The civil non-prosecution agreement, as an instrument for consensual resolution of conflicts in
the context of administrative improbity, was established in art. 6th, of Law No. 13.964/2019,
which amended art. 17th, §1, of Law No. 8.429/1992 (Administrative Improbity Law), whose
original wording prohibited the transaction, agreement or conciliation in this area. However, it
was Law No. 14.230/2021, which, when making a broad change to the Administrative
Improbity Law, added art. 17-B with the institute’s regulations. Although the legal provision
outlines important directions for the formalization of the aforementioned adjustment, it was not
able to present a solution to all the questions raised. This work aims to outline a broad approach
to the civil non-prosecution agreement, analyzing it as a mixed legal transaction, that is, with
repercussions in the scope of substantive law and procedural law. We start from the ANPC's
existence plan, addressing the factual elements that its nature requires as an existential
condition. We then move on to analyzing the civil non-prosecution agreement in terms of
validity, with the analysis of the requirements relating to the agents involved in the adjustment,
its essential and non-essential content and the legal formalities required. We move on to the
ANPC's focus on effectiveness, dealing with the concretization in the legal world of the facts
that constitute its factual support, as long as the conditions necessary for the integration of the
effectiveness of the adjustment are met. Finally, the measures aimed at guaranteeing the
effectiveness of the civil non-prosecution agreement are presented, which involves the idea of
achieving its results and legal purposes, with the fulfillment of all obligations contained in the
adjustment.

This is an explanatory, bibliographical, applied, and qualitative research that, through the
dialectical method, investigated the limits applicable to the sanction to be granted to the
awarded collaborator, under the terms of the Law of Criminal Organizations. To this end, the
traditional criminal sanctions (penalty, security measure and socio-educational measure) were
characterized, as well as the rewarding sanctions arising from the award-winning
collaboration, the ANPP, the criminal transaction and the conditional suspension of the
process. Comparing the concept, the degree of imperativeness, and the purposes of each of
these sanctions, it was concluded that the rewarding sanction is a distinct element of the
penalty, characterized as the fourth path of Brazilian Criminal Law. Such a distinction,
however, does not grant it wide freedom of determination, since the rewarding sanction is an
element that influences the criminal penalty, lacking autonomy. In a second line of argument,
the scientific, legislative and jurisprudential panorama was analyzed regarding the benefits
that can be granted in the award-winning collaboration. Failures were demonstrated in the
following arguments favorable to the extralegality of the clauses: the application of analogy in
bonam partem in favor of the collaborator; the logic that “those who can do more can do
less”; the understanding according to which the principle of legality is a guarantee of the
accused/investigated, and cannot be used to harm them; the position that the existence of a
legal microsystem of award-winning collaboration would authorize the granting of benefits
provided for in other laws, in addition to Law No. 12,850/2013; and the argument that
prohibiting extralegal benefits would make the agreement unattractive to the collaborator.
Then, the validity of the following arguments in favor of the strict legality of rewarding
benefits was demonstrated: violation of the principle of separation of powers and the
accusatory process model; the violation of the principle of isonomy and the increase in the
selectivity of the penal system; the fact that the self-regulation of the will by the parties is
limited by law; the incompatibility between unrestricted negotiated criminal justice and the
Brazilian legal system; the historical interpretation of art. 4, §7, item II, of the Law on
Criminal Organizations; and the demonstration of abuses arising from the unrestricted
expansion of bargaining power in foreign jurisdictions. Possible measures to promote legal
certainty to the institute of award-winning collaboration were also discussed. In the end, it
was concluded that granting extra-legal benefits to the award-winning collaborator is
prohibited, under the terms of Law No. 12,850/2013.

The object of this investigation is the traditional communities’ knowledge protection within
the scope of industrial property, seeking to perceive an interface between the humanitarian
challenges for the protection of such knowledge and the demands of economic and social
development of industrial law. Once the theme is established, our research will build on the
basis of a comparative study of the relevant legislation in Brazil and Mexico, in order to
identify the adopted forms of protection and regulation of traditional knowledge. The
methodology used was hypothetical-deductive, based on the specific method of comparative
law, namely the micro comparison, since we developed a comparative study of a specific
institute contained in the Brazilian and Mexican legal systems. In the first stage of the work,
we sought to establish the fundamental theoretical frameworks in the field of industrial
property, its concept, foundation and legal nature. This conceptualization, especially
regarding the foundation of industrial property rights, was based on the institute's generational
movements, starting with the first generation, marked by the Treaty of Paris, moving on to the
second generation, with a marked predominance of the economic heritage character of
industrial property, having the TRIPS Agreement as its international framework, and ending
with a potential third generation, where we seek to identify a possible human character in
intellectual property rights and how this interface can be understood and developed. In the
second stage of the work, we sought to establish the conceptual bases for traditional
knowledge, that is, the constitutive elements of this knowledge, based not only on legal
sources, but also on sociological and anthropological ones. Based on the elaborated concept,
in which the symbiosis of the knowledge of traditional communities with the surrounding
biodiversity stands out, the economic relevance of this knowledge was identified, namely in
the production of biotechnology, where a marked predominance of foreign biotechnological
patents based on Brazilian traditional knowledge. In the third and final stage, the specific
international and national (Mexican and Brazilian) norms on the protection of traditional
knowledge were listed and analyzed, in order to identify the possible and most appropriate
forms of protection, based on a methodological-comparative effort between these forms of
guardianship, tracing their most relevant similarities and distinctions. In conclusion, based on
the data and analyzes obtained, we sought to delimit the concepts brought throughout the
work, namely the traditional knowledge, in its essential elements and legally relevant interests
of its protection, as well as to carry out a critical approche of the options of the Brazilian
system, based on these interests and international examples, recognizing the protection of
traditional knowledge as an opportunity to recognize the interface between intellectual rights
and the human rights system, but also its effectiveness challenges.

This research aims to question the impacts of Restorative Justice in cases of domestic and family
violence against black women and the community relationship of those involved with
restorative practices in Brazil. The Brazilian black community, from the impacts of racism,
colonialism, sexism situates itself in conditions of subalternity, since the black individualized
bodies which star as the ones involved in adjudication, as well as silenced in the very elaboration
of the category of race as episteme, positioned in the scientific contributions inside and outside
of the academic environment. As such, the assessment of the structure and functioning of
Restorative Justice goes through the methodology of documental investigation, using a
qualitative approach, and through the official documents in the format of reports produced by
the National Council of Justice (CNJ) about Restorative Justice and this one, associated to
domestic and family violence against women and the norms which regulates Restorative
Justice. The theorical milestone which ballasts the reasoning is the critical criminology centered
in the racial aspects per Ana Flauzina (2018), Thula Pires (2020), Deise Benedito (2018).
Authors like Sobonfu Somé and Raymond Adamore are presented as proposers of non-penal
intervention in conflicts inside marital relationships in a racial perspective, dialoguing with the
multiplicity of conceptions of restorative practices. Therefore, the absence of racial approaches
also related to punitivism, and the indefiniteness of the notions of community in Restorative
Justice, delimit the insufficiency of the enhancement of the public policy which integrates the
criminal justice system.

The scope of this work is to study the possible criminal repercussions arising from
carrying out arbitrary medical-surgical procedures with curative purposes in Brazil.
The research, therefore, intends to evaluate the extension of the principle of patient
autonomy in the country, considering the normative evolution that honors the
patient's autonomy and establishes a new format for the doctor-patient relationship,
favoring their self-determination. The analysis, therefore, pervades the concept of
autonomy in the doctor-patient relationship, as well as consent as a form of
exercising autonomy, bringing to light the rules of the Federal Council of Medicine
that address authorization to perform invasive medical procedures and the possibility
of therapeutic refusal. The possible limits and content of the power of disposal over
one's own body were addressed in accordance with the national regulations currently
in force. In this hypothesis, the reflection focuses on the possibility of medical
criminal liability for actions contrary to the patient's consent, in medical-surgical
procedures that aim to prevent the imminent death of the patient.

The Brazilian State has been the target of condemnations before the Inter-American

Court of Human Rights. This paper proposes to study the judgment of the Inter-
American Court of Human Rights known as the "Case of the Employees of the Santo

Antônio de Jesus Fireworks Factory v. Brazil" based on the theoretical supports
offered by Michel Foucault's Biopolitics and Achille Mbembe's Necropolitics. The
study is based on the idea that cases like this are only possible because of the
structural racism of Brazilian society, which establishes an informal caste scheme in
which (especially based on racial criteria) some citizens are treated as an underclass
that is not entitled to state protection or social commotion, representing not effective
tragedies or isolated events, but the "normal" functioning of Brazilian society. It
seeks, in the end, based on institutes linked to Corporate Governance to be fostered
by the State, such as Anti-Discrimination Compliance and Human Rights Arbitration,
to propose ways to overcome this state of affairs.

This present dissertation investigates how the Brazilian State has responded to na initiative from the peoples and traditional communities in producing not conventional legal norms, such as the indepent protocols of consultation. The aim is to comprehend how the peoples initiative, as foundation of the Convention 169 from the International Labor Organization (ILO), by the development of the indepent protocols of query it presents as an alternative against the rights violation and guarantees of the peoples and traditional communities. The methodology consisted mainly in theoretical survey and bibliographic review, still, documentary analysis, as well as judicial decisions from the Brazilian courts that recognize the legal validity and the binding power of the protocols. It searched to demonstrate that the rights of the peoples and traditional communities to the participation and prior consultation to the provisions on Convention 169 of the ILO, and they occur directly from the democratic principles of Law, having materially constitutional status. In addition, it writes about the recognition of rights to the prior consultation and the participation as fundamental rights og immediate application. The indepent protocols of consultation revealed a signifcant mechanism of participation of the indegenous peoples, quilombolas and traditional communities in different topics that affect the rights of this group, also revealing a new way of use and meaning. Therefore, it makes a systematic interpretation of the right of consultation, based on the principle parameters of the Convention 169 of the ILO, emphasizing the immediate applicability of that fundamental right, in order to the protocols highlight as the practical imp

This work aims to analyze the viability of a synthesis between the thoughts of James
Boyd White and Alasdair MacIntyre with regard to a legal model based on a
communitarian narrativism based on the practice of translation. Based on a
bibliographical research of the aforementioned authors, the work proposes to face
the problems arising from the assumption of the postmodern societas model, in which
the person considered as an individual has lost the references of tradition and,
consequently, the possibility of solving moral questions through the exercise of
practical rationality. In this endeavor, the work assumes the premise, in an
Aristotelian line, that the distinction between morals and ethics is innocuous, since
the object of analysis of the two fields is identical. Thus, the first chapter presents the
foundations of this problem from a historical-sociological path brought by MacIntyre in

which the need for a return to a communitas based on the development of a neo-
Aristotelian ethics of virtues is indicated. After that, in the second chapter, James

Boyd White's proposals are brought for the re-reading of this individual from a
perception of language as engaging ethical commitments between the communities
that this person inhabits. In addition, the third chapter presents the considerations of
the two authors regarding the practice of translation as an ethical commitment to a
communitas, in order to conclude with the possibility of using the authors' thinking in
this ethical translation as a means of facing the problem of universality of morals.

The present research is situated in the field of study concerning the legitimacy of the role of the
Military Justice as an entity that belongs to the Brazilian Judiciary and has been granted the
competence to judge military crimes supported by law, thus involving the military and civilians.
Hierarchy and discipline are upheld within the military as a coercive norm and a permanent
value, and their preservation is entrusted to the military-judicial system through the Military
Police, Council of Justice, and Superior Military Court. In turn, the supreme law crystallizes
the precepts of freedom (material) and due process of law (procedural) as fundamental norms,
including the essential notions of equality between the parties, impartiality of the judge and
parity of arms. Based on this notable dichotomy, the purpose of this research is to problematize
the limited scope of the military justice system to agents linked to their subordination
relationship, which is perceived as a violation of the process due to their attack on plainclothes.
The novelty lies in approaching the performance of this branch from the restricted nature
imposed by its safeguarding legal interest of specialization, considering its presence in the
actions of soldiers. The appropriate methodology employed was deductive, primarily relying
on doctrine and norms, in addition to the author's research findings during undergraduate
studies. In the first chapter, the aim was to establish whether hierarchy and military discipline
are applied as rules or principles, also considering the interpretative framework of fundamental
rights as limits on state power and its restrictions, all fostering objective boundaries for the
examined branch's scope of action. The following chapter was designed to analyse the historical
construction, structure, and competence of the military justice system in Brazil, specifically
highlighting the insufficiency of the ratione legis or ratione materiae criteria to establish
competence, and the compared law was also used for such purpose. In the main and final
chapter, the focus was on the restricted nature of the military justice action, attributed to its own
hierarchy and military discipline as norms and values, as the only legal interest to alow and
exclude the judgment through anomalous hybridization between the barracks and justice.
Specifically, the major cornerstones of soldiers are applied as rules to the military and as
principles in the Military Justice, serving as instruments for protecting military institutions and
cohesion, while also ensuring the custody of military authority. As a result, this impacts the
military criminal process with severe limitations and even violations of due process.

The main objective of this dissertation is to carry out a comparative study between the material labor law of Guinea-Bissau, in the light of its legal system and the material labor law of Brazil, through its labor legal instrument. Without prejudice to make critical analysis of the judicial system, looking at the difference, proximity and the advances achieved in each legal system. The theme under analysis addresses subordinate labor relations in Guinea-Bissau, after democratic opening in 1994 and in Brazil after labor reforms in 2017. To the problem that arises in the research, aims to understand, To what extent and how are the fundamental guarantees of the worker in Guinea-Bissau and employed in Brazil, in the light of the violation of the employment relationship? As is well known, it is not intended to study all the legal institutes that constitute the materiality of labor law, but it is sought to study only certain institutes that reveal interest in research, among which the following stand out: Protection, safety and hygiene to the work environment, Right to rest and paid vacations, Freedom of association and right to strike and Arbitrary or unjust dismissal. Given the approach of these institutes in comparison, it is understood that the exercise of the fundamental rights and guarantees of workers in Guinea-Bissau is quite precarious. Although there are certain advances in the chapter of conclusion of the employment contract, which does not give any margin to the employer, when he wants to be exempt from contractual liability. However, from the above, it is concluded that the protection of the rights to work and the implementation of fundamental guarantees is non-existent in Guinea-Bissau. In relation to the reform carried out in 2017 in Brazil, it is noted that it brought many gains for employees, generally reinforcing the security in employability, through the adoption of certain clear measures that guarantee employees job stability. It is known that the comparative study will help to better understand the thinking of the constituent and the infraconstitutional legislator of each State, on the protection of the right to work, in relation to the legal institutes in comparison. In this study, the inductive method was adopted, which is associated with bibliographic research, interpretations of constitutional texts and other ordinary laws, and eventual analysis of jurisprudence.

