Penalty clauses have been the subject of relatively few academic studies, especially when dealing with a change in focus, which also implies a change in application or, in other words, implies abandoning the status quo in order to promote changes in accepted practices. This definitely leads to legal and cultural change. In Germany, for example, a review of penalty clauses began in the 1970s, but changes were only incorporated in 2002. In this sense, the goal of this dissertation is to verify the progress of Brazilian legal studies from a comparative perspective, in terms of resolving or overcoming the penalty clause. This is done from the viewpoint of the unitary theory or the dual function theory. To this end, we developed a theoretical characterization of the penalty clause, its modalities and functions, later presenting vulnerable points of this theory based on which solutions were described by Brazilian scholars. The study concludes that, despite cultural solutions taking time, progress is slow in Brazil. 

This text focuses on the research subject of surveillance advertising and its regulatory framework within the Brazilian normative framework. Based on this, the text is guided by the following research question: "Does surveillance advertising require specific regulation in Brazil, or is the current legislation sufficient to protect the consumer against surveillance advertising?" Consequently, two hypotheses were formulated in response to the posed question. The first suggests that surveillance advertising should be regulated with a new specific regulation to curb its practice, while the other hypothesis proposes that it is possible to protect the consumer through an updated interpretation of existing legislation. Having chosen the hypothetical deductive method, the text relies on bibliographic research supported by books, articles, specialized news websites, and government entities, in addition to judgments from Brazilian and foreign courts. In conclusion, it was found that surveillance advertising exacerbates the informational vulnerability of the consumer, can be considered abusive, and that the current legal framework is capable of protecting the consumer, provided an updated interpretation is applied.

In this work, I scrutinize sentences addressing the legal classification of the crime of sexual harassment at the first instance of the judicial process. The primary objective is to understand how judicial decisions have interpreted said crime, whether its criminalization has contributed to broadening the proportionality of the convictions regarding crimes against sexual freedom and dignity, and in what ways gender norms are articulated in judicial decisions  x 2  related to this crime.To achieve this, empirical and documentary research was conducted based on the study and selection of sentences involving the Article 215-A of the Brazilian Criminal Code – whether it be in the initial charges, in requests for reclassification, or in the convictions – published between 2018 and 2022 and made available for public consultation on the website of the Court of Justice of Minas Gerais. The methodology of analysis of choice was Grounded Theory, with the aim of conducting a research that centralizes the studied empirical materials, rather than trying to fit them into preconceived purposes. Pursuing a critical perspective on gender, I adopted the philosopher Judith Butler's understanding of gender and gender norms as sensitizing concepts. The analysis unfolds in two parts. Firstly, I analyze the types of behaviors described in the sentences and the debates regarding their legal classification, the different locations where the events occurred, characteristics such as gender, age, and vulnerability of the victims, and their relationships with the defendants. Secondly, I analyze the arguments of the judges, focusing on categories that emerged as key elements of analysis during the research process: “violence or serious threat”, “lewd act”, and the intent to “satisfy the lust”. Finally, I highlight these three categories as central axes for the development of a critical perspective and clear legal parameters regarding sexual crimes, as well as tools for (re)producing gender regulations, as they are instrumentalized to produce discourses that conceal the gendered power dynamics at play in the field of sexual violence. 

This research proposes to examine the limits and possibilities for worker-owned organizations in the context of work mediated by digital platforms from the perspective of work and social rights. The investigation aimed to present an overview of worker-owned organizations in Brazil, through the presentation of some experiences of these organizations, from intersectional, decolonial and countercolonial lenses. By presenting the main aspects of a complex, interdisciplinary topic, the purpose is to interpret worker-owned organizations as an alternative to platform capitalism, despite its contradictions and obstacles. As an investigation method, in addition to bibliographical research, secondary source research was used, in which audios were recorded of the speeches of members of organizations owned by workers at three different events in which they debated the topic. In this way, this investigation is committed to: understanding what can be considered as organizations owned by workers; understand how worker-owned organizations relate to the solidarity economy and cooperativism; confront such experiences with the political construction of quilombos as the essence of American cooperativism, starting from a point of epistemological inflection; understand, in light of the concrete experiences analyzed, the limits of regulation applicable to cooperativism; expose, according to the data collected, the main potentialities, as well as the main challenges faced by worker-owned organizations.

This paper deals with the social disappearance of black women in Brazilian society. Social disappearance is a strategy for maintaining power, and for this research it is analyzed in the light of race and gender. Brazil's history is built on the slavery regime, which lasted for 388 years, and its repercussions are still felt by the black Brazilian population today, and because of this construction, black women are assigned to the bottom of society's pyramid. In this sense, it is important to understand the ways in which social disappearance operates from the updated practices of colonialism, which reinvents itself as necessary to maintain power. During the COVID-19 pandemic, the data provided has not been concise with regard to race, and race and gender, so although there is a suspicion of underreporting, black women are still the main victims of the pandemic period. The analysis based on bibliographic research combined with an analysis of the data provided during the COVID-19 pandemic shows how there is a systematic lack of public policies aimed at black women, which in the pandemic context has been translated into scarce/underreported data when considering the intersectionalization of race, gender and class. The literature review points out that it is essential to think of a strategy to combat the social disappearance of black women based on the Right to Memory for the resignification of black women in Brazilian society.

The present research examined whether, in Brazil, the regressiveness of the tax burden has its primary element of differentiation in racial issues, based on the observation that the Brazilian taxation system does not adhere to the constitutional principles of equity, contributory capacity, and progressivity. This results in the penalization of Black individuals. These deleterious effects stem from political choices that make taxation regressive in Brazil. The research method employed was predominantly theoretical and qualitative, supplemented by secondary quantitative data. Drawing on concepts from Critical Theory, critical Tax Law, Tax Matrix, and racial inequalities, among others inherent to Brazilian taxation, it was concluded, after traversing the described path, that it is crucial to relate the Brazilian Tax Matrix to race to understand the iniquities, as taxation serves as one of the drivers of the promotion and maintenance of racial inequalities in the country. Finally, we presented some studies conducted in Brazil that begin to introduce this debate and the formation of a field of knowledge called Taxation and Race.

This dissertation assumes that, although there is a robust set of norms and principles of public international law to regulate the circulation and trade of cultural goods, there are some insufficiencies of the international regime to give effectiveness to the protection of the cultural heritage of humanity in a way that general. This is because there are relevant issues of private international law pending harmonization and acceptance by international society, such as determination of jurisdiction, determination of applicable law, prevalence of certain principles and customs within the scope of international cultural heritage law and even difficulties in applying foreign law in the domestic sphere.

The objective of the present work is to critically review the set of norms and principles present today for the protection of cultural heritage during conflicts and in times of peace, in order to assess how the restitution and recovery of cultural assets have been carried out in practice. This is intended through the application of a methodology of analysis and study of cases and judgments relating to resolving disputes involving cultural assets in different contexts, as well as through a bibliographic survey in doctrine and multilateral treaties aimed at protecting cultural heritage.

As a basic premise for the proposed study, it is noteworthy that cultural assets have particular aspects of public law, given the objective of their preservation for the global community, but also of private law in relation to their use and enjoyment by an individual or state. As an expected result, the importance of private international law was demonstrated through the harmonization of tools and mechanisms related to dispute resolution to enable legal security in transactions involving cultural goods and the repatriation of such goods in the case of illicit operations in the art market.

[Purpose] The purpose of this paper is to analyze the existing relationships between theories of collaborative regulatory governance (new environmental governance and collaborative water governance) and the institutional experience observed in the governance of the Paraíba do Sul Watershed. Based on this relational approach, collaborative water governance arrangements observed in the studied watershed are analyzed, in order to investigate how these arrangements contribute to increasing the effectiveness and legitimacy of water resource management, by galvanizing instruments of the National Water Resources Policy and strengthen the integration and cooperation of public and private actors operating in the watershed.

[Methodology/approach/design] The analysis is built from a relational perspective between the framework provided by the theories of collaborative regulatory governance and the observation of institutional practice in the Paraíba do Sul Watershed, in order to identify collaborative arrangements that conform to the theoretical apparatus set and outline ways to improve and expand the arrangements, aiming a greater effectiveness and legitimacy of water management in the watershed and achievement of regulatory objectives.

[Findings] Collaborative water governance arrangements were identified in the Paraíba do Sul River Basin aimed at the implementation of the National Water Policy instruments (water plans, grant instruments, charging for water use, informational systems and payments for environmental services), which can be improved and expanded based on the theoretical apparatus provided by theories of collaborative regulatory governance. Furthermore, the adoption of the regulatory approach proposed by the theories studied in the regulatory practices observed in the examined watershed establishes an institutional path for enhancing cooperation and integrating actions of sectoral actors.

[Practical implications] As empirically demonstrated by studies of collaborative regulatory governance in the water sector, the construction of collaborative arrangements in water management contributes to greater effectiveness and legitimacy of water policies and to the reduction of regulatory costs.

[Originality/value] This paper proposes a new approach to the study of water regulation in the Brazilian institutional context, based on theories of collaborative regulatory governance developed in the light of institutional experiences in countries that have implemented successful water management models, such as Australia, New Zealand and the United States.

This master's dissertation addresses the process of drafting the first gender-parity Constitution in history, written in Chile between 2021 and 2022, still under the effects of the fiery popular uprisings known as estallido social. The fundamental question of the research was: What political mechanisms and social practices contributed to Chile being able to write a gender-parity Constitution unprecedented in the political history of the world? The answer to this question was sought through analysis of the massive presence of female bodies on the streets of Chile, starting in 2019, and through the reflection on this analysis. Methodologically, the research was conducted through fieldwork in the cities of Santiago and Valparaíso, and took on an ethnographic character, based on participant observation. Theoretically, we maintained proximity both with authors who present a critical stance regarding Chile's political life over the past 30 years, as well as with feminist debates carried out by Chilean female authors, as well as female authors from other countries. As a result, the research concluded that the massive presence of women on the streets was fundamental to the drafting of the aforementioned Constitution, using various strategies to raise awareness in the country about their issues and to insert them in the Constitution. Despite the Constitution having undergone a plebiscite and having not been approved, the milestones that were consolidated throughout the process remain, leaving behind a legacy that results in an accumulation of experience for the continuity of struggles that may be capable of altering the social, political, and legal reality of Latin America

This research has as its object of analysis the National Bank of Genetic Profiles (BNPG) and the construction of the genetic-criminal identities of convicted and investigated people. Thus, we started from a bibliographic review and a document analysis in order to, with the help of the epistemological basis of critical criminologies and foucauldian categories, observe whether there would be production or amplification of processes of discrimination and stigmatization of people subjected to genetic identification. Therefore, we present a preliminary discussion on identification and its development throughout criminological histories, situating it as a tool for the biopolitical management of bodies and populations, from positivism to actuarialism, as well as observing its function from the analytical point of colonial processes of creation of racial difference. In addition, we deal with the phenomenological factors that link management and surveillance technologies, such as the myth of technical-scientific neutrality, as well as observe how the determinations of the regimes of visibility, transparency, opacity and illegibility act in the instrumentalization of such techniques of social control. With this in mind, we exposed the dynamics that shaped the consolidation of genetic-criminal identification in 1 Brazil through the BNPG, pointing out its constitutional, bioethical, and criminological controversies. Finally, we carried out, through the elements brought by the literature review, the analysis of some documents that make up the regulatory structure of the BNPG, in order to verify how personal identification data are or can be instrumentalized in order to generate violations of fundamental rights and contribute to the dynamics of selectivity in the punitive system.

The main goal of this dissertation is to analyze Sweden's feminist foreign policy based on Afro- diasporic authors of the US and Latin American black feminism, such as Angela Davis, Patrícia Hill Collins, Lélia Gonzalez, Sueli Carneiro, Ana Flauzina and Thula Rafaela Pires. Based on the methodological question, “what contributions can black feminism make to the debate on feminist foreign policy?”, we adopted as the focus of analysis Sweden’s role as a non-permanent member of the UN Security Council (UNSC), between 2017 and 2018. This study was carried out in the form of an exploratory research, whose main methodology used was content analysis of official papers published by the Swedish government and the UNSC, that is, secondary data sources. Throughout the research, it was observed that the Women, Peace and Security Agenda (WPS) was the main focus of Sweden's feminist foreign policy within the Council, and this agenda also influenced the elaboration of Sweden's own feminist foreign policy, then nascent. Therefore, it also proved to be necessary to undertake an analysis of this agenda. Due to the fa ct that the UN Security Council is a very particular environment, with its unique operating logic and working methods, it was crucial, in the first chapter, before undertaking the analysis of the selected  documents, to critically present the Security Council, emphasizing the possibilities and limits of this institution to advance a feminist agenda. To answer the methodological question, two major theoretical frameworks were mobilized in this study, the political-cultural category of Amefricanity, as formulated by Lélia Gonzalez (2020) and the concept of penal abolitionism, as thought by Angela Davis (2023, 2003). At the end of the dissertation, we came to the conclusion that black feminism, in general, and the concept of Amefricanity, in particular, contributes to the problematization of the universal and hegemonic concept of “woman” and, in doing so, denounces racism inherent in this universal formulation; for the reframing of sexual violence against women, during occupation processes and in militarized environments; for criticizing the association commonly made between militarism and masculinity. Finally, th e WPS Agenda's focus on the criminal justice system was analyzed through the lens of abolitionism. It was concluded that the current approach is inadequate, as punitivism feeds back on militarism, as well as reaffirms, recreates and legitimizes racism and sexism. Finally, given the persistent difficulties in the Security Council's working methods, related to the lack of transparency and democracy, we argue that, for these proposed epistemological turns to occur, other spaces of dialogue and debate must be fostered.

The implementation of electronic judicial systems plays an important role in the modernization and efficiency of the legal system. In the border region of Oiapoque, this transition to technology not only reflects an evolution in the way justice is administered, but also has significant implications for access to justice for citizens. The objective of this work is to analyze and understand the impacts of the implementation of electronic judicial systems in the border region of Oiapoque, focusing especially on access to justice. The present study used bibliographic research as a fundamental method for data acquisition, using the exploration of databases that house a vast amount of research and literature related to the research topic. Bibliographic research is a valuable tool that allows access to publicly accessible academic studies, covering sources such as books, articles, theses, monographs, among other resources. The implementation of electronic judicial systems in the border region of Oiapoque represents a significant advance in access to justice. Throughout this work, we explore how the introduction of these technologies has positively impacted the efficiency and effectiveness of the judicial system in that specific geographic area. The use of electronic systems contributes to the speed of legal proceedings. The digitization of documents and procedures significantly reduces the time needed to process cases, allowing a faster response to citizens' demands. This agility is particularly relevant in a border region, where judicial needs can be diverse and complex.

This dissertation addresses gun control in Brazil, based on established rules and authorities vested with power, such as the Army and the Federal Police. The two institutions have a culture of secrecy in common, which compromises transparency and accountability to society. From the perspective of critical criminology, we explore loopholes in oversight, which lead to state capture and, ultimately, corruption. We evaluate actors involved in decision-making processes, both in the public and private sectors. We highlight the political influence on these military and police agencies, which, historically, regulate important aspects of social life, especially in authoritarian periods of Brazilian history. The research identified weaknesses in the weapons inspection of the two corporations, most strikingly in the case of the military, but no less important among federal police officers, given the ease of capture by members of the central government itself and corporate lobbyists. 

