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Impact of operation maximum penalty: punishments for players for match-fixing in sports betting
This descriptive and observational study, based on documentary analysis, aimed to investigate the sanctions applied by the Superior Court of Sports Justice (STJD) and the Public Prosecutor's Office of the State of Goiás (MP-GO) to players involved in match-fixing associated with online sports betting. Punishments applied to 22 athletes were identified, including five permanent bans, seven suspensions for 360 days, four for 600 days, five for 720 days and one player released upon payment of a fine. The fines applied ranged from R$5,000.00 to R$100,000.00. The results show that Operation Maximum Penalty represents a significant milestone in the fight against sports corruption in Brazil, consolidating relevant institutional advances in confronting illicit practices in sports betting.
Copyright (c) 2025 Academia de Direito https://creativecommons.org/licenses/by-nd/4.0
The principle of environmental protection in the tax system
This study analyzes the principle of environmental protection within the tax system, highlighting its relevance in promoting sustainability. The objective is to examine how tax instruments can be used to encourage environmentally responsible practices and discourage harmful environmental behaviors. The methodology used is based on bibliographic research, analysis of judicial decisions by the STF, and legislative analysis. The results indicate that environmental taxation can serve as an effective mechanism to induce sustainable behavior through tax incentives and the internalization of environmental costs. It is concluded that the proper application of this principle within the legal framework contributes to environmental preservation and sustainable development, reinforcing the need for fiscal policies aligned with contemporary environmental challenges.
Voices of the earth: the Aymara cosmovision and the sustainable future of the 2030 agenda
The United Nations - UN 2030 Agenda is a global action plan aimed at promoting sustainable development, focusing on people, the planet and prosperity. With the accession of all UN Member States, 17 Sustainable Development Goals (SDGs) were established. The discussion about the concept of sustainable development, especially in Latin America, has been intense, involving different theories and practices. Initially influenced by US foreign policy, the concept evolved with theoretical contributions, such as dependency theory, which criticizes structural inequalities between center and periphery in the global economy. The general objective of this work is to analyze how sustainable development can be aligned with the preservation of material cultural heritage, identifying strategies and policies that promote a balance between economic growth and cultural conservation. The dialectical method is used for this research, due to the complexity and interconnection between the cultural practices of the Aymaras, the Sustainable Development Goals (SDGs) of the UN 2030 Agenda and the principles of environmental law. As results and discussion, it is inferred that the principles of sustainable development include the integration of economic, social and environmental dimensions, intergenerational equity, public participation, transparency, resilience, responsible use of natural resources, and promotion of innovation. It is concluded that the Aymara worldview, with its emphasis on the interconnection between human beings, nature and spirituality, and the values of "suma qamaña" (good living), exemplifies a holistic and community approach to sustainable development, highlighting the importance of community participation and respect for traditional knowledge.
Copyright (c) 2024 Academia de Direito https://creativecommons.org/licenses/by-nd/4.0
Legal and operational challenges in implementing Law n. 14.811/24: a study on cyberbullying protection in Brazil
The present article investigates the challenges in the implementation of Law 14.811/24, aimed at combating cyberbullying in Brazil. The research identifies three main challenges: the insufficiency of infrastructure and resources in responsible institutions, the need for adequate training for teachers and educational teams, and the inherent legal complexities in defining and distinguishing between cyberbullying and freedom of expression. The analysis also covers legal and social implications, highlighting the need to balance the protection of victims with individual rights. It emphasizes the importance of preventive and protective measures, especially for vulnerable groups such as children, adolescents, people with disabilities, and ethnic minorities. The methodological approach includes a review of specialized literature and an analysis of educational campaigns, with a focus on initiatives by the Brazilian Association of Psychiatry and the Federal Council of Medicine. It concludes that, for the law to be effective, a joint effort involving integrated public policies, inclusive educational programs, and social awareness actions is necessary, aiming to create a safe and inclusive digital environment.
