Revista Internacional Consinter de Direito

Information integrity: interfaces between law and artificial intelligence C20 2024/ G20/WG7 - digitalization and technology

Maria Celeste Cordeiro Leite dos Santos, Marilene Araujo — Sat, 21 Dec 2024 00:00:00 -0300

Summary In 2024, Brazil is the host country of the G20, among several global economic topics, the digital economy gains prominence, due to the changes in paradigms that information technologies bring to the current reality. The regulation of these new digital and social environments is necessary. The problem of misinformation and fake news associated with the development of disruptive technologies, such as Artificial Intelligence (AI), brings ethical and legal reflections to the design of regulatory frameworks. If necessary, analyze the possibilities for regulation, without losing attention to issues relating to Justice. This is the objective of this article. The methodology used is hybrid, of a descriptive-bibliographic-explanatory nature, with the application of the Aristotelian Topic for constant questioning. The expected result materialized in the proposed interfaces between law and artificial intelligence and the protection of the informational environment, with the regulation of aspects that enable the integrity of information and the protection of human personality.

Legal scenario of virtual sports in Brazil

Marcos Antonio Nunes da Silva, Viviane Coelho de Sellos-Knoerr — Sat, 21 Dec 2024 00:00:00 -0300

The study aims to investigate the legal-business context of digital games (e-sports), their structuring and professionalization. The problem lies in understanding the legal implications and current scenario involving sporting activity, the content and sufficiency of the legislation that seeks to standardize the sector in Brazil and its implications. To do so, it uses the logical deductive method, combined with precedents from bibliographic and documentary research. As its main contribution, the study finds that virtual games are a true sporting practice and, therefore, should be recognized. However, the absence of sufficient specialized legislation to regulate the legal aspects arising from the practice creates legal uncertainty and hinders the development of the sector. As a main contribution, it is concluded that there is a need for a more robust and homogeneous legal environment that favors the development of digital sports in the country. Market growth indicates a new era of economic opportunities, requiring policies that encourage innovation, competitiveness and digital inclusion, while ensuring a fair and regulated environment for all stakeholders involved.

The cognition of virtual subordination and the binomium of flexibility/control of virtual platforms

Denise Fincato , Emelly Moura — Sat, 21 Dec 2024 00:00:00 -0300

Labor Law produce legal certainty in labor relations, however, in the subject in question, there isn’t yet a concrete rule regarding labor relations in the context of virtual subordination. In this sense, the following question arises: Considering the normative absence of the matter of workers by applications, how to solve the consequences of a possible precarious work and potential violation of international human rights? Based on this assumption, the research intends to investigate the cognition of algorithmic subordination, and how such an attempt can solve the obstacles of the classic model of subordination. The method of approach used is systemic and as for the procedures adopted, they are historical, structuralist and typological, comprising the classic model of the employment relationship as a paradigm of the new structuring. The interpretive method is the systematic one, to understand the guidelines of the system. Furthermore, the research is supported by bibliographic sources. As a result, it is understood that the absence of a rule that affects the so-called "application workers" only corroborates the possibility of precarious work, however, changing this reality is also up to the Legislative Power, with the proposal of projects of law related to the subject, not necessarily framing the relationships in the employment type, but establishing a minimum protective standard. At the national and international level, maintaining a non-regulated and precarious reality violates the constitutional principle of the dignity of the human person and breaks with the international treaty on decent work in Convention 189 of the ILO.

Excedentary human embryos or "created" from stem cells in Portugal and Brazil: the social relevance of legislating

Sat, 21 Dec 2024 00:00:00 -0300

The evolution of human procreation techniques has raised a series of questions to be considered and defined by standards attentive to the principles of Bioethics. In Portugal and Brazil, the treatment given to surplus embryos, whether in terms of disposal or use for scientific purposes, has different directions. However, in Brazil, with the exception of the Biosafety Law of 2005 and the resolutions of the Federal Council of Medicine since 1992, there is still no standard to cover more complex cases, although there is a legislative project to amend the Civil Code that could fill this gap, even than in part. In Portugal, Law No. 32/2006 tries to adjust to the constant changes occurring around Medically Assisted Procreation, including expanding the number of beneficiaries since 2016. This article, based on a bibliographic and documentary review, seeks to show ethical concern in the treatment of the genetic material, in view of the standards that exist or will come, on the subject, especially with regard to personality rights and the principle of human dignity. In addition, there will be a report from 2023, in which scientists announced embryos “created” from stem cells, or “synthetic embryos”. This reality may refer to a future in which people generated by PMA may be completely disconnected from their biological truth. This fact is increasingly plausible, in an era characterized by technological escalation, the increased use of Artificial Intelligence and, reflexively, the development of Digital Law that is linked to this.

Trademark dispute concerning big techs

Natália Cristina Chaves, Laurence Duarte Araújo Pereira — Sat, 21 Dec 2024 00:00:00 -0300

The activities of Big Techs challenge contemporary law on multiple fronts. Within the realm of trademark law, disputes involving Big Techs have acquired new layers of complexity. Leveraging their economic power, Big Techs may start exploiting trademarks that have been previously registered in the same sector by third parties in other countries, including Brazil. This article is focused on studying, through practical cases, the behavior of Big Techs in relation to conflicts involving trademark rights, in the light of Brazilian legislation, to determine if it could represent any illegality and, if so, what stance should be adopted. As will be seen, based on Brazilian legislation, it is evident that the posture of Big Techs in the analyzed field may imply a violation of industrial property rights, as well as the principles of free enterprise and free competition. Being a recent phenomenon, the issue cannot be analyzed solely from the perspective of the protection currently given to notorious trademarks, which does not consider scenarios of almost instantaneous notoriety that have not been developed over time. Favoring the trademark rights of Big Techs in these cases compromises the legal foundations upon which the exercise of economic activity in Brazil is structured, which must be countered.