This study analyses the adequate representation of absent litigants as an requirement for access to justice in the formation of binding precedents in the Brazilian Superior Court of Justice, considering that, when certain subject is indicated for judgment under the system of repetitive appeals, only the parties involved in the representative cases of the controversy are authorized to present 

their arguments before the Court. The repetitive subject establishes a necessary dialogue between the adoption of a precedent system in Brazil and the impact of this new procedural paradigm on the constitucional guarantee of access to justice, here examined from different perspectives - not only within the context of the entry-permanence-exit triad of the Judiciary -, with the promise of equality of arms as a safeguard for the effectiveness of rights. In this scenario, it is assessed whether the existing mechanisms for selecting representative cases of controversy and the adoption of instruments of social participation, such as the admission of amicus curiae and the holding of public hearings, are capable of compensating for or, at least, mitigating the absence of direct participation by absent litigants, due to the stay of proceedings or others appeals with direct interest in the judgment of the repetitive appeal, whose thesis will be applied to all of them. Finally, based on the diagnosis reached, the introduction of measures is suggested that may assist the Court in universalizing access to justice, through better utilization of instruments of democratic participation in the process, aligning this work with the research project "Universalization of access to justice through the democratic practice of participation and expression of the other's perspective", authored by the Professor Doctor Daniela Marques de Moraes.

The objective of this research is to point out, from the perspective of the Legal Analysis of Economic Policy, what would be the legal-institutional design that the Real Digital should have to better promote the structuring of the material basis for the effectiveness of subjective rights, as well as what transformations would more appropriately serve the purpose of promoting the increase in economic equity, with a view to discussing positions on the creation of a Central Bank Digital Currency (CBDC) in Brazil, in the way the Central Bank of Brazil presented the policy, critically evaluating the option on the legal-institutional formatting of a CBDC in Brazil. It is concluded that, considering the legal and political desiderata relating to the need to promote the equitable effectiveness of the subjective rights of all individuals, the guidelines stipulated by the Central Bank of Brazil are not sufficient to make the conduct of monetary policies. In this sense, so that the issuance of digital currency can promote greater economic equity, recommendations were presented to the Real Digital Pilot Project

The present study aimed to map the Claims of Non-Compliance with Fundamental Precepts (ADPFs) with structural requests proposed at the Federal Supreme Court (STF) in the period from 01/2014 to 12/2023. This is descriptive research, in which the initial petitions of 790 ADPFs were examined, extracted from the STF website itself, cataloging for analysis those with requests for structural provisions. The investigation carried out, in addition to allowing the mapping of the structural actions that reached the Court in the last decade, makes it possible to develop empirical research in Law and a better understanding of the Court's performance in the structural context, especially with regard to receptivity. As main findings, it is possible to state that: i) not a large number of ADPFs with structural requests were proposed in the last decade (23 ADPFs were cataloged as structural); ii) political parties are the biggest litigants in the structural demands filed; iii) the Attorney General's Office (PGR) did not propose structural ADPF in the mapped interval; iv) there is relevant use of structural ADPFs to protect minority groups; v) injunctions are granted, as a rule, in a monocratic manner; vi) the STF does not adopt stable parameters when allowing, or denying, the follow-up of ADPFs with structural claims.

This research aims to understand the repercussions that the visibility regimes created by platforms have on the mental health at work of digital influencers from the prism of the fundamental right to decent work. Initially, the research seeks to locate the work of digital influencers in the spectrum of Sociology of Work and Critical Social Theory, especially in the quality of value-generating immaterial labor inserted in the cycles of production and circulation of capital. The concept of visibility regimes is then presented to highlight its relationship with the conformation of subjectivities and the organization of work on digital platforms. From the labor key, we will try to identify how the platforms, through the structuring of visibility regimes, will control and organize the work of platformized workers, especially those who are active in the production of content. In a second moment, the research locates the work of digital influencers in the paradigm of the cultural industry and identifies the technological, cultural, economic, industrial, political and ideological elements that allowed the emergence of digital influencers as workers. Once this history is consolidated, we move on to the analysis of the work of digital influencers, based on the studies of social media and Communication, to understand the intricacies of this activity, its constitutive elements and main contours in comparison with social and algorithmic requirements. Also in the description of the object of the research, the legal contours of the work of digital influencers will be traced from the characterization of informality, the need for recognition and labor protection. The last chapter of the research seeks to understand how the analyzed phenomenon is perceived by Labor Law in its constitutionalized matrix through the prism of the fundamental right to mental health at work as a component of dignity at work. An analysis based on constitutional values, in comparison with the work environment and health, will be made on factors that delineate the work of digital influencers, such as exhaustion and work overload, the opacity of platforms in relation to remuneration and the disposability of the work product of these subjects. These three elements will be used as an analytical basis for a critique in favor of the expansion of the protective matrix of constitutionalized Labor Law that considers the social and environmental conditions, as well as the value of work, in the face of the new configurations of work in the digital age. With contributions from the Sociology of Work, Critical Social Theory, Communication, surveillance studies, social media studies, Psychodynamics of Work, among others, the present research uses the methodology of interdisciplinary literature review to, initially, map the factual, cultural and communicational elements of the work of digital influencers and, then, read them from the legal perspective, updating the labor law bases for understanding the new forms of work that emerge in the digital context and their exploitation in contemporary capitalism.

The work investigates the legislative discourses articulated within the scope of the National Congress approval of Constitutional Amendment (EC) No. 95, of 2016 (Spending Cap), which implemented, in Brazil, the New Fiscal Regime (NRF), aiming to verify how the legislative justification for the constitutional amendment occurred, especially considering the context of political and economic turbulence at the time. The norm played a fundamental role in addressing fiscal issues in the country and influenced many political and economic decisions in the subsequent years. The shorthand notes of the Constitution and Justice and Citizenship Committee, the Special Committee, and the Plenary, all from the Chamber of Deputies, as well as the Constitution and Justice Committee and the Plenary of the Federal Senate, all referring to the processing of Constitutional Amendment Proposal (PEC) No. 241/2016 in the Chamber of Deputies (PEC No. 55/2016 in the Federal Senate), approved as EC No. 95/2016, were analyzed. The methodology used was based mainly on A. Daniel Oliver-Lalana's concentrated hypothesis, with contributions from Manuel Atienza and Roberta Simões Nascimento. This dissertation is divided into four chapters. The first is dedicated to presenting reflections on the relevance of studying legislative argumentation for legal theory, as well as theoretical and methodological contributions related to empirical research on legislative argumentation. The second chapter focused on the political and economic context that preceded the submission of the legislative proposal to the National Congress, as well as the presentation of conceptual aspects of the New Fiscal Regime. The third chapter describes the arguments articulated by the congressmen, as well as the parliamentary tactics used along the way. Finally, the fourth chapter was dedicated to the analysis and evaluation of the legislative reasons, according to the determined analysis model. It was concluded that, during the parliamentary debates, arguments and counterarguments were articulated regarding the core points of the debates. The presence of variety (diversity), depth (detail), and relevance (appropriateness) of arguments was observed, with a predominance of instrumental (teleological) and axiological correction (ethical) reasons in legislative debates, interspersed with digressions and opposition speeches. It was understood that the legislative measure was sufficiently justified from an internal point of view. On the other hand, inconsistencies were identified in the premises of proposing the legislative measure, in terms of plausibility, as well as many assertions of moral content, such as speeches about austerity. From an external perspective, the justification was incomplete. The importance of the empirical study of legislative reasons based on parliamentary debate was reinforced, considering the possibilities of apprehending contextual elements of legislative dynamics, such as parliamentary discursive and behavioral strategies, which allows for a better understanding of the political, legal, and budgetary decisions adopted in the country

The research aimed to analyze the political dialogues engaged on social networks, framing them as a crucial role in democratic consolidation and the expansion of political understanding, particularly by facilitating citizens' participation in electoral processes and enabling the emergence of future political leaders. This dialogic process of political debate is seen as a way to strengthen democracy through the dissemination of opposition ideas and enabling political alternation with the strengthening of democratic practices. The hypothesis raised suggests that the dialogical perspective of political advertisements, with the potential regulation of negative advertising, not only increases citizen participation but also improves political understanding by fostering enlightened and inclusive debates, reflecting the criteria of an effective democratic process as defined by Robert Dahl. Habermas's conceptualization contributes to this discussion by emphasizing that the quality of democracy depends not only on consensus but also on the existence of space for disagreement and critical debate, which are fundamental for a vibrant and dynamic democracy. Additionally, the research highlights the importance of independent information sources, identified by Dahl as essential for a robust democratic state, which can also be observed in the interactions and iterations manifested on social networks, where citizens can debate and disseminate information. The study analyzes the role of the Electoral Justice in regulating this political content manifested on social networks, to ensure the equity and legitimacy of electoral processes and prevent abuse of power. To achieve its objectives, the research is based on literature review, analysis of applicable legislation, and rulings from the Supreme Federal Court and the Superior Electoral Court. 

Cryptoassets are disrupting the traditional financial system and hold the potential to reshape economic practices globally. As a result, various countries are actively developing regulations for these assets, including Brazil. This study examines the interplay between law, political economy, and information technology in the evolution and regulation of cryptoassets. It delves into how differing views on the nature of money have shaped economic practices over time and their connection to the concept of cryptocurrency. Moreover, it explores the friction and interactions between legal frameworks and computer code, assessing how these dynamics contribute to the rise of cryptoassets. Within the Brazilian context, the study looks at the development of cryptoassets' regulatory framework through the lens of the Legal Analysis of Economic Policy, using this approach to explore how such regulation might impact the enjoyment of subjective rights. It proposes a framework for analyzing potential impacts of cryptoasset regulation on housing rights and suggests a model that could be adapted to other fundamental rights.

This study analyzes situations in infrastructure sectors in which the market and society were harmed, resulting from the existence of regulatory gaps. These gaps occur when the regulator should act but does not – or does so in an inefficient and untimely manner. From the study of three cases from the civil aviation, electric energy, and rail freight transport sectors, we sought to define characteristics that demonstrate the likely existence of a regulatory gap, requiring regulatory action. Four initial characteristics were identified, namely: (a) occurrence in infrastructure sectors; (b) existence of essential facilities; (c) markets in which two regulatory 2 agencies need to work together; and (d) existence of agents that urge for a structure that allows greater efficiency in providing the service. To solve these problems in a more structural way, there was a need to seek the best regulatory theory to be applied in these scenarios. Although the theory most used by Brazilian regulators is responsive regulation, it was recommended that the use of positive regulation theory would be more appropriate to solve problems arising from the existence of regulatory gaps. The latter gives the regulator the necessary mechanisms to avoid the perpetuation of regulatory gaps, based on its objective of promoting market competitiveness and its methodology, which involves the definition of clear objectives and the alignment of expectations with those regulated, to encourage them to comply with the regulatory proposal.

National mechanisms for the implementation of human rights decisions have sparked intense institutional and academic debates. These discussions revolve around the relationship between compliance with Inter-American decisions and the adoption of specific national structures for their implementation. In this context, this research examines how the Unit for Monitoring Compliance with Judgments of the Inter-American System of Human Rights (UMF/CNJ) operates regarding the compliance and impact of judgments issued by the Inter-American Court of Human Rights concerning the Brazilian state. The general objective is to shed light on the activities developed by the mentioned Unit that have contributed to the fulfillment of reparations measures established by the Inter-American Court. Furthermore, it seeks to analyze the potential limits of its action and mandate. To this end, the activities carried out by the UMF/CNJ from 2021 to 2023 were analyzed in conjunction with the Inter-American parameters developed in the respective judgments examined, as well as the regulations governing the UMF/CNJ's duties. It starts from the premise of the need for the humanization of international law taught by Cançado Trindade, the existence of various challenges inherent in International Human Rights Law, particularly concerning the relationship between domestic and international law, as well as the need to build pathways to guarantee human rights in a dialogical and empirical manner, as taught by George Galindo. From a critical standpoint, it was possible to identify the contributions and limitations of the UMF/CNJ. In this sense, the adoption of a methodology based on human rights monitoring indicators is proposed to provide greater objectivity and precision in institutional action.

The present study aims to understand the experience of Black individual swho have suffered racial discrimination and whether they perceive that reparations have been made for the damages caused to their dignity. Black individuals live with racial prejudice as a stigma present in Brazilian society, often without redress. The aggressions they endure serve as a daily reminder that the image reflected in the mirror will not necessarily be associated with who they perceive themselves to be, but rather with stereotypes deeply rooted in Brazilian culture, a legacy of a slaveholding and colonial past that permeates institutions, vernaculars, and the population's imagination. Initially, the study presents interviews with Black individuals who have experiencedracial discrimination, followed by an analysis of the concepts of Race,Prejudice, and Identityand howthey relate to the interviewees. Subsequently, an analysis is conducted on some anti-discrimination legislative instruments and their impacto on combating racial discrimination, followed by final considerations regarding the existence of moral reparation for victims of racial discrimination and the possibility of implications forfuture research.

"The general aim of this thesis is to analyze the limits and constraints imposed on state agencies when processing personal data in activities related to criminal prosecution. Among its specific objectives, the aim is to identify the boundaries (or standards) for the validity of data processing in criminal prosecution, as well as to verify whether – and in what situations – prior judicial authorization is required, always from the perspective of the fundamentality of the right to the protection of personal data. For this purpose, the evolution of the issue of the protection of personal data on the positive-normative and jurisdictional levels in Brazil will be critically analyzed in the light of the theory of garantism and in its dual conception for criminal procedures, focused at balancing the protection of the fundamental rights of defendants and suspects with the trans-individual fundamental right to an efficient investigation and the fair sanctioning of criminal conducts".