The present research aims to discuss Popular Participation and Democracy, as well as address
the importance of a transparency portal in public administration. Furthermore, it intends to
develop a project for the implementation of a Transparency Portal for the entire territory of
Benin, a small country located in West Africa. It is understood that popular participation
implies satisfying the needs of citizens as individuals or as groups, organizations, or
associations, enabling them to act through legislative, administrative, or judicial means in
support of the public interest, which represents the aspirations of all social segments. The
Transparency Portal, in turn, can be characterized as a tool developed to allow society to
monitor the use of all public resources, thereby enabling a more active participation in the
discussion of public policies. In other words, it serves as a form of social control.
Consequently, the following question is formulated: Would it be possible to adopt the
Transparency Portal as an instrument of popular participation in Benin in order to promote
more efficient public administration? The objectives include analyzing the creation of a
Transparency Portal in the current context, with the purpose of establishing a manual for
implementing this tool in Benin. Additionally, the research will focus on discussing the
chosen theme, considering Salvador as the specific city under study. As for the methodology,
the study is based on basic research with a bibliographic nature, incorporating in-depth case
studies, exploratory objectives, and a qualitative approach, as it encompasses all these stages.
The results indicate that popular participation is of fundamental importance in a country's
democratic process; however, it is necessary for citizens to recognize their rights and duties
in order to achieve a fair and egalitarian society. In conclusion, it is stated that Salvador's
Transparency Portal fulfills the requirements of openness, providing a clear display of data,
and it is expected that with the creation of a Transparency Portal for Benin, the country will
be able to appropriate and make good use of it in the interest of a democratic society.

This dissertation was developed in search of understanding the possibility of
differentiated restrictions on the religious freedom of Sabadista military personnel
based on the constitutional missions of the Armed Forces. Given clear constitutional
principles and rules that protect conscientious objectors for philosophical or religious
reasons from compulsory military service, this research arises from the need to
understand how the religious freedom of those who serve in the Armed Forces
voluntarily is protected. How to protect the personal dignity of those who already
follow Sabadist dogmas, volunteers to carry out military service or those soldiers
who, after joining the ranks of the armed forces, convert to one of the Sabadist
religions. Sabbathism, in addition to being originally followed by Judaism, is a
dogma adopted by some evangelical churches that fundamentally observe Saturday
as a day of rest, in accordance with the biblical precept in the book of Exodus,
chapter 28, verse 8. The aim of this research is demonstrate whether it is possible
to formally implement the duty of reasonable accommodation in military activity, thus
reducing practices of religious intolerance.

This research addresses the vulnerable condition of black pregnant women seeking
access to public health policies in Brazil, in the face of an ongoing colonial project,
marked by racism and sexism as structures of Brazilian society. This is theoretical
and documentary research that, through a hypothetical-deductive method, addresses
pregnancy as an event that integrates the process of becoming a mother, from the
perspective of black women, crossed by race, class and gender oppression. To this
end, the tool of intersectionality is used to analyze the concept of vulnerability and the
principle of respect for vulnerabilities, relating them to the theoretical constructions of
bioethics of protection, bioethics of intervention, as well as critical bioethics of
feminist inspiration. Going through concepts such as biopower, biopolitics and
necropolitics, the research presents the notion of obstetric racism and relates the
situation of maternal death of black women in the Brazilian public health system to
the genocide of the black population.

Starting from the backdrop of growing concerns surrounding the expansion and potential
social implications of healthcare-related lawsuits in Brazil, a crucial question emerges: can the
lens of Law and Economics enrich the legal decision-making process when it comes to
finding fine solutions for upholding the fundamental right to healthcare? Judicial rulings on
healthcare matters often lean towards microjustice, neglecting the broader costs of these
rights. It's not uncommon for these issues to be framed as a clash between the plaintiff's right
to healthcare and the budgetary constraints of the defendant. This approach not only
transforms the right to healthcare into an absolute a priori principle but also overlooks the
actual collision between an individual's right to healthcare and the collective dimension of this

right. Given the hypothesis, drawn from a literature review, that the number of healthcare-
related lawsuits are on the rise in Brazil and they impact public healthcare budgets, the

overarching objective of this study was to examine the repercussions of judicial decisions on
the public healthcare budget of the State of Bahia from 2018 to 2022. The research
methodology primarily embraced a pragmatic approach, utilizing mixed research strategies
(quantitative and qualitative) through data collection and analysis methods. The main sources
of information were derived from the Conselho Nacional de Justiça and Portal Dados Abertos
Bahia. From this empirical phase, it became evident that judicial decisions significantly affect
the public budget allocated to healthcare in Bahia. Moreover, the rate of new legal actions in
the state has been outpacing the national average. Interestingly, despite this trend, the
Northeast region of the country ranks among the regions with the lowest per capita healthcare
budgets in the country. While the Judge's disregard for the costs of the right to healthcare is
seen as detrimental to the collective dimension of this right, there's a suggestion that the
consequentialist perspective offered by Economic Analysis of Law could pave the way for a
more nuanced judicial approach.

The present study aims to address the following question: Are the sanctions outlined in the
LGPD, which can be enforced by the ANPD against the Direct Public Administration, deemed
appropriate and effective in achieving the goals of the LGPD? The primary objective of this
research is to investigate the suitability and efficacy of the punitive measures established in
the LGPD, potentially applicable to the Direct Public Administration, to discern whether they
are capable of actualizing the intentions aspired by the LGPD. Moreover, specific objectives
of this work include: a) examining the context of authority establishment within the European
data protection framework to identify benchmarks for the formation of such authorities,
acknowledging the significance of the General Data Protection Regulation (GDPR) as a
primary inspiration for the LGPD and its influence on various facets and features of the National
Data Protection Authority (ANPD); b) ascertaining if the sanctions provided in the LGPD are
fitting within the Brazilian punitive context, particularly concerning oversight and penalty
imposition on the Direct Administration, and examining their ability to bring about the outcomes
sought by the LGPD; c) proposing suggestions for potential areas of enhancement in relation
to the Brazilian punitive model within the ANPD's purview and its role in relation to the Direct
Administration.

This research proposes to do an analysis of the hypersufficient worker from the point
of view of the exercise of the fundamental right of recognition of collective agreements
and conventions in his employment contract. The research problem that was sought to
be faced consists of the possible existence of limitations regarding the exercise of this
right in view of the innovations brought about by the Labor Reform that categorized
hypersufficiency under the terms of the sole paragraph of art. 444 of the CLT and
collective norms that, considering the greater autonomy granted by the legislator, now
provide for the inapplicability of their terms in relation to hypersufficient workers. The
research was carried out using the essentially deductive method, with a literature
review, documental and legislative analysis, as well as judicial decisions that
addressed the topic. As a result of the analyses, it was possible to observe the
existence of a limitation to the aforementioned fundamental right of this worker,
suggesting that, in light of constitutional rights, the provision contained in the sole
paragraph of art. 444 of the CLT must be interpreted allowing hypersufficient
employees to be guaranteed the possibility of applying the collective norm, even if the
negotiating instrument has a provision in a different sense.

Ethical and social issues permeate the debates about the right to reproductive
autonomy of adolescents, especially when confronted with painful situations, such as
rape. In this context, otherness emerges as a crucial tool in the adolescent's ability to
exercise their autonomy. In analyzing the otherness in this scenario, it was sought to
provide a reflection on the respectful and supportive approaches to autonomous
decision making under such complex circumstances. In this sense it aimed to
analyze otherness as a tool in the autonomy of the adolescent in the decision for
abortion in cases of rape through bibliographic and documentary research. First,
presented the bioethical capacity as a way of access to reproductive health of the
adolescents, as well as the principle of autonomy of will, the theory of the minor
mature and the assent as a way of empowering the victim adolescent of rape in an
interconnection between law and bioethics. Subsequently, the analysis fell on the
reduction of harm in cases of sexual violence against adolescents, the hypotheses
permitted by the legal system of exercising the abortion in Brazil, going through
access to the procedure when adolescents are victims of rape, and the collision of
power was treated familiar against the adolescent's autonomous action in the ability
to deliberate. Finally, what is the alterity in the assistance of adolescent’s victims of
rape, as well as in the consent informed in the face of abortion and therefore
proposed alterity as a founding tool in the autonomy of the adolescent victim of rape
against abortion.

This dissertation has as its theme an approach that comprises the area of concentration
focused on Public Law, having as its line and study the Democratic State of Law and
Access to Justice, with the purpose of understanding the existing problem in
guaranteeing access to justice, having as through restorative justice for criminal
conflicts, to which the actions implemented by Resolution No. 225, of May 31, 2016 of
the National Council of Justice (CNJ), aim to guarantee this access, considering the
active participation of the victim, offender and community .
We sought to demonstrate that the editions contained in CNJ Resolution no. 300 of
11/29/2019 - which inserted articles 28-A and 28-B to CNJ Resolution No. 225, of May
31, 2016, which provides for the Policy National Restorative Justice within the scope of
the Judiciary and provides other measures, and in Resolution No. 458 of 06/06/2022 -
which adds article 29-A to CNJ Resolution No. 225/2016, which provides for the
National Justice Policy Restorative Justice within the scope of the Judiciary and other
measures, demonstrate that there is a constant search, through Restorative Justice, to
achieve access to Justice in the criminal sphere in a substantial way, providing greater
democratization in Criminal Law.
As a problem, we sought to identify that the effective realization of rights is not a mere
result of the immediate inclusion of the right to access to justice in the Constitution and
infra-constitutional laws, but also, the availability of means and mechanisms for the
effective substantial implementation of the normative framework.
The timing of application of restorative practices and their implications was
demonstrated, as well as greater adherence to practices in the context of crimes with less
offensive potential, despite there being paradigm shifts in relation to applicability to
more serious crimes.
We sought to analyze the function of Restorative Justice as a way of implementing
Access to Justice, the participation of the Democratic Rule of Law and popular
participation in public spheres.

This thesis investigated the initial formative period of the concept of abuse of electoral power, occurred from April 1,

 1964 to June 21, 1971, during the Brazilian civil-military dictatorship. The guiding question asked whether the 

concept of abuse of electoral power was constructed, among April 1, 1964 and June 21, 1971, by copying the 

concepts of abuse of rights and/or abuse of administrative power. The working hypothesis, confirmed by the 

findings of the research, is that this type of abuse of power was incorporated to be used in a way politically 

instrumental, without direct affiliation to the abuse of the right of Private Law or to the abuse of public law power. 

The two most relevant theoretical landmarks were the history of concepts, described by Reinhart Koselleck, and the

 conception of peripheral modernity prepared by Marcelo Neves. The methodology employed document analysis and

 reviews bibliography and jurisprudence. The thesis began with brief presentations about the milestones most 

relevant theories. In the next chapter, we studied what is currently understood by abuse of electoral power, 

in order to highlight the disagreements, including regarding the origins, of this concept. The fourth and fifth 

chapters were dedicated, respectively, to the stories of possible predecessors or inspirers of the abuse of 

electoral power, the concepts of abuse of right and abuse of power in public law. And the sixth chapter 

examined how it was invented, at the legislative, jurisprudential and doctrinal levels, the abuse of electoral 

power in the Brazilian Constitutional and Electoral, in the midst of the process of institutionalization of the 

dictatorship civil-military. Then, the repercussion of this formative process in the present was described, 

detailing some of the main problems resulting from it. The conclusion compiled the observations made during 

the work.

In the context of globalized capitalism and peripheral capitalism, in a legal system that
elected the custodial sentence as the criminal sanction par excellence, the so-called
restorative justice emerges. Without clarified origins and its own concept, the
restorative model proposes a so-called “changing lenses”, a new perspective on crime,
the subjects involved and practices in the criminal process. The restorative model,
although intended to be a penal alternative, may come to be configured as an
alternative penalty. In this sense, it is necessary to ask what is the possibility of
expanding the state's punitive power through restorative justice? Given this scenario,
we intend to analyze the means through which the restorative model runs the risk of
increasing the state's punitive power, as well as the possibility of a merely symbolic
use of restorative justice. In this sense, the increase in punitive power by restorative
justice may occur due to the risk of increasing the extension of the penal network, the
inability to overcome the penal paradigm, in addition to the protagonism assumed by
judicial actors, to the detriment of the interests of the subjects involved in the conflict,
as well as as the risk of reproduction of penal selectivity. Thus, in addition to the
analysis of previous experiences of frustrated attempts at penal reform, a study was
undertaken of the normative bases that make restorative justice viable in the Judiciary
within the scope of the Court of Justice of the State of Bahia, seeking to analyze the
local restorative experience, in order to investigate how the model is applied, which
crimes it applies to, as well as the criteria applied for the selection of cases to be
referred to the mentioned nucleus, participation of judges, defenders and prosecutors
in restorative practices, using the methodology of qualitative research. Such an
approach proves to be more suitable for the purposes intended by this research, since
the qualitative approach offers the possibility of analyzing the phenomenon in an
integrated perspective. Faced with the risks of re-legitimizing punitive power through
the restorative model, it is necessary to adopt a critical theory of restorative justice, so
that the emerging paradigm is not colonized by the efficient-punitive logic that governs
the criminal justice system.

The line proposed by this thesis revolves around the idea that memory is an important
element for understanding reality. Democracy is an undisputed value. The increase and
strengthening of this democracy pervades, necessarily, the appreciation of subaltern
epistemologies and cultures. The complexity of contemporary society demands equally
complex solutions. The perspective of this work, therefore, is that of a construction of law
under a diversified and countermajoritarian prism, in order to ratify the value of equality.
The understanding presented is that the right to memory stems from a human lack of
preservation. Thus, valuing the history of a people is indispensable to the formation of their
collective identity. A fundamental question emerges: Considering the difficult configuration
of Brazilian national unity, the easiest way to recognize a State, given the multiethnic
national characteristic, is it possible to equate this complexity? The line adopted to try to
respond to this challenge is that of valuing the history and memory of peoples, especially
the subaltern ones, insofar as these submerged cultures, without being able to emerge, it
will be impossible to overcome the complexity that presents itself, nor to materialize the
democracy. Ecosophy, the contribution chosen to guide this path, suggests the
combination of these concepts, proposing adaptations to the current mode of production,
something prima facie, apparently irreconcilable.

