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Dissertations |
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1
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Davi Brito de Almeida
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NODAL GOVERNANCE IN HEALTH INSURANCE MARKET: CASE STUDIES
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Advisor : OTHON DE AZEVEDO LOPES
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COMMITTEE MEMBERS :
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OTHON DE AZEVEDO LOPES
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HENRIQUE ARAUJO COSTA
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MARCIO NUNES IORIO ARANHA OLIVEIRA
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ALETHELE DE OLIVEIRA SANTOS
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Data: Feb 26, 2024
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Show Abstract
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Supplementary healthcare, a relevant sector of the market, which provides essential goods of public relevance to society, is a complex field, encompassing several players in the value chain, such as health insurance companies, healthcare service providers and consumers. This market has undergone major structural changes in recent years, with the formation of various types of collective arrangements, such as inter-organizational cooperation networks, economic groups and contractual networks. The players in supplementary healthcare can be seen as nodes interacting with each other through networks. The Theory of Nodal Governance (or Nodal Regulation) was developed to understand the contemporary regulatory phenomenon of network governance. The aim of this study is to investigate nodal regulation in supplementary healthcare, elucidating the network's component nodes, the regulatory adaptation strategies and possible future actions, with a view to minimizing the regulatory distortions of the network itself. As an illustration, two cases were selected for study, taken from the final reports of Parliamentary Commissions of Inquiry: the performance, in supplementary health, of the cooperation network known as the prosthesis mafia (Prosthesis CPIs) and the performance of the health insurance company Prevent Senior during the Covid-19 pandemic (Pandemic and Prevent Senior CPIs). It was observed that the theory of nodal governance applied to the supplementary health chain deals with issues of conflicts, captures and associations between nodes and inter-organizational cooperation networks, emphasizing the legitimacy of actions consistent with sectoral checks and balances. The behaviors reinforce an adaptive system of competition, competition and cooperation. Nodal governance theory provides a panoramic view of regulation, as it captures the dynamics of power and governance in reality, providing information on how nodes - understood as institutions that mobilize resources, mentalities and technologies to achieve management results - are governed and how they govern other nodes. However, due to the model's inherent limitations, it must be complemented with other regulatory theories in order to provide more efficient and effective governmental and non-governmental interventions to improve regulation.
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2
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Marcondes de Araujo Silva
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STRUCTURAL RACISM AND THE DISTRIBUTION OF RESOURCES FROM THE SPECIAL CAMPAIGN FINANCING FUND IN THE DISTRITO FEDERAL: an obstacle to the election of black federal deputies.
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Advisor : ANA CLAUDIA FARRANHA SANTANA
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COMMITTEE MEMBERS :
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ALEXANDRE ARAUJO COSTA
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ANA CLAUDIA FARRANHA SANTANA
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ROBERTA SIMOES NASCIMENTO
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WANDERSON MAIA NASCIMENTO
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Data: Feb 26, 2024
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Show Abstract
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IBGE data demonstrate that the largest portion of the district population is made up of black people, but TSE data prove that the majority of federal deputies elected by the Federal District are white. The consequences of slavery and incomplete abolition spanned generations, bringing benefits to the descendants of slave owners and keeping the descendants of the enslaved in a precarious situation. Structural racism, the result of this process of dehumanization of black people, contri-buted to the policy of excluding black people by keeping them out of decision-making centers. In this way, the distribution of the FEFC also suffers the effects of a racist society structure, preventing black people from occupying political positions proportional to their presence in society.
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3
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Paulo Guilherme Ribeiro Bigonha
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RISE AND FALL OF THE CONSUMER DEFENSE CODE: the emptying of the CDC based on the jurisprudence of the STJ
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Advisor : DANIELA MARQUES DE MORAES
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COMMITTEE MEMBERS :
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DANIELA MARQUES DE MORAES
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MARCUS FARO DE CASTRO
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FERNANDA DE CARVALHO LAGE
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DENNIS VERBICARO SOARES
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Data: Mar 19, 2024
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Show Abstract
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This dissertation summarizes the concern resulting from a critical look at issues involving consumer law within the scope of the Superior Court of Justice in more than 20 years of professional experience in the cabinets of ministers comprising the Second Section of the Court. It starts from the revisiting of the histori-cal context that served as a scenario for the construction of Consumer Law in Brazil until the effective promulgation of the Brazilian Consumer Protection Code. It goes on to point out liberal ideological struc-tures as responsible for the exacerbation of economic values in society and for defining the role of the Ju-diciary as an instrument for inducing a consensus on these values and ideas that, ultimately, privilege the interests of the economic sectors. In the end, the research seeks to illustrate, through examples taken from the jurisprudence of the Superior Court of Justice, the intervention of the Judiciary to recover legisla-tive concessions and neutralize consumer gains. Against a background marked by the profound change in the relationship between society and economy, in which fundamental aspects of human life began to be subordinated to market relations, the functioning of the State is considered based on the analysis of its structural elements, which end up converging for the natural process of emptying the CDC. In the name of a right to freedom, political power is restricted, in order to shift economic relations to the private field. As a result, the individual is the one who must determine their economic and social relations, defending, in iso-lation, interests that are, in reality, collective or general. At the same time, with the public function re-stricted to specific areas, such as territorial security, private property and the fulfillment of contracts, the State ends up operating as a mere guarantor of private relations, creating and preserving differences and hierarchies, by simply ensuring free game of market forces. With this, it ensures the remuneration of capi-tal at the expense, including the vilification of consumer rights, in order to affirm the freedom of exploitation of ordinary citizens by the economically privileged, building a social liberality qualified by property. In this structure, the Judiciary acts to preserve the status quo and strengthen the liberal society project, some-times guaranteeing the maintenance of these structures, sometimes recovering the space eventually lost, through the legislative process, by the economic sectors. The examples taken from the STJ's jurispru-dence give concreteness to the argument, making it very clear the contradictory role played by the Judici-ary in vandalizing consumer protection structures and, on the other hand, in maintaining abuses and privi-leges.