The theoretical common sense that has historically been formed around the General Theory of the State (GTS) – seen by many jurists, even today, as just a neutral and desirable analysis of the state phenomenon – presents itself as quite problematic. In contraposition to this widespread narrative, the historical context in which the GTS emerged in Germany around the second half of the 19th century, as well as the thought of authors such as Hegel, Stahl, Gerber, Laband, Gierke and Jellinek, underline that this legal field constituted itself also as a school of thought with a quite clear political aspiration, based on positivist and organicist premises, to legitimize the Monarchical Principle, in opposition to the liberal constitutional principles of popular sovereignty and separation of powers. In fact, it is possible to observe a functional equivalence between this doctrinal tradition of the germanic GTS and the peculiar reinterpretation of the theory of the Moderating Power originally proposed by Benjamin Constant during the Brazilian Empire, not only due to their common political origins (restorative tradition of the french Charte of 1814 and of the Congress of Vienna), but also due to the concrete role that the two traditions played in their respective contexts precisely with regard to the legitimization of conservative political agendas sheltered, to a large extent, by the symbolic-constitutional role of the Monarch. With the proclamation of the Republic in 1889, specters of the Moderating Power reappeared in the form of exceptional constitutional measures (state of siege and federal intervention) within the Governors' Policy, which, in turn, represented a true republican functional equivalent of the imperial Moderating Power in its search for conservative political stabilization and curtailing the sovereignty of the people. With the Revolution of 1930, Brazil reached the Welfare State paradigm, experiencing flexibility in the principle of separation of powers in a context of great political centralization around the Executive Branch and the President of the Republic. The short period of validity of the 1934 Constitution was marked by the escalation of political crises and by Vargas' nostalgia for his unlimited powers at the time of the Provisional Government. In this context of political tensions, the Estado Novo coup of 1937 marked the institutionalization, in Brazil, of a “constitutional dictatorship” and, with it, of a peculiar segment of the General Theory of the State that emerged in the midst of the Methodenstreit played around
the Constitution of Weimar, which recreated the classic 19th century GTS: the authoritarian Constitutional Theory of Carl Schmitt through Francisco Campos, the author of the 1937 Charter. With the issuance of Decree-Law nº
2.639/1940, which divided the chair of Public and Constitutional Law into the chairs of General Theory of the State and Constitutional Law, the GTS was institutionalized in Brazil and began to operate in a double-edged authoritarian way, as a state doctrine and, at the same time, as a university chair capable of opening up a privileged academic space for constitutionalists aligned, even if momentarily, with the Estado Novo regime. At this point, this thesis aims to underline the concrete effects of the aforementioned decree in the four main Brazilian Law Schools in the1940s (National Faculty of Law, Faculty of Law of Minas Gerais, Faculty of Law of Recife and Faculty of Law of São Paulo), in order to demonstrate power dynamics led by “adaptable jurists”. Finally, in the last chapter of the thesis, a re- reading of the General Theory of the State will be undertaken in light of the Democratic Rule of Law, in order to establish that the complex constitutive tension between the public and private spheres of society in this paradigm requires not only that we “brush against the grain” (Walter Benjamin) when approaching the authoritarian history of the aforementioned discipline, but, above all, that its most ingrained authoritarian assumptions be finally laid bare and reread by democratic constitutionalism, especially by the principle of popular sovereignty, thus no longer admitting the existence of an untouchable instance of absolute power represented by the Monarchical Principle or the Moderating Power (whether exercised by the Executive Branch, the Legislative Branch, the Supreme Court, the Federal Prosecution Service, the Army or even the market), whose anti-democratic specters still hover over Brazilian constitutionalism.

The climate emergency becomes the inescapable state experienced by a modernity originated in created risks, various forms of inequalities, and the accentuation of vulnerabilities of certain groups of people due to climate/environmental issues. Thus, being a black person, a woman, a child, an Amazonian, a resident of hills, slums, and slopes, being quilombola or belonging to indigenous peoples, being a inhabitant of the Global South have become decisive characteristics regarding the expansion of violence on the minimum rights derived from climate-related issues. In this context, climate/environmental disasters – the most evident result of an unbalanced environment – have served, or should serve, as a focal point for the implementation of public policies capable of reducing inequalities to which the most vulnerable groups are exposed, and ensuring everyone's minimal enjoyment of rights such as housing, health, quality transportation, access to full employment, clean water, and the right to breathe clean air. This advocacy finds shelter in the equity movement called climate justice. From this perspective, pointing out, analyzing, and guiding how disaster public policies can ensure, through the fight for rights, a climate justice combating vulnerabilities of various kinds becomes the main objective of this doctoral thesis. From this, other specific objectives unfold, namely: a) identify inequality markers resulting in climate injustices in Brazil; b) identify the main causes and consequences of environmental disasters; c) understand climate justice in the realm of recognizing the struggle for the survival of vulnerable groups; d) analyze the vulnerability concept applicable to the purposes of this thesis; e) understand why the planet is experiencing a climate emergency; f) propose innovative public policies to address environmental disasters; g) present the concept of climate justice, which should underpin disaster public policies, a concept still presented in mathematical language. Given the stated problem and objectives, the introduction reserved space for addressing methodological and research-related definitions. The methodological path taken in this thesis involves the use of deductive reasoning, starting from the analysis of the use of climate justice as a procedure and/or content in the claim for rights in the environmental/climate field. The research development was divided into two moments. In the first, the climate justice movement was described from its occurrence to the equity dimension it currently has, emphasizing the struggle for the survival of vulnerable groups as a form of seeking justice. In the second, the focus was on the concept and other relevant issues related to environmental disasters and combat public policies.In light of the journey taken throughout this writing, the perception arises that this research can serve as a path to reduce disaster risks and protect vulnerable individuals in this context. Therefore, there is an unwavering advocacy for the implementation of public policies to combat disasters, ensuring the applicability of climate justice as a constant proportion in disaster prevention and responses. Thus, finally, in the conclusion, a mapping tool is proposed to measure the applicability of climate justice in disaster public policies based on objective and subjective criteria.

This doctoral thesis is part of the line of research “Legal Institutions, Separation of Powers and Constitutional Process”, of the Graduate Program in Law at UnB and investigates the historical problem of judicial arbitrariness, as an expression of the frustration of judicial expectations in the functional performance of magistrates, and the sociopolitical responsibility of the Judiciary for the legitimacy of these practices. The doctoral thesis deals fundamentally with the dynamics of the decision-making process of this activity, the centrality of intellectual-judicial work and the reactions of the Judiciary Branch in order to make democratic institutionality prevail in this context, suggesting the use of attitudinal measures as a relevant strategy for strengthening jurisdictional expectations linked to the self-control of judges and the co-involvement of these agents in resolving this institutional dysfunctionality. From a methodological point of view, the research was based on a qualitative approach of bibliographical review with documentary analysis. The conclusions were that, based on the various aspects of the connection between the situation of agent of power - in the administrative field - and the situation of judge of causes- in the jurisdictional field - it is feasible to enhance attitudes and postures tending towards convinced awareness, discernment and predispositions in order to move forward in the challenge of realizing sound decision-making practices.

The 2015 Civil Procedure Code represents a new procedural regulatory benchmark, which grants an unprecedented strength to the use of court cases, in a broad and systematic means, promoting the effective integrity of the Law. As of that mark, it is possible to observe the existence of a system of judicial precedents adapted to our culture, in which the mandatory judicial precedent is put into evidence. The incorporation of those precedents must impact the figure of legal reasoning and teaching, as developed in Brazil until now. By promoting the comprehensibility and density of the legal order, the mandatory judicial precedent is presented with the status of a primary source of law and its interaction with the law itself gains relevance. In addition, it undertakes the mission – that was previously exclusive of the law – of promoting legal security and equality before the legal norm. Facing that scenario, the mandatory judicial precedent is identified as an efficient instrument to the materialization of the United Nations 2030 Agenda. As a result, the use of the mandatory judicial precedent beyond the process dialogues with the research project: “The universalization of access to justice through the democratic practice of participation and expression of the other's perspective“, once it focuses on the full access to justice.

Latin America has very rich and complex past experiences in matters of international law, with renowned international lawyers, such as Manoel Álvaro de Souza Sá Vianna, Alejandro Alvarez, Andrés Bello, and Carlos Calvo. The debate led by Sá Vianna and Alejandro Alvarez, at the beginning of the 20th century, about the existence of American international law, for example, is well known in Brazil and Latin America. The role played by Sá Vianna, however, has been neglected by the Latin American historiography of international law. It is common for his position to be presented only as a counterpoint to Alvarez's opinion, suggesting that he was a discordant voice in the intellectual scene of the time. This thesis is situated in this historiographical gap. From historical contextualism, it sought to review Sá Vianna's arguments to understand what the idea of universalism of international law that he defended consisted of. The Brazilian intellectual context from the turn of the 19th to the 20th century was analyzed, as well as the context of international law at the time in Latin America and Europe. The central argument is that Sá Vianna's universalist perspective did not correspond to a political alignment with Europe to the detriment of regional interests, but it consisted of valuing theoretical aspects of the discipline and rejecting US imperialism promoted by Pan-Americanism. Sá Vianna's universalism can be understood from two conclusive statements. First, the author considered it impossible theoretically and logically to support the existence of an “American” “international” law. The ideas of universalism and regionalism are exclusionary. International law is the set of legal norms that has been agreed upon by all nations and is therefore applicable to all of them. Having been subject to universal adjustment, it is not possible to give it a regional connotation. Second, there was a political project underlying the defense of American international law, a project that was contrary to the interests of the American continent. In this sense, raising the banner of a continental international law, along the lines propagated by Pan-Americanism, was not interesting to Latin American countries, as it encompassed a project of political-economic domination through that same legal body of regional norms.

This paper analyzes the theme of ineligibilities in cases of administrative misconduct, focusing on the debate around the application of penalties before the final judgment of the conviction, as specified by the provisions of subparagraphs g and l of paragraph I of Article 1 of the Ineligibilities Law (LC No. 64/1990), amended by the Clean Record Law (LC No. 135/2010). It addresses the punitive legal nature of ineligibilities to define the inconsistencies in their implementation before the final judgment of the conviction decision, for violating the presumption of innocence, being incompatible with the punitive nature, and generating inequality in the treatment of candidates. To correct the lack of predictability in the duration of the suspension of passive electoral capacity, the Administrative Misconduct Law (Law No. 8.429/1992, amended by Law No. 14.230/2021) mentioned, albeit timidly, electoral provisions in some of its devices. Especially in Article 12, § 10, it alludes to the deduction of the time of suspension of political rights from the period of ineligibility, with the aim of avoiding situations where the ineligibility period exceeds the time of suspension of political rights. Despite the intention to generate greater legal certainty in electoral matters, it is evident that the norm still lacks technical robustness to differentiate the suspension of political rights from ineligibilities resulting from sanctions for misconduct. Nevertheless, there is a notable advancement in the discipline of the intersection of administrative law with electoral law. However, the Supreme Federal Court suspended the effectiveness of this rule because it may violate the prohibition against regression and the principle of proportionality. This decision reinforces the need to rethink ineligibility before the final judgment. Early ineligibility can have serious consequences for the candidate, such as damage to their political career and public image. The requirement for a final judgment for ineligibility does not mean dispensing with administrative probity or morality for holding an elective mandate but adherence to the presumption of innocence and legal certainty, foundations of the Democratic State of Law. It is necessary to seek solutions that reconcile the need to punish acts of misconduct with the guarantee of citizens' political rights. 

The present doctoral dissertation aims to clarify the intersection between Neo-liberalism and agrarian law by means of an investigation into the concepts of land, food, and nature. 12 Starting with an outline of the formation of latifundia, I intend to examine—based on Karl Polanyi’s theoretical categories—the conversion of land into a fictitious commodity, as well as the complexity of this process. Then, I carry out a detailed analysis of Neoliberalism as a theoretical foundation, with a special focus on law as an instrument that ensures the consolidation of this system. The third chapter, in turn, delves into the legal tools of financialization, their debt securities, and other kinds of stimulation of capital, a context that culminates in the conversion of land into a fictitious capital from the point of view of land rent theory. The fourth chapter remarks on how the Neo-liberal turn on matters of land exacerbates scarcity and strengthens the corporate food system and the use of land as a mere financial asset. Here financialization—as a cog in the machine of the Neo-liberal system—reproduces an unproductive approach to capital that transforms the legal categories of land and food into mere commodities, inserted in a context of unrestrained pursuit for profit led by agribusiness. Finally, the fifth chapter handles the takeover of nature through the massive use of pesticides. Here one can identify a new dimension of immersion in agrarian matters by the Neo-liberal system, namely, chemical colonialism. Considering the exploitative way in which Neo-liberalism takes over land and food, the use of pesticides plays the role of a catalyst for this process. The violence of pesticide contamination reaches molecular levels, despite the state’s approval for their commercialization and use. The concluding remarks point to the consolidation of a scenario in which land, food, and nature are dominated by the Neo-liberal system and are converted into mere commodities, being stripped away from the environmental synergy and resulting in a process of not only material but also territorial and subjective impoverishment. The methodology used was qualitative, emphasizing bibliographic research and the articulation of theoretical frameworks and events that characterize the issue of land in Brazil. There was also a quali-quantitative approach, insofar as the data on agricultural production were broadly collected and analyzed based on the theoretical approaches guiding the work. This investigation is expected to assist research that, in some way or another, is linked to the theme of Neo-liberalism and the issue of land, further developing a critical view of agrarian law.

Departing from Herbert Hart’s legal positivism, the goal of this research is to analyse if the Brazilian officials of the Superior Court of Justice and the Court of Justice of the Federal District and Teoritories, are accepting of the rules of the system as obligatory. This is one of hartian requisitis for the existence of a legal system in a giver community. The research was centered on Superior Court of Justice’s provision n. 620, which settled that insurer had, in cases of life insurance, the obligation to indemnify the beneficiaries even if the isured died in a vehicle accident caused by him being drunk and his drunkenness was proven to be the cause of the accident. Hart’s positivism, in this research, was contextualize in the relation to positivism in general and, furthermore, John Langshaw Austin’s theory of speech acts was explicated in its connection with Hart’s positivism and presented as central for the analysis of the judicial decidions discussed in the research. For the empirical part of the research, the Metodology of Decision Analysis, developed by Roberto Freitas Filho and Thalita Moraes Lima was used. At the end, the conclusion was that almost all the Brazilian officials analysed, in their practices, accepted the rules of system as obligatory, whith small patological exepctions

This dissertation aims to provide an empirical analysis of the frames supporting the right to abortion presented to the Brazilian Supreme Court by organizations and individual agents of civil society. Four constitutional   cases are analyzed: the ADPF 442, ADPFs 737, 989, and ADI 5581, which discuss the decriminalization of abortion in the first trimester, the fulfillment of the right to abortion in cases authorized by Brazilian law, and the permission of abortion after a diagnosis of Zika virus infection during pregnancy. Based on the concept of "constitutional culture" proposed by Reva Siegel and the conceptual architecture of the framing processes provided by the social movement’s theory, this research has focused on the cultural dimensions of constitutional change. In the quest for constitutional change, civil society actors face the challenge of  dialoguing with practices, discourses, and values shared by official actors and society. This is an important discussion so that the issue in question, such as women's ability to control their bodies, be seen as a social injustice.. The process of framing a constitutional issue is complex and contentious, especially when it involves a strong countermovement like the anti-choice movement. In order to achieve public trust, the pro-choice movements take into consideration the objections presented by the adversary group, such as moral and religious concerns about fetuses or women's social roles and, more recently, accusations that abortion poses   a risk to women's health and life. The analysis concludes that framing strategies utilized on the current  abortion constitutional debate originated from a diverse feminist network built over decades, the dialogue with political and legal opportunities and the intersectionality of health (with particular attention to social determinants), human rights, and scientific discourses. In addressing anti-choice's moral concerns, pro-choice movements, despite sometimes endorsing values such as family and motherhood, deconstruct prejudices around women who decide to have an abortion and propose comprehensive public policies that allow abortion to be a free and genuinely autonomous decision. The pro-choice arguments helps to democratize religious discourses, showing more egalitarian theological interpretations, and framing abortion as a reasonable ethical choice. In conclusion, this work considers the reproductive justice framework as the best way to aggregate pro-choice discourses presented to the court and signals to the importance of considering the two cases pending (ADPFs 442 and 989) judgment jointly in the future political action. Reproductive justice provides an analysis that considers the centrality of women's autonomy while demanding positive duties from the State on public health and the elimination of race, gender and class inequalities

The current master's research paper aims to verify how the uranium mining activity in Brazil is placed, in general terms and specifically in the environmental issue. In this regard, the double risk of uranium is presented, being toxic and radioactive. While toxicity is a particular chemical characteristic of the uranium element itself, radiation comes from the element radon, which is generated from the natural decay of uranium. Although studies of the risks of damage related to uranium mine workers have been scientifically proven, scientific uncertainties remain about the extent of damage to regions close to this type of activity. Despite being a carcinogenic element, and representing more than half of the natural radiation that humans in general receive during their lives, radon outdoors, especially in places rich in natural uranium, or adjacent to uranium mining operations, does not count on efficient regulation, which ensures adequate socio-environmental protection. In this sense, when facing an international and national order with regulatory gaps for the control of uranium in natura, with regard to its natural decay, and a status of uncertainty about the extent of the damage beyond the mining, the Precautionary Principle is presented as an adequate tool to overcome the lapses in the order and as a means of ensuring environmental justice of populations in vulnerable situations, due to their proximity to uranium mines.