The Arbitration Law allows citizens to seek, through a private heterocompositive method, the
solution of disputes. But, the institute's lack of knowledge means that it is not widely used. As
today's society has established new parameters of speed in the resolution of everyday conflicts,
and in these, the use of artificial intelligence has great influence, it is understood that the digital
society expects changes, also, for the resolution of conflicts that deserve the analysis of merit ,
efficient and definitive. Legal operators can offer faster and more effective legal services,
bypassing the usual slowness of Brazilian justice, with the use of artificial intelligence robot
arbitrators, reducing costs and time associated with the traditional legal process. Article 1 of the
Arbitration Law, together with Bill 21/2020, awaiting analysis by the Federal Senate, are the
source and foundation that makes the intelligent robot arbitrator feasible for the Brazilian
judicial system. As for the approach, it will be evolutionary history, and the research
investigation strategy uses the deductive method.

African states have the peculiarity of having culturally heterogeneous characteristics, which
ends up having a direct impact on the composition of their legais systems, which comprise the
same hybrid structure. With the colonial process, common law and civil law legal families were
introduced in Africa, which were maintained in the post-independence period, thus resulting in
an intersystemic conflict between positivist state law and African rights - and, in some states,
Islamic law (Sharia). Faced with this truculent relationship, this research proposes, firstly,
recognising procedural and procedural legal pluralism, in order to ease this conflict between the
two orders, in which positive law claims to be hegemonic and monistic, limiting the
manifestations of customary rights. It should be noted beforehand that this research is
particularly focused on Portuguese-speaking African countries, whose legal constitution
formally recognises legal pluralism, but from a purely substantive perspective, i.e. without clear
methods for making legal pluralism effective, either in the institutional sphere or in the
procedural dimension, capable of integrating community courts and traditional authorities in a
functionally dialogical and plural environment. In addition, the research sought to analyse the
way in which community courts that express the concrete manifestation of legal pluralism
operate, having analysed countries such as Mozambique, Cape Verde, Guinea-Bissau and, in a
modest way, Angola. The advantages of community courts for access to justice were described,
as well as their inherent limitations with regard to certain fundamental rights and guarantees
that are at risk of being violated, such as due process, denial of formal equality for women and
children's rights. To this end, the possibility of supervising these courts and involving
professional judges in cases of great magnitude was proposed. It is worth mentioning that the
post-positivist paradigm was brought into the discussion as a mechanism for overcoming pure
positivism, admitting a correction of the law by morality, in the sense proposed by Robert Alexy
(2009) and with argumentative nuances compatible with the African reality, presented in the
third chapter in which the issue of the crisis of positivism on the African continent is discussed.
It should also be noted that this work includes an argument for the possibility of
constitutionalising Ubuntu as a constitutional principle, part of African rights, constituting a
mechanism for the incorporation and plural codification of African values into state norms. In
addition to what has already been said, the issue of the effectiveness of fundamental rights,
especially women's rights, was analysed, highlighting the viability of a feminist
constitutionalism that strives for gender justice in Africa, especially on issues concerning
reproductive rights and access to the same opportunities. Finally, the model of constitutional
courts and their role in guaranteeing and promoting fundamental rights were described.

This study analyzes the right to human development for poor black women in Brazil, based on
the case of the fireworks factory explosion in the municipality of Santo Antônio de Jesus/Bahia
in 1998. In this tragedy, 40 black women died, who were subjected to situations of vulnerability
due to social, legal and economic inequalities, with various violations of human and
fundamental rights. Lawsuits were filed in various areas of law, as well as an administrative
proceeding by the Brazilian Army. However, Brazilian justice did not conduct the processes
well, nor was there adequate compensation for the damage caused by the tragedy. In 2001, the
case was referred to the Inter-American Commission on Human Rights, which, through Report
No. 25/18, considered that Brazil was negligent in supervising the factory. The case was
submitted for trial by the Inter-American Court of Human Rights in Puerto Rico, in July 2020.
The sentence handed down by this Court includes several human rights violations and Brazil's
judgment for state inertia and denial of justice, and accountability for violation of the principle
of equality and non-discrimination established in the 1969 American Convention on Human
Rights. This research is theoretical bibliographic and documentary, with an empirical nature
through the case study of the aforementioned sentence of the Inter-American Court. The
objective is to analyze the sentence from the perspective of the right to human development for
black women as an anti-discriminatory right. The study is justified because it is an emblematic
case of the struggle of black women for rights in Brazil, a country where 73.7% of black women
live in situations of social and economic vulnerability with high levels of poverty, and with
large gaps in access to access to legal justice as one of the ways to obtain social justice. The
aim is to highlight the importance of discussing the topic and characterizing the problem
presented as a serious violation of human and fundamental rights that requires urgent and
efficient reparations by the Brazilian State. From the analysis of the sentence, evidence shows
that the victims of the fireworks factory explosion could not organize their own lives in
accordance with their convictions. Squeezed by a scenario of structural intersectional
discrimination, mainly black women were forced to work in the fireworks factory, in degrading
conditions, informality and low pay. The victims did not have access to other work activities
that would guarantee them capabilities and opportunities for broad freedom, in the terms of
development as freedom. For the poor black women victimized by the tragedy of the explosion,
it is understood that the sentence of the Inter-American Court of Human Rights, which held

Brazil internationally responsible, reaffirmed their right to human development as an anti-
discriminatory right.

This thesis investigates social solidarity as a general principle in Brazilian law, especially after
the Federal Constitution of 1988. Initially, the role of principles in contemporary law is
discussed in response to criticism of legal positivism, reinforced after the Second World War,
understanding post-positivism not as an antithesis, but as an aspect of a more inclusive legal
positivism, open to discussion about justice in the application of norms, through the theory of
principles, using the Claus–Wilhelm Canaris System model and Miguel Reale's theory of law,
supporting points for this understanding. Next, the analysis of social solidarity is promoted as
a socio-legal fact, value and possibility of its incorporation as a parameter for measuring justice
in legal relations and, finally, as a norm, in two moments of its legalization: the first, the
beginning the protection of social rights in the Welfare State; the second, the affirmation of
human dignity, human rights and fundamental rights, in neoconstitutionalism from the second
half of the 20th century to the present day. The characterization of social solidarity as a general

principle of law is proven through the analysis of its nature, logical structure, axiological-
finalistic density and functions, culminating in the elaboration of a concept and the verification

of its comprehensive impact in the Brazilian legal system. Between freedom and equality under
alterity, public and private space, individualism and solidarity, the general principle of social
solidarity is analyzed as one of the rules for applying a right more focused on social justice, in
plural and complex societies contemporary.

The general objective of this dissertation is to identify the jurisdictional behavior regarding the
intermittent work contracts judicialized in the Regional Labor Court of the Second Region
(RLC2) between November 11, 2017 and January 23, 2020, from the analysis of judgments of
ordinary appeals rendered by the panels of this Regional Court. The approach included the study
of the contradictions surrounding the employment contract, especially in a peripheral and
dependent context like Brazil's, as well as the impacts of neoliberal reforms on the already
limited forms of labour protection. The role of the labour judiciary in this complex regulatory
context was also discussed. Subsequently, an empirical jurisprudential research of the
judgments handed down in the Regional Labour Court of the Second Region (RLC2) involving
the intermittent work contract between November 11, 2017 (when the labour reform came into
force) and January 23, 2020, the beginning of the research, was conducted. Through the analysis
of judgments of the RLC2, empirical evidence was gathered that the issue did not receive a
uniform or at least majority treatment from the Court. On the contrary, the matter was the object
of disputes within the Court, with relevant and distinct jurisprudential behaviours. It is
noteworthy that the jurisprudential behavior of the RLC2 showed silencing with regard to the
control of constitutionality on the form of intermittent hiring.

The present research seeks to analyze the feasibility and legal consequences of the state's duty to
eradicate poverty as a fundamental constitutional objective. We sought to use the inductive method,
applied to empirical data gathered here as a set of relevant facts on which the fundamental objective of
eradicating poverty turns. The tool that instrumentalizes such analysis is the Public Choice Theory,
whose language is used here in the search for the conversion of competition movements, underlying
budget disputes, into win-win cooperation. Therefore, the time frame seeks to focus on the models of
income transfer policies applied in Brazil, especially since the 1988 Redemocratization, going up to
the Bolsa Família Program, in view of the availability of data from such a time frame. In the end, it
appears that income transfer measures have played a decisive role in reducing poverty as a direct
effect, but still allowing indirect effects relevant to its Social Cost, which add up and make up a tool of
relevant value for social transformation.

This work sought to identify the construction made by the Jornal Nacional of TV Globo on the
processing of Law n. 13,467/2017 and, based on the elements found in the framework made by
the newscast, discuss the representation of the labor reform that is designed for the population
and its alignment or distance from the labor regulation project designed by the Federal
Constitution of 1988. To this end, initial assumptions about media, television, journalism,
information and news were established based on studies of the social communication itself,
considering the peculiarities of television and telejournalism in Brazil. The empirical material
of this research, which covers the reports related to the theme published in the period between
December 22, 2016, when the proposal of Law n. 13,467/2017 was presented, and on July 13,
2017, when Law n. 13,467/2017 was enacted, was treated from the content analysis
methodology and organized from two construction axes, each composed of internal categories
thought from the analysis material itself. The first one aimed to locate which are the characters
located in the articles and about what and how they manifest themselves. The categories of this
first axis of analysis are: workers, government, specialists and consultants, employers,
institutional, employers' organizations, opposition, workers' organizations, others and market.
The second construction axis aimed to locate the themes, proportions and perspectives in which
they appear in the stories. Here, the categories were constructed in the following perspectives:
economic, occupation of the working class, processing of labor reform, workers' resistance,
legal, non-compliance and violations and modernization. Finally, based on the elements
identified and presented, the representation of the labor reform that was designed for the
population and its alignment or distancing from the labor regulation project designed by the
Federal Constitution of 1988 was discussed. The findings of the empirical research are
interspersed with theoretical formulations on neoliberalism, austerity policies, labor reform,
centrality of work, the employment protection paradigm, the 1988 constitutional design and its
unsatisfactory manifestation in the brazilian labor market, in order to identify how the
representation presented by Jornal Nacional conforms.

This work aims to analyze the phenomenon of judicial activism and how it is harmful to the
Brazilian Democratic State of Law. Its hypothesis is the thesis that judicial activism is a political
behavior that flows into the Law and strikes against the requirements and mechanisms of a
democracy. The explanatory method was used for the research, through the exposition of the
thoughts of Brazilian and foreign authors, through books and scientific articles. Furthermore,
law texts, jurisprudence and historical documents, such as letters and speeches, were examined
at the national and international levels, in order to achieve the reasoning exposed in this work
about the way in which judicial activism impacts the Brazilian Democratic Rule of Law State.
The specifically pursued objectives are are: understanding the pillars of a Democratic Rule of
Law State; how the formation of this new State provides a structural design that allows greater
protagonism of the Judiciary in the political debate; define the Judicialization of Politics and
judicial activism and analyze whether they are the result of a structural dimension that
contemporary democracies experience or of the will of the judge/court; and, finally, to verify if
the judicial activism is in line with the elements of a Democratic Rule of Law State. All this is
built to prove the idea that judicial activism is a voluntarist behavior of the magistrate who
considers it appropriate to use his particular conceptions about what justice and morality is to
promote change/maintenance in the sociopolitical status quo, making use of the Law as an
instrument of their will and striking agains the democratic principles.

The present work, starting from a pragmatic and postmodern perspective (that is, result
oriented and beyond conventional or Cartesian rationality), has the general objective of
understanding the legal structure as it is submerged in the ocean of plural society, in
which it is indiscriminately influenced by the different discursive currents and, although
it is transformed indefinitely over time, it remains operative insofar as it supports the
social context without losing its identity. That said, given the tragicomic influence of
both situations and characters from the South Park animated series (aligned with
reflections on theories of recognition and the deconstructive content present in some
variations of the Law and Literature movement), the most accurate image for Law
would be the of an amorphous structure that is transformed over time, influenced as it is
by the context’s ability to change. In order to do so, the artistic-narrative image of a
Jenga game emerges, which is capable of touching many of the main legal
characteristics that need to be worked on, such as: [1] the issue of the contingency of
Law; [2] the existence (or not) of a transversal rationality internal to the legal field; [3]
the possibility of developing some adjudicative ethical virtues that would help the judge
in meeting the nuances of the particular and; [4] the nature of justice, being itself also
immersed in the contemporary plural universe.

The statistics of femicide in Brazil, present in the Brazilian Yearbook of Public Security
and in the Atlas of Violence, point to the greater victimization of black women. Therefore, it is
important to analyze the reasons for the greater violence against these women, through the study
of their social peculiarities. The creation of the femicide crime, inserted in Article 121, VI, of
the CP in 2015 did not reduce the rates of these crimes, especially in relation to the murder of
black women. Therefore, this thesis, which uses the hypothetical-deductive method and
qualitative research, with a bibliographic review, proposes to analyze, from a decolonial
perspective, how race and gender are connected to worsen the situation of black women. Thus,
it will be analyzed how the Brazilian colonial formation, based on European concepts of gender
and race, in addition to the construction of masculinities, impact on the greater vulnerability of
black women and how to create measures based on this reality to combat violence against these
women.