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4
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Frederico Augusto Fonseca dos Santos
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STATE PUBLIC DEFENDER'S OFFICE IN HABEAS CORPUS CASES IN THE Superior Court of Justice (STJ): Legal Defense and Access to Justice
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Advisor : DEBORA BONAT
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COMMITTEE MEMBERS :
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DEBORA BONAT
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FERNANDA DE CARVALHO LAGE
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FERNANDA GOMES E SOUZA BORGES
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ROBERTA SIMOES NASCIMENTO
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Data: Mar 22, 2024
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Show Abstract
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The present academic work examines the position of the Superior Court of Justice (STJ) in the judgment of habeas corpus petitions filed without legal representation and the performance of the state Public Defender's Office (DPE), an institution constitutionally designed to ensure effective access to the justice system for vulnerable citizens, in the filing of habeas corpus in the Court. The objective is to assess the relevance of the institutional role of the state defense body and its strategic performance in the STJ with the aim of ensuring a fair process, guided by the constitutional principles of due process, defense, and adversarial proceedings, in harmony with the principles of human dignity. To address these inquiries, decisions handed down in the habeas corpus covering three years by the Presidency and the Fifth and Sixth Panels were analyzed. For the treatment of the research object, the work is divided into three chapters. In the first chapter, the concept and evolution of access to justice was constructed. In the second chapter, the role of the Public Defender's Office as an instrument of access to justice was detailed, outlining its institutional strengthening and its adaptation to the new concept of access to justice, more comprehensive and inclusive, encompassing awareness of citizenship rights and social integration. In addition, the hypotheses of procedural vulnerabilities were analyzed. In the third and final chapter, the impact of the use of defensive jurisprudence in habeas corpus cases in the STJ without legal representation was discussed. The importance of the state Public Defender's Office was highlighted as a way of guaranteeing access to the fair process in the judgment of habeas corpus by the Court. Finally, a statistical analysis of the STJ's decisions on habeas corpus without legal representation and the performance of the DPE in the petitions filed in the Court was demonstrated.
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5
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Leandro Moreira de Freitas Oliveira
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FROM STRUCTURAL RACISM TO THE UNCONSTITUCIONAL STATE OF AFFAIRS OF THE BRAZILIAN PRISON SYSTEM: IDEAS FOR A MORE JUST AND WELL-ORDERED SOCIETY, ACCORDING TO THE CONCEPTION OF JOHN RAWLS
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Advisor : OTHON DE AZEVEDO LOPES
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COMMITTEE MEMBERS :
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OTHON DE AZEVEDO LOPES
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HENRIQUE ARAUJO COSTA
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REYNALDO SOARES DA FONSECA
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THIAGO SANTOS AGUIAR DE PADUA
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Data: Apr 17, 2024
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Show Abstract
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The objective of this work is to demonstrate, even more than three decades after the promulgation of the Political Charter of our Nation (1988), the profound existence of a structural racism in our society, which is manifested by the marginalization and exclusion of a large portion od the population to equitable access to quality education and, as a result, better employment opportunities, in addition to the necessary representation in spaces of power, whose presence of black and brown people is still small, which goes against the principle of equal opportunity in John Rawls’s conception of a just and well-ordered society, as will be shown in the first part of the work. From this initial finding, we will seek to assess whether or not there is a criminal selectivity by the respective bodies responsible for criminal prosecution and to what extent this has contributed to the so-called "Unconstitutional State of Affairs" already recognized by the Supreme Court within ADPF 347/DF, addressing its historical origin, elements and historical evolution, as well as its recognition in the Brazilian reality in which, due to state inertia, especially the Executive Branch, responsible for the structure of the prison system, aggravated especially by the judicial interpretation of Law n. 11,343/2006, among other legislative changes and concrete cases that tend to aggravate this alarming situation, where there is a massive violation of fundamental rights, provided for in the Federal Constitution, as well as Law n. 7.210/1984 itself, which regulates in our country the execution of the sentence applied in a previous criminal process in which the state punitive claim was accepted. We also will address proposals for the construction of a more just and well-ordered society where, in fact and in law, the legal system is effectively and substantially applied to the whole of society, and not only to a privileged minority, adopting, among other parameters, the ideas of the philosopher John Rawls, who in his books "A Theory of Justice" and "Political Liberalism") brings arguments and ideals that, Although designed for the American reality, they have applicability in our reality. Thus, through the reading and filing of doctrinal articles, master's dissertations, books and other academic documents on the subject, as well as the concrete cases in which the institute was recognized in Colombia and Brazil, we will seek to define the concept of what is the "Unconstitutional State of Things" of the Brazilian prison system, as well as proposing some measures to be implemented within the scope of the Judiciary with the scope of at least mitigating this framework with a view to the realization of the fundamental right regarding the prohibition of cruel penalties, the principle of the dignity of the human person, as well as the individualization of the penalty, among others provided for at the level of infra constitutional legislation. Moreover, this work will have as its main objective to propose some measures that the Federal Supreme Court, on the occasion of the judgment of the merits of ADPF n. 347, may determine to the other instances of the Judiciary, as well as to the other Powers, with a view to the deconstruction of what is characterized as a generalized framework of violation of the most salutary rights and guarantees guaranteed to those who, much more than deprived of their liberty in response to the commission of a crime, they must also deal with the deprivation of other rights that, although provided for in the legal system, are not effectively observed by the State, as well as propose ideas with the scope of providing the creation of a society that will be marked by equal access to what John Rawls calls "primary goods", which will necessarily impact on the reduction of violence and crimes committed within Brazilian society and, in this way, avoid the continuation of a policy of mass incarceration of the most economically vulnerable population.