The role of fashion as traditional attire and intellectual property in the preservation of cultural heritage
This article aims to discuss how fashion, through traditional costumes, and intellectual property laws can be used to preserve cultural heritage. By investigating the intersection between fashion and intellectual property rights, this study seeks to explain how these spheres can contribute to the safeguarding and valorization of intangible cultural resources. The overall objective is to analyze how fashion and intellectual property mechanisms can contribute to the preservation and valorization of cultural heritage. Therefore, the specific objectives seek to conceptualize what fashion, cultural heritage, and intellectual property are; to examine the legal mechanisms of intellectual property and cultural heritage protection available for the protection of cultural elements and, consequently, to identify examples of initiatives in fashion that aim to preserve and valorize cultural heritage, both successes and failures, to understand the determining factors in each situation. The methodology used in this study is deductive, with a qualitative, analytical, and bibliographic approach.
Credit card cloning from the perspective of the General Data Protection Law
Technological advancement has transformed payment methods, replacing cash with credit cards and facilitating online transactions. However, this evolution has also brought challenges, such as vulnerability to fraud, hacking, and cloning, raising concerns about the security of personal and banking data. In this scenario, financial institutions have become targets of lawsuits from consumers harmed by cybercrimes. The implementation of the General Data Protection Law (GDPL) is essential to ensure the privacy of data subjects, requiring operators to adopt stringent security measures. This work aims to demonstrate that the application of the GDPL can prevent data breaches and fraud, promoting a safer digital environment for consumers.
The civil and criminal liability of doxxing
This article aims to investigate the dimensions of civil and criminal liability related to doxxing, understanding its legal and social ramifications. Specific objectives include analyzing the legal foundations of civil liability for doxxing, evaluating the criminal implications of this practice under Brazilian legislation, identifying the main psychosocial impacts on victims, and identifying preventive measures and legal strategies to mitigate doxxing. Methodologically, the research is classified as deductive, descriptive, and bibliographic. It is concluded that doxxing violates privacy and has serious consequences for victims, requiring a multidisciplinary approach to prevention and combating. Despite the scarcity of studies, there is an urgency for doctrinal, jurisprudential, and legislative debates to address this problem, ensuring the protection of fundamental rights in the digital environment. The absence of clear guidelines can weaken mechanisms for preventing and combating digital abuse, exposing users to increasing risks of privacy violations and emotional harm. Therefore, it is essential to promote interdisciplinary dialogue to develop appropriate policies and strategies to protect online citizens.
Violence against women in the domestic environment and the importance of welcome to the victim
Domestic violence is a complex and significant social problem that affects millions of people globally, especially women. This type of violence includes physical, psychological, sexual, economic and emotional abusive behaviors, occurring predominantly in intimate and family relationships. According to the World Health Organization (WHO), it is any behavior in an intimate relationship that causes physical, psychological or sexual harm to the victim. Domestic violence does not discriminate and can affect people of all ages, races, social classes and genders, with women and children being the most frequent victims. Impacts include immediate physical harm, such as injuries, and long-lasting psychological consequences, such as depression and post-traumatic stress disorder (PTSD), as well as economic and social problems, resulting in social isolation, job loss and financial dependence. The general objective of this research is to explore the different forms of domestic violence, their causes and impacts, and to emphasize the importance of welcoming victims as a crucial strategy for their recovery and empowerment. It was found that domestic violence is a serious violation of human rights and a public health issue that demands urgent and multifaceted attention. This study highlights the complexity of domestic violence, its various forms and the profound impacts on victims, emphasizing the importance of integrated care as a vital strategy for their recovery and empowerment. The Lilac Rooms represent a significant advance in humanized care, offering a safe environment for victims. The creation of these rooms reflects the government's commitment to gender equality and the protection of women's rights. To combat domestic violence, it is crucial to invest in robust public policies, continuous training of professionals, awareness campaigns and improve the dissemination and accessibility of care services. Creating a robust support network can help break the cycle of violence and offer victims the opportunity to rebuild their lives with dignity and safety
The importance of technical training of mediators in pre-procedure mediation in individual disputes in labor courts
The present work aims to analyze the importance of specialized technical training for mediators who work in pre-procedural mediation in individual labor disputes. Furthermore, as of 2020, the Labor Court began to act in pre-procedural mediation of individual conflicts. This research seeks to analyze mediation as a whole, placing emphasis on pre-procedural mediation in individual labor disputes and its guiding principles, in addition to addressing the characteristics of a mediator, providing support and welcoming between the parties, making them understand and understand the reality of the conflict. Finally, an analysis is made of efficient training for mediators who work in pre-procedural conflicts in individual labor disputes, considering that the need for efficient training requires an active listening capacity and the valorization of dialogue, thus reducing the number of judicial disputes, improving the quality and efficiency of judicial provision and increasing the efficiency of the judicial system. From the deductive approach method, using bibliographic and documentary research techniques, it was found that pre-procedural Mediation, carried out by the Labor Court, is an appropriate method for the treatment of individual labor conflicts, in addition to a Technical training of mediators can contribute to achieving a more inclusive justice system capable of promoting lasting and equitable solutions, in addition to facilitating and reducing labor lawsuits.