Deuzeli a young  black woman, rape victim at the age of 19. She got pregnant of the violence and when seeking right to legal abortion was systematically subjected to institutional violence that hindered her to abort. In this dissertation, I analyse how the instrument of the raciality  crossed by the patriarchate  used  the criminal law for imposing to Deuzeli Vanines an  unprotection regime. I seek to understand in which way the denial of sexual and reproductive rights, in particular the right and access for abortion, occur and determine a death policy for the poor and black women. Therefore, I explored the judicial files of the case in that Deuzeli figures as a victim and as an author, and the ethnographic documentary “À margem do Corpo” (A disembodied woman) (2006). The files allowed me to reconstitute the itinerary of decisions which resulted at the top of the lack of assistance and destitution to Deuzeli. The analysis demonstrates that the patriarchal moral and the racism organize the criminal bureaucracy producing illegal interdicts for fruition of rights and inhibiting that black women enjoy of self-nomination and self-determination.

In the maritime transport of potentially polluting cargo, obligations aimed at environmental prevention must be present before and concomitantly with the exercise of maritime activity. Operational duties in the maritime modal are preceded by the implementation of obligations that preceded them in view of the need to regulate maritime activity and environmental protection and preservation. This research shows the fragmentation and plurality of norms applicable to the modal in relation to the type of transport carried out and the cargo carried. Then, the typology of obligations aimed at potentially polluting loads was carried out due to their polluting capacity of the marine environment. Among the obligations prior to transportation, we can mention: the obligation to enroll or register Brazilian vessels, the obligation to prepare the Shipboard Oil Pollution Emergency Plan - SOPEP, and the obligatory institution of Emergency plan on board in the maritime transport of harmful liquid substances in bulk. And concomitantly with transport, the mandatory use of the navigation diary in maritime transport, the implementation of the Vessel Traffic Service - VTS for monitoring the maritime transport of potentially polluting cargo and the tracking of vessels through the Maritime Monitoring System Support for oil and gas activities - SIMMAP. This research contributes to the connection between the shipping sector and environmental protection, as well, as the connection between administrative and judicial attributions. 

The work addresses the problem of the Tax War from the perspective of economic uncompetitiveness, aiming to demonstrate that the tax incentives (lato sensu) of the ICMS, at first, foment a mismatch in the competitive organization of the market, contributing to the favoring of certain sectors or economic agents to the detriment of others. Secondarily, the research mentions other harmful effects of this practice, such as the weakening of local public finances to the detriment of the equity of the tax system. In the first part, we emphasize the role of the State as a driver of economic activity. A position that obliges him, aware of his functions as manager of the public treasury, to rationalize public spending choices in the way that best harmonizes with a contemporary policy of social development. In the second part of the study, we try to identify the political, economic and tax arrangements in the legal structure of the Brazilian State that have fueled the ICMS tax war, leading to the imbalances highlighted throughout the work. In the last part, we seek the vision of the idealizers of tax systems, possibly more in line with the desired market efficiency, combined with concern for tax equity. The intention of this work is to insist on a still pending question of economic and tax policy in the country, aware that the problems of taxation in Brazil are dragging on, maintaining a framework of social injustice and fostering a growing dependence on state stimuli.

This dissertation aims to demonstrate the absence of reflection and political formulation necessary for the implementation in Brazil of a public security policy that effectively protects the rights and territories of indigenous peoples, respecting their demands and their sociocultural specificities. From the perspectives of decoloniality, critical criminology and human security, the public security policies implemented in Brazil since the 1988 Constitution were analyzed, at the federal and state levels, through a survey and critical analysis of norms, documents and plans, in addition to of consultations through the Law of Access to Information to the public agencies involved in the subject. In the first chapter, the protective paradigm of the rights of indigenous peoples and the concepts of territoriality and territory are addressed, understanding this as an indispensable condition for the exercise of sociocultural autonomy of indigenous peoples. In the second chapter, the concept of public security is addressed, understanding this in a double sense, as a fundamental duty of the State and a fundamental right of all, including indigenous peoples, presenting the challenges to the implementation of a security policy aimed at your protection. In the third and fourth chapters, the results of the empirical research carried out are presented, which demonstrated that the issue of indigenous rights was never addressed in the National Public Security Plans edited after redemocratization, that there is overlapping of federative competences, that there is a lack of clear parameters on which bodies should act and on how the exercise of the police force should be carried out in actions involving indigenous peoples and territories, in the light of their socio-cultural rights specifically protected by the constitutional and conventional regulations in force in Brazil. It concludes that there is a need for a public security policy that meets indigenous sociocultural specificities, in the prevention and repression of crimes, through intercultural dialogue with groups historically excluded from this debate, aiming to overcome the paradigms of monism, integrationism and authoritarianism, that still manifest themselves in the relationship between the Brazilian State and indigenous peoples. In the conclusions, possible ways are presented to better protect indigenous territories against invaders and also meet the demands of common criminality, recognizing and respecting the autonomy of indigenous peoples for territorial management and conflict resolution, especially in a context of escalating violence that threatens their individual and collective existence, accentuated by factors such as the lack of transversal public policies, land grabbing, problems due to alcohol and drugs, environmental crimes, cross-border organized crime and illegal mining.

Pre-trial detention represents one of the most powerful apparatuses of repressive and authoritarian power used in Brazil. Among the incontinent reasons of the institutional design and the inquisitorial mentality of the judiciary, this assertion is supported by the high degree of discretion that is given to the decree of arrest, especially preventive detention. Part of this problem is due to the imprecision of the authorizing requirements, notably public order. The vagueness and the emptying of the normative content of the locution serve all sorts of reasons. The possible solution is to establish a control system capable of instituting rational bases for the purpose of requiring the correct motivation of prison decisions. This system concerns the rationalist conception of evidence, which has the ability to establish epistemic filters and intersubjective control of the evidential activity, of the valuation of the facts considered in the process and the distribution of the risks of judicial errors, aiming to anchor networks of protection and guarantees to the parties. An essential tool for the installation of rational control devices, on the other hand, are the evidential standards. The conceptualization of evidentiary standards, their application and the formulation of specific evidentiary standards for the decree of preventive custody, especially when based on the violation of public order, is the object of this investigation. At the end, the study suggests viable solutions to the problem, from a practical point of view, which were supported by research structured on an extensive literature review.

The present text aims to describe the trajectory of resistance and struggle of the Quilombola Community Monte Alegre – Olho d’Água dos Grilos, whose collective territory is located in the central region of the State of Maranhão, in Mata dos Cocais. The research was developed together with the community, using the methodology of participant observation, with five stages of local work and a final presentation of the results for discussion. It is demonstrated that, in addition to the quilombola ethnicity, with the majority presence of black people, descendants of former slaves, who established specific relationships with the territory, based on black ancestry and the maintenance of their traditions and cultural practices, the community structured around babassu coconut extraction and its social 2 organization was also marked by the creation of a collective settlement project. During the research, the presence of current internal conflicts was verified between part of the community that intends to dissociate itself from the collective management of the territory, pleading its dismemberment into individual lots, a possibility that represents risks of internal social disarticulation of the community. As pointed out in the work, the babassu coconut is not only a source of livelihood, but configures the entire basis of social relations and the rules of conduct created by the Babassu Coconut Breakers themselves, which were later enacted in state and municipal laws by force of the political struggle of the Interstate Movement of Babassu Coconut Breakers - MIQCB. The main right guaranteed by the normative set analyzed is the possibility of free access to babassu forests for extractive collection, regardless of the limits of eventually existing private properties. The legal and normative aspects of rural settlements in force in Brazil are also analyzed, in order to demonstrate the constitutionality of collective rural settlements. Under the theoretical framework of the Law Found on the Street, here characterized as Right Found in the Field, the law is discussed as a tool for the realization of freedom and social justice, built from the historical experiences of struggle and resistance of the collective subjects of law, in attention to the perspectives of the past, present and future of the Quilombola Communities, Coconut Babassu Breakers and peasants. The objective of this work is to be able to provide elements for the struggle of the fierce and resilient people of Maranhão from Monte Alegre – Olho D'Água dos Grilos, registering and disseminating their experience in order to, finally, contribute to the free development of their history.

This dissertation seeks, initially, to demonstrate the existence of a fundamental right of the citizen to live in a society free from the practice of corruption, whose nefarious effects imply the inefficiency of the State in the realization of the other fundamental and social rights provided for in the Federal Constitution and the very survival of the democratic regime. In light of the fundamental anti-corruption right, the Brazilian system for combating corruption is structured, integrated by relatively autonomous microsystems, systematically organized in accordance with the criteria of the sphere of action and the pertinent branch of law. From this perspective, the relationship between anti-corruption law and administrative sanctioning law is examined, as well as the insertion of the civil-administrative anti-corruption microsystem into the Brazilian anti-corruption system. Due to the organicity and systematization of the anticorruption microsystems, it is sought to demonstrate the communicability between the various microsystems, especially through the Dialogues of Sources Theory. In the sequence, once the anticorruption microsystems are established, the administrative consensus in the administrative sanctioning law is analyzed, especially in the anti-corruption law, highlighting the spaces for consensus currently provided in the Brazilian legislation and the intercommunicability between them, especially between the agreement of no civil prosecution in the process, provided in the Law of Administrative Improbity, and the leniency agreement, defined in Law n. 12.846/2013, which disciplines the process of verification of liability of legal entities.

This research is an analysis of the regulation of artificial intelligence (AI) in Brazil based on two initial theoreticalassumptions: a) in the first chapter, the juridical-political-economic-administrative paradigm of a systemic four-dimensional approach to the role of the State in regulating AI was established, in the historical-social context of Modernity; b) in the second chapter, legal theories and theoretical frameworks were presented that represent the state of the art of AI regulation in light of regulatory responsiveness. Based on these assumptions, an examination was carried out of the indicators of abstract democratic-participatory regulatory responsiveness of five legal instruments aimed at regulating the use of AI in Brazil: a) Recommendation of the Artificial Intelligence Council of the Organization for Economic Cooperation and Development; b) Bill 21/2020-CD; c) Resolution 332/2020-CNJ; d) Ministerial Cabinet Order 4.617/2021-MCTI; e) Bill 2338/2023-SF. Systemic paradigmatic indicators of regulatory responsiveness (IPSRR) were instituted in the research, divided into two groups: a) systemic paradigmatic indicators (IPS) related to the legal-political-economic-administrative paradigm of reference; b) responsive theoretical indicators (ITR) related to basic regulatory legal theories. The examination presented the following results: a) two studied instruments have low IPS because they focus either excessively on self-regulation (Bill 21/2020-CD) or predominantly on command-and-control (R 332/2020-CNJ), two other instruments presented satisfactory IPS (RCIA-OCDE and PGM 4.617-MCTI), and the Bill 2338/2023-SF has exemplary IPS; b) four regulatory instruments have regular ITR (RCIA-OCDE, Bill 21/2020-CD, R 332/2020-CNJ, and PGM 4.617-MCTI), while the Bill 2338/2023- SF has exemplary ITR; c) only the Bill 2338/2023-SF achieved, in the final analysis, an IPSRR compatible with the epistemological premises defined in this dissertation, confirming, for the most part, the research hypothesis.

The objective of this work is to understand to what extent Court-Packing can characterize the practice of abusive constitutionalism or be situated within the scope of constitutional hardball, as well as its effects on the Brazilian political system. It is possible to perceive a growing expansion of the Judiciary Power that, more and more, occupies the spaces belonging to the other powers of state. From the promotion of public policies to decisions that interfere in legislative processes, the Courts began to play a role of singular importance in the political game. This circumstance does not go unnoticed by members of the other branches of government, who seek strategies to understand how the Courts decide. Among them is court-packing, that is, packing Courts with people who have some degree of commitment to the ideology of who made the nomination. It is a complex phenomenon, but one that, to some extent, can be situated within the common political game or serve as an instrument to end any form of political competition. This second circumstance has been called abusive constitutionalism, whose characteristic is the use of the ideal of constitutionalism to make the state less democratic. Nowadays, democratic erosion, in a conception of liberal democracy, occurs through the means that the constitutional system confers from its design. Distinguishing when this phenomenon can characterize abuse of constitutional instruments is the central point of the work, which will seek to understand the possibilities and consequences for Brazilian constitutionalism.

This research investigates the role and the performance of the National Council for the Defense of the Rights of the Human Person (CDDPH) during the redemocratization following the military dictatorship (1984-1989), focusing on the use and political construction of the concept of human rights within the Council and its influence on the state bureaucracy of the period. The CDDPH, now renamed 1 and reformulated as the National Council of Human Rights (CNDH), is a state agency created in 1968, during the military dictatorship, reflecting its paradoxal behaviour. After redemocratization, civil society and Council members made the CDDPH a milestone in the repositioning of the brazilian Federal Government on the matter of human rights and a space to think about the country’s redemocratization under this prism. Therefore, the Council was the scene of divergent (or convergent, however, different) views on the concept of human rights. Different public institutions and social movements within the Council tried to place their respective agenda as a priority and the product of this meeting of agendas moved, to a certain extent, the state bureaucracy of human rights in Brazil in the second half of the 1980s. This is a constitutional history research that focuses on a state institution. The main source is the collection of tape recordings of plenary meetings of the CDDPH, with a time frame from 1984-1989, available at the archive of the Ministry of Human Rights, in Brasília. Other official documents available at the National Archives, on websites of state agencies, in archives of civil society entities and journalistic news were also used as sources. The research is divided into three chapters, the first introduces the reader to the CDDPH from an analysis of the founding process of the Council, since the its proposal, in 1956, and begins the study of primary sources with a comparison between the last meeting carried out during the dictatorship, in 1984, and the first after redemocratization, in 1985. The other two chapters are divided thematically. The second focuses on the Council's attention to the past, especially the violations of human rights committed by the military dictatorship, while the third focuses on the Council's vision of the future of Brazilian redemocratization.