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6
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Leticia Mara Lima Ferreira
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Applicability of the Principle of Fraternity in Judicial Decisions at the Superior Court of Justice in Cases of House Arrest
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Advisor : FABIANO HARTMANN PEIXOTO
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COMMITTEE MEMBERS :
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FABIANO HARTMANN PEIXOTO
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HENRIQUE ARAUJO COSTA
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REYNALDO SOARES DA FONSECA
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JOSIANE ROSE PETRY VERONESE
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Data: Apr 19, 2024
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Show Abstract
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This research examines the applicability of the Principle of Fraternity in judicial decisions at the Superior Court of Justice (STJ) in cases of house arrest in Brazil. The primary objective is to investigate how the principle of fraternity influences judicial decisions related to house arrest, with specific goals aimed at understanding the historical and legal evolution of this principle and its application in the Brazilian legal system, particularly in the context of house arrest. The methodology employed is mixed-methods, based on data collection from the STJ and theoretical investigation. The research begins with the contextualization of principles in the legal order, focusing on the foundations of legal and constitutional principles, and progresses to exploring the principle of fraternity in the legal context, analyzing its historical origins and evolution, as well as its implementation in the Brazilian legal system. Furthermore, it examines the characterization of house arrest, defining it legally and exploring its evolution in Brazil. The study of house arrest cases at the STJ is conducted from the perspective of the principle of fraternity, seeking to understand how it impacts judicial decisions. The conclusion synthesizes the main findings and suggests directions for future research, emphasizing the relevance of the study for understanding the applicability of legal principles, especially that of fraternity, in judicial decisions within the Brazilian context.
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7
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Amanda Lins Brito Faneco Amorim
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GOVERNANCE STRATEGIES FOR THE USE OF ARTIFICIAL INTELLIGENCE IN THE BRAZILIAN JUDICIARY
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Advisor : FABIANO HARTMANN PEIXOTO
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COMMITTEE MEMBERS :
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FABIANO HARTMANN PEIXOTO
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HENRIQUE ARAUJO COSTA
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FERNANDA DE CARVALHO LAGE
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ANDRÉ GUALTIERI DE OLIVEIRA
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Data: Apr 22, 2024
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Show Abstract
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The use of Artificial Intelligence (AI) systems in the Brazilian Judiciary is an expanding reality. Considering the need to adhere to parameters for the ethical development and use of AI, the National Council of Justice issued Resolution n. 332/2020. This research aims to evaluate the governance strategies outlined in said normative act, its practical application, as well as other mechanisms capable of ensuring the ethical use of technology and mitigating the associated risks, especially the establishment of AI ethics committees in the courts, aimed at supporting future institutional initiatives. To this end, in the first chapter, the roles played by regulation, ethics, and governance and their intersection in controlling risks related to technology use are analyzed. In the second chapter, the risks of AI use in the Judiciary and the relevant regulations are examined, including the analysis of international documents such as the European Ethical Charter on the use of AI in judicial systems and their environment, along with a critical examination of the governance instruments provided for in Resolution CNJ No. 332/2020. In the third chapter, the creation of AI ethics committees is evaluated as a mechanism to address the complexity of the development cycle of AI projects and the ethical issues inherent in their implementation in the sensitive context of the Judiciary. After analyzing different formats of AI ethics committees, a proposal is presented for the creation not only of AI ethics committees within each court but also of a national network of AI ethics committees within the Judiciary, a national AI ethics committee, and a national AI ethics advisory council, with details on their structure, composition, objectives, and attributions. In the conclusion, the suggestions for improving the governance strategies of AI use in the Judiciary highlighted throughout the study are compiled.
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8
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Guilherme Candido de Andrade Neto
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Support Victims of Heinous Property Crimes Public Policies and the Restorative Justice Compatibility
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Advisor : HENRIQUE ARAUJO COSTA
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COMMITTEE MEMBERS :
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DANIEL AUGUSTO VILA-NOVA GOMES
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HENRIQUE ARAUJO COSTA
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REYNALDO SOARES DA FONSECA
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WILSON ROBERTO THEODORO FILHO
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Data: Apr 24, 2024
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Show Abstract
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This research focuses on victims, especially those who suffered attacks related to heinous crimes of property nature, as well as public policies to support this social segment, which aim, mainly, to reduce the various processes of victimization. To this end, a contextual overview and the related science, victimology, will be made, addressing the evolution of the victim's participation in criminal prosecution, from the era of protagonism, through its neutralization, to the present day, characterized by its rediscovery. It is proposed to expose the protection, prevention, assistance, reparation and restoration measures for victims, as well as list the rights achieved, both those recognized internationally and those provided for by brazilian laws. A presentation will be made of all the types of crimes that are the subject of the research, including the heinous crimes of robbery, extortion, extortion through kidnapping and the controversial hypothesis of theft, highlighting the Law no. 8,072/1990 changes, notably made by the Laws 13,654/2018 and 13,964/2019 (Anti-Crime Package), important for the assessment of protected legal assets. In addition to the presentation of general characteristics regarding Public Policies, those of relevance to the matter will be listed, with emphasis on those applied by the Ministério da Justiça e Segurança Pública, the Ministério dos Direitos Humanos e Cidadania, the Conselho Nacional do Ministério Público, and the Conselho Nacional de Justiça; as well notes on Bill 3890/2020, which establishes the Victim Defense Statute. Finally, a special referral will be made to Restorative Justice, with the purpose of demonstrating the need for greater coverage of the institute and the compatibility of applying its techniques to victims of the serious crimes described in this presentation.
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9
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Isadora Valido Ramalho
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ARTIFICIAL INTELLIGENCE MODELS WITHIN THE CONTEXT OF THE HIGH COURT OF JUSTICE AND THE QUALITY OF JUDICIAL DECISIONS IN THE BRAZILIAN PRECEDENTS SYSTEM: POSSIBLE CONTRIBUTIONS
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Advisor : FABIANO HARTMANN PEIXOTO
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COMMITTEE MEMBERS :
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FABIANO HARTMANN PEIXOTO
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FERNANDA DE CARVALHO LAGE
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JOÃO PEDRO LEITE BARROS
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ROBERTA SIMOES NASCIMENTO
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Data: Apr 29, 2024
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Show Abstract
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The dissertation addresses the application of artificial intelligence (AI) in the legal context, focusing on the Superior Court of Justice (STJ), investigating its ability to improve the quality of judicial decisions, considering the brazilian precedent system. Through bibliographic review, document analysis and the deductive method, the concept of AI and its categories are explored, such as machine learning, deep learning and natural language processing. Next, the correlation between AI, law and the Judiciary is discussed, highlighting the initiatives and regulations on the subject within the scope of the National Council of Justice (CNJ) and the AI projects in production and development at the STJ, such as the Sócrates System and the Athos Platform. Furthermore, the legal traditions of common law and civil law, Dworkin's Theory of Law as Integrity, the crisis of the Brazilian Judiciary and judicial decision-making, the evolution of jurisprudential law in Brazil and the structuring of the precedent system in the Civil Procedure Code of 2015 (CPC/2015) are examined. The criticisms and risks of using AI in the decision-making process are also presented, including algorithmic biases, technological syllogism and opacity. Finally, the work concludes that artificial intelligence can contribute to the quality of judicial decisions, from the perspective of stability, coherence and integrity defined in CPC/2015, as long as ethical and responsibility requirements are observed.
