phenomenon, the facilitation of credit and it’s consequences. However, it is not intended here to criticize the credit system, but to identify the consequences of its misuse, extending the analysis not only to the less economically privileged classes, but for all those who many times have self submitted abusive legal deals. In a second moment, it will be looking for the reasoning of the bank review action as a form of consumer protection and its obstacles in face of the new systematic perspective of the Civil Procedure Code. Ultimately, it will provide a reflection about the requirement of excessive burdens of the Consumer Protection Code and its repercussion on the over-indebted consumer. The study methodology used will be based on law, doctrine and jurisprudence, as well as empirical study of emblematic cases. Fri, 07 Aug 2020 00:00:00 GMT http://repositorio.jesuita.org.br/handle/UNISINOS/11115 2020-08-07T00:00:00Z http://repositorio.jesuita.org.br/handle/UNISINOS/11113 A nova técnica de julgamento trazida pelo artigo 942 do código de processo civil e seus efeitos práticos Candido, Daiana Tue, 15 Sep 2020 00:00:00 GMT http://repositorio.jesuita.org.br/handle/UNISINOS/11113 2020-09-15T00:00:00Z http://repositorio.jesuita.org.br/handle/UNISINOS/11111 A teoria da mitigação dos danos e suas repercussões na responsabilidade civil: uma análise sob a ótica da boa-fé objetiva Weber, Vitória The purpose of this work is to investigate the compatibility of the duty to mitigate the loss with the Brazilian Civil Law, doctrine that has its roots in common law and which concerns to the burden that the injured party adopt an active conduct against a debtor's breach of contract, in order to minimize the damages resulting from the harmful event experienced by himself. Therefore, this research seeks to verify whether legal institutes already consolidated in Brazilian Civil Liability system authorize the reception of such doctrine into the national legal order. It is also intended to examine the origin, development and application of such rule in the scope of foreign and international Law, as well as its connection with the use of the theory by Brazilian Courts, a study that involves the analysis of jurisprudential precedents that deal with the theme. Thus, the main goal is to demonstrate that the Brazilian law imposes such conduct on the victim, even if not expressly, on account of the corrective function assumed by the good-faith principle, which is materialized in the figure of the prohibition of abusive exercise of rights, both general clauses in its meanings and effects. Finally, it appears that the acceptance of the duty to mitigate the loss by Brazilian Law represents a step towards the materialization of civilconstitutional values that are settled at the base of the legal order structure, finding in them its main basis for encompassing the theory in Brazil Tue, 06 Jul 2021 00:00:00 GMT http://repositorio.jesuita.org.br/handle/UNISINOS/11111 2021-07-06T00:00:00Z http://repositorio.jesuita.org.br/handle/UNISINOS/11107 O liberalismo econômico na prática da administração pública: políticas liberais no combate à Covid-19 Carvalho, Victor Hugo Eggers Die erstrangige Absicht dieser Monographie ist wie die brasilianische Öffentliche Verwaltung angesichts der Coronoviruspandemie die Begriffe des Wirtschaftsliberalismus geleitet hat, zu analysieren. In dieser Hinsicht, in Richtung auf das Verhalten der Regierungbeamten in dem Land angesichts der sanitäre Krise die das Planet seit Ende des Jahres 2019 verheert zu analysieren, es braucht diese Studie in drei Momente zu verteilen. Dazu werden wir kurz vor allem die Geschichte die das Wirtschaftsliberalismus das die Welt umkreist, unter dem Prisma von der berühmtesten Philosophen der Liberalschule untersuchen. Danach in den Hintergrund, werden wir anhand von juristischen Branchen, hauptsächlich des öffentlichen Recht beziehungsweise Verwaltungsrecht und Verfassungsrecht, die Verwaltungsstruktur die sich der Brasilianischen Öffentliche Verwaltung durchgesetzt hat, analysieren. Endlich, an dritter Stelle um die Erfüllung, oder nicht, der liberalen Politik zu beobachten, werden wir über die hinsichtlich Kampf gegen die Coronapandemie umstrittenen Entscheidungen von Bürgermeister und Gouverneurs der Länder verhandeln, die Auseinandersetzungen und Polemiks verursacht haben und so die Wortmeldungen von der Gerichte mehrmalig nötig gehabt hatten Wed, 30 Jun 2021 00:00:00 GMT http://repositorio.jesuita.org.br/handle/UNISINOS/11107 2021-06-30T00:00:00Z http://repositorio.jesuita.org.br/handle/UNISINOS/11106 Da governança corporativa ao ESG: green bonds como exemplo de concreção das premissas ESG Loureiro, Nikolas Eduardo Thu, 08 Jul 2021 00:00:00 GMT http://repositorio.jesuita.org.br/handle/UNISINOS/11106 2021-07-08T00:00:00Z http://repositorio.jesuita.org.br/handle/UNISINOS/11105 A convenção de Budapeste e a cooperação jurídica internacional como ferramentas essenciais na repressão aos crimes cibernéticos no Brasil Silva, Matheus Giboski Moreira