This study aims to identify the state of play regarding non-pecuniary sanctions in cartel convictions by the Administrative Council for Economic Defense (“CADE”) in the period between 1999, when the first cartel conviction by CADE occurred, and 2022. The hypothesis to be tested is that although CADE has had legal powers to impose non-pecuniary sanctions for over 20 years, it has not yet defined clear and objective criteria for the imposition of each type of sanction, which can lead to legal uncertainty. Therefore, this study contributes to current discussions, both in Brazil and abroad, regarding the objectives of competition sanctions and ways in which to enhance enforcement against cartels. In order to identify the state of play and the criteria applied by CADE in the adoption of each type of non-pecuniary sanction, an analysis was conducted of each conviction from the perspective of to whom each sanction was Applied to (companies, individuals, or associations). Based on the research results, recommendations and an analysis of prospects were made regarding non-pecuniary sanctions in Brazil, considering international experience as well.

The present work deals with the analysis of the racial profile of the actors involved in criminal cases submitted to trial before the jury court, formed by lay jurors from the community where the crime was committed. Initially, we sought to understand the concept of race considered the Brazilian reality, which involved an intense process of colonialism, which led to what became known as coloniality. Although slavery was abolished less than two hundred years ago, the effects of colonization resulted in a structural racism that forged punishment systems in a peculiar way in countries of the global South. Racism was not a mere existing social reality, but guided the punitive constitutional and infraconstitutional legislative production, shaping the penal system to house the surplus population contingent after the abolition of the slave regime. With the evolution of Criminology, this reality began to be perceived, reaching greater clarity with the theories of conflict, inaugurated by the labeling approach, reaching the current stage of Critical Criminology, which considers the incidence of these factors in criminalization processes. These processes begin in the police agency, passing through the judicial system to mass incarceration, a space where it consolidates in the reproduction of criminalized racial patterns. In this context, the analysis of the popular jury is important to identify whether these racial patterns are reproduced in this instance and whether the racial profile of the jurors can influence the results of trials of black and white defendants. The work analyzes racial profiling data produced in the Brazilian State, which confirm that black people are preferred recipients of police agencies, selectivity sanctioned by the Judiciary. Quantitative research carried out on the international scene concluded that the lack of diversity in jury composition leads to unequal results for black and white defendants. There is also international condemnation in the case of a black defendant who was convicted with racist elements evidenced during the trial, in a jury made up exclusively of white Mormons. In a bibliographical research, different results were identified in trials of black or white defendants and black or white victims. The race of jurors, defendants, and victims, therefore, appears to have a great influence on trial outcomes. These data, however, were not properly recorded in the records of the criminal cases analyzed in the judicial district of São Sebastião/Federal District. Omissions or contradictions were perceived in the data referring to the defendants. There is no data on jurors and rare were the files that brought information about the race of the victims. In the end, it is concluded that there is an invisibilization of these data in the eyes of the Judiciary, intentionally or culpably. This omission makes it impossible to carry out a quantitative study to identify whether this phenomenon is repeated in the Brazilian state. The criminal selectivity rates suggest that yes, but the failure of the State to document this data prevents research from being carried out and, consequently, measures from being proposed to support a search for greater racial parity in the Sentencing Councils.

This dissertation presents a critical analysis of the participatory process of revising the master plan of Palmas/TO, considering the challenges and political tensions involved in municipal urban planning. The research was based on theoretical foundations by Henri Lefebvre (2001), Roberto Lyra Filho (2012), and Herrera Flores (2009), which address the influence of class struggle, the role of law, and the emancipation of the excluded in the formation of urban space, intimately linked to the concept of sustainability and as ratified in international treaties and United Nations programs. Additionally, the theoretical perspective of "law in the street" was adopted, which seeks the transformation of existing law through the popular struggle of the excluded, based on the principle of democratic citizenship. In this context, the concept of the right to the city, found in the streets, emerges, representing the reinvention of urban experience through collective political engagement. This theoretical model supports the actions of urban social movements that fight for the reform of the urban model in Brazil and their trajectory of political struggle in defense of the principle of social function of property, as consolidated by the 1988 Federal Constitution. It is within these terms that the investigation of urban planning and the right to the city takes place in Palmas, Tocantins, the most recent capital of Brazil. Despite being created under the influence of these new urban guidelines, the city still faces persistent urban problems, such as the privatization of urban space and socio-spatial segregation. The research adopted the Theory of Social Representations as a methodology, allowing for a more contextualized analysis of the encounters and mismatches between conceptual visions and the everyday experiences of citizens, especially those involved in social movements engaged in urban reform. Regarding its results, obstacles affecting the effective participation of citizens in the construction of Palmas/TO's master plan include inequality of access and the influence of economic interests on public power. The judicialization of the right to the city is also observed as a consequence of the inability of public power to fulfill its social function, which has had no effect in Palmas. Nevertheless, local popular leaders insist on the realization of the right to social housing.

The relationship between trade and gender is a two-way street: on one way, trade has the potential to reduce gender inequality globally, and on the other way, commercial development depends on the inclusion of women. Initiatives aiming to bridge gender gaps through trade are multiplying, as it is acknowledged that trade policies and practices can serve as important tools in this regard. However, it remains uncertain whether this objective is being achieved. This research arises from the discomfort regarding the uncertainty of to what extent the responses being provided through the State and the Market are effectively addressing gender challenges and gaps, or promoting Genderwashing and generating new problems. The term Genderwashing was coined in 2011 by Martha Burk to convey the same meaning that Greenwashing evokes when used to describe actions of organizations that appear to be concerned about sustainability while doing little or nothing to promote change. Considering the United Nations' Sustainable Development Goal number 5 of the 2030 Sustainability Agenda, which aims to eliminate gender inequality, Genderwashing goes in the opposite direction, as these practices mask the reality of gender inequality, undermine the seriousness of the problem, shift responsibility, perpetuate stereotypes and structural obstacles of patriarchal society, do not result in concrete actions, and undermines public trust. At the end of the research, it was possible to observe that the phenomenon of Genderwashing, as well as its related effects, creates a false impression of progress, which is a dangerous placebo that not only fails to provide a cure but also delays the development of effective solutions and can cause undesirable side effects, such as trade barriers that hinder the access of less privileged actors to global trade. Regarding strategies for best practices, the following stand out: an intersectional approach and reflective language; the use of a gender lens (gender mainstreaming); female representation in decision-making positions; addressing the North Global-centricity and utilizing cooperation spaces as a power strategy; cooperation between the State and the Market; and the Theory of Responsive Regulation. The fact is that when a gender response, whether through the State or the Market, constitutes Genderwashing, it benefits neither women nor trade. Therefore, the elimination of these practices is justified as a collective interest.

This essay aims to study how, from a perspective that is not only theoretical, but especially practical, labor markets can be addressed in the analysis of concentration acts submitted to the Brazilian antitrust authority, CADE. Based on the classic analysis of transactions detailed in the Guidelines for the Analysis of Horizontal Mergers drafted by CADE and studies that address competition aspects related to labor markets, this essay presents parameters to be adopted by CADE to evaluate the competition effects related to the labor dimension of the relevant markets. The essay provides proposals related to the evaluation of the characteristics of the transactions themselves (definition of relevant market, aspects that may influence the probability of the exercise of monopsony power, the debate about possible economic efficiencies, and the design of remedies to be considered to mitigate eventual concerns), as well as suggestions that permeate adjustments to the wording of CADE's Resolution No. 33/2022, the need to update guidelines, the regulation of clauses that restrict competition, the execution of a technical cooperation agreement with the MTE, and the encouragement of greater participation of unions in the analysis of transactions.

The objective of this research is to demonstrate that the Federal Tax Administration has other attributions besides the traditional functions of inspecting and regulating, proposing that the offer in compromise is an instrument for modeling taxpayer behavior to guarantee recovery and tax compliance. The law that instituted the offer in compromise in Brazil will be treated as a regulatory framework for tax law, as it provides guidelines for the actions of administrators, delimits values to be pursued, and aims to shape behavior through the granting of benefits. The consequences of granting the Tax Administration a certain “technical discretion” in the exercise of regulatory power will be studied, with emphasis on the increased workload, harassment of the private sector, and the risks of taking decisions that diverge from the public interest. It will be proposed to establish criteria for rationalizing the granting of benefits, as well as rules for monitoring the results of the measures adopted, which must be updated constantly.

The present research aims to analyze the satisfaction of the Brazilian population with democracy, as well as their trust in the Judiciary and the Federal Supreme Court. To achieve this, a statistical methodology was employed through survey research conducted during the years 2017, 2018, 2019, and 2020. Moreover, a literature review was conducted about aspects of democratic constitutionalism, citizenship as a tool for democratic inclusion, considerations regarding the legal system, the population's perception of the judiciary, and popular support as an inherent characteristic of the legitimacy of the courts, with the risk of consequences that may create political and democratic instability. Considering this, the important role of institutions, particularly the Supreme Court, in the realization of fundamental rights and the protection of the democratic order is evident. Not only that, but there is also a need to adopt an institutional perspective focused on society and the active defense of democratic values.

This study on the maternal death of an indigenous woman during the COVID-19 pandemic in Brazil, aims to witness the story of Ruthe Luiz Mendes from the Terena ethnic group and propose ways of making her responsible to repair the damage suffered. Through the analysis through the feminist testimony, it is possible to question the patriarchy and the main elements that contributed to the tragic outcome. For this, I use the verbs to ask and repair, in the analysis of the technical opinion, publications on websites, interviews with her husband, Elciney Flores and bibliographic research. In this way, I identified the negligence and obstetric violence suffered by her as a result of her ethnic origin. Thus, I found that the COVID-19 pandemic only aggravated the cases of maternal deaths of women in Latin America, due to social inequalities and the ethnic and racial context, that is, the lack of biolegitimacy of poor, indigenous and black women. In the argument of the respective work, I discuss the conquest of rights of the indigenous peoples of Brazil and the lack of effectiveness of the guarantees and fundamental rights of the 1988 Constitution, which was a milestone in the change to a pluriethnic paradigm. In the pandemic, indigenous peoples were the target of attempted genocide, having to file ADPF 709 to remain in existence, even more so due to the former president's attempts at institutional genocide. I end with a more analytical study on the case of Ruthe and the Law, first regarding the social context of Mato Grosso do Sul, which was extremely discriminatory in which she lived, the accountability and reparation for the crimes committed against her, and finally the importance of indigenous peoples. jurists to enforce our rights. At the conclusion of the work, it is clear through the data found in the research and the more accurate analysis of the case of Ruth, the indifference with the indigenous women, and that it is isolated, but the lack of access of the indigenous people to the right to exist occurs constantly, and are caused by the lack of legitimacy to have the right to the most basic, as Ruthe could not have. Evidencing thus, the discrimination suffered by her in being indigenous and a woman - intersectionality. Thus, the negligence in meeting the demands of minorities stands out and how far we are from the ethical impulse for the realization of Human Rights.

A massive influence on Law, the Responsive Regulation Theory was consolidated by the well-known book “Responsive Regulation – Transcending the Deregulation Debate”, by Professors Ian Ayres and John Braithwaite.

The book aimed the creation of a hybrid model, which included persuasive measures as well as punitive ones, ending the old controversy about regulate or deregulate.

 Years after its original publication, the once young technology market now presents giant corporations with impressive profits. Such circumstances are not unknown to Law, specially concerning freedom of speech right. Should this issue be subjected to state regulation, or would that be an indirect attempt of censorship?

 The first objective of this paper is to demonstrate that “Big Techs” must be regulated, regarded that damages caused by the unfair exercise of freedom of speech right are substantially harmful to be ignored.

 Secondly, we believe the most adequate model is the responsive one, because its flexibility suits better the specific characteristics of the market.

This study is based on a case of maternal death that occurred during the COVID-19 pandemic in Brazil. The objective is to analyze ways of repairing and taking responsibility for the death of Viviane Albuquerque Lucena de Melo, a puerperal woman whose life was taken during the pandemic. Based on my astonishment at what happened to her, and the family's demand for reparation, I used my position as a researcher and lawyer to develop reparation from two perspectives: reparation through testimony, by recounting Viviane's experience during the pandemic, and reparation through litigation, by developing foundations that may support possible lawsuits of accountability. I work with the Foucauldian idea of revenge to develop reparation proposals that imply turning against the power that made Viviane disappear. My argument is built in three chapters: in the first, I talk about my approach to the case and the importance of telling the story of Viviane's death. I develop the idea of revenge and expose the forms of reparation thought by me: reparation through testimony and reparation through the proposal of a legal dispute. I make the ethical and methodological considerations for the case and discuss the files I leaned over to tell Viviane's experience, and the choice to address her by her real name to get her out of invisibility. In the second chapter, I portray the time of Viviane's death. I bring the scenario of maternal mortality in Brazil before the pandemic, analyze what could have been done to save pregnant people from death based on national and international documents and research, and report what they did with these women, or what decisions were taken by the Brazilian State to face the pandemic and high maternal mortality. In the third and final chapter, I develop the legal arguments that could build the foundations of possible disputes in Brazilian courts. I justify the choice to hold the Brazilian State and its then representative, Jair Bolsonaro, responsible for Viviane’s death, and discuss three possibilities for judicial redress: international accountability, civil accountability of the State, and criminal accountability of Jair Bolsonaro. I work on the idea that their conduct meant adopting a lethal policy in managing the pandemic, which I call an order of death. Consequently, I argue the possibility of treating Jair Bolsonaro's actions as homicides and feminicides of pregnant and postpartum women. I conclude that the Brazilian State, responsible for watching over Viviane's life and health, acted to kill her or let her die. To interpellate him in court, even if it does not guarantee a legal victory, forces him to face what he did to Viviane and witness her story.

This research proposed the implementation of a modern mechanism of participatory democracy for Brazil – the Political Recall, under the cover of access to democratic justice. Initially, it considered access to justice in an expanded conception, not restricted to jurisdictional provision, but extended to the maximum capacity for achieving new individual, collective and transindividual rights. To shed light on this issue, initially, and through bibliographical research, the overlap between access to justice and the expansion of citizen participation mechanisms was investigated. In sequence, the conceptual evolution of political Recall was examined through several national and foreign authors, in addition to presenting its own concept of Recall. The characteristics of the citizen participation mechanism implanted in countries of the West and East were analyzed and, later, the research cut was directed to the elaboration of the mechanism of revocation of mandates that approaches as much as possible the characteristics of the Brazilian democracy, allowing to improve the participatory legitimacy of citizens, enabling full access to democratic justice, without making Brazilian democracy even more unstable and strengthening the paths to building a society that is more aware of its political duties and obligations. The study of the implementation of the Political Recall will be able to facilitate the development of empirical research and methodological tools on the quality of democracy, in addition to not only drawing up comparisons between institutions and constitutions of different countries, but presenting a mechanism of its own for the revocation of mandates. It was concluded from this research that it is possible that access to justice is evolved into a broad conception of justice, through a path of rights, with access to democratic justice being the driving force for the modernization of citizen participation mechanisms. Access to democratic justice allied to the political recall mechanism will be responsible for closing the democratic cycle, provided that prior measures of education for citizenship are implemented and that objective requirements specific to the Brazilian democratic scenario are operationalized.