Justice, peace, and fraternity in the family nucleus

Edgardo Torres López — Sat, 21 Dec 2024 00:00:00 -0300

The objectives of this academic article are: a) Reflect critically on the meaning and importance of the values of justice, peace and fraternity in the family, from a moral and legal perspective. b) Disseminate the legal norms that protect the members of the family unit against domestic violence. The hypothesis of this article maintains that: “The lack of knowledge, respect and practice of the values of justice, peace and fraternity, fundamental bases of the Constitutional State of Law, has generated and continues to generate serious situations of social violence and specifically family violence. The article using a descriptive and theoretical methodology of the situation; observation of reality, review of legal texts, and bibliography for the formulation of good behaviors to follow; The results achieved are proposals for good practices to contribute to solving the problem. The article has no scientific pretensions; It is an essay that seeks to approach reality and provide simple and applicable answers for all citizens to the prevention and solution of the issue of family violence.

Changes in the brazilian labor market: the role of collective agreements in face of state regulation

Vilma Dias B. Gil — Sat, 21 Dec 2024 00:00:00 -0300

The law, as a norm of state origin, still retains its supremacy over other formal sources of law, such as collective instruments arising from negotiating power, or collective negotiation.

However, from the point of view of efficiency and contemporaneity, it does not always prove to be adequate and efficient in view of the urgency demanded by the events occurring in the daily lives of companies and their workers. In this sense, the negotiation path, due to its agility and speed, has proven to be more suitable for facing crisis situations or situations that, in some way, require a prompt response.

This study analyzes the role of collective agreements and their importance concerning the regulation of working conditions when compared to state norms, given the profound and rapid changes that affect the entire planet and, in particular, labor relations, especially due to two aspects: the greater speed and agility in the process of drafting the collective instrument and the fact that the collective agreement takes into account the specificities of the sector of economic activity that it intends to regulate, unlike the law, which has a generalizing nature.

It is based on the analysis of collective agreements and conventions signed during the coronavirus pandemic, which regulated certain working conditions in the face of the absence of regulation or late regulation by the State.

Through the descriptive-analytical method, and based on these instruments, it was observed that the convention is better able to regulate working conditions not only in crisis situations but also in those that require greater speed, such as those resulting from new technologies and new forms of hiring workers. In times of crisis, such as the one that took place in Brazil and around the world in the face of Covid-19, collective instruments established rules and procedures to be applied in the period long before the promulgation of legal instruments that defined paths.

Moreover, collective bargaining, in addition to being a fundamental right inscribed in the Constitution, is an instrument of democracy insofar as it honors the will of the social actors involved in labor relations.

Good negotiations require strong and active unions. A union reform is urgently needed so that union rights are actually guaranteed and unions can truly represent the will their members.

Prescription of community debt in horizontal property

Carlos de Lara Vences — Sat, 21 Dec 2024 00:00:00 -0300

The limitation period for actions to demand compliance with the obligation to contribute to the expenses for the adequate maintenance of the building subject to the horizontal property regime is a controversial and far from peaceful issue in doctrine and jurisprudence. The objective of this work is to propose a definitive period of prescription for actions to demand compliance with this obligation and its legal location. Currently there are several possible hypotheses that in all cases conclude within a statute of limitations of five years. Having been the intention of the legislator that the limitation period for the fulfillment of obligations in annual terms or shorter terms is lower than that of obligations not subject to their own term, it is foreseeable that the term of the former will be reduced in the future. Another possibility is that a legal reform is carried out that allows the regulation of the prescription of the obligation to contribute to the horizontal property regime to be introduced in special legislation, apart from the general legislation of the Civil Code. To achieve the proposed result, the simple legal dogmatic method has been used, through the analysis of the current legal regulation, to make the proposal of the future regulation after the analysis of the doctrine and jurisprudence related to the different hypotheses. The result achieved determines the need to maintain the five-year limitation period, determined in the Horizontal Property Law.

Codelinquency and overcharging: the need to distinct between necessary cooperation and complicity in criminal imputation

Leonardo Augusto de Almeida Aguiar — Sat, 21 Dec 2024 00:00:00 -0300

The present work seeks to demonstrate the advantages that can be extracted from a differentiating treatment at the level of imputation of the unjust by way of participation. It defends the configuration of two distinct penal marks in the treatment of co-delinquency: a first mark, foreseen in the caput of art. 29 of CPb, referring to authorship, which also includes co-authorship and immediate authorship, and also the so-called “primary participation”, constituted by the form of participation which corresponds to a penalty equal to authorship (necessary cooperation); and a second milestone, provided for in § 1. of art. 29 of CPb, referring to “secondary participation”, constituted by a form of participation which corresponds to an attenuated penalty in relation to authorship (minor participation or simply complicity).

This individualized, restrictive and differentiating valuation of the phenomenon of codelinquency leads to the use of typicality as the basis of attribution, replacing causality, so that the distinction between authorship and participation becomes a problem of type, which generates an important reflection in the scope of procedural law: the need for the accusatory postulation to specify, in cases of co-delinquency, the legal classification of the intervention of each accused.

The adoption of this practice, in addition to representing greater respect for the principle of broad defense, bringing greater detail to the accusation made, would also have the concrete effect of increasing the possibility of applying the procedural figure of the conditional suspension of the process (art. 89 of Law n. 9.099/1995), the criminal transaction (art. 76 of Law n. 9.099/1995) and also the non-criminal prosecution agreement (art. 28-A of the Code of Criminal Procedure), as well as any other type of a legal-procedural institute based on the penalty imposed on the offense charged. This is because, in the case of participation by way of complicity, the special cause of reduction of sentence of art. 29, paragraph 1. (participation of minor importance), as it occurs in the attempted crime, and even in conjunction with this (competition of special causes of reduction of the penalty).