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10
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Filipe Batista de Souza Leal
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THE CONSEQUENTIALISM OF THE LAW OF INTRODUCTION TO THE NORMS OF BRAZILIAN LAW AND ITS REFLEXES IN THE JURISPRUDENCE OF THE SUPERIOR COURT OF JUSTICE
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Advisor : MARIA PIA DOS SANTOS LIMA GUERRA DALLEDONE
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COMMITTEE MEMBERS :
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MARIA PIA DOS SANTOS LIMA GUERRA DALLEDONE
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ALEXANDRE ARAUJO COSTA
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HENRIQUE ARAUJO COSTA
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RAPHAEL PEIXOTO DE PAULA MARQUES
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Data: May 6, 2024
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Show Abstract
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Law n. 13.655/2018 added articles 20 to 30 to the Law of Introduction to the Norms of Brazilian Law (Decree-Law n. 4.657/1942), which deal with legal security and efficiency in the creation and application of public law, as stated in the title of the aforementioned normative text. This is the institute of consequentialism, the result of which is its dissemination throughout the legal system, given the status of a rule of superlaw conferred on the LINDB. In the present work, we intended to establish the causes of this legislative innovation through a historical outline of the Theory of Law and Administrative Law. Afterwards, an attempt was made to assess the harmony between the purposes identified by the legislator for the enactment of Law n. 13.655/2018 and the jurisprudence of the Superior Court of Justice. It was noticed, through the analysis of the rulings, that the Superior Court acted out of step with the aforementioned parameters, because the approach adopted in most of the decisions analyzed is at odds with the purposes set out in Law n. 13.655/2018 and the corresponding bill – Bill n. 349/2015, of the Federal Senate. In the end, it was concluded that it is essential for the fulfillment of these purposes to verify, in the specific case, the joint the presence of four assumptions related to the procedural dispute. Thus, only in the face of these filters, it is believed that the objectives pointed out as the cause for this legislative innovation will be observed.
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11
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Gilberto Ferreira Costa
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INTERNET REGULATION AND GOVERNANCE IN BRAZIL: The jurisprudence of the Superior Court of Justice on The Brazilian Civil Rights Framework for the Internet
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Advisor : MARIA PIA DOS SANTOS LIMA GUERRA DALLEDONE
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COMMITTEE MEMBERS :
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ALEXANDRE ARAUJO COSTA
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HENRIQUE ARAUJO COSTA
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MARCIO CAMARGO CUNHA FILHO
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MARIA PIA DOS SANTOS LIMA GUERRA DALLEDONE
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Data: May 7, 2024
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Show Abstract
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This dissertation addresses the debates that preceded the drafting of The Brazilian Civil Rights Framework for the Internet (MCI) and analyzes the jurisprudence of the Superior Court of Justice (STJ), with the aim of understanding how the STJ interpreted, in the last ten years, the themes covered in the first law of the general regulatory framework for the internet in Brazil. The first chapter presents general aspects about internet regulation and governance, focusing on the debate that took place in the United States of America (USA), following the popularization of the internet, and its influence on the national debate, which included public hearings in the National Congress. The dilemmas raised by the literature after the publication of the MCI are also presented. The second chapter details the methodology, which resulted in the qualitative analysis of 206 judgments published from April 23, 2014, the date of promulgation of the MCI, as well as the initial classification of subjects into thematic blocks. The first results are also shown, with a presentation of the macro view of the STJ's jurisprudence. The third chapter presents the refinement of results in two major areas, private and criminal, with details of the most recurring issues in the thematic blocks. The fourth chapter consists of a discussion of a paradigmatic case that dealt with the civil liability of an access provider for harmful content inserted by a third party on a social network. Jurisprudence entered the themes discussed in the American debate, sometimes indirectly and, more presently, in the themes discussed in the debates of the National Congress. Finally, the regulatory role of the STJ proved to be remarkable, going into details that only concrete cases could bring, so that the jurisprudence became complementary to the regulations introduced by the MCI.
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12
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Eraldo Melo da Silva
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REFLECTIONS ON THE PROHIBITION OF NEPOTISM, IN LIGHT OF THE CONSTITUTIONAL PRINCIPLES OF LEGALITY, IMPERSONALITY AND MORALITY: Defining elements, classifications and limits of applicability of its prohibition within the scope of extrajudicial services.
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Advisor : REYNALDO SOARES DA FONSECA
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COMMITTEE MEMBERS :
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CLAYTON DE ALBUQUERQUE MARANHÃO
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MARCELO NAVARRO RIBEIRO DANTAS
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REYNALDO SOARES DA FONSECA
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ROBERTO CARVALHO VELOSO
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Data: May 15, 2024
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Show Abstract
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The dissertation analyzes the practice of nepotism from different perspectives. As a social-historical phenomenon, nepotism is ancestrally based on the idea that, even in the public sphere, certain people can enjoy privileges not available to the general population, simply because they were born into a particular family, clan or tribe. As a legal phenomenon, nepotism in the Brazilian public administration has been more combated since the 1988 Constitution. It is totally incompatible with a state whose foundations are the principles of republicanism, democracy, equality, impersonality and administrative morality to allow confusion between the public and private spheres, as well as to allow its agents to use the state power and force conferred on them provisionally by the laws of the Republic to their own advantage. This perspective led the Federal Supreme Court to recognize that the ban on nepotism has constitutional status and is therefore self-applicable, making unnecessary the intervention of the ordinary legislator. Since extrajudicial offices are part of the broad concept of public administration, they are also subject to the ban on nepotism. Based on the jurisprudence of the Federal Supreme Court, this dissertatiton adopts the position that any act of nepotism must be assessed according to the principle of tempus regit actum, presupposing the existence of a public agent in activity who, directly or indirectly, or through a situation of subordination, is incompatible for their spouse, partner or relative in a direct, collateral or affinity line up to the third degree to be appointed, designated or contracted within the scope of the Public Administration in general. Therefore, the idea of late or posthumous nepotism is inadmissible. Since extrajudicial services are part of the broad concept of Public Administration, they are also subject to the prohibition against nepotism. Along these lines of thought, it is argued that for the purposes of characterizing nepotism, the existence of a marital or kinship relationship between the oldest substitute for the position declared vacant with the former delegate is irrelevant, since this does not integrate the concept of agent. public causing the incompatibility.