This dissertation investigates the feminist scholarship on sovereignty in international law. While concentrating on the concept of sovereignty, it examines how feminists reframe fundamental concepts and expand the conventional boundaries of the discipline. The work is structured into three distinct chapters. The initial chapter outlines the research's scope and methodology. The second chapter delves into both traditional and critical interpretations of sovereignty, juxtaposing them against feminist analysis, encompassing concepts such as the international legal personality, security and territory. Finally, the third chapter introduces innovative feminist and queer perspectives, casting light on their capacity to transcend binary frameworks in their understandings of sovereignty and highlighting the profound influence of sexuality on the lexicon of international law. This dissertation highlights the connections between colonialism,gender and sexual dynamics, emphasizing the need for more comprehensive critical analysis of international law’s discourse. It also emphasizes the ongoing relevance of feminist and queer perspectives in facilitating broader dialogues for the discipline. Furthermore, this research illuminates the interconnected nature of both general and specific issues of the discipline and encourages critical engagement aimed at dismantling the traditional foundations of the discipline, hidden and alternative histories that might help to uncover the links between sovereignty, violence and inequality not only in the past, but also in the present.

This work consists of an exploratory research that seeks to understand how and which affects inscribe people into different regimes of rights protection. It discusses how necropolitics elaborates different ways of feeling, racially regulating affective and ethical responses in the public sphere, and how affects produce recognition in the political-legal field. The research analyzes the tragic event that led to the death of a five-year-old child named Miguel Otávio Santana da Silva, whose political protagonism for reparations has been carried out by his mother, Mirtes Renata Santana de Souza, who, during the COVID-19 pandemic, was kept working as a domestic worker in the employers' house in the city of Recife, where the child's death occurred. The analyzed criminal and labor judicial records suggest three dimensions of commotion as an analytical category: repercussion, naming, and responses. Through them, it is possible to assess the manifestation of commotion in the legal field. The results allow us to conclude that commotion is the political affect constructed through images of control that informs and shapes distinct political-legal responses in the maintenance of living conditions and precariousness of populations.

In recent years, the National Land Transportation Agency (ANTT) has faced a significant regulatory problem, characterized by two aspects: the mitigated use of responsive mechanisms in the federal road concessions sector; and the misalignment between the agency's regulations and the concession contracts. As a solution, a comprehensive regulatory effort was proposed for the entire sector, which would result in the publication of the Road Concessions Regulation. In a few words, the RCR will introduce generic rules, allowing for greater simplification and standardization of regulation, and will represent a true “entry way” for the formalization and widespread use of the Theory of Responsive Regulation in the federal road concessions sector. With this in mind, this paper aims to understand the contours of the regulation intended by the ANTT, how the lens of the Regulation will unveil the new regulatory framework by providing new answers, tools and assumptions for the agency's actions and how the solutions proposed by the RCR can be organized and laid out in a diagram aimed at building an efficient, low-cost and uniform regulatory ecosystem in the sector. In this mission, the Command and Control model and the minutiae of Responsive Regulation Theory will be unraveled, as well as the transition trend towards the aforementioned theory in Brazil. After that, the historical evolution of the four stages of the Federal Highway Concessions Program, which took place between 1994 and 2022, will then be explored in order to identify the points of convergence and divergence between them. With these results in hand, an in-depth analysis will be made regarding the Responsive Action Project implemented at the agency and, in parallel, the detailed characteristics of each of the five RCR standards. At the end, this work will make an innovative contribution by drawing up a diagram of the solutions proposed by the Regulation using ANTT's own regulatory pyramids, based on the guidelines of Ian Ayres and John Braithwaite's Responsive Regulation Theory.

The problem of police violence is a worldwide issue of disrespect for human rights. In this research work we intend to study the phenomenon from the observations of what happens in our country, condemned by the Inter-American Court of Human Rights due to the police lethality practiced against the civilian population in Rio de Janeiro, without losing sight of our regional reality, the State of Amapá, which has the deadliest police force in Brazil, according to figures from the latest edition of the Brazilian Yearbook of Public Security. The question that arises is to understand why there is even regulation, the performance of public agents exceeds legal limits and the disproportionate use of force generates violence and death in the periphery, harming the necropolitics dispensed to the less favored population, especially that range that reaches young, poor, black men. In this mission, we will revisit the following theoretical landmarks: Max Weber, Michel Foucault, Zaffaroni and Achille Mbembe, in order to, in the end, find out who shed more light on the subject and contribute in some way to more in-depth studies in order to control the excesses and abuses now selected.

This research aims to address the transphobic violence mobilized by the (cis)patriarchy, based on the analysis of judicial and political disputes over the right to use bathrooms by transgender people in Brazil. Initially, we produced a theoretical analysis of violence in gender-segregated bathrooms, based on feminist criminology and from the perspective of intersectionality, to qualify gender (cis)normativity and transphobic violence in the country. Next, we analyzed the narratives of legal proceedings from different states in Brazil, and their respective requests for judicial redress for anti-trans violence and discrimination committed in public bathrooms. At this point, we problematize the myth of the “bathroom predator” and reflect on the right of transgender people and people with disabilities to travel in public spaces. In a third moment, I analyze the records of Extraordinary Appeal No. 845.779/SC, the “RE dos Banheiros Trans”, pending judgment since 2015 at the STF. In this part, we analyze the ministers' judicial speeches and problematize the lack of representation of women, black people, indigenous people and LGBTQIAPN+ in the Brazilian judiciary and the constitutional court. Finally, we argue that the Brazilian judiciary is guided by the denial of the humanity of trans people, through a stigmatizing discourse, the non-recognition of transphobic violence in bathrooms and the delay in carrying out the aforementioned trial within life time. The research is theoretical and qualitative socio-legal, and used literature review, case study and documentary analysis as research instruments.

The evolution of Information Technology has reached previously unimaginable levels, such as the development of cloud computing, considered a "virtualization of data centers". This evolution can be seen concretely in the services made available to society, which have made it, to a certain extent, dependent on technology to optimize its routines and develop new social and business relationships. However, alongside these benefits, the amount of digital data made possible by the structure of the Internet enables relationships. However, alongside these benefits, the amount of digital data made possible by the structure of the Internet enables the development of illicit actions, fostering cybercrime, which accompanies technological evolution both in time and sophistication, as is the case with crimes committed using cloud computing. The context of this type of computing involves a worldwide geographical distribution of data that is difficult to access, implemented according to the particular interests of Big Tech. Within this context, this study aims to evaluate regulation in the administrative sphere (regulated self-regulation), as a means of ensuring standards of reliability in the chain of custody of digital evidence obtained in cloud computing environments. Ultimately, the goal is to examine the  admissibility of digital evidence as proof in cybercrime cases. The study demonstrates the current status of the Brazilian legal system in combating cybercrime in comparison to other legal systems. In terms of methodology, the study is classified as bibliographical and concludes that it is possible to self-regulate the criteria for the chain of custody of digital evidence of cybercrimes committed in a cloud computing environment.

This dissertation sets out to study the possibilities and different perspectives for interpreting the deaths of transsexual, transgender and transvestite people in Brazil. Thinking from the perspective of rights violations that manifest themselves through violence against the bodies and corporealities of this population. The focus is on the state's invisibility in guaranteeing the right to life, as well as the right after death, as well as the brutalization and destruction to which these bodies are subjected in the context of transphobic violence. The aim is therefore to understand other universes in which the different forms of violence also attribute new materializations and meanings within a discursive network in which these trans deaths are inserted.

This research will analyze the constitution of populist discourse and its influence on representative institutions. This is a construction about a real problem from the perspective of the far-right party movement in the government of Jair Bolsonaro (2019/2022). The concern with preserving constitutional democratic stability is a constant throughout the narrative. Initially, we started with the following question: what motivated people to choose Jair Bolsonaro? One of the hypotheses lies in the influence of populist discourse. We believe that the persuasive power of this discourse on people immediately reaches democratic institutions, which becomes a very
important variable at this moment that foresees, through the conjunctural chain, the concrete possibility of an institutional rupture occurring. The research was constructed with two chapters. In the first chapter, in the search for a link between cause and effect, conceptually, we think about “crises”, analyzing them from three dimensions: economic, political and cultural, with a critical rest on comparative constitutional law. In the second chapter, the analysis will focus on endogenous elements, such as the use of post-truth, and its use in the formation of collective opinion. We will always use the comparative-descriptive method which, in our opinion, is best suited to the search for distinguishing the causes that give rise to crises, allowing us to diagnose the root of the motivating problem and weave a broad and refined perspective, without minimizing what exists in the subjacency, and, following a revealed trajectory, at least glimpse its extension and scope. We find, in Przeworski, the conceptual basis, in a minimalist and electoral perspective of democratic crises. With Daniel Ziblatt and Steven Levitsky, we will see the importance of preserving constitutional norms and institutional reservation. Manuel Castells leads us to an analysis of ruptures based on the crisis of legitimacy that forms the validation of the popular will. We were also supported by Juliano Zaiden Benvindo in his The Rule of Law in Brazil (2022), contributing with the most contemporary information on constitutionality and institutions. We conclude that populist discourse is an instrument of political manipulation, consisting of elements such as post-truth and fake news, implying the conception of collective decisions that can result in the definition of sociopolitical acts such as elections. Consequently, its use leads with high probability to a subsequent experience of collapse of the constitutional democratic design.

The present work seeks to identify the impacts of the Land Law of 1850 on the alteration of the proprietary  mentality in Brazil and, consequently, on the way in which the Law began to identify the property institute. This reflection is justified insofar as, it is from the Land Law that there is a profound change in the way in which land is treated in the country, with changes in relation to commercialization, as well as the forms of acquisition and regularization of land parts. If before the Law the main forms of acquisition were based on the system of sesmarias and, later, on the regime of possessions, from the creation of the Land Law on, the phenomenon called land commodification occurs, with deepening of the notions of individualism and power in the surroundings of the property. For the analysis of these issues, a survey of the specialized literature on the subject was carried out, as well as document searches at the National Archive of Brazil, in view of its Information System, the SIAN, using its collection of archived documents that helped in identifying the occurrence of a growing bureaucratic organization in the Brazilian State, both in the central Government and in the Provinces, in order to provide better control over the issue of land in the country. Certainly, the Land Law was not able, by itself, to fully change the system of possessions and properties in the country, as seen in the fact that it did not fulfill all of its initial objectives. However, it inaugurated a new historical moment in the way in which the institute of property came to be understood by Brazilian law. As a consequence of this fact, the discussions related to possible relations between the Land Law of 1850 and the current notions about the institute of property conclude the present work, insofar as this institute is also inserted in an economic and social logic, including by Constitutional order, so that it becomes imperative to observe property from this perspective, seeking solutions to the factual demands of society, as well as allowing its economic use.

This present dissertation aims to examine the correlation between legal instruments in Science, Technology, and Innovation (STI) and the realization of the right to technology in Brazil and the Federal District, with a focus on existing racial inequalities in this context. To conduct this research, the study prioritizes a case study approach concerning racial disparities in the distribution process of Covid-19 vaccines. It is an empirical, correlational, quali-quantitative research with a longitudinal temporal scope. It is divided into four sections that seek to: present the main legal and policy instruments in STI in Brazil, as well as the instruments used for the acquisition of vaccines against the coronavirus; contextualize the Covid-19 Pandemic and crisis management in an international comparison; assess the racial inequalities that occurred in Brazil and the Federal District in the context of the Pandemic; and discuss the role of legal instruments in combating social inequalities in the realization of the right to technology. Throughout the work, racial disparities are observed in the socio-economic and health impacts of the Pandemic, with the Black population facing higher mortality rates, illness, impoverishment, and unemployment; the Black population also experienced significantly lower vaccination rates than the non-Black population. The research also noted that the Black population generally has less access to technology and innovation support instruments than the non-Black population. The conclusion primarily discusses the scarcity, within the context of STI legal instruments, of provisions and initiatives aimed at addressing racial inequalities. 

This research aimed to analyze carbon credit market issues and their impact on Indigenous Territories. This market has increasingly sought the implementation of its projects in traditional territories as a supposed solution for reducing greenhouse gas emissions. The problem presented in this work refers to the increasing harassment from consultancy companies or developers of Local REDD+ projects, those that directly affect territories or communities. This is because a “second wave in carbon contracts” is occurring again in indigenous communities, without knowing exactly what the carbon market is, the risks it poses, much less the content of the contracts that the given community is signing. In light of this, the present work sought to understand: 1) what the carbon market is, what are the legal bases and standards for its regulation; 2) what happens in practice with carbon contracts involving indigenous peoples, what are the risks, requirements and types of carbon credit contracts; 3) how indigenous peoples have been organizing themselves to defend their rights in the carbon market, what are the General Governance systems of the Xingu Indigenous Territory and their understanding of the topic. To this end, the methodology to achieve the objectives of the proposal was a bibliographical review on the topic of the carbon market within the scope of law. To find out how the contract works in practice this work was based in the case study of the Suruí Carbon Forestry Project, from the people Paiter Suruí, and through a bibliographical review and also secondary sources such as journalistic articles and documents from entities that work on the topic, besides primary sources such as testimonies from those involved in the project. To analyze the way in which the people of TIX organize themselves in relation to the topic, observation was essentially used mainly as a member of the TIX General Governance mechanism and the documents produced in its environment. It was finally concluded, after everything analyzed regarding the carbon market, the Xinguans are at a time of better understanding, that is, it is not yet time to join the carbon project in the Xingu Indigenous Territory.

This research aims to examine how the federal tax compromise model, by using responsive strategies, reveals itself as a regulatory framework able to assist both in overcoming the crisis experienced in tax matters processes, and in encouraging tax compliance. It starts from the explanation of the context that the administrative and judicial tax procedures have turned exhausted to justify the analysis of the legal institute of the compromise, from its origin in private law to its form in the tax area, as well as the recent federal legislation on tax's matters, which allows for faster resolution of disputes. The assessment of this legal rule and, especially, it’s regulations, however, point to another purpose, which is to enable federal tax bodies to promote the behavioral induction of taxpayers, in order to make them more compliant to taxes obligations and, with this, promote a faster recovery of public revenues and the reduction of tax controversies. With contributions from the Responsive Regulation Theory, the situation of the current federal tax compromise model will be examined and points for improvement will be suggested to enable the enhancement of public management, the obtaining the resources that are essential to the exercise of state activities and subsequent provision of public utilities.

The constant tensions caused by decisions in constitutional jurisdiction have, over the last few years, caused a constant clash between the Judiciary Branch and the people (and their representatives), generating the so-called Backlash Effect. The aim of this study is to assess the contribution of this legal-social phenomenon to an increase in the democratic coefficient in society. To this end, the theory of Democratic Constitutionalism, developed by Robert Post and Reva Siegel, was used as the theoretical framework for the study. The research is supported by bibliographic consultation of legislation, doctrine and case law (national and foreign, mainly North American), in addition to evaluating the social reaction in three cases decided by the Federal Supreme Court (STF). The intensity of social resistance was measured using a formulation proposed by Samuel Fonteles (2019). In view of the responses obtained, we reached the conclusion that journalistic and public criticism bring greater transparency and publicity to the decisions of the constitutional court, even if it timidly meets popular desires; legislative reactions contrary to the decisions tend to make the dialogical nature of powers unfeasible, among other results observed. This study concludes that the backlash effect is a multifaceted phenomenon since it can be instrumentalized by any part of the community and can also be used as an indicator of greater dialogue between the Constitutional
Court and society.