Cooperation between Church and State: the necessary and fruitful model in contemporary constitutionalism

Sandro Bobrzyk, Guilherme Schoeninger — Sat, 21 Dec 2024 00:00:00 -0300

This study examines the models of the relationship between Church and State in contemporary constitutionalism. It seeks to answer the following problem: from the perspective of contemporary constitutionalism, what are the models of the relationship between Church and State? This research is divided into three parts, following the study of the models of separation, cooperation and confessionality, verified in the legal systems of the United States of America, Germany and England, respectively. The hypothesis raised, which was confirmed as a conclusion, is that the cooperation model is the one that best protects and promotes fundamental rights and guarantees. The dialectical method is used, together with bibliographical and jurisprudential research based on foreign legal systems.

The financial deficit in the social security system

Eliane Romeiro Costa — Sat, 21 Dec 2024 00:00:00 -0300

The securities deficit and the dissatisfaction with social solidarity tend to alter the levels of human safety in the context of the contemporaneous social system. The financial insufficiency in the collective society is an affront to the public care duty as a myth constructed in the 20th century. This analysis adopts the values of universal coverage and survivability as essentials for income and maintenance of dignified and basic benefits. The treatment of deficit culture suggests proposals that aim to only reform, but also reduce and/or transform the care structure as well as destabilise and disconnect the societal fabric risking the reintroduction of ample social deprotection. Therefore, the paradox of the language of rights operating both in income and secondary social rights distribution, along with the universal and basic social justice protected by international human rights, is now being confronted with an era of uncertainty provoked by the deficit culture which influences the remission of contributive solidarity and minimises both the right to care and social human safety for present and future generations. We adopt the principles of existential dignity, the theory of necessity, of cooperation and care for the viability of social and human security, the western doctrines of human and social rights and their economic and fiscal analysis on demographics, from the coverage to the actuarial, financial, security and actuarial déficit as well as pensionary risks. In the short term, the deficit in the social security system lead to a tax crisis which invalidate the system of social trust. The Society tied to the culture of systemic deficit fails to assist social security pensioners. This study analyses the uncertainties caused by the environment of constant reform that emerged under the justification of structural tax deficit.

Challenges of penal law in repressing social engineering in virtual environments in Brazil

Matheus de Quadros, Fabrício Bittencourt da Cruz — Sat, 21 Dec 2024 00:00:00 -0300

This article aims, through the hypothetical-deductive method, to analyze the effectiveness of Criminal Law in preventing social engineering practices in virtual environments in Brazil. A qualitative and exploratory research was conducted, using documentary and bibliographic resources. The article also explores international studies and experiences to identify potential complementary approaches to combating online social engineering. The conclusion points out that, despite legislative efforts to make Criminal Law encompass social engineering practices in virtual environments, structural obstacles hinder the effectiveness of this approach. Furthermore, the article highlights the need for a preventive strategy by the State, to be implemented through complementary public policies.

Economic challenges of social security in the post-Covid-19 pandemic: analyses in the contexts of Brazil and Europe

Denilson Victor Machado Teixeira — Sat, 21 Dec 2024 00:00:00 -0300

Objectives: The article aims to analyze the economic dimension, the public budget, public policies, the implementation of social security law and the COVID-19 pandemic, although the problematization, is embodied in carrying out a critical analysis of the social security economic challenges post-COVID-19 pandemic in the contexts of Brazil and Europe. Hypotheses: The hypotheses consist of the negative economic data at the global level, triggered primarily after the pandemic caused by COVID-19 and with repercussions both in Brazil and in Europe, in such a way that they reflect negatively on the public budget, and, consequently, on the pension system. Methodology: The scientific research method used was deductive; and, the methods of methodological procedures the historical, the comparative, the monographic and the statistical, corroborated by bibliographic (publications) and documentary (legal) research, in addition to the sources of formal research (lato sensu laws and doctrines) and material (facts and values of society). Results: The global economic and financial crisis, aggravated by the COVID-19 pandemic, requires an agile and effective response from countries, and in the context of social security, reforms and/or new normative reforms are necessary in order to enable the implementation/guarantee of social security rights. Final thoughts: The main contribution brought by the study is revealed in the need for normative reforms in the field of social security, in order to enable a financial and actuarial balance that provides the realization / guarantee of social security rights through concessions of pensions, aids and pensions, especially to the beneficiaries of the regime (insured and dependent), including, restructuring with a contribution ceiling at the level of the existential minimum based on the dignity of the human person, being indicative for future studies on the subject.

Dignity: a proposal between human rights and nuclear energy

Oduwaldo Jose Harmbach, Olivio Pereira de Oliveira Junior — Sat, 21 Dec 2024 00:00:00 -0300

This article has its research at the intersection of nuclear energy and human rights. Nuclear power is seen as a risky or dangerous process, but not a criminal one. Nuclear energy and dignity appear to be antagonistic or incompatible concepts. For this reason, this research was dedicated to this subject, seeking to verify the extent of the use of nuclear energy and its presence in civil society, as an important tool for diagnostic and therapeutic medicine. This research is based on the hypothesis that dignity is the concept capable of intersecting Human Rights and nuclear energy. The general objective of this article is to establish a connection (for dignity) between human rights and nuclear energy. Still having as specific objectives, first to investigate that nuclear energy, even though it is a risky technology, is important. Second, Brazil has one of the largest reserves of uranium in the world, an essential element for obtaining atomic energy. Third, dignity as an element of intersection or union of the concepts of human rights and nuclear energy. As for the method, it is an exploratory-descriptive study, with a qualitative approach to the existing bibliography, accompanied by consultations to journal and newspaper websites. The results achieved were that dignity, its value in itself, its absolute value, in what differentiates it or differs from other living beings, proves the hypothesis as true that nuclear energy should be guided by the culture of Human Rights.