Effects of non-observance of the chain of custody from the perspective of the Superior Court of Justice (STJ)
The preservation of the chain of custody is essential for the proper functioning of criminal proceedings, with the aim of ensuring the integrity and authenticity of the evidence presented, from the collection to the presentation to trial. The purpose of this article is to examine how the Supreme Court of Justice (STJ) defines the consequences of breaking this chain in the face of legislative omission regarding the effects caused by non-compliance with this procedure. The Law n. 13.964/19 introduced the chain of custody in the legal system, which is about procedures that ensure the traceability of evidence. When these procedures are not observed, the validity of the evidence may be compromised. Analysing the jurisprudence of the STJ, it is inferred that the Court assesses each case individually to determine the nullity or validity of the evidence on the basis of compliance with the chain of custody. Recently, the STJ considered evidence inadmissible if the chain of custody documentation was inadequate, but acknowledged that non-compliance, by itself, does not automatically invalidate a conviction if there are other sufficient evidence of the crime. It is therefore concluded that the chain of custody is essential for a fair and efficient criminal justice system, but measures are still needed to fill legislative gaps on the subject, with a view to the smooth progress of criminal proceedings.
Facial recognition technology and its use as evidence in criminal proceedings
The present article addresses the integration of facial recognition technology in public surveillance for social control by security forces, especially its compatibility as evidence within the criminal process. It questions whether evidence produced through facial recognition technology can be considered lawful for use in criminal proceedings, given the absence of specific regulation. The study aims to define facial recognition, analyze how this technology has been employed by public security forces, and identify whether facial recognition is compatible with evidence production in criminal proceedings. Through an exploratory approach, the article suggests facial recognition as a form of digital evidence. It concludes that, under certain conditions, facial recognition technology aligns with legal standards and can serve as a valid means to establish identity in criminal processes.
Special testimony: important instrument for proving child sexual violence when there is family omission
The within the family child and teenage sexual violence refers to a violation of the rights guaranteed to Brazilian children and teenagers, which occurs precisely within the family environment, where they should be protected and kept safe. In this context, the omission of those responsible or attempts to cover up the abuses make the discovery and proof of the crime even more challenging and time-consuming. Therefore, this research aims to present the child as a subject of rights based on Brazilian legislation focused on the protection of children and teenagers; define the concepts of sexual violence in general and within the family, demonstrating reports and underreporting; and highlight the importance of the Special Testimony, presenting it as a procedural tool and proving its capacity to be used as evidence in cases of sexual abuse. For this purpose a methodology of logical-deductive approach is used, starting from the premise that special testimony is a tool capable of proving the existence of sexual crime in which the victim is a child or teenager who the guardians fail in their duty to protect. The bibliographic review is based on books, articles, case law, norms of the Brazilian legal system, and international treaties. From this study, it is concluded that the Special Testimony is an important ally in cases where there is no material evidence and should also be used as an instrument to give voice to victims of sexual violence.