This research consists of a case study regarding the “Vila Bairro Segurança” program, a public security initiative conducted by the city of Teresina between 2018 and 2020, with financial support from the World Bank and technical cooperation from the Brazilian Public Security Forum, with the aim of identifying the limits and possibilities of the municipality’s action as a public security management entity. This is qualitative research with an interpretative approach, based on documentary research and interviews carried out with technical and political managers of the program, as well as with a reference member of the program's target community. The research results point to a dichotomy between the success declared by the institutional narrative and the difficulties evidenced from the interviews carried out, which are identified, in terms of analysis, as the causes for the premature closure of the policy. In conclusion, it is pointed out that the construction of an effective public security policy at the municipal level must prioritize interventions that fall within the field of security of rights, especially those that concern aspects extrinsic to the individual and that orbit the field of sanitation. Basic infrastructure, infrastructure and urban mobility, without prejudice to the adequate exercise of administrative police, favoring the regularization of services provided in the city environment.

The present investigation aims to analyze the panorama of scientific training of law students at the University of Brasília through qualitative\quantitative research on the methodologies presented by students in the monographs presented in the 2021.1 and 2021.2 semesters. Thus, initially, we will investigate the impacts of the regulation of legal education on research training through its innovations such as the implementation of the monograph, based on the implementation of ordinance 1,886/1994 of the Ministry of Education and the subsequent CNE nº 9/ 2004 and Resolution No. 5\2018 of the National Education Council in 2018. Secondly, we seek to contextualize methodological issues about research in law, intersections and criticisms about legal research in the country and implement two projects: the project Tuning for the formation of skills in legal research, the implementation of the FGV law course and the importance of methodology in teaching law. And finally, in a third moment, we intend to present a content analysis, with a quantitative and qualitative design on the methodologies used by students in carrying out their course completion work at the Faculty of Law of the University of Brasília in the year 2022. As results presented, an overview of methods used by UnB students in their law course completion work at UnB and their inferences, as well as suggestions for the research cooperative, such as increasing research training at FD- UnB, through workshops and training for students, now better equips students with possible methodologies in legal research, in addition to seeking to apply the already approved pedagogical project and changing the curricular structure.

This work aims to analyze the impacts of the implementation of the judge of guarantees in the Court of Justice of the State of Amapá (TJAP). The problematization starts, specifically, from the following question: what are the impacts of the implementation of the judge of guarantees in the TJAP? This is an instrument created by Law nº 13.964/2019, inserted by art. 3º-A to 3º-F, which makes up the Anti-Crime Package. In addition to making a general explanation about the judge of guarantees and explaining why they are implemented, the divergent situations that they encompass will also be addressed, for example, from their suspension by Direct Actions of Unconstitutionality (ADIs) 6298, 6299, 6300 and 6305, reported by Minister Luiz Fux, judged by the Federal Supreme Court (STF). The Supreme Court, in the end, judged the ADIs partially valid, declaring the constitutionality of the judge's guarantees and setting a period of 12 (twelve) months for the adoption of the legislative and administrative measures necessary to adapt the different laws on judicial organization, to the effective implementation and to the effective functioning of the guarantee judge throughout the country, under the guidelines and supervision of the National Council of Justice (CNJ), with that period being able to be extended only once. The work discusses, among other aspects, guaranteeism, impartiality, the accusatory system and exposes a context of the guarantee judge in other countries. It also presents, based on interviews carried out, the Judiciary of Amapá and analyzes the impacts of the implementation of the judge of guarantees in the TJAP, highlighting main points of the law, whether there may be a budgetary and financial impact, as well as the possible consequences and changes resulting from the implementation of this institute for the Judiciary. It found that there will certainly be budgetary and financial impacts, as well as the Court will undergo an administrative reorganization/readjustment, as it is necessary to increase not only the number of magistrates, but also that of civil servants, in addition to reinforcing the physical structure, furniture and technological equipment, whose impacts must be outlined in your Strategic Plan so that, in a planned and organized way, there is an effective implementation of the guarantees judge in the TJAP.

The development of digital technologies has substantially transformed the way education is conducted. Today, however, more than conducting a field study in any of the state's universities, there is a need to verify, in scientific productions, research results related to the practical application of technological resources in the Brazilian legal educational context. This context instigated the problem of the proposed research: what were and how can the results of research with applications of digital technologies in Brazilian legal education during the years 2017 to 2021 be characterized? The general objective is to analyze the productions about digital information technologies in the legal educational field, as well as what their results were. To achieve this objective, the following specific objectives were established: to understand the context of the advent of technology in legal education, which led to the formation of digital culture and the emergence of digital teaching tools; to discuss the functionalities and applications of information technologies in law teaching, exploring the principles that underpin their relevance and effectiveness in teaching processes; to characterize, in the productions analyzed, which made a practical application of some technology, as well as to verify, in their conclusions, whether such application actually brought some increase in learning or motivation. By analyzing publications that study the use of technologies in the legal universe, the research brings reflections on the contribution of these digital innovations to the teaching-learning process of the legal field, as well as how they can be used to enable debate and the rescue of reflections inherent to the student's daily life. This is a qualitative descriptive bibliographic approach research (Gil, 2008; Vergara, 2005), which had 36 dissertations and 1 thesis as research sources. Thematic analysis (Braun; Clarke, 2006) was used for the treatment and analysis of the data obtained. The research presents social and academic relevance by providing reflections on new teaching strategies, such as the use of information technologies, which, if well applied, can engender immersive and effective learning experiences. Added to this understanding is the consideration of an innovative practice in the field of legal education. Among the results found, the research pointed out that 72% of the researchers who made a practical application of technologies in the classroom, after employing analysis tools, were able to confirm through their results that information technologies indeed generate motivation or increase student learning. It should be noted, however, that although most studies have shown the positive contribution of information technologies to the teaching-learning process, researchers believe that the mere implementation of a technology, even if aimed at the law educational field, does not in itself replace the teaching methodology applied by the teacher.

In this study, the effectiveness of “Law Found in the Street” as a critical theory of law was analyzed in the development of efficient alternatives for the consensual resolution of family conflicts in the Judicial Centers for Conflict Resolution and Citizenship (CEJUSCs) in Macapá, Amapá. It is a descriptive research, with a qualitative approach and quantitative elements, an empirical investigation, non-experimental, that used the  inductive method. It was verified that this legal approach is capable of promoting positive results, contributing to the obtaining of agreements and satisfactory consensual solutions for the parties involved in family conflicts. The application of Law Found in the Street in the CEJUSCs provided a more comprehensive and contextualized approach to problem solving, encouraging popular participation and dialogue between the parties. The significant number of approved agreements and the low need to resort to the judicial process demonstrate the effectiveness of the CEJUSC in the practical application of Law Found in the Street, contributing to a more accessible and inclusive justice. The satisfaction of the users of the CEJUSCs with the application of Law Found on the Street was also high, highlighting the importance of active listening, dialogue and the search for personalized solutions. However, challenges were identified to be overcome, such as the complexity of family conflicts and the lack of adequate resources and infrastructure. It is recommended, therefore, the continuation and expansion of the use of Law Found in the Street in the CEJUSCs, as well as the creation of a practical guide for the application of this legal approach, aiming to improve the consensual resolution of family conflicts and promote greater social pacification. 

This thesis aims to compare offset practices in Brazil, the European Union and the United States, in order to analyze similarities and differences between the perspectives of each relevant geographic region; and also causes and consequences of the aforementioned similarities and differences. The most common objective of offsets is rebalancing the trade balance of the country that carries out a large state import: foreign suppliers are usually required to rebalance the trade balance, as a condition of purchase. The study addresses concepts related to technological offset agreements, the most valuable type of offset for developing countries. Concepts of innovation, risks of technological offsets, aspects of negotiation, among other relevant issues, are examined. The research also addresses the Brazilian norms related to offset agreements, so that is possible to understand the most common practices and public policies related to Brazilian offsets. Practices arising from US standards that have the most impact on technological offset are also analyzed. Currently, the largest supplier of defense material to Brazil is the European Union. For this reason, the practices of the European Union related to offsets are analyzed, as well as those of transnational organizations, for example the World Trade Organization. Unstructured interviews were carried out to gather perceptions of government employees with experience in offsets, on practices related to offset agreements in Brazil, the United States and the European Union, in order to complement the analysis of the aforementioned practices. The research ends by addressing similarities and differences of the offset practices in the analyzed regions, as well as the causes and consequences of such practices.

This thesis deals with the struggle for land in the country of agrarian reform: the right found in the processes of peasant resistance in the northern region of the country - a case study of the Enilson Ribeiro/RO camp, using the case study research method, through bibliographic survey and procedural research. 7001613-22.2016.8.22.0022 - 1st Civil Court of Porto Velho/RO; No. 0014133-52.2010.4.01.4100 - 2nd Federal Court/Rondônia; No. 1029559-53.2019.4.01.0000 - TRF 1st Region 5th Panel. The processes were referenced along with the text and follow as an annex to the thesis. In chapter one, the northern region of the country was analyzed, its historical and geographic constitution and territorial formation, in order to understand the phenomenon of land grabbing and its dynamics from the formation of individual private property. In chapter two, a bibliographic survey was carried out on the struggles for land and agrarian reform in Brazil, with emphasis on the Pastoral Land Commission, and social movements: the movement of landless rural workers and the Liga dos Camponeses Pobres. Demonstrating the need to carry out an agrarian reform that starts from the people, from the aspirations of society. In the third chapter, an attempt was made to answer the thesis question: Who has the Right to Land? From the narrative of the formation of individual private property in the property, which happened, originally through a land grabbing process, to the occupation of the social movement fighting for land. The question that during the research is presented in a philosophical way, is answered in a symbolic way, with reference to the phrase that the movement uses to identify and demarcate its struggle “Earth for those who live and work in it”, in the thesis the phrase is found in the page 80, in a photo taken for the military police at the time of repossession.

Based on the case study of the judicial annulment of the demarcation of the Guyraroká indigenous land, this thesis
describes a process of deconstitution of the territorial rights of indigenous peoples, guaranteed in article 231 of the
Federal Constitution. Guyraroká, located in the state of Mato Grosso do Sul, had its territorial demarcation annulled
by the Supreme Court in 2014 based on the thesis of the temporal framework, according to which, only indigenous
people who prove to have been in possession of the lands demanded on the 5th October 1988 will have their territorial rights guaranteed. We will demonstrate that the temporal framework thesis is not an isolated fact and, more than a strong attack on the constitutional guarantees of these populations, it is characterized as the most recent link in 2 a chain of events that began in the Constituent Assembly itself and that, chained together, end up forming a real process that deconstructs indigenous territorial rights in Brazil.

This thesis focuses on the transformation of Law that took place within the Diamond District, situated in the region of Minas Gerais, Brazil, during 1771-1808. In 1771, the Portuguese Crown abandoned the contractors’ system for the extraction of diamonds, establishing a special institution to be responsible for this activity, the Real Extração dos diamantes. This top-down change in the administrative design of its colonial institutions had the purpose to rationalize and increase control of their productivity. However, the implementation of the new regime faced a series of obstacles, mainly related to conflicts of jurisdiction with local authorities. By picking this example, I argue that it is possible to observe the relevance of colonial institutions for the emergence of modern law during early modernity. The reason for that is because, even with the efforts of centralization, the royal institution was still permeable to local circumstances, not only disputing and denying normative expectations of the locals, but simultaneously partially incorporating them. The complex communicative process triggered by the creation of this institution paved the way to new concepts of law.

In this thesis, we understand to what extent training by competencies can contribute to the improvement of Brazilian legal education, historically the object of criticism and generator of "crisis" in Law. The first chapter describes the National Higher Education Evaluation System (SINAES) and its three evaluation procedures, as well as their respective indicators. In the second chapter, we study the epistemological and methodological resistance that surrounds Law Undergraduate courses, and how these aspects have contributed to the qualitative advancement of Brazilian legal education. Finally, in the third chapter, we analyze, based on participant observation in the Legal Research discipline of the Faculty of Law of the University of Brasilia (UnB), to what extent competency-based training can be developed in law courses. Law graduation. For this, our research was of a bibliographic nature, with a qualitative approach, and of the descriptive, exploratory and explanatory type, making use of the dialectical method, within an interdisciplinary view of socio-legal phenomena. In the third chapter of the investigation, the participant observation technique was used, considering our experience as an assistant teacher, dialoguing with documents inherent to the discipline. We show that competency-based training enriches legal training at the undergraduate level and contributes to the improvement of legal training, with a focus on the materialization of general and specific legal competencies, currently underdeveloped. Among the skills that are fostered in students during the Legal Research course, we can mention: ability to identify, pose and solve problems, ability to critically analyze and propose solutions to legal demands and ability to reason, argue and decide legally, empirical research, ability to practice interdisciplinarity, respect for democracy and human rights and teamwork. 

This work examines the institute of civil liability disciplined by the LGPD in order to detail the regime regulated by the normative. To pursue this objective, the analysis proceeds to identify the protected rights and conceptual distinctions necessary for the purposes of describing what qualifies as regular and legal processing of personal data. The work continues with the analysis of the consequences of an irregular processing of personal data. The LGPD extra-contractual civil liability regime is identified. Finally, this work addresses the dynamics of the use of personal data in view of the descriptive characteristics of Artificial Intelligence (AI) – seen as the representative element of disruptive technological innovations – with the aim of demonstrating the potential for normative protection of personal data in before possible damages caused by the use of this technology. The main innovation of the work lies in the structured classification of the LGPD's civil liability regime and in the defense of the instrumental characteristics of autonomous technologies (AI).

This interdisciplinary research examines critically the central role of the Brazilian Supreme Court in maintaining a stable and coherent jurisprudence, shedding light on its profound implications for the legitimacy of the court. Based on in-depth analysis of doctrine, case law, and comprehensive national research data from "A Cara da Democracia no Brasil," this study investigates public perceptions of the court and its decisions during a crucial period for Brazilian democracy.

 The hypothesis is that the failure to act in accordance with the legal duty to preserve a stable jurisprudence has fueled the emergence of populist approaches contrary to the Court, jeopardizing the institution's legitimacy. The study emphasizes the need to transcend the mere establishment of a legal mandate on the binding effect of judicial precedents, shifting the focus to the duty of consistency. By demonstrating the Supreme Court's commitment to this foundational principle, it will be possible to foster increased support for the institution among citizens, which is essential for protecting its independence, particularly during times of democratic instability.

 The work underscores the importance of going beyond mere legal formalities and emphasizes the significance of jurisprudential stability as a cornerstone for the legitimacy and public trust in the Brazilian Supreme Court.