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13
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Joab Gouvea de Oliveira
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Excessive period of preventive detention in light of the jurisprudence of the Superior Court of Justice
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Advisor : REYNALDO SOARES DA FONSECA
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COMMITTEE MEMBERS :
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JOAO COSTA RIBEIRO NETO
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MARCELO NAVARRO RIBEIRO DANTAS
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REYNALDO SOARES DA FONSECA
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ROBERTO CARVALHO VELOSO
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Data: May 15, 2024
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Show Abstract
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The objective of this research is to understand the theoretical contributions related to the issue of excessive time in preventive detention and the judgment technique devised by supranational courts and adopted by the Brazilian justice system; identify the decision-making standards within the jurisprudence of the Superior Court of Justice, assess whether they are coherent with the three criteria technique and whether they are sufficient to limit subjectivity in the judgment; present a proposal to improve the examination technique based on evidence and legal alternatives to repair illegal excess, based on the principle of fraternity. The data examined were collected from the Citizenship Court's information systems through two applications and compared with the three criteria technique, devised by the European Court of Human Rights. It was found that examination standards are insufficient to guide judgments, as well as the absence of a clear method for verifying excessive time in criminal proceedings. In the end, the study presents a proposal to improve the way in which prison terms are examined, based on the system of precedents, and the possibility of applying remedial measures for unjustified excess, as a way of valuing the fraternal character that guides the Brazilian State.
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14
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André de Sá Brant
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THE TREATMENT OF PERSONAL DATA IN JUDICIAL PROCESSES IN THE LIGHT OF THE FUNDAMENTAL RIGHT TO DATA PROTECTION AND THE RESPECTIVE REGULATORY FRAMEWORK (LGPD)
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Advisor : DANIELA MARQUES DE MORAES
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COMMITTEE MEMBERS :
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DANIELA MARQUES DE MORAES
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GERALDA MAGELLA DE FARIA ROSSETTO
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REYNALDO SOARES DA FONSECA
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ROBERTA SIMOES NASCIMENTO
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Data: May 17, 2024
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Show Abstract
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This research analyzes how the state should treat the personal data given to it in the exercise of its judicial function, taking into account, above all, the rise of data protection as an autonomous and fundamental right, and the full validity of the respective regulatory framework, but without losing sight of the historical commitments of Brazilian law to the broad publicity of procedural acts. In the context of the investigation, we highlight, among other circumstances, the advent of a productive environment that has information as a commodity, and whose regulation, although it has already transformed the activities of companies and government agencies, has had little influence, for now, on the macro-procedural area of the courts. This work therefore is not aimed at the operations carried out by lawtechs and other economic agents around the data extracted from lawsuits, but at the supplier of this information, i.e. the Judiciary itself, which, by the way, under the guidelines of the National Council of Justice (CNJ), has undergone a real technological revolution in recent years, including the digitization of procedural documents, the dissemination of decisions on the internet and the adoption of the open justice policy. Based on the hypothesis that the conflict between publicity and the protection of personal data can be resolved by the theory of principles, we finally investigate, using the deductive method, whether - and how - the general provisions of the regulatory framework on the matter (LGPD) can neutralize dysfunctionalities and contribute to the improvement, specifically, of the treatment of personal data in judicial processes.
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15
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Tayane Catia Antunes de Souza
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TAX JUSTICE: fraternity, ability to pay, and existential minimum.
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Advisor : REYNALDO SOARES DA FONSECA
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COMMITTEE MEMBERS :
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REYNALDO SOARES DA FONSECA
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GERALDA MAGELLA DE FARIA ROSSETTO
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MARCELO NAVARRO RIBEIRO DANTAS
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ROBERTO CARVALHO VELOSO
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Data: May 21, 2024
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Show Abstract
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This dissertation explores the relationship between tax policy and the promotion of fraternity and tax justice in Brazil, focusing specifically on protecting the existential minimum and adhering to the principle of the ability to pay. Using the inductive method, the research was developed through an extensive bibliographic review, including books, magazines, journals, and journalistic material, in addition to a thorough analysis of relevant legislation and jurisprudence. The work is based on the theoretical framework proposed by Carlos Augusto Alcântara Machado, who recognizes fraternity as an essential legal category, and the studies of Reynaldo Soares da Fonseca, who views fraternity as a fundamental constitutional principle for the justice system. Furthermore, the research is grounded in John Rawls's theory of justice, exploring its applicability in structuring a tax system that is both just and socially effective. The findings indicate an urgent need for deeper reforms that ensure the non-taxation of the existential minimum and respect the citizens' ability to pay. Therefore, it is proposed that the state's tax collection activities be reformed not only to sustain its expenditures on essential public policies but also to promote fairer income distribution and contribute to reducing social inequalities. This study contributes to the academic debate by highlighting the importance of integrating principles of fraternity and social justice into tax policies, aiming to develop a society that is freer, fairer, and more solidary, in accordance with the objectives of the Federal Constitution of Brazil of 1988.
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16
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Sidney Amorim dos Santos
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Regulatory Impact Analysis In The National Civil Aviation Agency – Anac: A Measure Of Legal-Economic Efficiency.