Inverse piercing of the corporate veil: a legal analysis
This paper analyzes the disregard of legal entity in Brazilian law, with an emphasis on reverse disregard, which aims to protect creditors when the legal entity is used to conceal personal assets of partners and administrators. The research seeks to examine the theoretical and legal foundations that justify the application of this measure, as well as identify the most common hypotheses of its use, such as deviation of purpose and asset commingling. The objective of the study is to discuss how Brazilian legislation and case law have addressed the disregard of the legal entity, in addition to presenting a critical analysis of the company's social function in relation to creditor protection. The methodology used was a bibliographic review and case law analysis, based on the norms of the Civil Code and the Code of Civil Procedure. The research concludes that, although it is an exceptional measure, the disregard, when applied judiciously, ensures justice and balance in business relations by preventing abuse and fraud. Reverse disregard proves to be an essential tool to curb the improper use of the legal entity and ensure that the partners' obligations are effectively fulfilled. Thus, the study contributes to a clearer understanding of this important legal mechanism.
The possibility of change custody as prevention of parental alienation
This article seeks to analyze the institute of shared custody as a way of preventing the practice of parental alienation by one of the parents, given the various behaviors that one of the parents can cause with the purpose of harming the other's relationship with the child and trying to disqualify them. it, minimizing the chances of healthy growth. Thus, the purpose of this research is to question whether it is possible to prevent the practice of parental alienation perpetuated by parents when the child is under shared custody. The general objective is to address shared custody and the consequent protection against parental alienation provided for in Law no. 12,318/2010. The specific objectives will analyze the importance of the institution of custody in Brazilian family law as a way of protecting children; study the principles of child and adolescent protection, and address the Parental Alienation Law, its purpose and how it is applied in Brazilian courts. The methodology is deductive, qualitative, starting from a general premise to reach a conclusion on a specific topic, through analysis of literary works, scientific articles and papers from the last 10 (ten) years, as well as the Federal Constitution of 1988, the Civil Code and jurisprudential decisions. It is concluded that the practice of parental alienation is extremely harmful to children and adolescents, generating trauma that can be carried throughout childhood and adulthood. Shared custody is the best way to inhibit the conduct of parental alienation, since both parents start to participate in the children's lives together, make decisions together, and the children have the opportunity to live with both, without being deprived contact with the parent who does not have a permanent home; a case that would be more difficult to observe in the event of unilateral custody.
The fundamental right to education and the responsability of parents or responsible regarding intellectual abandonment in early childhood and elementary education level 1
Fundamental Rights, such as health, education, food, work, housing, transportation, leisure, security, among others, are based on the Dignity of the Human Person and seek the protection of citizens, where the State has the duty to guarantee them to the population. Thus, this article has as its main theme the Fundamental Right to education, delimited with regard to the responsibility of parents or guardians in the event of intellectual abandonment in early childhood and elementary education level 1. Thus, the study has as its General Objective To present a discussion on the Fundamental Right to education and the responsibility of parents or guardians regarding intellectual abandonment in Early Childhood Education and Elementary Education Level I”. The Specific Objectives are: to discuss Fundamental Rights and education in the Constitutions of Brazil; to present the Fundamental Right to education and the responsibility of parents or guardians in this aspect; to define intellectual abandonment and to list the responsibilities of the school and the Public Prosecutor's Office in this matter. It also raises the following issue: What are the effects of intellectual abandonment of children in early childhood education and Elementary Education Level I, by parents or guardians, and the role of the Public Prosecutor's Office within this perspective? Regarding the methodological aspects, the methodology deductive, of qualitative, descriptive and bibliographic research is used, completing a review of the literature on the subject under analysis. It is concluded that the State has the obligation to guarantee all children and adolescents the Fundamental Right to education and this obligation is configured in the Federal Constitution of 1988 and in other legal instruments, and parents or guardians can be penalized if they commit intellectual abandonment, where the school and the Public Prosecutor's Office must also ensure that this type of abandonment does not occur in society.