da The technological advance opens up frontiers previously unexplored by human beings. In particular, the emergence of the internet has changed the way of life of society in general, whether professional or personal, creating almost a dependency on the tool. Ways of working and even contact with social circles are just examples of conveniences and facilities brought about by the internet. However, the use of this global instrument of instantaneous propagation and multitasking attracts the eyes of malicious people ready to take advantage of a complex system and, even though almost everyone uses it, few have the technical knowledge to protect themselves from these threats. Cybercrime is an extremely current reality and an urgent concern that States must have, inclusive because the governments themselves are also targets of cybercriminals. Therefore, as a way of repressing these criminal conducts that do not respect border barriers, unlike common crimes, countries around the world must adopt measures and cooperate with each other, facilitating the exchange of information, diplomatic rapprochement and avoiding conflicts of sovereignty, seeking an increasingly safe environment for internet users inside their respective countries. The Budapest Convention represents the main framework for international cooperation in the repression of cybercrime and, unfortunately, Brazil has not yet adhered to the treaty, although the measure is urgent in one of the countries that suffer most from cybercrime Thu, 08 Jul 2021 00:00:00 GMT http://repositorio.jesuita.org.br/handle/UNISINOS/11105 2021-07-08T00:00:00Z http://repositorio.jesuita.org.br/handle/UNISINOS/11102 Ação rescisória: ação rescisória por ausência de adequada distinção na aplicação de matéria vinculante: análise dos parágrafos 5º e 6º do artigo 966 do CPC Dettenborn, Marlon Felipe Thu, 01 Jul 2021 00:00:00 GMT http://repositorio.jesuita.org.br/handle/UNISINOS/11102 2021-07-01T00:00:00Z http://repositorio.jesuita.org.br/handle/UNISINOS/11099 Manipulação genética humana e suas implicações no sistema jurídico: a regulamentação jurídica das pesquisas genômicas em humanos frente aos princípios da Bioética Souza, Mariana Vieira de The present work has as its theme the implications on the legal system in response to the new techniques of human genetic manipulation provided by biotechnology. Scientific, jurisprudential and doctrinal research, followed by analysis and interpretation are used as a method to achieve this study. The analysis is necessary due to the various possibilities of use and commercialization that result from these innovations and is carried out based on the appreciation of proactive, proactivist and moderate doctrinal currents, noting antagonisms and consensus among them, as well as national and international jurisprudential and legislative trends regarding matters of similar nature. It is necessary, initially, to dismantle some of the most essential concepts to the subject, to then understand what genetic engineering is all about and how bioethics operates and can be applied to it. The aim of this study is to bring a future perspective in relation to genetic intervention in human beings, as well as its benefits and harms, and its correlation to human rights. Finally, in view of the unpredictability of the topic, it is clear that it is impossible to regulate a practice that has not yet been consolidated, however, it is plausible to require the observation of basic constitutional and bioethical principles when faced with the practical issues that arise with the manipulation of the human gene Wed, 07 Jul 2021 00:00:00 GMT http://repositorio.jesuita.org.br/handle/UNISINOS/11099 2021-07-07T00:00:00Z http://repositorio.jesuita.org.br/handle/UNISINOS/11097 A tributação sobre o patrimônio imobiliário no Brasil (IPTU e ITR) como instrumento da desigualdade à brasileira Oliveira, Leonardo de Tue, 29 Jun 2021 00:00:00 GMT http://repositorio.jesuita.org.br/handle/UNISINOS/11097 2021-06-29T00:00:00Z http://repositorio.jesuita.org.br/handle/UNISINOS/11096 Gestação de substituição: uma análise acerca da evolução do instituto familiar e dos possíveis conflitos de parentalidade Bergmeier, Kelly Kenise Alves Tue, 29 Jun 2021 00:00:00 GMT http://repositorio.jesuita.org.br/handle/UNISINOS/11096 2021-06-29T00:00:00Z http://repositorio.jesuita.org.br/handle/UNISINOS/11094 Os mecanismos de justiça consensual no processo penal brasileiro: entre eficiência e garantia Roloff, Bruna Caregnato This paper addresses the issue of consensual criminal justice with a Brazilian scope, analyzing whether the expansion of negotiation mechanisms, through broader agreements between prosecution and defense, will reinforce stigmas and result in violations of fundamental rights of the accused. The general objective is the analysis of the plea bargain tool and the negotiant mechanisms arising from it, the already existing international experiences, as well as the feasibility and impact of any expansion of the methods negotiated in the Brazilian legal