The present dissertation aims to analyze the security measure in Brazil in order to investigate
the possibilities of changes in the institute's approach to guarantee more rights to those
considered to be unimputable. The Brazilian asylum reality has been known and denounced for
a long time by different voices that cry out for objective changes in the instruments of power
capable of modifying the situation of institutionalized people. Even with the advent of the
Federal Constitution of 1988 and the Psychiatric Reform Law (Law no 10.216/01), the security
measure continues to be treated as a matter of social defense, due to the interference of the
positivist etiological paradigm. The capacity of people in mental suffering who are the
perpetrators of crimes continues to be disregarded by criminal law, and their treatment, as a
rule, is hospitalization in Custody and Psychiatric Treatment Hospitals. The work starts from
the guaranteeist approach, exposing the conflicting relationship between dangerousness and
culpability and points out ways inside and outside the criminal dogmatics that aim to contain
the state punitive power. Criminal legislation proves to be anachronistic to deal with a system
that in practice punishes, but in the law considers non-imputable individuals as irresponsible.
In this sense, we seek in the principles of the Psychiatric Reform and in the trajectory of the
anti-asylum movement, elements to analyze the process of deinstitutionalization of security
measures. Finally, the Psychiatric Reform deals with the concept of accountability as part of
the treatment given to the mentally ill, which makes possible new approaches to state
intervention on the unimputable. It is concluded that the new argumentative horizons opened
by the Psychiatric Reform directly affect the criminal law. To deny this perspective is to
condone abandonment, exclusion and inequality.

The objective of this work was to analyze the rationality underlying the 2017 Labor Reform
(Law 13.467/2017) from the content of the arguments contained in the parliamentary speeches
in its defense. To achieve this objective, we analyzed the content of 112 speeches given by
Federal Deputies and Senators in the sessions of their respective legislative houses in defense
of the Labor Reform, in the period between February and August 2017. The research also
aimed to analyze the 2017 Labor Reform and its relationship with democratic requirements,
from two analytical paths: the disregard of social dialogue (lato sensu) in the legislative
process and the suppression of social dialogue (stricto sensu) in the context of collective
bargaining combined with the marginalization of collective agents. In order to do so, we
carried out an analytical decomposition of the economic, political, social and legal
characteristics of neoliberalism, the rationality that inspired the Labor Reform. It was also
discussed the peculiarities of the implementation of the neoliberal agenda in Brazil from the
1990s, as well as the anti-democratic character of neoliberalism and, on the other hand, the
democratic potential of social rights and Labor Law. The guiding landmarks of this research
were the concepts of flexible accumulation, developed by David Harvey, and of neoliberal
rationality, constructed by Pierre Dardot and Christian Laval. The methodology used
consisted of literature review, document analysis and content analysis. The research
undertaken allowed us to conclude that the 2017 Labor Reform was created from an
undemocratic legislative process, characterized by the suppression of social dialogue (lato
sensu) and indicative of the persistence of an aristocratic and unrepresentative parliament. Its
anti-democratic content was also manifested by its intention to weaken unions and
delegitimize them as workers' representatives, through the reduction of their negotiation and
decision-making power, in favor of the primacy of an individualistic relationship model
(suppression of stricto sensu social dialogue). As a result, the 2017 Labor Reform reduced the
participation of the working class in decisions regarding work and the distribution of wealth
as well as their resistance to labor flexibilization.

This dissertation aims to analyze the relevance of community participation as a guideline of
the Unified Health System, given the inequities of access to highly complex procedures.
Addressing the theme contextualized in public health finds social and practical justification,
as there are several dilemmas present in the sector, which exceed economic aspects and
lead to non-observance of fundamental rights, notably the right to life and health. The
persistent problem of the allocation of scarce resources is the background of the reflection
made according to the theoretical framework of Bioethics of Protection, and requires the
adoption of criteria that allow fair and equitable allocation decisions, given the existence of
vulnerable users. The state of vulnerability of public health users will be commented from the
bioethical meanings attributed to vulnerability, analyzing the functioning of the reference and
counter-reference system, popularly known as regulation. Sometimes the patients or their
families, in search of health care, assume the role of intercommunicating the levels of care or
the sectors with each other, despite the information deficit, because they do not know their
own terms and procedures, and end up being harmed by the operational failures of the public
health system. Other challenges are faced for access to high complexity, such as the high
cost, both from the point of view of technological investment, and the need for professional
training to handle the new technologies incorporated. Countering these challenges with a
view to improving the quality of life and overcoming or mitigating existing vulnerabilities
requires that the people be led to actively participate in the formulation and control of public
health policies, including those aimed at high complexity. Finally, alterity will be verified as a
tool for the construction of an effective social participation, protecting the vulnerable
individual whose empowerment is crucial not only for the proper development of the
participatory management model, but, above all, for the humanization of care, mitigating the
negative effects of the system's bureaucracy.

This dissertation seeks to understand how the theoretical meanings attributed to the criminal
procedural obligation are articulated in the publications of the Brazilian Journal of Criminal
Sciences, problematizing them from a critical perspective based on the "Marginal Realism" of
Eugênio Raúl Zaffaroni. This is an empirical and theoretical study that starts from a systematic
analysis of the RBCCRIM publications, to identify the discourses on criminal procedural
obligation conveyed in the academic environment and to understand the internal and external
theoretical inconsistencies of the meanings that are attributed to this construct, as well as the
projections of power and meta-legal functions that underlie it. As a conclusion, it was found
that the discourses on obligation emphasize a focus on the active positions of criminal
prosecution, to the detriment of normative hypotheses that would dismiss the need for
investigation or criminal proceedings, or alternative solutions to the penal process. It was also
verified that the dysfunctionality of the conceptual relationship established between the ideas
of legality and obligation, the fragility of the characterization of the normative structure of
obligation by the legal literature and the absence of theoretical reflection on this theme based
on constitutional landmarks. Finally, the relationship of subordination established between
obligation and incriminatory-sanctionary criminal norms was examined, relating it to
theoretical-penal conceptions of a retributionist and social defense character, which imply a
criminal policy of maximum realization of the state's punitive power, based on the criminalizing
and penalizing agenda provided for by law.

This research reflected on the institute of social security affiliation and its condition of
protective coverage in the face of a world of work marked by informality and tainted by
general precariousness and positional precariousness. The general precariousness is the
gathering of vulnerabilizing tendencies of the exercise of work today, in the case of the
intensification of informality and unemployment, the informalization of formality and the
decomposition of social protection, the latter related to the loss of the protective character of
formalization, in parallel to the maintenance of its fiscal character. Positional precariousness
is the result of racial cleavage processes, manifesting itself as a process of preferential
allocation of black bodies in the worst positions of the structure of occupations in the world of
work, as a result of privileges monopolized by other social segments not derived from the
competitive order, forming a relationship similar to a zero-sum game. Once these milestones
were traced, the pertinent analysis of the filiation conditions originated in these scenarios was
carried out. Through a bibliographic review of selected authors, the concepts related to wage
employment, informality, unemployment and the informalization of formality were defined,
seeking to articulate, later, with the conceptions of genocide, racism and posthumous slavery
relevant to racial cleavage. Having established this conceptual basis, the study turned to the
statistics produced on the differentiated labor vulnerability between the black segment and the
other social segments, especially the white segment. Finally, the concepts regarding the
operational capacity of social security affiliation were established in its current model, after
EMC 103/2019, in view of the precariousness dynamics identified above, indicating the
existence of a condition of effective affiliation, of intermittent affiliation and of spoliative
affiliation. It should be reiterated that due to the operationality of the affiliation concept, two
precarious tendencies are revealed: a protective capacity that is inverse to the degree of
vulnerability of the condition of exercising the work; and a susceptibility to the differential
effect, producing asymmetries in coverage in the face of racial cleavage.

La pandemia del COVID-19 desencadenó una crisis sanitaria mundial, con graves
consecuencias para la vida humana y la economía mundial. Para satisfacer las necesidades
básicas de la población, continuaron realizándose algunas actividades por tener carácter
esencial. En este contexto, se publicaron numerosos instrumentos normativos, clasificando
como esenciales un variado conjunto de actividades, sirviéndose de un concepto distorsionado
y ampliado de “esencialidad”. Este panorama motivó la búsqueda por respuestas a la pregunta
de esta investigación, enfocada en identificar los intereses en disputa en el uso ampliado del
concepto de “actividades esenciales” vivido en el período 2020 y 2021, en Brasil. Se partió de
la hipótesis de que los intereses económicos influyeron en la clasificación de las actividades
esenciales, desconsiderando el alto riesgo que esta clasificación imponía a la clase trabajadora,
especialmente a los que estaban convocados para actuar en la primera línea de enfrentamiento
contra la pandemia. Este estudio parte del concepto de la “división del trabajo social” para
comprender las diferentes condiciones de los trabajadores en las sociedades capitalistas y
democráticas contemporáneas, así como el fenómeno de la solidaridad social y sus
controversias, en este contexto. Aborda las facetas del trabajo, desde la perspectiva de la
centralidad y la esencialidad del ser humano trabajador, considerando el impacto de las políticas
neoliberales implementadas por el Estado brasileño, incluso en los servicios públicos del país.
También se analiza la paradoja de la racionalidad neoliberal que, si bien parte de la pérdida de
la centralidad del trabajo humano considera esenciales para el bienestar colectivo numerosas
actividades realizadas por hombres y mujeres trabajadores. Se trata de una investigación
cualitativa exploratoria que utiliza el análisis de documentos institucionales, instrumentos
normativos, así como los resultados de estudios realizados por institutos de investigación
brasileños y artículos de periódicos de circulación nacional publicados durante el período de
estudio. Los resultados confirman la hipótesis de esta investigación, que evidencia de manera
indiscutible que la clasificación de las actividades como esenciales sirvió para atender la
demanda de los sectores económicos para la continuidad de las actividades empresariales,
independientemente de haber servido para atender el interés público y las necesidades urgentes
de la población. La investigación también comprueba, la división social desigual del trabajo en
Brasil y cómo la solidaridad social asumió una lógica de sacrificio, provocando un cuadro de
desigualdad en la distribución social de los riesgos de la Covid-19, imponiendo altos costos a
la clase trabajadora y, a los trabajadores y trabajadoras actuantes en actividades esenciales, el
precio más alto de esta crisis.

This research had as purpose an analysis of how Labor Justice has considered the establishment
of the employment relationship, especially when related to the requirement of subordination
from the current regulation (L. n. 6.019/1974) and from the binding jurisprudential
understanding regarding outsourcing (ADPF n. 324 and RE n. 958.252). To this end, there was
a selection of judgments that assessed the legality of outsourcing in teleservice sector handed
down by the Regional Labor Court of the 5th Region, during the year of 2019.

The State exists to promote social welfare, development and benefit sharing. The exercise of
this task gives rise to the competence to demand financial resources from individuals and to
stipulate sanctions in the event of eventual non-compliance. By attributing tax competence to
the entities of the federation, the Constituent Power conditioned its exercise to the observance
of the Taxpayer Statute, which is a set of legal criteria that make up the contours of this
competence. Among these criteria, the constitutional rule that forbids the use of tax with
confiscatory effect stands out. Because it is a rule, this rule is applied based on subsumption. If
a rule that offends it is published, both the Tax Administration and the Judiciary must act in
control of constitutionality, rejecting its application. Fines are classified into three types:
Moratorium Fines, fines for non-payment and fines for non-compliance with an accessory
obligation. The incidence of the prohibition on the confiscatory effect of tax fines must consider
the legal nature of each one of them. The Moratorium Fines have an exclusively punitive legal
nature. Fines for non-payment and fines for non-compliance with an accessory obligation, on
the other hand, have a hybrid nature, as they are both punitive and indemnifying. Therefore, the
prohibition of the confiscatory effect applies with the utmost rigor to the institution and

collection of Moratorium Fines. On the other hand, on fines for non-payment and fines for non-
compliance with an accessory obligation, the prohibition of the confiscatory effect must apply

in a moderate way, reaching exclusively its punitive nature. With that, we make this
constitutional rule compatible with the principles of equality and free competition. Based on
these premises, the following scientific criteria were deduced, the observance of which may
help in the application of the prohibition to the confiscatory effect of tax fines: Principle of
reasonableness; Level of collaboration and transparency of the Tax Administration with taxable
persons; Tax amount not collected as a reference for the calculation; Economic capacity of the
offender; Phase of the collection procedure and means of performance used; Risk of decay;
Criteria applicable exclusively to fines for non-compliance with an ancillary obligation.

This dissertation aims to analyze taxation of income tax on profits obtained abroad by
a controlled legal entity or foreign affiliate to the controlling or affiliated legal entity
domiciled in Brazil. Topical rule referring to income tax, according to Law No. 12,973,
of 2014, provides for an automatic taxation system, in which the parent company or
affiliate domiciled in Brazil, with rare exceptions, is obliged to bring to taxation the
equivalent of its share of profits that were earned abroad, even if there was no act of
distribution of income obtained by the subsidiary or foreign affiliate. The study started
from the analysis of the income taxation systems that a national state can adopt,
passing through the Brazilian legislative history that culminated with the current rule of
taxation of profits that were earned abroad. In this analysis, it was found that the claim
to tax earned profits by a controlled company or foreign affiliate before its distribution
to the company domiciled in Brazil was introduced in the complementary federal
legislation, aiming at the combating tax avoidance and abusive tax planning. Based on
this complementary federal provision, the ordinary legislature issued Provisional
Measure 2.158-35, whose art. 74 was the subject of action right of unconstitutionality
in the Supreme Court. The action was effectively judged erga omnes and binding
effect, based on an interpretation according to the Constitution, to declare the
provision: (a) unconstitutional in relation to domestic companies related to foreign
companies located in countries without favored taxation; and (b) constitutional in
relation to national companies controlling foreign companies located in countries with
favored taxation. The issue is that, after calculation of votes, before the multiplicity of
arguments brought by the Ministers of the Supreme, some situations were not
encompassed by the judge. Similarly, it was not possible to extract a ratio decidendi
from the trial. Subsequently, the Provisional Measure 2.158-35 was repealed, giving
rise to the current tax rule that was provided in Law No. 12,973 from 2014. From this
legislative history, the analysis of the National Tax Code was elaborated, and it was
seen that the claim of the complementary legislature, when taxing income not yet
acquired, would have a legal nature of a presumption or legal fiction. The study of
presumptions and legal fictions allowed us to conclude that Brazilian tax law does not
allow the use of absolute legal presumptions or fictions regarding taxation, but only
relative legal presumptions. This was also observed when the concept of income and
its relationship with the fact that the tax was used. With such partial conclusions, the
analysis of Paragraph 2 of Article 43 of the CTN was made specifically to verify whether
its wording would give the ordinary legislature legal permission to create a relative legal
presumption. However, in order to confer such interpretation, it would be necessary to
go beyond the text, by making use of interpretation technique according to the
Constitution. However, given the requirements of this technique, it was concluded that
the simple unconstitutionality of the provision of § 2 of Art. 43 of the CTN was
concluded. In any case, by weighting interests, it was found that the ordinary legislature

could use relative legal presumption to combat tax avoidance and abusive tax planning
without the need for authorization by the federal supplementary legislature. In view of
these partial conclusions, the current Law No. 12,973 from 2014 was analysed, which
leads to the conclusion that it was unconstitutional, since it uses absolute legal
presumption to tax the profit that was obtained by a subsidiary or foreign company,
before the distribution of income to the company domiciled in Brazil.