Cultural heritage aligned with the Sustainable Development Goals (SDGs) of the UN 2030 Agenda
This article explores the contribution of cultural heritage to sustainable development, highlighting its relevance in promoting local identity and in fulfilling the Sustainable Development Goals (SDGs) of the United Nations' 2030 Agenda. The research aims to investigate how cultural heritage can act as a catalyst for sustainable development aligned with the SDGs. The general objective is to analyze cultural heritage as a driving element of sustainable development, aligned with the SDGs of the UN 2030 Agenda. The main objectives include the analysis of cultural heritage as a driver of sustainable development, the presentation of key theoretical concepts, and the review of relevant national and international legislation. Using a qualitative methodology with a bibliographic and descriptive approach, the study seeks to verify the effectiveness of cultural heritage in promoting sustainable development. The study concluded that legislation plays an important role in enhancing the integration of cultural heritage with sustainable development goals.
Preservation of the cultural material heritage focused on the state of Paraná
This article takes a new look at cultural heritage, noting that in certain places, what is of greatest value is something of an intangible nature, that is, the ways of acting, knowing and creating, in a given space. Furthermore, Other aspects of the identify and material memory of a given local, regional or national community are verified. The study’s general objective is to analyze the preservation of cultural heritage and developmentin two scenarios in Paraná. This is a bibliographic study, based on the deductive method, within a qualitative procedure of na exploratory nature and in a second momento f documentar research using the inductive method. It also discusses examples of successful praticves for preserving cultural heritage in Paraná, as well as the challenges faced. The study also aims to offer recommendations to strenthen public policies, so that They promote sustainable development that values the State’s cultural heritage.
Reverse affective abandonment as a cause of disinheritance of the necessary heir
The present research has the general objective of analyzing the possibility of exclusion of the necessary heir, related to inverse emotional abandonment as a reason for disinheritance, focusing on voluntary omission and the responsibility and duty of care of children in relation to their parents, with the aim of demonstrate the possibility of including this basis in the specific list of inheritance law. To this end, the research on the institute of disinheritance will be addressed, its procedure and modalities, the protection of the elderly and the duty of care of children towards their parents associated with the principle of affection in family relationships and finally the study on emotional abandonment and the reverse affective abandonment and the demonstration of the possibility of including affective abandonment in the list of causes of disinheritance. The study carried out here was predominantly through the deductive method, through qualitative methodology, with the research material used being, for the most part, bibliographic, through the selection of literary works, scientific articles and legislative projects. It is concluded that the prediction regarding the list of causes of disinheritance is exhaustive, and the courts cannot interpret differently, in addition to the increase in cases of abandonment of elderly people. In view of this, it is observed that the best solution would be the inclusion of emotional abandonment as one of the causes of disinheritance, to guarantee the deceased his act of last will expressed in the will and exclusion of the heir.
Obstetric violence as a violation of women’s human rights
Obstetric violence is a complex problem that impacts women around the world during pregnancy, childbirth and postpartum, characterized by inadequate and disrespectful practices on the part of health professionals, such as unnecessary invasive procedures and discrimination. This issue is relevant as it violates women's human rights and can cause serious physical, emotional and psychological harm to both women and their babies. It is essential to investigate the causes, consequences and prevention methods of obstetric violence to ensure a safe and dignified motherhood experience. This study addresses obstetric violence as a violation of women's human rights in the context of childbirth, in light of international and national regulations, and has the specific objectives of analyzing its various forms, the consequences for mothers and babies, the relevant legislation and strategies existing prevention and combat systems, using a deductive approach.