The human right to social assistance for elderly people and BPC brazilian´s payload credit

Denise Tanaka dos Santos, Ester Moreno de Miranda Vieira — Sat, 21 Dec 2024 00:00:00 -0300

Based on questions about the human right to social assistance for the elderly, especially the most vulnerable, who are favored by the continuous provision benefit (BPC), this work aims to investigate the panorama of payroll loans in this assistance support, in Brazil contemporary. It should be noted that the lack of academic production on the subject and the great social repercussion, with international and national relevance, justify the importance of this text. In this way, based on systematic methodology with bibliographical and documentary research, the article seeks to problematize and identify what is available in the international and Brazilian normative order, especially at the infraconstitutional level, which provide reflections for the discussion, in the current Brazilian scenario, and as a result the need for protection of hyper-vulnerable elderly people, given some demographic parameters, over-indebtedness and payroll loans.

Human rights and poverty eradication. Homeless people. Minimum living income. Aparophobia

Ivani Contini Bramante — Sat, 21 Dec 2024 00:00:00 -0300

The state has a duty to protect people in vulnerable conditions, such as those living on the streets. We cannot close our eyes to reality and ignore the facts that occur in our society or simply normalise them as part of everyday life. There is a need to guarantee a living income and means of subsistence for everyone, including homeless people. In fact, as long as the public authorities remain inert, the judiciary must act in the judicial control of public policies, in the face of inhumane conditions, the so-called "unconstitutional state of affairs", through so-called "structural actions", in the sense of transforming the social reality, by eradicating the causes of the "situation of the street population", as a means of protecting human rights. We will therefore analyse the internal and international rules on the protection of people in need and the means to eradicate poverty, the principles that govern the legal system and their practical application to the protection of homeless people and the means, de lege ferenda, to solve this problem that plagues countries.

Digital tax obligation

Luiza Nagib, Eliza Remédio Alecrim — Sat, 21 Dec 2024 00:00:00 -0300

The public administration informatization and the change in the way of complying with accessory tax obligations, which become digital, cannot result in a violation of the general and abstract norm, or the tax principles provided for in the Federal Constitution. The accessory tax obligations must be provided by law and have the purpose of instrumentalizing the inspection and collection of taxes. The purpose of this article is to point out the panorama and possible trends in the imposition of digital accessory obligations in Brazil, in order to identify whether the limits imposed are respected in the institution of these impositions. The methodology used consisted in a qualitative study, with the application of the empirical-dialectical method, through bibliographic and documentary research, on the analysis of norms. The rules for establishing the Public Digital Bookkeeping System (SPED), the National Statute for the Simplification of Accessory Tax Obligations, the Tax Compliance Program and the Project to Eliminate the Assessment Guide (GIA) of the Brasil value-added tax on sales and services (ICMS) were analyzed. Despite the formalized intention of these mechanisms being precisely to reduce the cost of accessory obligations in Brazil, what can be seen from the research is that, in practice, despite the vanguard of initiatives, there is still a lot to be done, considering that the digital accessory obligations do not simplify or reduce tax obligations, quite the opposite.

From historical prejudice to digital illiteracy: limiting access to social security benefits: the specific case of the special insured

Jane Lúcia Wilhelm Berwanger, Ellen Tamara Silveira Weber — Sat, 21 Dec 2024 00:00:00 -0300

This article intends to expose considerations about the historical prejudice faced by special insured people in Social Security and its intergenerational consequences, analyzing, therefore, whether digital illiteracy can be a limiting factor in access to social security benefits. It is based on the hypothesis that the historical context affects the participation of these policyholders in society, especially in the interaction with new technologies. Initially, a general overview of the computerization of systems in Brazil will be made, through the verification of data obtained in research, as well as by studying the evolution of digital tools in the social security sphere. In continuity, the figure of the special insured and its importance will be studied, analyzing the historical context of the inclusion of rural workers in Social Security. Finally, it will be analyzed how the special insured has, in digital tools, factors preventing access to social security benefits, through the exposure of reflections on the historical and current prejudice that the category faces. This article was prepared through a qualitative study, which resulted in the conclusion that, although the figure of the special insured is crucial for the maintenance of society, it is undeniable the existence of a historical prejudice that has negative impacts on how category, today, survives and adapts in society, especially in the ability to use technologies, which end up limiting access to their rights, due to the digital exclusion that is observed today, which is only a small visible part of a problem larger and more complex that involves prejudice and historical distortions.

Tax reform - reflection on the fossil fuel sector

Eduardo Ribeiro Botelho, Gabriel Quintanilha — Sat, 21 Dec 2024 00:00:00 -0300

The study refers to the impact of tax reform on the fuel sector. The text addresses the possibility of creating a selective tax over the sale of fossil fuels. Among the reflections, there is the need to reconcile the non-cumulative nature of the proposed tax model on the value added tax levied on purchases by oil refineries with the debts of the VAT.

The relationship between the crime of sexual harassment and the error of sexual perception

Tiago Gagliano Pinto Alberto, Fernanda Ghellere, Sidnei Rinaldo Priolo Filho — Sat, 21 Dec 2024 00:00:00 -0300

This paper aims to analyze the crime of sexual harassment, included in Article 215-A of the Penal Code, through Law No. 13,718/2018. This law sought to fill a gap in the legislation to cover libidinous acts that are less serious than rape, but not as light as indecent assault. Furthermore, according to psychological studies, men tend to interpret a woman's potential sexual interest more strongly than she intends. This misperception becomes a problem when it culminates in abusive acts. Thus, the possible relationship between sexual misperception and sexual harassment will be addressed, without this being used as a justification for abusive behavior. The intention of the present work is not to provide justifications for the behavior of the aggressor, but to seek to understand how the overestimation of sexual interest occurs and its possible relationship with sexual harassment.