This dissertation objectives to demonstrate how the civil name of the transsexuals and the
travesties constitute sensitive personal data, in the terms of General Data Protection Law. It
aims to understand how those informations can be inserted in the list presented in the 5th
article, II of the Law n.° 13.709/2018. In this way, this research starts approaching the
sexuality, it sticking to four main aspects: “sex”, “gender”, “sex orientation” and “gender
identity”. After, it takes advantage of the moment to build a cutout of the transsexuals and
travesties’ situation in the Brazilian society, explaining both the obstacles faced in national
territory and the social rights advances achieved. Continuing, it discuss the personality rights
in the Brazilian legal system, deepening the study of four of them: name, personal identity,
privacy and intimacy. In addition, it weaves the comments about the correlation of these with
the civil name. In a posterior moment, it shows general considerations about the personal data,
discoursing how this theme is treated by the Brazilian Law. It was proceeded the analysis of
the 1988 Federal Constitution, the General Data Protection Law and the Internet Civil Mark.
It was analyzed another norms and the Federal Supreme Court and the Justice Superior Court
jurisprudence. At the end, this work reaches its main goal, discussing, initially, about the
transsexuals and travesties social name use importance and the relevance of the baptism name
secrecy. In addition, it explains about the exemplary list of the article 11 of the Law n.°
13.709/2018 and the possibility of insertion of the transsexuals and travesties previous civil
name in it in front of the cross share of their medical records. It shows how the secrecy of the
identification data record in those documents is essential to the safeguard of this name.

This work has the objective of answering the following question: The reports done by the Nina
Rodrigues Legal Medicine Institute allow the making of truths that embrace other narratives
beyond the ones done by the State? To engage with this proposition, this research works with
the case's study of the criminal lawsuit involving the homicide arising from opposition to police
intervention on February 6th, 2015, on the neighborhood of Cabula, Vila Moisés, on the city of
Salvador/Bahia. The event also known as "Chacina do Cabula". Utilizing the qualitative
research method, we worked on documentary research of the case: denouncement,
requirements, judicial correspondences, inquiries, decisions, sentences and all the forensic
reports and technical evidence added to the case. The theoretical framework that guided this
work was the Critical Criminology, taking attention to the selective and punitive features of the
Criminal Justice System. We used bibliographical reference that state terror as patent in Brazil
as Ana Flauzina, Thula Pires, João Costa Vargas and Frantz Fanon, but also legal anthropology
sources as a fundamental lens to interpret the judicial itinerary to produce death and silencing,
like Flávia Medreiros and Juliana Farias. In that sense, it was possible to perceive the forensic
reports as they are done at the IMLNR, are not clear enough to change the “justiçamento”
(means: practices of the judiciary that collaborate with black people genocide, not only judicial
validation of police violence, but with the application of excessive sentences and incarceration
for black people) according to Whiteness as power structure.

This dissertation is the result of research carried out in the Master's Degree in Law at the
Federal University of Bahia and aimed to analyze the protection of sensitive data of the
population under the principle of human dignity. It aimed to analyze insurgent vulnerabilities
with the increase in cybercrime and artificial intelligence, in the dynamics of this newborn
21st century. Such vulnerabilities led to the questioning of which pillars should be considered
in the construction of law, for the protection of sensitive data and people's humanity, in the
face of the impacts of cybercrime and risks of artificial intelligence. To answer this premise,
the work was structured in five parts, presenting in the introduction the methodological
aspects and the relevance of empowering society, instrumentalized by knowledge about
technological innovations; in the first chapter, he wove about the vulnerability and
resignification of sensitive data as an object of economic value, in the face of the
technological revolution that leads to digital superconnectivity; in the second chapter, the
fundamentals of the constitutional right to the protection of sensitive data and the right to
privacy were praised, under the theory of neoconstitutionalism, aiming at a better
understanding of the prima facie character of the principle of human dignity; in the third
chapter, the impacts of cyber crimes at the national and global level were explained; in the
fourth chapter, the main risks of artificial intelligence for sensitive data and people's humanity
were presented, reflecting the need for effective regulation; and in the fifth chapter, reflection
on the ethical, anti-discriminatory and humanitarian pillars to be considered in the formation
of Law, to regulate new technologies. Finally, it was considered essential to create ethical,
multicultural and robust technical guidelines on artificial intelligence, with investments in
research and the creation of a permanent technical observatory, which enables the inclusive
and humanitarian development of these innovations, submitted in a linked manner, to the
maximum expression of social protection.

The present research, entitled “The microchipping of pets for the creation of the
National Animal Identification Registry in Brazil”, aims to analyze how pet microchipping can
contribute to the creation of a National Animal Identification Registry in Brazil, having as a
parameter the way in which, in contemporary times, it is regulated by the various federative
entities (Federal Government, States, Federal District and Municipalities). Data from PNS/2013
and PNS/2019 show that, over the years, there has been a progressive increase in the number
of dogs and cats living in Brazilian households. In addition, data point to the fact that Brazil
also stands out due to a vast population of other species of pets (song and ornamental birds,
reptiles, small mammals and ornamental fish). Nevertheless, there is no federal law that sets
out general rules on microchipping pets. Many States and Municipalities (capitals) do not even
have their own legal norms on the subject and, even when they do, they regulate the matter in
their own way, which generates a vast normative heterogeneity on the subject in Brazil. Given
this reality, it was concluded that the creation and implementation of a National Animal
Identification Registry, to be managed by the Federal Government — with the cooperation of
the State, Federal District and Municipal Governments, and also of civil society — requires that
pets be identified by implanting microchips. This is because the unique code of each microchip
implanted and the database to which it refers will serve to feed the aforementioned Registry
and enable an important feedback mechanism capable of constantly improving specific public
policies and the protection of pets. The legal approach to animal microchipping, however, opens
debates about Cyber Animal Law, a hybrid field of legal knowledge, which does not aim at the
status of an autonomous discipline and which requires dialogue between Animal Law, Cyber
Law and Cybernetics. The methodological option was for a bibliographic review and document
analysis research, of a comparative, exploratory and descriptive nature. Data collection
involved requesting information from the Health and/or Environment Departments of the
States, the Federal District and the Municipalities (State Capitals), as well as, alternatively, it
involved conducting research on websites specialized in legislation.

The research took as a reference the analysis of the implementation of the National Policy for
Solid Waste by the Federal Government and inter-municipal public consortia of the State of Bahia.
The investigation considers the central question about to what extent public consortiums, as an
instrument of inter-federate cooperation, can contribute to the implementation of this public policy,
what are the impasses and challenges posed. Two hypotheses guided the structuring of this thesis.
The first one considers that municipalities, in isolation, may not achieve satisfactory administrative,
technical, and budgetary conditions for an adequate performance in the implementation of the
National Policy for Solid Waste. The second hypothesis, based on the experiences of horizontal
federative cooperation, states that, despite the fact that public consortiums provide economies of
scale for the execution of services and tend to expand the possibilities of access to financial
resources, , this tendency is mitigated if the flows of vertical federative cooperation with the States
and the Union are not maintained. It follows from this hypothesis that the deficiency of action or
omission of the Union and the State (considering their constitutional role of planning and regulating
the National Policy for Solid Waste) impact negatively on the execution of the policy. Therefore,
the achievement of its outlined objectives is harmed. In addition to that, the thesis also considered
that the dynamics and relations established by public consortiums in the territories they cover suffer
the impacts of the processes of capitalist production of space on the structures of the National State
and its federated units. The management dynamics established by these processes, in regard with
agents from different fields, mitigates the effectiveness of the instruments, and the governance of
the effectiveness of the National Policy for Solid Waste. To investigate these hypotheses, the thesis
path was based on the analytical lenses of theoretical references such as Pierre Bourdieu, David
Harvey, Henri Acselrad, Andrea Zhouri, Jose Martínez Alier, Christian Laval, Pierre Dardot,
Fernando Abrúcio, Marta Arretche, Cibele Franzese, Paula Ravenelli, Wladimir Ribeiro and Arilson
Favareto, entre outros. among others. Moreover, it considered methodologies of public policy
analysis to access an accurate view of the elaborative process of the National Policy for Solid
Waste, especially the legislative stage, and its implementation by Federal Government. Applying
similar categories of analysis, the investigation deepened the view on the implementation through
the inter-municipal public consortia of the State of Bahia, examined as a case study.

The topic of the thesis is the standard of proof in criminal sentencing. Based on the studies that the legal field has produced on evidence in the criminal process, this work is placed in a macro way on the relationship between judicial decision and evidence in the criminal process. The theoretical and jurisprudential fragility and the absence of a normative rule on the standards of evidence in criminal sentencing reveal the importance of the theme. The theoretical reference of the thesis is the epistemology of evidence and the critical theory of criminal procedure. The documental research carried out, quali-quanti, with the reading of 380 processes, is centered on the problem of how judges apply the standards of proof in criminal sentencing in the specialized drug courts in the district of Salvador/BA. The standard of proof of the very high probability of the accusatory hypothesis and the inexistence of evidentiary support in the defense hypotheses was the model chosen to test the selected samples. The majority of the convicts are men, young, black, from low income neighborhoods in the city of Salvador/Ba, who are arrested in flagrante delicto and with a small quantity of drugs. The testimony of the prosecution witness, the paraphernalia found in the possession of the accused, a small amount of money and the interrogation of the defendant that confirms the accusatory hypothesis (confession) are the evidence considered to determine the authorship. The burden of proof is reversed and the word of the police officer is presumed to be true. The sentences analyzed indicate that very little is required from the body of evidence in order to pass sentence. In the dialogue between practice and theory, three measures emerge as indispensable in the formulation of a demanding standard of proof for criminal sentencing in Brazil: (i) the need for a norm that obliges the sentence to have its own chapter on the statement of the facts considered proven; (ii) the prohibition of convictions based exclusively on testimonial evidence and; (iii) the indispensability of the analysis of all alternative factual hypotheses. The thesis concludes with a legislative proposal that takes into consideration the theory and the researched data.

This thesis aims to demonstrate that it is possible to use Restorative Justice in cases of
domestic violence and that traditional justice cannot cover the needs of victims, since the
generality and abstraction of the norm prevents the observances of the complexities and
specificities existing. in the context of domestic violence. Therefore, this research had its
beginning with an analysis of the social-historical construction of women from de
perspectives of religion; of philosophy; of psychoanalysis; of feminist movements and the
Low. Soon after, there is an analysis of the conflict, of the statistical data of the violence is
carried out, of domestic violence and the elements that Contribute to its spread, such as
marital relationships, masculinity. Then, point out the mechanisms of the women’s protection,
international and national, from the Federal Constitution of 1988, Law 11,340/2006 and,
within the infraconstitutional legislation, due to its controversial aspects, we were sought to
highlight the issues that involve the use of Law 9.099/95 - Law of Special Courts in cases of
domestic violence. After these approaches, the other infra-constitutional legislation it was
described, as well as the public policies of network care to victims of domestic and family
violence. In the second chapter, the densities and ontological limits of Restorative Justice
were approached. From this proposal, some points were approached of this model of justice,
namely: Restorative Justice as a new paradigm for domestic and family violence; Restorative
Justice and its conceptual approaches; Restorative Justice as a counterpoint to retributive
justice; models and experiences lived of Restorative Justice in some locations. After these
paths, criticisms related to the proposition of Restorative Justice was presented as a viable and
effective model of justice, as well as a correlation between Restorative Justice and domestic
violence, demonstrating the real possibility of acting to then conclude that the use of
Restorative Justice in cases of domestic violence is possible and feasible. For the construction
of this research, we opted for the legal-sociological aspect, for the hypothetical-deductive
approach method and for the bibliographic research, from the set of written works on the
themes that make up the scope of this research. It is an exploratory work, because the
objective was to describe the problem, placing the scientific research and critically reflecting
on it and how it presents itself as a potential for emancipation, in the perspective of a new
paradigm of justice to be implemented in cases of domestic violence, the Restorative Justice.

The thesis presented in this work is the incidence, in tax legal relations, of the legal institutes
of objective good faith and subjective good faith. In order to confirm the hypothesis of an
affirmative answer to the problem, an analysis is made of the historical framework of the
evolution of philosophical theories on ethics and morals and their correlation with the
development of the conception of the State and the institution of legal orders, demonstrating
the importance between the values of society for the formation of legal systems. Then, the
characteristics of good faith as a category and institution are observed, analyzing its Roman
origin, influence in European territories and in the codification of the laws in force at the time,
as well as its reception in Brazilian Law, its distinction in objective and subjectivity and its
specific legal regimes. Considering good faith as a category with the power to institute
behaviors that provide the foundation for the legal system to promote the dignity of the human
person through the objective of the Republic based on solidarity, its incidence in Public Law is
verified, imposing on the Public Administration obedience to legality, morality, impersonality,
transparency and carrying out good administration, as well as the observance of reasonableness
and proportionality, respect for loyalty, cooperation and collaboration by the parties that are
part of a material or procedural legal relationship, under penalty of pecuniary and procedural
sanctions, in addition to repercussions on international relations between sovereign States. The
objective of the analysis of the insertion of the category of good faith in the legal system and
its importance for its foundation is to verify its presence in Tax Law, supporting and delimiting
the plexus of the tax legal relationship that includes taxpayers, public agents, Legislative
Powers, Judiciary and Executive, administrative bodies. Thus, good faith is enshrined as a
category while its distinctions are presented as objective good faith and subjective good faith,
considered as legal institutes arising from the real factors of power currently in force based on
solidarity, tax citizenship and tax morality , establishing the theoretical and philosophical bases
to consecrate itself as a limitation to the power to tax and foundation of tax principles, in
addition to guiding the interpretation and integration of tax legislation and radiating its effects
regarding the corrective function in various aspects of the tax legal relationship. For the
development of this thesis, historical, descriptive, inductive and deductive methods were used,
basing the research on a qualitative basis, by obtaining secondary data verified in books
available in public and private collections, national and foreign doctrine and legislation,
revoked or in force, and jurisprudence of the praetories, namely the Superior Court of Justice
and the Federal Supreme Court.