The use of cameras on police uniforms and vehicles as a method of preventing police violence and lethality
Este artigo tem como finalidade analisar a importância da utilização de câmeras nos uniformes e viaturas policiais como forma de prevenção à violência e letalidade policial. Sua relevância decorre dos altos índices de letalidade e violência policial, que até alguns anos atrás não possuíam fiscalização e, atualmente, com a utilização de câmeras nas viaturas e fardas, pode auxiliar tanto para fiscalizar a atuação dos profissionais, quanto para auxiliar no exercício do trabalho. O objetivo geral é apresentar a importância da utilização de câmeras nos uniformes e viaturas para prevenir a violência e letalidade policial. Os objetivos específicos buscam: definir a instituição policial por meio da Constituição Federal de 1988; analisar a utilização de câmeras nas fardas e viaturas policiais, e; analisar decisões dos Tribunais e Projetos de Lei sobre a utilização das câmeras, bem como as taxas de violência e letalidade policial após a implantação das câmeras. A metodologia utilizada é qualitativa e o método de abordagem dedutivo, com foco em pesquisas bibliográficas sobre o tema, em obras literárias e artigos científicos, com preferência a pesquisas dos últimos 10 (dez) anos. Conclui-se que existem diversos benefícios na utilização das câmeras nos uniformes e viaturas policiais: utilização como prova no processo penal; diminuição da violência e letalidade por parte dos agentes policiais; além de assegurar a proteção de referidos funcionários públicos contra acusações de abuso de poder, verificando-se que a utilização de câmeras nos uniformes e viaturas policiais previne contra a violência e letalidade policial.
Criminal law in memory: analyzing criminal liability in crimes involving manipulation of history
The present article aims to study the behavior of global jurisprudence and the response of criminal law in cases involving historical manipulation, as well as the level of impact that such manipulation may have on future generations, altering the factual reality of world events. Thus, this research will present relevant national and international cases, followed by examples of rulings, and finally, will provide the necessary conclusions about the research. The study will bring, in great detail, the events researched, as well as the responses and the parameters we obtained to define the behavior of national and international courts.
Individual freedom and the right to healthcare: a legal analysis of mandatory vaccination for children in Brazil
This study assays the possible conflict between the individual freedom of citizens and the individual duty of those responsible to vaccinate children, under the incidence of the collective right to health.. The methodology used in this study involves reviewing current legislation, analyzing data on vaccination coverage and evaluating the main controversies related to the topic. The results achieved indicate that, although Brazilian legislation is robust in guaranteeing childhood vaccination, vaccine hesitancy persists as a significant obstacle. The analysis revealed that the ethical and legal implications of this obligation need to be continually discussed to balance individual rights and collective health.
Challenges of the Maria da Penha Law: analyzing the ineffectiveness of protective measures
This study address violence against women in the context of its historical origin, denomination, typologies, and causes. It also sought to highlight urgent protective measures and their ineffectiveness in relation to law enforcement. Violence against women was examined in a general context, listing everything from the origin of gender differentiation to advances in the perspective of rights inserted for the protection of women established by Law No. 11,340/2006. Law No. 14,550/2023 brought significant modifications to the Maria da Penha Law, with emphasis on strengthening urgent protective measures. This new law established that urgent protective measures must be granted more quickly and effectively, prioritizing the immediate protection of the victim. The law also expanded the concept of domestic and family violence, including new forms of aggression, such as psychological and patrimonial violence, and provides for harsher penalties for aggressors and more effective mechanisms to ensure compliance with protective measures. It indicates specific measures to protect women in vulnerable situations, such as the elderly, pregnant women, women with disabilities, and those living on the streets. In addition to Law No. 14,550/2023, other laws and court decisions have contributed to strengthening the Maria da Penha Law, such as the inclusion of psychological violence as a crime, the creation of mechanisms to monitor victims, and the expansion of the victim support network. It is essential that the changes to the Maria da Penha Law be widely publicized, especially in educational institutions, such as schools and universities. By informing about women's rights and the protection mechanisms available, we contribute to the prevention of domestic and family violence and to the construction of a more just and egalitarian society. In addition, the bibliographic research indicated the gaps in emergency protective measures and possible ways to try to reduce this problem.