Social risks and the need for adherence to the principle of equality regarding women´s access to social security benefits

Carla Benedetti, Roberta Soares da Silva — Sat, 21 Dec 2024 00:00:00 -0300

Gender inequality in Brazil manifests comprehensively, impacting women's relationship with Social Security and access to pension benefits. The research problem in this article arises from substantial challenges in pursuing retirement due to low income, labour market informality, and women's frequent financial dependence on their partners. The 2019 Pension Reform exacerbated this situation by reducing the value of death benefits, disproportionately affecting women as primary beneficiaries. This context supports the hypothesis that being a woman and accessing pension and assistance benefits to ensure a dignified life presents a considerable disadvantage. Given this panorama, the primary objective of this article was to provide a critical and updated synthesis of gender inequality in accessing pension benefits in the Brazilian context. The research methodology employed represents a comprehensive qualitative review of the pre-existing literature and documents in the pension field, exploring academic sources, government reports, and expert articles. As a result, the research highlighted the imperative need for public policies to promote gender equality in the labour market, reduce wage disparities, and establish pension criteria more favourable to women. Such policies should recognize the specific needs of women, ensuring their full enjoyment of pension rights.

Social security as an instrument of democratization and isonomy among citizens

Zeno Simm — Sat, 21 Dec 2024 00:00:00 -0300

The objective of this article is to study the relationship of social security with democracy, fundamental social rights and the legal principles of equality, proportionality and solidarity, seeking to establish how social security can be a decisive agent in establishing isonomy among citizens. The question raised is to establish whether in Brazil this action has been effective or if it still generates unequal treatment among its recipients. For this purpose, a bibliographic review of the notion of democracy, fundamental rights and principles applicable to the species was undertaken, in comparison with the objectives of social security and with the legislation that governs the matter. In the end, it was possible to conclude that in Brazil social security has already reached a reasonable level of isonomic treatment for its beneficiaries, but that there are still some situations of unequal treatment in the law.

Sixth notes on anti-money laundering legislation in Portugal-EU: comments, virtual, digital and/or cryptocurrency assets and sanctions regime in a fifth approach and conclusions

Gonçalo S. de Melo Bandeira — Sat, 21 Dec 2024 00:00:00 -0300

This legal-scientific article aims to explore and update the analysis of the crime of money laundering, specifically the laundering of advantages such as capital, with a focus on the legislation applicable in Portugal and the European Union. In this fifth approach, the discussion centres on the sanctioning regime related to the prevention of money laundering, emphasising the importance of anti-corruption education, an area that has been frequently neglected in Portugal and the EU, as well as in other countries. A recent publication in Portugal highlights the need to integrate anti-corruption training into the curricula at all educational levels, with particular emphasis on universities and polytechnics. This delay in implementing appropriate training is criticised, as our research has been drawing attention to this gap since 1998. The article also critiques the uncontrolled growth of European legislation, arguing that the tendency to legislate on every aspect of life results in excessive regulation and unnecessary bureaucracy. Rather than improving the effectiveness of laws, this legislative expansion has led to additional complications. In the context of a democratic society, it is crucial to maintain confidence in the lawful origin of certain actions, as established by the European Convention on Human Rights of 1951 and the Universal Declaration of Human Rights of 1948. These principles are essential for defining a democratic, social, free, and true State governed by the rule of law. Portuguese legislation on money laundering, which was recently updated in January 2024, reflects this commitment by protecting a complex legal good. The article follows a comparative research methodology, based on previous studies, addressing relevant legal, doctrinal, and jurisprudential aspects in both Portugal and across the European Union, which currently consists of 27 countries. In this publication, special importance will be given to virtual or digital assets, virtual asset service providers, and/or cryptocurrencies. This is an area rife with significant fraud and money laundering activities, such as the laundering of capital or money.

The Supreme Federal Court and maternity leave for mother who did not become pregnant in homoaffective union. An apparent advance in the midst of a regression of social rights in Brazil

Augusto Grieco Sant’Anna Meirinho — Sat, 21 Dec 2024 00:00:00 -0300

The concept of family has changed with new affective groupings. The Federal Constitution of 1988 gave special protection to common-law marriage between a man and a woman as a family entity and jurisprudence began to understand other forms of affective association as a family entity, with the Federal Supreme Court equating homoaffective relations with the family. The objective of the study is to discuss the decision of the STF in Extraordinary Appeal No. 1,211,446 and the thesis formed with general repercussion on topic 1072, dealing with the possibility of granting maternity leave to non-pregnant mothers, in a homoaffective union, whose partner became pregnant after an artificial insemination procedure. The method used to develop the work was descriptive, based on bibliographical research and jurisprudential analysis. The assumed premise is that administrative decisions centered on strict legality, especially when specific rules of protection are absent, in similar cases of social protection to that of RE No. 1,211,446, conflict with the values of human dignity and work, especially when involve the rights of vulnerable people protected by express constitutional principles. The method used to develop the work was deductive, with bibliographical and documentary research as methodological procedures, associated with the selected case study. The research questions whether the thesis adopted by the STF fulfills the role of protecting the fundamental rights of children in homoaffective union nucleus, from the perspective of maternity leave and social security benefits. The hypothesis is the protective insufficiency of the thesis formed in the system of general repercussion in the context of RE No. 1,211,446 with the Court's self-restraint by limiting itself to the objective of the extraordinary appeal.

The theme 1.042 of Brazilian Supreme Federal Court (STF) and the possibility of linking customs clearance to the collection of tax difference

Flávio Couto Bernardes, Joao Paulo Kalil Toledo — Sat, 21 Dec 2024 00:00:00 -0300

This paper examines the Brazilian Supreme Court's rulings on indirect tax collection, known as political sanction by employing hypothetico-deductive method and theoretical research. It highlights Supreme Federal Court's Summaries No. 70, 547, and 323, especially in relation to Theme 1.042. This study scrutinizes the Supreme Court's new thesis (Theme 1.042), which allows linking customs clearance to the collection of tax differences. Using bibliographic and documentary research, the study concludes that The Court's decision, particularly in under-invoicing cases, appears to blur the lines between Customs Law and Tax Law, raising concerns about legal certainty for importers and the potential revocation of previous Summaries that limited political sanctions, paving the way for unrestricted tax credit collection.