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Advisor : OTHON DE AZEVEDO LOPES
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COMMITTEE MEMBERS :
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GABRIEL DE MELLO GALVAO
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HENRIQUE ARAUJO COSTA
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INEZ LOPES MATOS CARNEIRO DE FARIAS
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OTHON DE AZEVEDO LOPES
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Data: May 21, 2024
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Show Abstract
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This dissertation presented a history and literature about the regulatory phenomenon and regulatory agencies, identified the importance of one of its most important instruments, which is the Regulatory Impact Analysis – RIA and analyzed the efficiency of these RIAs in one of these agencies, the National Civil Aviation Agency – ANAC, with the purpose of not only proposing an efficiency measure that considers this literature and current legislation, but also finding out what level of efficiency they currently find themselves at. It was understood that there was a need to measure the efficiency of AIRs through a legal-economic approach to the regulatory phenomenon itself in general, which was done through little literature and recent legislation, and whose terrain is still somewhat barren, starting from from the general to the specific. Thus, in a punctual and specific way, after discussing the history of national regulation and in other countries, and explaining an overview of regulatory activity in Brazil, we sought to scrutinize the institute/principle of efficiency not only in its already known general aspects, but also, and from there, explore deeper dimensions that could enable a measurement standard of a regulatory nature that integrates Law and Economics. These dimensions, developed in this dissertation, which are the legal-doctrinal and economic-regulatory dimensions of efficiency, sought to provide support to the method applied through objective (quantitative) and subjective (qualitative) aspects in its measurement, so that it could become a numbers, percentages and efficiency coefficients of the AIRs researched in the sample. This management instrument, which analyzes the impact of regulatory measures through regulations, already used in other countries since the 1950s and in Brazil since 1990, became mandatory here only in 2019 and has been perfected within each regulatory agency through of internal regulations. This dissertation is justified in view of the importance of AIRs within the Democratic Rule of Law and, specifically, Regulatory Law, which seeks, among the various challenges it faces, to strengthen the theory of Economic Analysis of Law – EAD and establish legal behavior -economic that maximizes the result, that is, the product of the efficiency of the AIRs in ANAC researched. Thus, the numbers, percentages, indicators and efficiency coefficients of the AIRs researched in the sample were displayed at the end of the dissertation through tables, calculations and formulas, highlighting the points in which the AIRs demonstrated satisfactory regulatory efficiency and those that revealed considerable room for improvements in its level of regulatory efficiency, to be analyzed again and checked in future research and studies.
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17
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Andrea Ferreira da Silva Guimaraes
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The replacement of regulatory procedures imposed by the National Health Surveillance Agency-ANVISA to release the use of medicines in Brazil by the precautionary measures deferred by the Superior Court of Justice-STJ from the perspective of the legal authority of the regulatory agency
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Advisor : MARCIO NUNES IORIO ARANHA OLIVEIRA
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COMMITTEE MEMBERS :
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Fernando Natal Batista
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HENRIQUE ARAUJO COSTA
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MARCIO NUNES IORIO ARANHA OLIVEIRA
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OTHON DE AZEVEDO LOPES
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Data: May 22, 2024
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Show Abstract
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The fact that at some point in their existence the citizen will need to resort to the Judiciary to obtain a solution to his demand becomes increasingly evident, especially when it comes to defending his rights to health and life. It turns out that, despite the constitucional provision for safeguarding these guarantees, such defense may prove to be ineffective, given the instrument made available in national procedural law for this purpose, and, more specifically, when the demand concerns authorization for the supply of medicine not yet regulated by ANVISA through precautionary measures, currently provided for in subjective legislation as urgent protections by the STJ. In this dissertation, we will briefly analyze the evolution of the old precautionary measures to the current urgent protections in the Code of Civil Procedure, we will verify the genesis and reason for being of the Regulatory Agencies and, after a case by case exposition of precedents within the scope of the STJ, we will verify whether under the pantheon of provide jurisdiction more quickly, through a summarized procedure – in compliance with the inescapable principle of access to justice -, the performance of the Infraconstitutional Superior Court pays homage to the principle of the Regulatory State of reserving technical judgment. The structural division will be through chapters distributed as follows: . Chapter 1 – considerations about precautionary measures from their genesis in Civil Procedural Law to the emergency protections in current legislation, with an approach to the satisfactory nature of some of them; . Chapter 2 – we will deal with Regulatory Agencies from their inception mirrored in the Local Authorities, we will make considerations about the technical judgment of regulatory entities in relation to the political judgment of the regulatory State and we will conclude with a specific approach on the National Health Surveillance Agency-ANVISA, its creation, competence and the drug regulation procedure adopted by it; . Chapter 3 – we will address the case series selected within the scope of the decisions handed down by the Superior Court of Justice regarding the marketing/supply of medicines not yet regulated by ANVISA. . Chapter 4 – we will make a brief comparison between the competence of ANVISA and the Superior Court of Justice, in view of their legally defined attributions; . Chapter 5 – conclusion. We will conclude the study in the sense of the need for, despite the judging body playing its role always attentive to the principle of indefeasibility of jurisdiction, the essentiality of paying due homage to the technical judgment, as the essence of the regulatory body, is indispensable.
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18
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Nathália Sant Ana de Rosa
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Digital vulnerability and access to justice: an analysis of the reality of the population of the Federal District and digital inclusion policies
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Advisor : DANIELA MARQUES DE MORAES
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COMMITTEE MEMBERS :
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RAFAEL VINHEIRO MONTEIRO BARBOSA
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ALEXANDRE ARAUJO COSTA
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DANIELA MARQUES DE MORAES
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REYNALDO SOARES DA FONSECA
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Data: May 28, 2024
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Show Abstract
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The acceleration of technology usage in various areas of modern life has intensified the significant social gap existing between those who have access to and enjoy the use of technology and those who are digitally excluded, leading to a new social phenomenon: digital vulnerability. Thus, the aim of this research was to inquire about the aspects of this new phenomenon, as well as its impact on the exercise of the fundamental right to access justice. Through descriptive and exploratory research, as well as the analysis of data from surveys on access to information and communication technology (TIC Domicílios, PNAD, and PDAD), it was possible to identify who the digitally vulnerable are in Brazil: low-income people, low levels of education (illiterate and/or early childhood education), and the elderly. Furthermore, through data obtained on the use of the Passive Room within the scope of the local Court of Justice, the impact of digital vulnerability on access to justice was investigated. Additionally, by analyzing the public policies for digital inclusion implemented at the federal and district levels, it was found that these policies are insufficient in addressing digital vulnerability, especially considering the lack of systematization and network integration, as well as the focus on the effectively vulnerable group. Finally, the relevance of the Public Defender´s Office, an institution constitutionally tasked with protecting the interests of the vulnerable, in promoting inclusion policies in the context of access to justice was demonstrated.