Compliance and public administration: a necessary relationship for the Brazilian state
The article explores the importance of implementing compliance programs in the Brazilian public administration as a means of promoting integrity, transparency, and efficiency in public management. It addresses the concept of compliance, its origins in the United States, and its evolution in the fight against corruption and mismanagement. The legislation establishes strict sanctions for illicit practices and encourages the adoption of preventive mechanisms. In addition, the article discusses the impact of compliance on corporate governance and public administration, mentioning relevant cases such as Mensalão and Operação Lava Jato, which reinforced the need for greater control and oversight. The use of technology, data analysis, and reporting channels is presented as a promising path to ensuring greater transparency and detection of irregularities. However, challenges still remain, such as cultural resistance to change, lack of resources, and the need for training public servants. In order to develop the work, in relation to the methodological aspects, the research is based on a monographic procedure, with the general objective of reviewing the literature and technical productions, being based on the qualitative mapping of the researched material, in a hypothetical-deductive approach in the study of legislation, especially the anti-corruption laws (n. 12.846), of state-owned companies (n. 13.303) and of access to information (n. 12.527). The article concludes that the continuous commitment of public managers, the integration of technology and inter-institutional cooperation are crucial for the success of compliance initiatives.
The humanization of the criminal justice system: application and effectiveness of restorative justice in Brazil
This article seeks to analyze the application of Restorative Justice in Brazil, as well as its effectiveness within the criminal system, and its influence on the process of humanization of the criminal justice system. The general objective is to analyze the effectiveness of the implementation of Restorative Justice, addressing its fundamental principles, its main characteristics and the benefits it can offer to victims, offenders and society as a whole. Also visualizing the concepts of penal abolitionism and human dignity in parallel to the search for justice based on dialogue. Consequently, the specific objectives that seek to conceptualize Restorative Justice are addressed, focusing on its application and consequences, and finally, analyzing how Restorative Justice influences procedural slowness, prison overcrowding and high criminal recidivism. The methodology used will be deductive, using as a means the analysis of doctrines, websites, scientific articles, magazines, books, legislative texts and monographic works. In conjunction with the objectives, the research will be carried out in a theoretical and qualitative way. It is primarily concluded that the Brazilian legal system needs to adopt measures for the effective implementation of Restorative Justice, investing in its improvement in a comprehensive and responsible manner, as a mode of transformation, promoting the new concept of criminal punishment, in a more fair and resilient manner. for all parties to the conflict.
Mistreatment of companion animals: a reflection based on Law 14.064/2020
This article aims to reflect on Law 14.064/2020, which increased penalties for mistreatment of dogs and cats and prohibited the custody of these animals in cases of conviction. Throughout history, animal rights have evolved, culminating in this law. The original bill was modified to focus on dogs and cats due to their status as companion animals and their strong presence in Brazilian households. The creation of this legislation was driven by the frequent cases of mistreatment in the country, as well as the recognition of animal sentience, which reinforces the idea that animals are rights-bearing beings. This research uses the deductive method, based on the premise that Law 14.064/2020 plays an important role in recognizing the need for appropriate punishment for the crime of mistreatment. It concludes that although Law 14.064/2020 is limited in scope, it represents a significant advance. Studies linking domestic violence and animal abuse highlight the importance of laws that punish cruel acts, giving the law both punitive and preventive characteristics. Furthermore, it may signify progress towards other protective legislation for Brazilian wildlife.