Searching of the lost agrarian tribunal. A not liquidated debt

Rolando Pavó Acosta — Sat, 21 Dec 2024 00:00:00 -0300

The present work is framed in the Agrarian Procedural Law. The installation and consolidation of an agrarian special jurisdiction in several countries of the area, constitutes one of the achievements of the Agrarian Law in Latin American area. The work intended as objective to demonstrate the necessity of the creation of an agrarian special jurisdiction in Cuba and to such effects to rescue the proposal contained in the Article 54 of the Law of Agrarian Reformation of 1959 of creating earth tribunals. The hypothesis affirms that diverse social, economic, political and juridical reasons exist that argue the necessity to recapture the proposal emanated in the referred article of this Law. As methods the analysis and the synthesis, the comparative juridical study and the analysis juridical exegetic of the norms have been used, starting from that which offers a systematic exposition of the group of economic, political, social and juridical reasons that base the necessity and feasibility of the installation of agrarian jurisdictional organs in Cuba, being insisted in the imperative of the rescue of the promise assumed well in the Law of Agrarian Reformation of 1959, in their variant of agrarian judges or agrarian specialized courts or of agrarian tribunals.

The Covid-19 pandemic as a global natural disaster and the kaleidoscope of international legal strategies

Raquel Torres Gontijo, Deilton Ribeiro Brasil , Elena E. Gulyaeva — Sat, 21 Dec 2024 00:00:00 -0300

The paper aims to examine the pandemic caused by Covid-19 as a global natural disaster under the framework of the International laws focusing its worldwide concern. The research seeks to answer the following problem question: can the Covid-19 pandemic be classified as a global natural disaster? If it is positive, the regulatory standards of international law could be applied due to the humanitarian emergency? The method used was the deductive for the construction of theoretical debate related to dogmatic concepts related to the issue. Regarding the results, the research makes a general conclusion about the possibility of considering the Covid-19 pandemic as a global natural disaster due to its potential impacts under International regulatory laws as a plausible alternative in the quest for an effective solution.

Migration law in a compared perspective between Brazil and Spain: between migration policies protecting the human rights of migrants and refugees and the criminalization of contemporary migration

Luciano de Oliveira Souza Tourinho, Ana Paula da Silva Sotero — Sat, 21 Dec 2024 00:00:00 -0300

The protection of human rights for migrants and refugees has been one of the main challenges of the 21st century, since, despite the international migration legislation, which determines cooperation between nations for the humanitarian reception of all peoples, There is, in reality, resistance to receiving subjects who are in forced displacement. In this regard, the study aims to analyze, from a comparative perspective, the interrelationship between criminal policies and migration policies adopted in Spain and Brazil, with the aim of demonstrating that discriminatory practices against migrant and refugee people are based on criminal treatment of irregular migrations, in the criminalization process of forced displacements. The research problem focuses on verifying the proximity of migration policies and criminal policies in the contemporary reality of Brazil and Spain. The methodology is qualitative. The methods were deductive and comparative, with methodological procedures of bibliographic and documentary analysis, to compare Spain and Brazil, supported by the analysis of criminal policies and migration policies that give rise to the process of criminalization of migration. The research hypothesis is that migration policies were tightened with factual crimmigration in Spain, with the adoption of art. 318 bis in the Spanish Penal Code. In Brazil, crimmigration is symbolic, classifying migrants as enemies. From the studies, it was possible to observe that discriminatory practices are covered in discourses of disqualification and criminalization of the figure of migrants and refugees.

Female single-parent family: a public policy issue

Marina Couto Giordano, Alexandre Ventin de Carvalho, Katia Maria Belisário — Sat, 21 Dec 2024 00:00:00 -0300

The traditional family unit consisting of a father, mother, and children no longer prevails in society as it did decades ago, giving way to other family structures such as the single-parent family, where only one person takes on the parenting role. This article aims to analyze the conditions for implementing public policies aimed at preventing or mitigating the impact of gender inequality in single-parent families led by women. The question guiding the research is what public policies can be effective in mitigating discrimination and unequal treatment given to female single-parent families. The starting point was a theoretical review of Brazilian single-parent families, the causes and impacts of gender inequalities, and public policies. The methodological process includes the SWOT matrix analysis (an acronym in English for the words strengths, weaknesses, opportunities, threats) for diagnosing barriers to the implementation of suggested public policies. The hypothesis is that some social barriers make it difficult to implement public policies for single-parent families. The results show social barriers such as: lower income attainment; limited access to basic goods and services for members of single-parent families due to their low income; uncertain insertion into the job market; no proper family assistance; intensification of women’s double workload; school dropout; physical and psychological illness. Public policies are suggested based on the study.

Sustainable world: the role of social actors

Sat, 21 Dec 2024 00:00:00 -0300

The objective of the research is to reflect on how the actions of social actors, especially countries, companies and unions, have the ability to act in a sustainable way, as well as generate positive impacts on society, promoting global well-being, preserving the planet for generations future, contributing to global progress and respect for the dignity of the human person, in all its nuances. The justification and relevance of the topic lies in the global scenario of environmental degradation and disrespect for the human person as a holder of rights. Through the use of the exploratory method, based on bibliographical research and the current legal system, the research results highlighted the need for these social actors to come together, to act in a coordinated and joint manner, as only then will it be possible to implement the effectively sustainable world and guarantees the preservation of the human species.