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19
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Candido do Nascimento Alves Rosa
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THE PRINCIPLE OF LEGALITY IN THE BRAZILIAN SYSTEM OF PRECEDENTS: THE STJ'S INTERPRETATION OF THE PRINCIPLE OF LEGALITY APPLIED TO CRIMINAL LAW IN DECISIONS QUALIFIED AS PRECEDENTS.
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Advisor : DEBORA BONAT
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COMMITTEE MEMBERS :
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MARCIO EVANGELISTA FERREIRA DA SILVA
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DEBORA BONAT
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FERNANDA DE CARVALHO LAGE
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ROBERTA SIMOES NASCIMENTO
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Data: May 28, 2024
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Show Abstract
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A multiplicity of cases have reached the STJ, in which there are different solutions given by the ordinary courts to the same question of criminal law, often mitigating the principle of strict legality, which enjoys the status of a fundamental guarantee in a democratic state. So how has the STJ interpreted the principle of legality as applied to criminal law in its precedent-setting decisions? Has the Court of Citizenship relativized the principle of legality? Does it use only the principle of legality or also methods of interpretation, criminal dogmatics, methodological aspects of the descriptive sciences and/or discourses characterized by induction, dialectics and logic to support its decisions qualified as precedents? In order to answer the problem of this research, which will be conducted empirically, it will be based on qualified precedents handed down by the Third Section of the STJ, which will be analyzed taking into account the conception of the principle of legality in the civil law tradition, as well as the insertion in the Brazilian legal system of the institute of stare decisis, which comes from the Norman common law culture. The dissertation is divided into three chapters, in addition to the introduction and conclusion, and evolves from an abstract perspective to a concrete one. In the first and second chapters, the main concepts of the research will be problematized, such as the principle of legality and its fallibility in the face of the complexities caused by the occurrence of new social phenomena. Later, in the second chapter, the main characteristics of common law culture will be discussed, especially stare decisis, the definition of which is being shaped and incorporated into the Brazilian legal system. Finally, the strategies used to arrive at the refined base, made up of 26 judgments handed down under the system of repetitive special appeals in the Third Section of the STJ, will be detailed. We will then proceed to diagnose the stance of the STJ, after examining the decisions referred to, which will be done in four blocks, in which the empirical findings reveal the existence of decision-making techniques and strategies that indicate a direction in terms of reasoning.
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20
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Karine Anselmo Bonfim
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FEMALE PARTICIPATION IN THE JUDICIARY AND CNJ'S ACTIVITY IN IMPLEMENTING POLICIES TO INCREASE IT
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Advisor : ALEXANDRE ARAUJO COSTA
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COMMITTEE MEMBERS :
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ALEXANDRE ARAUJO COSTA
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DANIELA MARQUES DE MORAES
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MARCIO NUNES IORIO ARANHA OLIVEIRA
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MARIA PAULA CASSONE ROSSI
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Data: Jun 26, 2024
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Show Abstract
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This thesis deals with female participation in the Judiciary and the policies created by the National Council of Justice to encourage its increase in response to the need for positive state action in this area, as per international commitments assumed by Brazil and the constitutional provision for equality between men and women. The first chapter is a bibliographic review of issues that inform the analysis of data in subsequent chapters, such as the gender-based division of labor and female representation in the Judiciary as a way to legitimize this branch of government. The second chapter presents data from the National Council of Justice and other entities regarding female participation at all levels of the Judiciary, to provide an overview of female representation and the possible barriers that prevent its increase. The third chapter describes the policies implemented by the National Council of Justice to encourage female participation in the Judiciary, given the absence of autonomous action by the Brazilian courts. In conclusion, this thesis argues that the policy vacuum in this area that existed until recently has been filled by the concrete actions of the Council, which has coordinated and implemented mechanisms to increase female representation in the Judiciary.
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21
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Francisco Wellington Coelho Coutinho
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VALUING BRAZILIAN SEAFARERS IN CABOTABEM NAVIGATION
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Advisor : ANA CLAUDIA FARRANHA SANTANA
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COMMITTEE MEMBERS :
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ANA CLAUDIA FARRANHA SANTANA
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HENRIQUE ARAUJO COSTA
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Murilo Borsio Bataglia
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TAINA AGUIAR JUNQUILHO
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Data: Jul 2, 2024
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Show Abstract
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Understanding how Brazilians, who work in cabotage navigation, historically influenced the preservation of national security, by protecting maritime traffic and marine biodiversity, is the central point of this work. In view of this objective, the proposal presented is to identify which protective measures, through regulatory arrangements mediated with port authorities, public administration, judiciary, regulated and users, can be adopted by the regulatory agency of Brazilian waterway transport - ANTAQ, for the increase in training, qualification and number of Brazilian seafarer crew
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22
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Carolina Rego Borges
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Digital heritage: the (in)sufficiency of legal rules and the capacity for self-regulation by digital platforms.
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Advisor : HENRIQUE ARAUJO COSTA
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COMMITTEE MEMBERS :
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HENRIQUE ARAUJO COSTA
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ANA CLAUDIA FARRANHA SANTANA
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WILSON ROBERTO THEODORO FILHO
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Murilo Borsio Bataglia
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Data: Jul 4, 2024
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Show Abstract
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In the midst of a digitalized society, reflecting real life in the electronic environment, the objective is to investigate whether the legislation in force in Brazil is currently sufficient to regulate any succession of digital data from non-commercial users of the social media platforms Facebook, X and TIK TOK, as well as assessing whether the solutions they provide through their adhesion contracts could be adopted as a form of legal supplementation. Thus, the aim is to verify whether it would be up to the State to bring new and specific rules to deal with digital heritage or whether, given the existing rules, the best regulatory strategy would be to encourage people themselves to define the direction of their data through instruments. companies' contracts. Using qualitative research methodology and a national and international bibliographical review, the aim was to define what the digital arsenal of social networks would be and how their post-death succession would be protected in the legal field; define whether legal assets or personal data would be considered; analyze whether Brazilian legislation is capable of providing legal guidance for solving problems arising from the death of a social network user; clarify how self-regulation has become a plausible means of legal solution for specific niches of life that require speed and technicality, evaluate the contractual and self-regulatory instruments of social networks to manage digital data and verify how the State could regulate the issue, without limiting the parties' capacity for autonomy and the creative and self-regulatory dynamics typical of the internet.