The analysis of ADI'S 6.298, 6.299, 6.300 and 6.305 and the judge's insertion of guarantees from the perspective of machadian literature
This present article aims to analyze the formal constitutionality of Law No. 13.964/2019, known as the "Anti-Crime Package", which introduced the judge of guarantees, a judicial figure responsible for controlling the legality of criminal investigation acts. At the same time, the research will use Dom Casmurro syndrome as an analogy to highlight the importance of a fair and impartial trial, guaranteeing the fundamental rights of those investigated. With the advent of the law, Direct Unconstitutionality Actions were proposed seeking recognition of the incompatibility of some institutes with the Brazilian legal order. The research followed the deductive method typical of legal research, based on bibliographic review and documentary analysis. Therefore, the study focuses on the foundations that legitimize the constitutionality of the judge's guarantees, in line with the federative pact and the guarantee of a natural and impartial judge. The results indicate that the aforementioned syndrome should be excluded from the Criminal Procedure Code, as criminal justice requires concrete evidence and respect for the rights of all parties. Convictions based solely on personal suspicions or convictions would be unfair and ineffective. It is concluded that the Guarantee Judge plays a crucial role in preventing this syndrome, by separating phases and functions, promoting contradiction and strengthening impartiality. This contributes to a fairer legal environment, based on evidence and arguments, reducing the risk of impartiality and biased interpretations.
Comparison of the budget crisis between the state of Rio Grande do Sul and the balance sheet of Santa Catarina in the implementation of public policies
This article explores the budgetary autonomy of Brazilian states, comparing the economic balances of Rio Grande do Sul and Santa Catarina. The budget crisis faced by Rio Grande do Sul and the measures adopted for recovery are analyzed, including pension reforms and innovative tax programs. In contrast, Santa Catarina demonstrated greater economic stability, with consecutive surpluses and efficient fiscal management. The methodology included document analysis and interviews with experts in public finance, covering official documents and audit reports from 2019 to 2022. It is concluded that Rio Grande do Sul's initiatives can serve as a model for other states in crisis, highlighting the importance of well-planned public policies to ensure fiscal sustainability and economic development. This study highlights challenges and solutions that can contribute to the effectiveness of public policies in similar contexts.
General aspects and procedures of application of extrajudicial compulsory adjudication
The present work proposes to analyze the legal nature and carry out a study on the procedure and application in the administrative form of Extrajudicial Compulsory Adjudication with the aim of understanding the benefits provided within the scope of property regularization. The importance of determining the hypotheses in which extrajudicial compulsory adjudication may be applied is highlighted. Therefore, the objectives are: in the first topic, explore the concept of Extrajudicial Compulsory Adjudication, in addition to examining the legal definition and legal nature of extrajudicial compulsory adjudication. In the second topic, the research will identify the limits of Extrajudicial Compulsory Adjudication in order to demonstrate the applicable cases and the restrictions provided for by Provision 150 of 11/09/2023, in its articles 440-A to 440-AM, of the National Justice Inspectorate , And finally, the third topic will evaluate the advantages of Extrajudicial Compulsory Adjudication, bringing out the benefits brought by the introduction of extrajudicial compulsory adjudication. The research will be exploratory in nature, focused on understanding the concepts and form of application to be carried out by the registry offices in relation to compulsory extrajudicial adjudication. Extrajudicial Compulsory Adjudication represents an important mechanism for the enforcement of real estate property rights, offering an alternative path to the judicial route for resolving conflicts arising from purchase and sale contracts.
The (im)possibility of deconstitution of socio-affective affiliation in the light of the Courts and the Higher Court of Justice
This article aims to analyze the legal feasibility of the (im)possibility of undoing socio-affective parenthood, in light of doctrinal and jurisprudential interpretations. To this end, aspects such as the concept and historical evolution of parenthood were explored, highlighting the influence of affectivity in the recognition of socio-affective parenthood and its increasing value in family relationships. In addition, an analysis was carried out on the current legal understanding of parenthood and how the Brazilian legal system has addressed the issue of severing this type of parenthood in contemporary times. The study adopts a descriptive approach, with a bibliographic review, and uses the deductive method by reflecting on established legal principles. Socio-affective parenthood refers to the bond formed between an individual and a child based on affection and care, regardless of biological ties. In this context, both doctrine and jurisprudência have increasingly preconize the importance of this type of parenthood for the child’s well-being, resulting in the prevalence of child protection and the impossibility of undoing socio-affective parenthood, given the harm that such an action could cause to the minor.