Urban environment: challenges for the implementation of public policies aimed at environmental sustainability

Sat, 21 Dec 2024 00:00:00 -0300

The Environmental Rule of Law is based on the so-called rights of access to information, public participation and justice. The object of this study was the fundamental right to a clean, healthy and sustainable environment and the premises for the construction and implementation of public policies that promote environmental sustainability, reflecting on environmentally smart cities. The general objective was to analyze the structuring principles of Environmental Law provided for in the Rio Declaration of 1992, in the 2030 Agenda, in the Brazilian Constitution and in Law No. 10,257 of 2001 (Statute of the City), seeking to understand and point out the bases for the elaboration of public policies concerning environmentally sustainable cities in the contemporary Democratic State of Law, and had as its specific objective to examine the duty of the Government to promote urban planning in accordance with the principle of the social function of cities and environmental sustainability to promote smart cities. The article adopted a hypothetical-deductive methodology analyses of bibliographic and analytical research. As result, it was found that the diffuse and fundamental right to a healthy environment finds support in International Environmental Law through soft law, with emphasis on the Stockholm Declaration of 1972 and UN General Assembly Resolution No. 76 of July 28, 2022, as well as in the Brazilian Constitution of 1988, thus, Environmental safety will have to be taken into account in the formulation of urban public policies in order to achieve the sustainability of cities.

Obstacles to the effectiveness of the right to privacy and data protection in the era of big data and artificial intelligence

Mariana Ruzzi, Patrícia Borba Marchetto — Sat, 21 Dec 2024 00:00:00 -0300

Human beings have sought to unravel the future in the present through technological development and it is no wonder that we have heard a lot about artificial intelligence and big data. The scope of this article is to analyze the "new rights" that arise with new technologies. The main objective is to identify new obstacles to the effectiveness of fundamental human rights – especially related to privacy and data protection – and to the ideal of justice. The methodology used to prepare the article was the deductive method and the research technique was bibliographical and jurisprudential analysis. In the end, it was possible to identify as a result some obstacles to the effectiveness of fundamental human rights, such as legislative interpretation by the judiciary, discrimination based on historical data used in artificial intelligence systems, among others. As a contribution, it was possible to verify that the application and interpretation of the law is closely linked to the effectiveness of fundamental rights and what we mean by justice.

Payment for environmental services to recyclable material collectors: a brazilian experience in construction

Regina Vera Villas Bôas, Paulo Alvarenga, Alexandre Dias Maciel — Sat, 21 Dec 2024 00:00:00 -0300

Objective: To demonstrate that Payment for Environmental Services (PSA) is a type of economic instrument that uses positive sanctions, as an encouragement technique, to challenge the practice of public environmental policies, aimed at preserving ecosystems in favor of collectors of recyclable materials. Hypothesis: The work carried out by collectors can be the object of this economic instrument. Methodology: Based on the deductive method, this study uses bibliographic and documentary research, visiting classic and contemporary works, in addition to relevant legislation – notably Law No. 14.119/21, which established the National Policy for Payments for Environmental Services (PSA) and the “Bolsa Reciclagem” Program” from the State of Minas Gerais (MG). Results: Despite the national experience related to the matter, in various areas, it is problematized that, to date, there are few Payment Programs for Environmental Services (PSA) offered to collectors. Contributions: The work carried out by collectors of recyclable materials can be encouraged and rewarded by the Payment for Environmental Services (PSA), without prejudice to the remuneration to which they are entitled for providing the public service of selective collection, as these tasks are justified in different ways.

The role of the Manaus Free Zone in environmental responsibility and sustainable development

Sat, 21 Dec 2024 00:00:00 -0300

The Manaus Free Trade Zone (ZFM) has been the subject of many discussions about its understanding and the benefits brought by its implementation. Hypothesis: Much of the criticism leveled at the economic model pervades the alleged difficulty of other states in competing with the desired tax incentives for the Industrial Pole of Manaus (PIM), as well as concerns whether such incentives would induce the formation of bases for the development of the region and whether the model really promotes the reduction of socioeconomic inequality, as well as the reduction of environmental deforestation on a considerable scale. This research aims to investigate such questions, including those that guide environmental protection and its relationship with the implementation of the PIM. Methodology: For the development of this article, the hypothetical-deductive method was used through legal interpretation, exploratory, descriptive and explanatory research under the tools of bibliographical, documental and data analysis research. Results achieved and final considerations: the positive influence of the ZFM model was verified not only for the environment but also a positive influence in the socioeconomic scope with impacts that go beyond the regional harvest, making it necessary to ensure the maintenance and improvement of the current model, otherwise, the undoing of the model will bring incalculable negative consequences such as: population evasion, unemployment, a relevant drop in income in the region, reduction in tax collection for all federal levels, in addition to the potential impact of a worsening in education and deforestation of the forest.

Promoting ethics, integrity, compliance, and ESG in education: successful partnerships with the private sector

Ligia Maura Costa, Luciana Stocco Betiol — Sat, 21 Dec 2024 00:00:00 -0300

This article presents a successful academic experience at Fundação Getulio Vargas (FGV). This experience highlights the issue regarding the need for innovative approaches to promote the integration of ethics, integrity, compliance and ESG (Environment, Social, and Governance) concepts in academic education. The underlying research hypothesis suggests that student´s immersion in real non-compliance challenges, through partnerships with companies from various sectors, can result in high levels of engagement and practical application of theoretical knowledge. The method used is hypothetical-deductive, based on the premise that inter-course cooperation, coupled with a student-centered approach, can enhance learning and contribute to a more comprehensive and applicable academic education. Over five years, approximately two hundred and fifty students from business administration, public administration, and law courses at FGV have been involved in this initiative. The immersion takes place over a week in a partner company, selected from various businesses sectors such as infrastructure, agribusiness, engineering and construction, financial markets, pharmaceutical industry, and diagnostic medicine. Students face real non-compliance challenges, presenting solutions at the end of the week. This approach transcends various aspects, including ethical, legal, organizational, behavioral, business model, and supplier management considerations. The results highlight the high engagement of students, the innovative inter-course approach, the practical application of theoretical knowledge in real non-compliance challenges across different sectors, ultimately contributing to a more enriched academic education focused on practical-theoretical application.