system. This theme is extremely relevant today in view of the expansionary trend of negotiant justice that occurs in several countries. The research was conducted using the hypothetical deductive method and the monographic procedure method with bibliographic and documental research techniques. The reader is initially introduced to the negotiation principles through their context of emergence in the United States of America, with the plea bargain, as well as the development with negotiant justice in other countries. Then, there is the presentation of the consensual mechanisms already existing in the Brazilian scope, as well as the presentation of the legislative project that proposes its expansion. In the last chapter, the differences between the Brazilian and North American legal systems, the influence of the latter in the Brazilian legal system, statistics that demonstrate the selectivity of Brazilian punitive law, and the fundamental guarantees that can be violated with the use of more comprehensive consensual methods are then addressed. It is concluded that the consensual methods, in the matter of efficient and swift forms of resolution of criminal cases, should be used with great caution and only in specific cases, due to the possibility of serious violations to the guarantees and fundamental rights from the use of abbreviated procedures. Mon, 10 Aug 2020 00:00:00 GMT http://repositorio.jesuita.org.br/handle/UNISINOS/11094 2020-08-10T00:00:00Z http://repositorio.jesuita.org.br/handle/UNISINOS/11093 Implantação do marco regulatório das parcerias entre a administração pública e as organizações da sociedade civil no município de Novo Hamburgo Petry, Flavia Barbara Ruschel Tue, 06 Jul 2021 00:00:00 GMT http://repositorio.jesuita.org.br/handle/UNISINOS/11093 2021-07-06T00:00:00Z http://repositorio.jesuita.org.br/handle/UNISINOS/11092 Por uma redução dos graus de separação entre Jeremy Bentham e John Rawls: aproximações entre o utilitarismo benthamiano e a justiça como equidade Parenza, Fabrini Landevoigt This work is about utilitarianism, proposed by Jeremy Bentham in the 18th century, justice as fairness, developed by John Rawls in the 20th century, with its unfavorable statements towards the widely understood utilitarianism, and possible parallels between both moral and political philosophy theories. The goal is to initiate and find, by consulting some of Jeremy Bentham's works, a definition of utilitarianism and of the rational consequentialist criterion of utility, proposed by moral and political philosophy, developed with rule utilitarianism, which is related with Law and legislation. Then, the research focuses on justice as fairness, proposed by John Rawls, aiming to understand it as an alternative and as a critic to the utilitarian doctrine. Finally, the relevance of the critics of common and of Rawls can be verified, applied to Bentham's utilitarianism as well as possible parallels between both theories, both in their destination to the legislator and in their moral justification. The dialectic study is supported by the bibliographic review of the main works of the philosophers whose theories are being analyzed, as well as by contemporary commentators, both national and foreign. Furthermore, we researched educational works for concepts and elements of moral and political philosophy Fri, 02 Jul 2021 00:00:00 GMT http://repositorio.jesuita.org.br/handle/UNISINOS/11092 2021-07-02T00:00:00Z http://repositorio.jesuita.org.br/handle/UNISINOS/11091 A influência do julgamento do caso “Damião Ximenes Lopes versus Brasil” na corte interamericana de direitos humanos na reforma psiquiátrica brasileira Lacerda, Athos Sartori The present essay aims to identify if the judgment of the Case of Damião Ximenes Lopes versus Brazil in the Inter-American Court of Human Rights, in 2006, influenced the Brazilian Psychiatric Reform, which occurred in the country through Federal Law No. 10.216. The research was developed using the hypothetical deductive method. The research technique was bibliographic, with the study of doctrine, jurisprudence, scientific articles, scientific journals and other means that helped to deepen the case of Damião Ximenes Lopes, as well as about the Psychiatric Reform in Brazil. The method of procedure adopted was monographic. The case is important because it was the first time Brazil had a case judged internationally. Initially, it is explained to the reader the Inter-American Human Rights System and the handling of the case mentioned above. Afterwards, it is explained the history of the Anti-Asylum Movement and its consolidation through the Psychiatric Reform in Brazil. Finally, the last chapter is about the questioned influence, presenting the interfaces between the Damião Ximenes Lopes’s Case and the Brazilian Psychiatric Reform, as well as the challenges faced today for an effective concretization of human rights of psychiatric patients in the country. Mon, 14 Sep 2020 00:00:00 GMT http://repositorio.jesuita.org.br/handle/UNISINOS/11091 2020-09-14T00:00:00Z