Right to sustainable and semi-arid development: the SDGs and the policy of democratization
of water resources. The research begins with the description of the Northeastern semi-arid
region. The semi-arid region is composed of a profusion of natural areas formed by soils,
topographies, rainfall, different pluriactivities and the regional hydrology is dependent on the
climatic rhythm, in which the dry periods are characterized both by the inexistence and/or
insufficiency of rainfall, as well as the inconsistencies in space and time. Despite the semi-arid
region having a great biodiversity, the region consists of one of the Brazilian geographic spaces
most degraded by man and least protected by Brazilian environmental legislation. The approach
of this work aims to analyze the concept of the Right to Sustainable Development and its
articulation with the Sustainable Development Goals, especially with goal 6.1 of SDG 6, as
well as analyzing the Democratization Policies of access to water resources for consumption
from the practices of coexistence with the Semiarid region, in line with the legal field and its
rules. It was verified to what extent these policies were implemented in order to promote an
environmental education aimed at the adequate and sustainable management of the natural
resources of the Caatinga, as well as the incentive to economic development and social
inclusion to the sertaneja communities. The work considered, as a research hypothesis, that it
is possible to achieve the democratization of access to water resources and economic and social
development in the Northeastern semiarid region based on Public Policies for coexistence,
while preserving and preserving environmental resources. The research is qualitative and
exploratory, using the inductive method, using bibliographic and document reviews, including
information available on the world wide web - internet, given the scope and capillarity of this
technological tool as a research source. The starting point is Serrano's (1998) concept of
Environmental Law as a system of norms, principles, institutions, operational practices and
legal ideologies that regulate the relationships between social systems and their natural
environments. In conclusion, it was found that Public Policies properly executed in line with
the precepts of Sustainable Development and the principles of coexistence, have the potential
to democratize access to water and, therefore, achieve goal 6.1 of SDG 6 by 2030.

The ever-increasing incarceration in Brazil and in the world, as shown by national and
international institutes for monitoring crime, has not resulted in a reduction in crime, but has
reinforced it, thus suggesting adjustments in this thesis that necessarily consider: a) that the
crime is a social and complex phenomenon and must be faced as such; and b) that the criminal
justice system is flexible enough to present different and more adequate responses (multi-door
system) to the variety of transgressions and subjects involved, in relation to the traditional
system (single door). It was in this sense that this thesis showed, supported by the positive
results of several meta-analyses, that restorative justice is a new paradigm of a multi-door
justice system, but that it can collaborate with the increase of the effectiveness of the
traditional system since: a) it allows the active participation of the victim, the offender and
even the community in the debates about the case, giving them the opportunity to reach an
agreement about it; b) the procedure may not necessarily result in the arrest of the offender;
and c) traditional legal operators are no longer the protagonists of the process, allowing a
broader approach to the conflict. Thus, we sought to answer whether a theoretical model of
coping with criminal offenses based on diversification towards restorative justice from the
custody hearing has the effective potential to reduce prison overcrowding in Brazil, with the
response at the end of the studies having been positive. For this, it was based on several areas
of knowledge such as Philosophy, Sociology, Criminal Law, Criminal Procedural Law,
Criminology, Constitutional Law, Human Rights, Systems Theory, Criminal Policy,
Victimology and Neurosciences. The research was theoretical, but supported by a wide
bibliographic review with a vast amount of empirical data, thus being qualitative, but also
prescriptive and systemic, avoiding, therefore, the use of the analytical method, proposed by
René Descartes, and with that considered the crime as a social phenomenon in all its
complexity. Thus, the study began with the hypothesis that crime is not just an offense against
a legal norm, but mainly a violation of people and interpersonal relationships, followed by the
use of Niklas Luhmann's Theory of Social Systems, but with two adjustments suggested in
this thesis, thus proposing a new minimal social system in terms of its elements, from which a
theoretical outline was also developed in an innovative way, here called Theory of Objective
and Subjective Relational Legal Goods that, also using the Theory of Communicative Action,
by Jürgen Habermas, it was possible to interconnect the theoretical frameworks prison
overcrowding, custody hearing, restorative justice, and legal good, with the proposal of a new
model to face prison overcrowding and criminal offenses based on 10 guidelines for
immediate use in Brazil, which can allow a total annual reduction of Brazilian incarceration
by approximately 30% (more than 200,000 unnecessary people per year in prison),
considering the new classification of crimes proposed in this thesis applied to the current
national profile of light, medium and serious crimes.

The present dissertation proposes to analyze the interrelationships between the
controversies explored by the North American series South Park and judicial decisions
in Brazil, relating them to the mentality preached by the so-called “political correctness”
thinking. Altogether, seven decisions will be addressed, namely: the preliminary
injunction and the merit award issued by federal judge Waldemar Cláudio de Carvalho
in Popular Action 101189-79.2017.4.01.3400, referring to the so-called “gay cure”; the
trial at the Supreme Court of the Ellwanger case, in which a gaúcho editor was accused
of racism for publishing works with anti-Semitic content; the Supreme Court’s
criminalization of homophobia and transphobia, equating them with the felony of
racism for criminal purposes; the Supreme Court's declaration of unconstitutionality of
the northeastern cultural practice of vaquejada; the decision of judge Caroline Santos
Lima, who ordered night clubs in Brasília to refrain from charging differentiated prices
for the admission of men and women to their premises; and the decision of the 1st Panel
of the Supreme Court that ruled the provisions of the Brazilian Penal Code that
criminalize consented abortion to be unconstitutional. In the end, we conclude that
politically correct thinking has been unduly interfering in verdicts rendered by the
Brazilian Justice.

This scientific work deals with the right to health provided by the Brazilian State, through the supply of high-cost medicines, as a dimension of the constitutional principle of human dignity. It intends to carry out a research on the grounds and legal arguments that justify the judicial concession of medicines that are not foreseen by the Brazilian Ministry of Health. Considering pharmaceutical assistance as a relevant measure of public health policies, as well as from the analysis of the normative force of constitutional precepts and the dimension of the right to access to justice, it is intended to demonstrate that the Judiciary is obliged to assess individual demands and provide exceptional and high cost medicines to citizens.

Despite State’s Evidence Agreement has been a current topic of studies recentely, there
are still topics there haven’t been explored or have been on a shallow way. Among those
topics, the Judge’s role on the State’s Evidence Agreement’s homologation is highlighted.
This dissertation aims, through literature and legal texts review, to answer what would
the judge’s range of action on the Agreement’s homologation. To do so, it was necesery
to exploite the judge’s role on criminal procedures, the judge’s role on criminal
procedure’s consensual spaces and the State’s Evidence Agreement itself, so that, with
those premises estabilished, the question could be answered. The research concluds that,
despite the law and the very essency of the State’s Evidence Agreement limit the judge’s
range of action during the homologation procedure, the magistrate should analise a loto f
implicit elements on a context of fundemental right’s preservation.

This research aims to demonstrate the animal violation inherently perpetrated by current zoos,
and the consequent prejudice to animal dignity, as well as the possibility and imperiousness to
adopt the existing alternatives to this model. There are the following guiding problems: Do zoos
really violate the dignity of animals? Is it necessary to overcome the use of these confinement
and exhibition spaces? The importance of this research can be seen in the imperative need to
rethink consolidated environmental education practices and models, but which presuppose
human leisure and fun, through exploitation, segregation and violation of the dignity of animals,
taking as a notable example the zoos themselves. Thus, the dissertation begins with the
approach of human and animal dignities, presenting the latter as an inherent attribute and
animalistic legal principle. An analysis of Bill no. 6054/2019, ending with the study of the
recognition and protection of animal dignity in other countries, in the constitutional and
infraconstitutional scope. In the second chapter, zoos are analyzed, through their historical
study, to then address the legal aspects of these institutions according to national legislation.
The debate on the violation of animal dignity by zoos is also brought up, ending with a
discussion on the existence of legal-procedural instruments that support the dignity of animals,
having analyzed the constitutional remedy of Habeas Corpus for great primates. In the third and
last chapter, possible alternatives to current zoos are presented, notably with the definition and
experiences of virtual reality zoos around the world. In the last sections of the aforementioned
chapter, animal sanctuaries are analyzed, as spaces that can provide the species with
environmental protection, in a dignified manner. Finally, the initiatives for extinction /
deactivation or conversion of zoos in Brazil and other countries are presented. The approach
method used in the research was hypothetical-deductive, in dialogue with the Kuhnian method
of recognizing and overcoming paradigms, with wide consultation in books, theses,
dissertations, scientific articles, national and international, legal norms, sentences, judgments,
opinions, ordinances, normative instructions, among others. The research techniques used were
bibliographic and documentary.

As well as other manual labor, housework, all around the world, is intrinsically linked to slavery,
not being different in Brazil, whose slave regime lasted until 1888, year the golden law was
enacted. After the abolition of slavery, however, the domestic services remained under the
responsibility of ex-slaves which without any education and qualification found themselves at the
mercy of the former owners to survive. Over a hundred years after the abolition of slavery various
laws, international conventions and constitutional amendments have been enacted seeking to
protect domestic workers, however, those laws always gave less rights to these workers, if
compared with other urban and rural workers, for no reason, confirming, just the slave roots that
permeate our juridic system. In this aspect, the present work analyzed the Constitutional law (1988
Federal Constitutional and Constitutional Amendment 72/2013) and infraconstitutional law
(Decree-Law no 3.078, Law no 5.859/1972 and complementary Law no 150/2015) that regulate
domestic work since the abolition of slavery until nowadays, conducting a critical study on these
laws. The present study has deepened in the sociological roots of this laws, showing the social
injustices offered by domestic servants in a country essentially slavery. In this way it was possible
to conclude that although there has been a legislative advance over the past years in Brazil, is still
preponderant the absence of social recognition by domestic employees which are still seen as
lacking economic value and invariably suffer from overly flexible legislation or even with the
informality of their work. For the construction of this work it was used as methodology qualitative,
bibliographic and documentary research.

The aim of the research is to propose an analytical analysis of the judge's creative
power as a prerequisite for the realization of the fundamental right of access to a fair
legal order, seeking to expand the possibilities of its performance in a valid and
appropriate way to the cooperative procedural model, focusing on private procedural
relations , civil and labor. For this to be possible, was premised the renewal waves of
access to justice systematized by Mauro Cappelletti, Bryant Garth and Kim

Economides; the theoretical construction of Kazuo Watanabe regarding the concept
of access to a fair legal order and other guarantees that make up the cooperative
constitutional process model. Then, the transformation of the role of the judge is
measured under the theoretical paradigms of positivism to post-positivism and the
construction of the ideal of judicial protagonism and, subsequently, of expanding the
participation of the parties in the process of shaping the legal phenomenon in the
procedural model cooperative. Once the environment that provides the concept of
the judge's creative power that is sought to be presented has been established, and
under the premise of overcoming the static separation between the state powers, an
objective concept of the judge's creative power is formulated as a result of the
recognition of the normativity of the principles constitutional and an attempt is made
to distinguish it from similar or associated institutes. The procedural relationship is
analyzed as a participative and dialogic space and the concrete manifestations of the
judge's creative power present in the legal culture, for a better understanding of the
matter, such as the "case management", the work community, the judicial
cooperation, the procedural business, the proper handling of conflicts in the
Multiportas Court, the new possibilities for the investigative and sentence
enforcement phases. Finally, we seek to offer parameters for maximum effectiveness
of the fundamental right of access to a fair legal order from the proper handling of the
judge's creative power by adopting Robert Alexy's discursive theory of law and
pluralist and democratic legal argumentation, based on bases procedural, in respect
of its claim of substantial correction.

The present research aims to examine the production of evidence in the structural process, a
litigation model that has, as pretension, to implement a new state of affairs, changing a situation
of non-conformity. Therefore, the dissertation examines, the notions of structural problem,
structural process and structural decision; the concept of judicial evidence in the context of the
structural process; the evidential procedure in structural litigation, in the biphasic procedural
circuit, in which the first phase is intended to prove the structural problem for making the
structural decision and the second phase, in the implementation of the decision, accompanied
by permanent supervision and review of the results. The results of this research demonstrate
that, due to the prospective character of the structural decision, the evidential activity should
favor the gathering of a set of elements of judgment so that what was alleged and proven,
coincides with the reality of the structural problem. For this purpose, the proof, in the structural
process, has the purpose of investigating the allegation of a state of affairs, gathering
information and producing evidence, followed by the joint valuation of these elements for the
adoption of an informed structural decision. It come to concluded that in the context of the
structural process, a relevant field for atypical proof, among them, the prima facie proof, expert

witness, the statistical proof and its variants, are means of evidence capable of evaluating a non-
historical situation, as well as to obtain the reach of the ideal state of affairs.

The European legal treatment of enforcement demands in the last decades, reassessing the
necessity of court actions, is object of increasing interest and study by the Brazilian Academy
and Brazilian politicians. In this scenario, the Statue Law Project n. 6.204/2019, signed by
Senator Soraya Thronicke, is now being discussed in the Congress, aiming to establish and
regulate the process of civil enforcement claims outside the courts. Is this model, however,
applicable to the Brazilian Law System? Is the enforcement procedure naturally jurisdictional?
Could it be developed outside the courts? In order to answer those and other questions around
the subject, this study establish its main goal on investigating if the activity developed by the
so-called enforcement agent is jurisdictional or not. The investigation leads to the conclusion
that the enforcement agent’s activity is not jurisdictional, because his decisions can be altered
by the courts and they are not able to become unquestionable. Nevertheless, the legal acts that
integrate the procedure are stable in certain degree, due to the public faith that endue them, in
result of being produced by the public notary. In the classification proposed on chapter three,
that separates the cases in which the enforcement procedure is jurisdictional from those in which
it is not jurisdictional, the studied procedure is categorized as not jurisdictional.