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23
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Leonardo Sanches Ferreira
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THE RESOLUTIONS OF THE NATIONAL COUNCIL OF JUSTICE AS A REGULATORY INSTRUMENT: AN OVERVIEW OF NORMATIVE ACTIVITY FROM 2005 TO 2023
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Advisor : ALEXANDRE ARAUJO COSTA
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COMMITTEE MEMBERS :
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ALEXANDRE ARAUJO COSTA
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ANA PAULA ANTUNES MARTINS
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MARCIO NUNES IORIO ARANHA OLIVEIRA
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MARIA PAULA CASSONE ROSSI
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Data: Aug 19, 2024
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Show Abstract
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The National Council of Justice (CNJ) was established as a control body of the Judiciary, with the competence to oversee the administrative and financial performance of courts and the fulfillment of judges' duties. Composed of fifteen members with fixed terms, the CNJ has financial, administrative, functional, and decision-making autonomy, making it a regulatory body for judicial activities. One of the ways to exercise this regulation is through the issuance of resolutions, which have been recognized by the Supreme Court as primary normative acts, i.e., with the force of law. Since its inception, the CNJ has issued hundreds of resolutions. Given the importance of these norms, the research problem arises: what does the CNJ regulate? The general objective of this study was to map the normative activity of the National Council of Justice through an analysis of all resolutions issued by the body from 2005 to 2023. The quantities of resolutions issued and revised over time, the themes addressed by the CNJ, the number of resolutions with and without efficacy, and those subject to Supreme Court review were traced. The resolutions were also analyzed and classified according to a structured analysis model divided into 3 broad areas and 16 subfunctions, providing an overview of the CNJ's activities. It was found that, although most normative acts are focused on judicial administration, the CNJ also establishes rules and procedures related to the adjudication of cases, regulating not only the means but also the ends of judicial activity. A significant activity in the area of public policies was identified, promoting measures in favor of vulnerable and minority groups, evidencing a social responsibility agenda. Norms that dialogue with Sunshine regulation were also identified, notably benchmarking and "name and shame," through policies of rewarding good practices and disclosing results, highlighting the most and least efficient courts.
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24
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Mariana de Alarcão Romeiro e Mendonça
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Promoting justice through dialogue: Mediation at the Superior Court of Justice
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Advisor : HENRIQUE ARAUJO COSTA
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COMMITTEE MEMBERS :
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HENRIQUE ARAUJO COSTA
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ANA CLAUDIA FARRANHA SANTANA
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ANDRE MACEDO DE OLIVEIRA
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Vitor Sousa Bizerril
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Data: Aug 20, 2024
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Show Abstract
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This dissertation investigates the underutilization of mediation as a means of conflict resolution in the Superior Court of Justice (STJ), contrasting it with the prevailing trend of litigation. It is observed that despite the STJ's central role in setting precedents and promoting a legal culture, mediation is still seldom used, even though it may offer more effective, agile, and tailored solutions to the parties involved. The research, based on bibliographical and documentary methods, explores the concept of multi-door justice, analyzing the history and consolidation of alternative dispute resolution methods in Brazil. Additionally, an inductive method is applied to examine specific cases where mediation was used in the STJ, identifying best practices, obstacles, and opportunities for its expansion. The analysis focused on the decisions of the STJ's Private Law Panels, considering legal limitations regarding available and unavailable rights. The results suggest the presence of institutional and cultural barriers that hinder the broader adoption of mediation, while also pointing to potential guidelines that could contribute to promoting more efficient and accessible justice in the STJ. At the end of the study, proposals were presented for improving the use of mediation in the STJ.
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25
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Patricia da Silva Almeda Sales
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PRECEDENT MANAGEMENT: CHOICE OF REPRESENTATIVE APPEAL OF CONTROVERSY
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Advisor : DEBORA BONAT
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COMMITTEE MEMBERS :
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CRISTINA MENDES BERTONCINI CORREA
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DEBORA BONAT
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FERNANDA DE CARVALHO LAGE
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ROBERTA SIMOES NASCIMENTO
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Data: Sep 27, 2024
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Show Abstract
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Faced with a significant increase in mass and repetitive demands that overwhelm the judicial system, the management of the jurisdictional function has taken on an increasingly prominent role in debates concerning mass issues, gaining more responsibilities in national legislation as evidenced by the provisions established in the 2015 Brazilian Civil Procedure Code (CPC) related to the restructuring of Extraordinary and Special Repetitive Appeals. One proposed solution was the implementation of a microsystem for resolving repetitive cases within the 2015 Civil Procedure Code. This measure aims to provide greater procedural efficiency and legal certainty, simultaneously ensuring the use of references to previous judgments in similar cases. While research indicates a growing consolidation of a system of qualified pronouncements stemming from the 2015 CPC, there is a heightened doctrinal concern with the determination and clarity of the legal question from the outset, delving into the concept of stare decisis and its prospective binding effects. However, little is known about how to operationalize the selection of legal theses capable of being submitted to the position of controversy — a crucial internal stage within the Superior Court of Justice (STJ). Therefore, it seems reasonable to define criteria for optimizing the selection of theses in the phase preceding the admission to the Precedent and Collective Actions Management Commission (COGEPAC). The research aims to analyze the justifications for controversies that did not succeed. The hypothesis was that the service of identifying and selecting cases suitable for designation as Representative Appeals of Controversy (RRCs) was rejected, mostly at the admission stage or discarded on the pretext of not having matured within the Court. To this end, there was a documentary analysis of 284 canceled controversies available as public information on the STJ's website. In conclusion, criteria are outlined as guiding principles for selecting the original process from which the incident is initiated.
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