Social protection for refugees and foreigners: whom does the State protect?

Miguel Horvath Júnior, Luciano Lavor Terto Junior — Sat, 21 Dec 2024 00:00:00 -0300

This article seeks to investigate the social protection of refugees and foreigners as an obligation of national states, based on the debate between university and the selection of insured people in social security systems. The initial hypothesis is that it is impossible to exclude or discriminate against refugees and foreigners when it comes to social security benefits. In this sense, the study aims to debate the "polycrisis" faced worldwide, offering ways of making social security effective and confronting the Xenophobic Discourse, investigating whether it is possible to promote rights of this nature to those who have not necessarily contributed, directly or indirectly, to funding the system. In order to do so, and seeking to innovate, the work uses the research methodology proposed by Michael Foucault in "The Order of Discourse", with the aim of overcoming the Xenophobic Discourse of Law, and then debating solutions. The research was qualitative and bibliographical. The results confirmed the hypothesis, pointing to the harmonization of social security legislation through a complex and structured international, community and national system as the way out of the polycrisis.

Human-centered digital transformation: redefining the digital public space

Vinícius Almada Mozetic — Sat, 21 Dec 2024 00:00:00 -0300

This article investigates the role of human-centered digital transformation in fundamentally influencing the digital public space, directing it towards greater inclusivity, accessibility, and democracy. It questions how the implementation of human-centered digital transformation can be effectively carried out to enhance the digital space, enabling the discussion of ideas, expression of opinions, and social participation. Utilizing deductive and monographic methods for in-depth analysis, it is hypothesized that ethical principles, inclusive design practices, and policies prioritizing human well-being can create a more inclusive and representative digital public space. The results suggest that human-centered digital transformation not only benefits individuals and communities by promoting inclusivity and participation but also strengthens the democratic fabric of digital society by directing technological innovations to meet essential human needs and reinforce democratic values.

The selectivity of the public sphere and subaltern public spheres: perspectives of Habermas and Nancy Fraser and their impact on human rights public policies

Edna Raquel Hogemann — Sat, 21 Dec 2024 00:00:00 -0300

This study examines the selectivity of public and subaltern spheres through the theories of Jürgen Habermas and Nancy Fraser, focusing on their implications for human rights policies. The objectives are defined to analyze Habermas's and Fraser’s conceptualizations of public and subaltern spheres; to identify how these perspectives influence human rights policy formulation and implementation and to explore the challenges and opportunities these theories present for marginalized voices. The study's central issue is understanding the impact of public sphere selectivity on policy inclusivity and effectiveness, hypothesizing that Habermas's and Fraser’s models, though insightful, differ in their implications for integrating subaltern voices. Using a qualitative methodology, the study conducts a literature review and critical analysis of Habermas’s and Fraser's works. It involves reviewing key texts and secondary sources, comparing theoretical frameworks, and examining case studies of human rights policies. The findings show that while both theories offer valuable insights, Fraser’s emphasis on subaltern counterpublics better addresses the need for inclusive policy-making by incorporating marginalized voices.

The voluntary guardian of the unaccompanied foreign minor. A role model for member states

Salvatore Loria, Francisco Javier Durán Ruiz — Sat, 21 Dec 2024 00:00:00 -0300

The aim of this article is the analysis of the innovative legal figure of the voluntary guardian and its relevance in the protection of unaccompanied foreign minors in whose regulation the Italian Law n. 47/2017 has been a pioneer in the European Union. Our hypothesis is that the figure of the voluntary guardian, by acting as legal representative and spokesperson for the interests of unaccompanied alien children (UC) who are in Italy, is ideal to increase the possibilities of regularization and social integration of these minors, as well after reaching the age of majority, although the figure of the voluntary guardian has aspects that could be improved. To test this hypothesis, we have used a methodology to analyze the regulation of the guardianship of minors in the EU and in Italian legislation, as well as the fit in this regulation of the figure of the voluntary guardian of Law 47/2017, also considering the jurisprudence and the role of other public institutions involved in its implementation. The results show that voluntary guardian it is a very positive experience that could be exported to Spain and other European countries, which contributes to social insertion. We conclude that voluntary guardian it is an effective guarantee for the protection of minors, their rights and their regular status also upon reaching the age of majority, but that it could be improved with the participation of other agents involved in the minor protection system, surpassing among others, the limits imposed by the law itself in budgetary terms.

Evaluation of psychotherapy in adolescent survivors of sexual abuse: a systematic review

Bruna Ribeiro Cavalcante, Maria Cristina Antunes, Carlos Aznar Blefari — Sat, 21 Dec 2024 00:00:00 -0300

The aim of this study was to evaluate evidence of effectiveness available in the literature regarding psychological interventions for adolescent survivors of childhood sexual abuse. To this end, a systematic review of literature published between 2018 and 2024 was conducted, using databases such as Science Direct, Sage Journals, PsycNet, Pubmed, Scielo, Pepsic, Lilacs, Periódicos Capes, and EBSCO. The following inclusion criteria were adopted: 1) studies whose subjects were individuals between 11 and 19 years old; 2) studies that examined the outcome of interventions on clients' mental health; 3) having an experimental or quasi-experimental design. Among 6006 studies identified, six studies were included in this review. The results showed diversity in the treatment approaches used; however, all demonstrated effectiveness in reducing symptoms during psychological intervention, maintaining this improvement even after treatment completion. It is suggested that in future studies, aspects such as the instruments used, time between assessments, and evaluated symptoms be meticulously detailed to address any observed inconsistencies in comparisons. Psychology has much to contribute to the development of specific effective treatments through evidence-based interventions for survivors of sexual abuse, given their specificities, while also assisting in the development of public health policies that can be applied to improve the quality of life of this population.