This master's thesis seeks to discuss the category of superexploitation of the labour
power formulated by Ruy Mauro Marini within the scope of the Marxist Dependency
Theory (TMD). The analysis undertaken aims to relate this category with the
perspective of critique of the political economy of racism and law. Our research was
elaborated from the fundamental concepts of Marx's theory of value in the light of the
historical and dialectical materialist method, using the qualitative-quantitative research
methodology. In the first moment of this study, we articulate the philosophical and
theoretical-methodological questions, considering Marxism as a science of social forms
and formations and a political economy critique project. In the second moment, we
analyze the mechanisms used by capital as forms of superexploitation of the labour
power, among which, the payment of the labour power below its value, the increase in
working hours and the intensification of work beyond normal limits and the gap
between the historical-moral element of the labour power and its remuneration. In the
course of this investigation, we point to the need to elaborate other analytical
mediations with the objective of capturing the concrete levels of racial relations in the
context of the accumulation and reproduction process of contemporary capitalism. In
the third stage of the study, we formulated the concept of racial superexploitation of the
labour power as a negative determination of the value of the labour power based on
racial criteria. The elaboration around this category stems from the racial determination
of abstract labour and the racial determination of the value form, as well as the principle
of whiteness as a value. The racial superexploitation of the labour power takes place in
dependent capitalism as a mechanism for compensating for the loss of portions of
surplus value as a result of the unequal exchange and value transfer process. Within the
ambit of advanced capitalist economies, it operates as a counter-trend to the fall in the
rate of profit. In the fourth stage of this study, we seek to develop a perspective of
critique of the legal form and the legal-state form, highlighting the functionalities of the
state and law as social forms of capitalism that contribute to the process of
normalization and reproduction of conditions of racial superexploitation of the labour
power. In the fifth and last moment, we establish contributions to a critique of labor
law, understanding this specific branch of bourgeois law in the dynamics of
conformation of the legal form to the changes in capitalism. In the midst of the labor
law crisis, we define the phenomenon of outsourcing as the legal form of racial
superexploitation of the labour power. This categorical construction is linked to the
notions of criticism of the social totality and of transforming praxis. The political
development of this reflection consists in defending the perspective of overcoming
capitalism through the proletarian-socialist revolution, a conditio sine qua non for the
extinction of the regime of exploitation and racial superexploitation of the labour power,
structural racism and patriarchy.

The sentencing activity suffers from imprecise theoretical foundations about the
factors that can be valued and an insufficient systematization in Brazilian doctrine
and jurisprudence, which leads to excessive judicial discretion and deficit of legal
certainty for all involved in criminal proceedings, especially for those convicted. In the
dosimetry of the sentence, the problem stands out due to the open, unclear, and
mainly subjective concepts listed in article 59 of the Penal Code. Furthermore, the
strong link built throughout history between the idea of reprobation and culpability as
a systematic category of crime also has repercussions to the moment of sentencing,
contributing to decisionism and uncertainty in the quantitative definition. An adequate
understanding of culpability, however, allows identifying limiting of the State's punitive
power as its main function, which permeates all its meanings, including the one to be
adopted for sentencing. To fulfill this mission and with the goal of improving
sentencing in Brazilian law, then culpability must be conceived not simply as the level
of reprobation of the criminal behavior, nor should it be weighted autonomously as
just another judicial circumstance. Its role is that of a ruling criterion, an interpretive
vector that acts in three dimensions: limit, guide, and empathy. According to the limit
dimension, subjective-moralizing judgments are prohibited, the weighing of
preventive purposes in sentencing to aggravate the legal situation of the convict is
prohibited, and the recognizability of the factors that can be examined by the judge is
mandatory. Guiding culpability, oriented to the Theory of proportional punishment,
objectively directs the (legal) reprobation primarily to elements related to the crime,
which can be apprehended from the Theory of Crime, according to the level of
intensity of the behavior and the result. The "empathy" dimension, on the other hand,
derived from the dignity of the human person principle and an additional path for
limiting the state's power on the freedom of citizens, provides the possibility for the
quantitative reduction of the criminal sanction based on the examination of culpability
in its the strict sense and even of relevant aspects beyond the fact itself.

This research seeks to analyze the compatibility between the doctrine of the Fundamental
Duty to Pay Taxes and the laws that govern taxpayer behavior. Using the inductive method
and empirical research in law to first dissect which factors contribute to the individual's
compliance and non-compliance with the tax obligation. From these findings, study the state
of the art of academic productions without the intention of analyzing whether and how a legal
dogmatics considers these factors. In the end, it finds that the fact that the tax legal
relationship is a no synallagmatic relationship of which the individual is a taxable person is
not compatible with the natural laws that lead the person's behavior to tax compliance and it is
shown that, in fact, nature The legal aspect of the aforementioned duty is that of a functional
synallagmatic relationship.

This paper analyzes the discipline of civil liability of doctors and hospitals in Brazilian
law due to iatrogenesis. It begins the analysis by approaching the varied dimensions
of health treatment, considered as a right, as a product and as a profession, having
as a guide the discussions about medical power, about the perspective of death in
modern times and about the bioethical implications to be observed. It continues to
provide a panoramic view of the general rules of civil liability, with an emphasis on
modern grounds for accountability and the current fluidity of the criteria for
accountability, and of civil liability of doctors and hospitals, including those linked to
the Public Power, stressing the importance the nature of the obligations assumed in
the scope of health treatment for this accountability, means or results. It continues to
address iatrogenesis itself and its correction with the phenomena of the
medicalization of life, the symbolic strength of medicine, the technologization of
society and the encouragement of patient safety, and delimits the concept of
iatrogeny to cover only the damage resulting from the performance error free medical
/ hospital care. In the sequence, he defends that what legitimizes the predicted
iatrogenic damages, which always occur in the course of health treatment, is the
consent of the patient / injured person, after previous clarification, and deals with the
limitations to obtain this consent and the provision of information in the clinical
context. It also defends that what legitimizes the foreseeable iatrogenic damages is
the assumption of the risks of treatment by the patient, addressing the issue of risks
inherent to the health enterprise and the competition between the risks assumed by
the patient and the hospital, with the latter being responsible for the resulting of the
extraordinary risks imposed on the patient, based on the theory of internal
fortuitousness. It continues to analyze civil liability due to iatrogenic damage resulting
from drugs and medical materials / equipment and concludes that the doctor and the
hospital can be held responsible for iatrogenic damage both because of failures in
the process of obtaining consent and because of the imposition of risks extraordinary
to the patient, unrelated to those inherent to the health treatment itself.

The present work aims to investigate the relationship between public revenge and private
revenge, based on the analysis of news about the lynchings that took place in Salvador/BA,
between 1991 and 2019. The aforementioned time frame coincides with the so-called era of
mass incarceration in Brazil, where there was a significant increase in the Brazilian prison
population. In parallel, in the same period, some clues signaled the occurrence of many records
of cases of private revenge practiced through lynchings. Thus, the increase in the total number
of people arrested was not able to prevent the informal reaction to crimes (general prevention
of private revenge), nor the continuity of barbarism and massacres produced by the State
(general prevention of public revenge) for the population black. From this perspective,
considering the theoretical framework of the Criminology of Social Reaction, the traditional
dichotomy between penal control and situations of self-protection decoded in lynchings is
problematized, highlighting the overlaps that support the production of violence in the cases
studied. It is a qualitative research in which content analysis is used. The proposed
problematization gave rise to the choice of an empirical approach, in order to bring the research
closer to the nuances presented in lynching situations and in the media narrative. Between the
narrated violence and the narrative of violence, the investigation focused on the news in the
newspaper, recording them in a previously elaborated virtual form, considering the fields
considered crucial for the development of the investigation. After the description and analysis
of the data, some categories were elaborated, an opportunity in which the notion of narrowing
between the species of revenge was consolidated, which, in turn, brought hybridity as a

possibility of interpreting the relationship under discussion. Finally, the existence of a public-
private revenge is inferred as the result of the meeting points or narrowings found in the

analyzed data. The founding element of these intersection zones is the unnamed racism,
embodied in a rhetoric of whiteness that neutralizes the violence (re)produced in racial relations.

Despite gestating in Roman contractualism (bona fides), this thesis asks whether objective good
faith has an expansionist vocation/normative force capable of reaching other branches of private
law and, also, public law, as well as whether it has a nature principle, properly applied in the
light of constitutional civil legality. The general objective is to investigate whether there is an

expansionist vocation, as well as whether objective good faith is a norm-rule or a principle-
norm and whether its practical application is in accordance with the premises of constitutional

civil law. The methodology used was documentary/bibliographic research, national and foreign,
with data collection through bibliographic material, through doctrinal, jurisprudential and legal
texts investigation, in addition to a dogmatic approach, by logical, grammatical and systematic
interpretation, in accordance with the deductive, inductive and dialectical reasoning. According
to the eight chapters exposed, it became evident that the constitutionalization of civil law
requires a re-reading in the light of its strict premises, given the imprecise application of several
general clauses and, among them, objective good faith. The express acceptance of objective
good faith in the Civil Code was noted, visible for its triple function, as well as its connection
with the contract since Roman law, and, in modernity, its close connection with its modern
conception, was noted, with a constitutionalized profile, through civil, business and consumer
contracts. It was observed that objective good faith is a rule of public order
(loyalty/conduct/honesty) that imposes 'duties of consideration/conduct' arising from the
modern conception of obligation (dynamic, cooperative, solidary) and that are independent the
will of the contracting parties and are not bound by a particular type of contract. Its incidence
was also observed in any contractual phase (pre, during and post), including in other branches
of private law. In view of the overcoming of the summa divisio and considering that the
Brazilian legal system adopts an open normative model, permeated by general clauses, the
incidence of objective good faith was also demonstrated in terms of public law, as it is an
ethical-legal principle and a transdisciplinary legal category, whose aim is to achieve the
maximum realization of a constitutional value. The transformation of civil liability in
postmodern society ('risk society') was examined in view of the mitigation of its classic
assumptions (guilt, nexus and damage) and a fourth evolutionary phase of state civil liability
was pointed out, that is, the State as guarantor of fundamental rights, which is why the specific
state omission must be recognized in the light of new principles, and, among which, objective
good faith. It was attested that such specific omission constitutes an infringement of the duty of
diligence of the Constitutional State, thus violating the 'duties of consideration' relating to
objective good faith, which is also rooted in constitutional principle (morality, efficiency,
security, legality etc.). It was argued that objective good faith is a principle-norm (optimization
command) and not a norm-rule, being subject to restriction, through the proportionality test, the
result of which generates its essential content, thus present in the private law and public law. It
was noted that the Brazilian legal system does not follow the Free Law School, which rejects
the culture of judicial decisionism in force. Finally, it was concluded that objective good faith,
regardless of Roman contractual law, has a normative force to reach the other branches of law
(private and public), being a principle-norm that generates an essential content and that, in view
of of its imprecise practical application, it must be operationalized in the light of constitutional
civil legality, regarding legal certainty, based on the authority of the argument and not on the
argument of authority (arbitrary, sentimental and ideological).

This research investigated the expressiveness of the offer disciplines and courses
aimed to knowledge in law and economics during the previous training and continued
training of the judge, it aimed at producing a judicial decision supported by the
economic analysis of law. This study was based on the inductive method, and it used
the literature review and qualitative approach in the interpretation of official data,
through the use of statistical research techniques. The results showed that the judge
was little exposed to knowledge in law and economics. Probably, this situation
difficulted get for familiarity and it also get to possibility of using this mechanism in a
day-to-day basis. The scarce presence of the economic analysis of the law, during the
graduate, and in the initial and continuing training courses for judges, has configured
a inflection fator for the Judiciary, and it can meaning in the uselessness of this
knowledge during the reflection about the judicial decision. Therefore, there is a
precariousness the offer in the training of the judges in the economic analysis of law.
It was concluded that rights mean costs to the public treasury. So some renunciation
will be add to get righs. There are no hidden cost of law, and the costs need to be more
visible. Therefore, the judge must take on his role as a political-economic agent to carry
out his work, without abandoning compliance with fundamental rights and social rights.

A hipótese apresentada neste trabalho pode ser enunciada da seguinte maneira: o reconhecimento da
existência do direito fundamental à proteção de dados pessoais repercute, direta ou indiretamente,
deliberadamente ou por contingências históricas, sobre elementos estruturais do sistema de justiça.
Ao mesmo tempo, a reconfiguração desse sistema pode criar condições para promover, em seu
próprio âmbito e por seus instrumentos, uma tutela jurídica qualificada daquele direito. Para a
demonstração da hipótese, será apresentado, inicialmente, um panorama acerca da proteção de
dados pessoais no sistema jurídico brasileiro. Na sequência, será examinada a proteção de dados
pessoais no Poder Judiciário, com a abordagem acerca da sua adequação à Lei Geral de Proteção de
Dados. Finalmente, o tema da proteção de dados pessoais será examinado sob a perspectiva do
sistema de justiça multiportas.

This thesis analyzes, from the perspective of Ronald Dworkin's theory on the principle of
equality, the decision of the Federal Supreme Court in Extraordinary Appeal no 494601/RS,
which dealt with the constitutionality of the State Law of Rio Grande do Sul no 12.131/2004,
having this one stated as an exception the practice of animal sacrifice in religious ceremonies
of African origin. Based on the survey of the arguments supporting the votes of the Ministers,
the recognition of the right to religious freedom and worship for such religions are carried out
based on the application of the aforementioned principle. It is concluded that the final
decision of the STF does not offend human dignity and protects the right to religious freedom,
given the recognition of the constitutionality of animal sacrifice in Afro-Brazilian liturgical
rituals, demonstrating that it is consistent with the current situation that involves the rights of
animals in the Brazilian legal system. Once proven that the decision is based on consistent
arguments, it must be considered an adequate and legitimate solution within the framework of
a Democratic Estate of Law. The study in place addresses, in the first chapter, the debate
about African-based religions brought by RE no 494601/RS, tracing historical considerations
and the main characteristics of these religions, with a focus on Candomblé, as well as the
relationship between such religions and racism and the representation of animal sacrifice for
Candomblé. In the second chapter, religious freedom and the principle of equality in RE no
4946/01 are studied, based on the country's multicultural traits, the difference between
religious freedom, belief and worship, divergent thoughts regarding ritualistic practice, as
well as the conceptions about equality that the judgment brought. In the third chapter, the
sacrifice of animals is analyzed in the light of animal protection as an object of discussion in
RE no 494601/RS, identifying the prevalence of the idea of sacralization of animals, as well as
pointing out a way to debate animal dignity in the aforementioned resource. It focuses on the
argument of the historical continuity of morality, highlighting the necessity of evolving in
animal protection, and also reveals the view of the Supreme Ministers on the ritualistic
sacrifice of animals. The last chapter analyzes the Extraordinary Appeal no 494601/RS, from
its origin to its final decision, highlighting the position of the main protagonists in the process
of formation of the judgment, in order to prove that the STF had, by scope, to guarantee the
protection of the fundamental right of religious freedom to devotees of Afro-Brazilian
religions. The methodology used consisted of applying the research technique, bibliographic
and documental review, by consulting specialized literature, legislation and documents, and
the case study, as well as the deductive method, in order to obtain general conclusions on the
subject .

The present dissertation work seeks to present a proposal to combat the crime of trafficking in human organs at the level of the Community of Portuguese Speaking Countries especially Mozambique, Angola, Brazil and Portugal through, a full exercise to the principle of gratuity, freedom, anonymity and a constant social appeal to solidarity donation of post-mortem organs for transplantation as a way of reducing such demand (in queues of waiting) and, consequently, eradicate the crime of organ trafficking associated with grounds for non-commercialization and the black market itself, for calling into question the principle of human dignity as well as the total discouragement of transplantation in life when the real origin of the organs to be transplanted is unknown. Trafficking in organ has grown exponentially in many countries worldwide and, with disastrous effects with regard to the normative order of these countries, generally involving many areas of reflection. Bioethics in particular is called the ideal platform for implement the various normative and principled instruments of this phenomenon challenger. Organ transplantation being one of the purposes of trafficking is still the last alternative effective in numerous pathologies, contributing significantly to the quality of life. At the context of the current shortage of post-mortem organs, the need for increased donations is makes the applicability of existing means essential to reduce this gap between need and supply with living donors, dead donors, etc. However, the method simpler and more effective is to increase the number of donors. The absence of programs permanent programs aimed at raising the population's awareness of the incentive to attract organs has been a persistent imbroglio, the results of which are crystal clear by the scarcity of organs.

This dissertation seeks to analyze, within the scope of unprotected sexual relations
between serodiscordants individuals, the juridical possibility of seronegative manifest
his autonomy admiting the risk of contracting HIV virus. Initially, it were discussed the
clinical and social issues regarding the disease, as well as the main legal goods
harmed because of it, focusing on the rights to integrity, to health and on the debate
envolving the right to life. In the sequence, the institutes of individual autonomy and
vulnerability were examined, in addition to the special care granted to vulnerable
people on the hypothesis of state paternalism. It was demonstrated also the legitimacy
of protecting the legal good known as public health, wich is deeply related to the
situations envolving HIV virus, showing the necessity of universal recognition to legal
goods inherents to the society of risks. At last, it were analyzed the ways through wich
the individual autonomy manifests itself in the ambit of criminal law, highlighting the
hypotheses of assumed risks, consent, victimdogmatic theories and the
autoresponsibility principle. Considering the knowledge of the complementarity
between individual autonomy and collective interests, the present paper intended to
recognize that the situations envolving sexual transmission of HIV virus are not
featured only by individual rights, but also by public health. The collective ownership
that incides on the legal good makes it impossible for the people involved to put it at
risk, as long as there is actually risk to the publich health, avoiding the undue
intervention by the state over sexual liberty and intimacy of people, with fundaments
only on aspects of moral nature and far from the juridical order.

This research seeks to align the current discussion about environmental racism with the geographic space of the prison. It uses secondary data to get perceptions on prison reality, including a semi-structured interview with the director of Lemos Brito Penitentiary, chosen for analysis. The theoretical framework of the research is penal abolitionism from a racial perspective, supported by United Statian, African and Afro-Brazilian theories. The main question, then, is to find out if it is possible to overlap the theories of environmental racism and what is meant by prison in Brazil, subtly perceiving the use of the race instrument as a determining factor in the criminal justice system. However other social categories demands such as gender and sexuality are not excluded, altough they are not the focus of the research. By trying to break free from the bonds and academic obstacles, it seeks to build a dialogue with the reader, calling him/her to reflect on the garbage meaning and how the management of its production inside the prisons it is riddled by a intended and apparent state neglect, in contradiction to the current legislation that “guarantees” material assistance to the prisoner.

The present dissertation has the main objective to defend argumentatively the enlargement of
the communication channel between civil society and the Constitutional Courts, based on the
hypothesis that proceduralizing social participation in the deliberative-decision process of
concentrated constitutionality control reinforces the idea of democratic legitimacy of
constitutional jurisdiction. Thereby, it uses as main premises the conceptions of constitution
as an open public process and the Constitutional Courts as deliberative spaces that construct
the meanings of constitution, to defend the influence of constitutional emancipatory narratives
in the decision-making process of constitutionality control. Presents as specific objectives: to
propose improvements in civil society's access to concentrated constitutional jurisdiction,
with the intention that minority groups directly formulate their demands with their own
instruments; demonstrate the possibility of a revolution of rights in Brazil, from the opening
of the Brazilian constitutionality control system to society; propose the creation of a
Constitutional Court in Brazil, that would carry exclusively about concentrated control of
constitutionality. Therefore, it starts with the comparative method called “contextualism”,
when seeking inspiration in the Colombian constitutional jurisdiction, wich uses instruments
to open the Constitutional Court to civil society, like the tutelage actions and public actions of
unconstitutionality. It also uses: the inductive methodology, to guide the reader through
inferences built from bibliographic research; empirical analyzes, to verify when these themes
occupied the Brazilian Supreme Court's decision-making agenda; and documentary research,
to verify, in the Brazilian constitutional history, moments when the proposals intended here
were debated in the ambit of the Constituent Assemblies of 1934 and 1987/1988. It has as
cutouts: analysis of the concentrated control of constitutionality; investigation of the pre-
decision phase of the process, which is the moment when the Constitutional Court receives
the demand made by external agents; development of content based on the ideal produced by
Latin American constitutionalism. Thereby, from the analyzes made and proposals defended
in the research, it is concluded that it’s possible to have a revolution of rights with the
realization of a concentrated constitutionality control in Brazil from a Constitutional Court by
opening the communication channel with civil society, since the body responsible for
concentrated constitutional jurisdiction would be the ideal channel for processing fundamental
rights, notably from minority groups.

This essay aims to address aspects related to discrimination through algorithmic biases,
having as main thematic focus the impacts of automated decisions on sexual minorities. The
defended idea is that the transfer of human beings' decision-making capacity to machine
learning algorithms is not able to eliminate the prejudices inherent to human subjectivity, as
the algorithms can bring with them the social biases embedded in the programming or “learn”
the prejudice through interaction with big data. Thus, decisions made by algorithms, although
apparently neutral, are capable of violating the principle of equality and non-discrimination,
negatively impacting women, homosexuals, and, particularly, transgender people. Based on
these premises, the first two chapters of this essay are dedicated to the necessary
interlocutions between law and sexuality in an attempt to demonstrate that the Brazilian legal
system does not tolerate any forms of negative discrimination for reasons related to sex
(gender), sexual orientation or identity. genre. Then, from the third chapter, we seek to
investigate and understand the philosophical bases of a society increasingly governed by
algorithms and data. It is also where terms and concepts usually used in the description of
modern technological phenomena, such as machine learning, internet of things and big data,
will be discussed. It also seeks to understand how the biases of the algorithms and the
solutions to mitigate their harmful potential and avoid the occurrence of discrimination occur.
In a continuous act, in the fourth chapter, the decisions made by algorithms are analyzed in
the light of the rules for the protection of personal data, aiming to understand and place the
algorithmic problem in the context of the relevant legislation. Finally, the fifth chapter is
dedicated to investigating specifically algorithmic discrimination for reasons related to
sexuality through the legal analysis of specific cases, where an attempt will be made to seek
possible solutions to avoid this form of discrimination.

Public security is a right that helps to build a quality of life in a nation and without it, the
condition of social coexistence is mitigated or evenunsustainable. It is imperative to
reflect on how this seriousproblem can be deciphered and worked on in the search for
solutions, when a model of criminal justice system is no longerable to meet social
demands. A paradigm of a restorative penal system makes it possible to restore social
peace, as it is guided by the sense of pacification of conflicts. In this sense, a point to
verify is regarding the sufficiency of the organizationalstructures in By delimiting the
theme,sustaining a restorative performance in the entire criminal justice system. By
delimiting the theme, it was allowed to inquire the insertion of restorative justice in
public security under fivebasicquestions: What? Because? How to make? Where? In
what way ?An objective answer is that restorative justice is a more adequate model,
given the current criticalsituation of the criminal justice system, through the insertion of
restorative dialogue practices and techniques, within the scope of public
securitybodies, through changes in the organizationalstructure of the bodiesclosest to
the community. The main objective of this study was to analyze the
organizationalstructure of the Civil Guard Municipal of Salvador in order to verifyifthere
is a possibility of inserting the restorative justice model in its performance. The
methodology was carried out throughhypothetical-deductivereasoning, and the
methodological strategy used was theoretical research, throughcontent analysis,
bibliographic analysis and documentary analysis. To this end, this study was
dividedintoeightchapters, the firstbeing the introduction; the second and the
thirdportrayabout the restorativeculture, through the knowledge of its main foundations,
knowing its dimensions, its principles, purposes and normative aspects; the fourth on
aspectsinvolving public security; the fifthpart, on aspects related to the possibility of
insertingrestorative justice in public security; the sixth and seventhchapter on the
viability of the organizationalstructure of the Civil Guard of Salvador for
restorativeaction; and the eighthchapter, the conclusion.The need to adapt the
structuralapparatus of the Municipal Security Guard, due to theirproximity, is what can
make these institutions a catalyst for the model of restorative justice for public security.

This study aims to discuss the National Policy of Restorative Justice in the Judiciary,
instituted in Brazil through Resolution CNJ no 225/2016, of the National Council of
Justice, with the objective of promoting the program of actions to encourage the
implantation and diffusion of the so-called Restorative Justice in the Brazilian justice
system. It is hypothesized that the affirmation of a Restorative Justice, formally
instituted, inspired by community and indigenous models of conflict resolution with
direct involvement of the parties affected by the conflict to the detriment of the
judicialized form and decided by an “authority”, translates into paradigmatic model,
since it is alternative to the current retributive model of criminal justice. Initially, we
sought to discuss the characteristics of the punitive paradigm, placing it as a prevalent
model today. Then, taking as a motto the crisis of the current punitive model, we move
on to the study of consensual models of conflict resolution, which are alternative
mechanisms to the retributive justice model. After a descriptive approach of such
institutes, the analysis of Restorative Justice is passed, situating it as a diverse,
democratic and emancipatory model of conflict resolution, insofar as it is aimed at
promoting a culture of peace and conflict resolution, with a focus on restoring damage
between the parties directly involved, family members and the community, it provides
everyone with a reflection on their responsibilities and ways of overcoming the situation
considered to be conflictive. In this context of approach, it is proposed to discuss the
National Policy of Restorative Justice within the scope of the Brazilian Judiciary, its
purposes, institutional arrangements, techniques and concepts proposed and the
political and legislative role of the National Council of Justice in relation to the topic.
The problem presents itself in view of the impasse resulting from the non-detachment
of the restorative approach from a subsequent criminal validation, nor has Restorative
Justice been considered as an autonomous consensual means of resolving conflicts
in the criminal sphere. We opted for a methodology of legal-dogmatic aspect in the
realization of this work, in which, through a process of compilation and scientific
investigation of the reference bibliography, considered the analysis of books, theses
and scientific periodicals that helped in the development of this dissertation. At the end,
recognizing the complexity of the theme, dialectical contributions are presented to the
debate about the current and recently instituted National Policy of Restorative Justice
within the scope of the Brazilian Judiciary.

This research aims to analyze the role of the Public Ministry in processing homicide crimes
arising from opposition to police intervention. The analogy made between the fire gun and the
pen intends to show that Parquet actions are biased in cases in which the State agents are the
perpetrators, and Black women are the victims. In order to show this fact, I analyze the criminal
action regarding the homicide of Cláudia Silva Ferreira, a Black woman hit by a rifle shot fired
by police officers of the 9th Military Police Battalion of Rio de Janeiro, in the community of
Madureira in 2014. Cláudia was dragged for over 350 meters while she was stuck to the police
car’s trailer. This dehumanizing episode, directly associated with the anti-Black racism present
in Black people’s social representations, has given the media the power to replace Cláudia’s
name with the nick name the dragged woman. For the analysis of the criminal action, I used the
documentary research investigation method, with an analytical perspective and a qualitative
approach. I depart from the hypothesis that the Public Ministry legitimates these homicides and
remains protected by the constitutional mission of external control of police activities.
Moreover, the arguments in favor of drug war, also legitimated by the Public Ministry, has
conceded endorsement to the use of lethal force against Black bodies. The objectives are a)
reveal that there is a silencing in the penal system about towards the executions of Black
women; b) demonstrate how the police is free to define Black people’s fate is supported by the
licensing granted by the Public Ministry and ratified by judges and defenders; c) unveil the
intersections between the legal model adopted by the Brazilian State and the genocide of the
Black population. The concepts of anti-Black racism, spatial necropolitics and genocide guide
these procedure crossroads.

The present research starts from an analysis of how the pathologization promoted by the
transgenitalization process carried out by the Unified Health System affects the
materialization of the fundamental right to trans people. The fundamental right to
constitutionalized health is based on principles such as universality, comprehensiveness
and has a public policy of transsexualization that requires reformulations from a
quantitative and qualitative point of view, given the small number of hospitals that
provide hormonal and surgical gender transition protocols, as well as the fact of
recognizing a diagnostic category in the genre. Thus, the following objectives were
constituted as a structural basis for carrying out the work: (a) Establishing the social and
historical roots that make up the device of sexuality and how transsexuality became a
pathologizing territory by the medical sciences; (b) to analyze the main normative
aspects that structure the device of the fundamental right to health of transgenders; (c)
investigate the trans identity diagnosis process in the transsexual process carried out by
SUS (Ordinance No. 2803/2013) and understand how it contributes to the deepening of
the pathological stigma that hangs over transgenders; and (d) defining the recognition of
trans identity as a way of mitigating the diagnosis of transsexuality, of deepening the
realization of the fundamental right to health of transgender people and of reaching a
paradigm of justice that sees recognition as a way of consolidating social justice, after
all, social injustices are imposed beyond the absence of due material and economic
redistribution.