While penal abolitionism is considered “utopia”, punitive practices continue to imprison, in several ways and in large scale (mass incarceration), black bodies like mine, under the title of (a) “justice” that, given its function of legitimate the defense of whiteness, it is incapable of solving the problems it has created and which guarantee its supremacy, based on legal colonialism. Indispensable for the system of racial injustice, prison, even in its known “unconstitutional state of affairs”, guarantees public security that naturalizes black death, being the expression of the unmodifiable colonial nature of a society conceived as a dehumanizing and segregationist territory. As an institution designed to arrest “evil” (especially those labeled as such) in their proper place (where all punishment is allowed and required), prison (i)logic reverberates the Christian ideology that makes prison the concrete translation of (white) hell whose subsistence stems from demonizing dogmas. Religious racism is, therefore, the basis of the principle of good and evil that (retro)feeds criminal law and the relationship between rights and duties of the Social Contract that orders the “modern State” and it humanitarian discourses. Pushing whiteness and all its monochromatic pacts into the middle of the anti-racist circle, this thesis, converging the insurgent (dis)order with the ancestral cries for freedom, proves that utopia is to continue believing that prison and criminal law can, someday, fulfill the promise to “do justice” (especially in racial terms) and save us from whiteness. It is prison as a “fair penalty” that ensures the legality of the multiple manifestations of structural genocide, inherent to the Racial Contract composed of several anti-black contracts, with necropolitics being the penal clause executed daily. It is by unmasking the punitive rage, which ensures the effectiveness of the Brazilian racial control system, with the racial depoliticization of the second largest black population in the world, that the crossroads formed by Afro-Brazilian criminology and Quilombist penal abolitionism, verse and reverse of the same project (dis)orderly guided by Exu, opens up paths of responsability on the complementarity between “good” and “evil”, freeing the dehumanized humanities from white (in)formal prisons. In this sense, the exuneutics, praxis linked in the transgressive writing, points to the abolition of prisons by marginality, carving out strategies of survival by following the steps and the (anti)juridical mandingas of Zé Pelintra, who reconceptualizes the black danger. Embodying the Quilombist tactic and transiting between worlds, circles, (counter)theories and practices that confess the “bankruptcy” of the prison, the black abolitionist project invades and occupies “restorative circles” to replace them with the circularity of an Afrodiasporic Restorative Justice, without getting lost in performative senses, to implode the racist foundational architecture of our society and its colonial(izing) culture. In this subversive movement, I rescue and (re)empower the rights that founded and sustained the Black Republic of Palmares, a unique model of a Plurinational Pluriversal Democratic State, structured on communitarianism, equality, freedom, non-otherification and good-live for the whole community, fundamental principles of the Quilombist Contract, constituent of the Afro-diasporic justice system that must be (re)constituted as a political project of an ancestral future.

This article deals with the topic of hospitality of the Other based on the work of the Brazilian Judiciary. Due to the diversity of otherities to which the study is subject, given the multicultural nature of Brazil, we choose the Other that presents a kind of radical otherness, namely: the Isolated and Recently Contacted Peoples. And in order to make our investigation exhaustive, we make two delimitations: institutional and casuistry. Thus, in this investigation, we analyze the hospitality of the Other by the Supreme Federal Court (STF) through the judgment of the Arguição de Descumprimento de Preceito Fundamental nº 709/20. A theoretical discussion is based on Jacques Derrida's philosophy of difference, especially in his concepts of: unconditional and conditional hospitality, différance and deconstruction of law. Based on these observations, this article seeks to answer: How does the Hospitality of Otherness work in Brazilian Law based on the decision of the Federal Supreme Court in the case of ADPF 709/2020? The methodology we use consists of a deep analysis of content, therefore, in addition to collecting relevant information, we offer our readers interpretations from Derridean thinking. The research also takes into consideration the contexts of the pandemic and advances in the country of the right extreme. And by way of results, we identify a hospitality of Other, conditioned to the calculations of positive law, but that aspires to be unconditional in the name of Justice.

This doctoral thesis in law investigates what the October 2019 protests in Ecuador reveal about the process of spatialization of the New Latin American Constitutionalism, investigating the scales, strata and layers of legality produced with it, the mediation mechanisms between them, the way they are being formalized and functionalized on the Ecuadorian national scale and their tension or harmony with other normative spatialities. The general objective is to problematize the limits and potentialities of the New Latin American Constitutionalism and to contribute to the efforts of elaborating a legal geography and a geographical constitutionalism. The basic theoretical framework of the investigation is the conception of space as a socially and historically produced relationship composed of an inseparable set of object systems and action systems, as well as the assumption that norms are products and producers of space, acting through naming, classifying, regulating, governing, and ordering practices. In turn, the constitutions have the functions of mediating the relationship between the geographic scales constitutive of a socio-spatial formation, of colonization and making viable the expansion of national States and, finally, of utopia and the avoidance of dystopias. The work is justified by the context of questioning the Latin American protagonism in rethinking canonical contents of constitutional law and elaborating world-wide proposals thought from the periphery of the modern colonial capitalist world-system. In this sense, the chosen event is a sample of this context and makes it possible to test the categories proposed by legal geography and geographical constitutionalism. Methodologically, the study uses a situated, multi-scale analysis, attentive to the legal imaginations and maps that the law anticipates through representations, assumptions and silences, in an exercise of experimentation in which the law intends to be reterritorialized through geography and from the encounter between different geographic scales that constitute the selected event (axis of coexistence), each belonging to different temporal scales of duration (axis of succession). The research is based on books, articles, reports, newspapers, magazines, maps, photographs, documentaries, state regulatory documents, and court decisions.

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The present thesis seeks to investigate the ways by which the freedom to produce innominate business contracts is constructed within the Brazilian legal framework, particularly considering the dichotomy between business customs and new business ventures. In order to pursue this objective, this thesis is structured upon a set of fundamental pillars, from which one intends to construct a path of critical appreciation of literature and jurisprudence concerning innominate business contracts, aiming towards reconstructing the doctrinal assumptions surrounding these transactions. These pillars include outlining the main lines of the General Theory of Business Contracts, by demonstrating the characteristics of the so-called typological method; evaluating the role of established customs and their relevance in shaping socially nominate contracts, and critically analyzing the methodologies for handling innominate contracts, in order to realign these strategies with the general guidelines that govern business contracts. Thus, this thesis seeks to address the theoretical deficit in the literature regarding innominate business contracts, concerning the methodologies for handling those agreements. This deficit is primarily due to the difficulty of the aforementioned methodologies in aligning with the social and economic pressures that lead to the creation of new legal models instead of relying on general clauses with limited explanatory capacity or regimes that are incompatible with those contemplated by economic agents. Thus, this thesis aims to contribute to the collective effort in constructing a General Theory of Business Contracts with some reflections on contractual atypicality, aiming to more clearly delineate the peculiarities of new business ventures and socially nominate agreements. It is hoped that the considerations systematically presented here will serve as a starting point for the examination of the subject matter with the complexity it deserves, surpassing initiatives to fill apparent normative gaps with solutions foreign to business practice, as well as perspectives that attribute absolute character to the freedom to contract which are incompatible with the legal framework of markets.

Objective: to analyze the normative parameters of the Brazilian legal system regarding access to genetic information in the context of the risks posed by new technologies in assisted reproduction, especially in scenarios of vulnerability and genetic discrimination. Methodology: a) analytical-descriptive research is employed, with a conceptual and exploratory approach, using the deductive approach and systematic legal interpretation methods to study the regulation of technological risks in assisted reproduction and to investigate the legal informational dimensions and parameters surrounding reproductive technological risks, particularly within a context of genetic discrimination and vulnerability; b) the text and data analysis technique known as text mining is used to retrieve information from the Espacenet patent database in order to present the technological state of the art resgarding polygenic risk scores for embryos in assisted reproduction; c) the inductive-deductive process is used to create categories for systematic content analysis in blogs, news articles, and recent articles involving informational asymmetry in the relationships between doctors and patients in the field of technological innovation in assisted reproduction. Results: there are indicators that affect the parameters of access to genetic information in assisted reproduction: informational asymmetry in complex and controversial scenarios; the lack of genetic diversity in genome sequencing databases for underrepresented individuals, which exacerbates genetic discrimination against vulnerable individuals; and the lack of scientific evidence for long-term monitoring of individuals over decades and subsequent generations, given the heritability of genetic changes. Conclusion: the normative parameters for access to genetic information are established through a systematic interpretation of completeness between the Brazilian legal system and soft law legal institutes. Although persuasive from an interpretive perspective, these normative parameters may be insufficient when applied to specific cases involving vulnerable individuals in the face of technological innovation in assisted reproduction.

The aim is to identify the theoretical proposals of the Democratic State of Law and its concrete projections on the formatting and functioning of public institutions, in addition to a look from a historiographical perspective on the formation of the Electoral Justice model to understand that fraud attributed to the system of verification of powers did not serve at the heart of the exhaustion of the previous model and the creation of the Electoral Court, but rather the relationship between the Powers. The identification contributes to the understanding of the structural conditions existing in the institution under analysis, such as the logic of discarding the legislative instrument as a means for creating electoral and party norms and the search for reforms via “decree”. It also assesses the conformity of the Brazilian model of electoral governance based on constitutional assumptions in comparison with the institutional architecture and mode of operation of the Electoral Justice, in an analysis promoted based on the framing of the competencies of the Brazilian model at the levels of rulemaking, application of rules, diplomacy and contentious activity (judgment of rules).

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The present academic work investigates the activities developed by the Strategic Action Group of State Public Defenders in the Superior Courts (GAETS) for the formation of precedents favorable to the human rights of vulnerable people. It aims to assess whether the actions developed by its members, such as the use of strategic litigation and advocacy techniques, effectively contribute to the persuasion of ministers in sensitive judicial demands to the public assisted by the Public Defender institution and which points can be leveraged. The methodology used included semi-directive interviews with members of the GAETS, quantitative analysis of the processes with the participation of State Defenders in the STF and STJ and qualitative examination of judgments from these bodies with the intervention of the group of public defenders. The results obtained showed that the participation of GAETS members in the criminal proceedings of the STJ occurs in about 31% of the cases, while in actions in general this participation is reduced to approximately 8% of the processes. There is, therefore, a preponderance of collective action in matters of Criminal Law in the STJ. Within the scope of the STF, the proportion of cases involving state defense offices is reduced, hovering around 1% of the demands, also with prevalence in the criminal area. It was found that there is a considerable difference between the demand of the various state defense offices of the GAETS. Qualitatively, it was concluded that the attributions of the GAETS, its petitions as amicus curiae, arguments, use of research, meetings with ministers and other instruments of strategic litigation contribute positively to the higher courts emanating beneficial jurisprudence to the socially excluded and exposed. It was also suggested that the appointment of professionals with exclusive activities in the GAETS activities, the creation of a computerized system for the group and its own administrative structure (with coordination) could optimize the results of the work carried out.

This paper approaches the amendments to the Law on Misconduct in Public Office brought by Law N. 14,230, dated October 25th, 2021, and the impact it has had on the liability framework, elaborating on the debate arising from its enactment, which would lead to the weakening of the fight against corruption in Brazil, due to the removal of the definition of acts committed unintentionally. A study is conducted on the reasons for amending the legal norm previously in force, considering the context of loopholes, legal insecurity and state discretion experienced after the triggering of anticorruption task forces and operations in recent past decades. In addition, the study comprises the intention of the legislature for characterizing the liability system for misconduct in public office, as well as its placement as a part of Punitive Administrative Law, which borrows parameters and criteria that are typical of Criminal Law for interpreting the norm. After assessing the requirements for establishing misconduct in public office (intent and bad faith) and the purposes of sanctions, as well as the need to observe proportionality and mitigation of discretion risks generated by the pluralism of the State, analysis is made on whether the so-called "new Law on Misconduct in Public Office – new LMPO" would decrease the fight against corruption or whether, in fact, it would assure greater legal security for public officers. It should be concluded, upon case law research, that convictions previously rendered due to the practice of unintentional wrongful acts are inexpressive in this liability system and could be more appropriately punished with other manners, such as the action for restitution to the treasury and the Special Rendering of Accounts. Thus, the removal of the enforceable provision for the faulty act does not have the power, by itself, to weaken the punishment of corruption. Furthermore, it should be highlighted that Government may take relevant steps with the adoption of other mechanisms to tackle corruption, such as the adoption of internal governance programs in their scopes.

The Federal Constitution of 1988 (CF/88) gave the control of public affairs to the people through the ownership of external control of the Federal Public Administration to the National Congress (art. 70, art. 71 and 75, all of CF/88). The National Congress, when exercising this function, will have the assistance of the Federal Audit Court (TCU), which has its own constitutional powers (art. 71, CF/88) and has its members chosen mainly by the National Congress (six ministers chosen by the National Congress and three by the President of the Republic), in order to ensure popular representation.

It so happens that, despite the Federal Constitution have created a system that attributes to the people the external control of the Public Administration, the full exercise of such control depends on the effectiveness of the decisions of the Courts of Auditors, that is, if the decisions that impute debt and condemn in fines are actually executed and imply the effective recovery of treasury values.

In order to verify the effectiveness of such decisions, in the present work, a quantitative and qualitative study was carried out on more than a hundred lawsuits and hundreds of their documents that made up a sample of the processes of execution of TCU decisions with pecuniary repercussions. As this study demanded a great effort of research and analysis, it was necessary to develop specific technological tools for the automated analysis of the processes.

The development of this type of technology was fundamental to enable the mentioned study, as the manual analysis of more than one hundred processes and hundreds of procedural documents, in addition to being unfeasible, would certainly be inaccurate and would involve many errors. Thus, the developed tool consisted of a computational system written in Python was composed of three programs, or modules, in the technical language: 1- data extraction; 2 – data structuring and; 3 – data analysis.

In this way, the first program automatically extracted information from the judicial acts of the processes according to the parameters defined for the sample. After extracting the data, another program organized and structured the extracted information, and finally, a last program analyzed the collected data and created comparative tables and graphs of the information requested.

As a result of this analysis, it was found that, among others, in the sample of 115 proceedings for the execution of debts or fines from TCU decisions, in only 9 requests for precautionary measures to ensure the payment of debts were granted, that is, in only 8% of the sample. In these 9 cases, even considering that the precautionary measures were issued before the summons of the defendant and in a relatively short period of time, which on average was 58 days, all the precautionary measures were ineffective.

Thus, the study proved that the judicial execution of debts from TCU decisions is inefficient and ineffective, and that the search for alternatives for extrajudicial execution is urgent, under penalty of total ineffectiveness of the aforementioned decisions. In this context, the Protest proved to be an interesting option, both because it is legally viable and because it has presented several positive results in the collection of Active Debt Certificates from several federated entities.

 The objective of this research is to investigate the extent to which federal environmental, mining and law of the sea regulations at the national level provide the compatibility between mining activity in the Brazilian territorial sea and the environmental protection of biodiversity, ecosystems and service ecosystems of the coastal environment. The indispensability of mineral resources on the part of society generates conflicting interests between the advancement of economic activities, which, in turn, aim at maximizing profits with environmental sustainability. Thus, when inserting this premise in the context of mining activity in the geographic area of the territorial sea which is characterized by the scientific lack of knowledge of biodiversity and the environmental vulnerability of the transition region from land to sea, it is concluded that the rules that affect the activity of mining in the region do not provide compatibility between the activity and environmental protection. The methodology used was the critical analysis of the norms arising from the environmental, mineral and coastal sectors, and their respective public policies. The research identified substantial normative and procedural limits that lead to the conclusion that normative improvement is necessary, mainly based on the differentiation between terrestrial and marine environments. On the other hand, from the verification of these normative limits, perspectives were brought as answers to these, as well as other proposals unrelated to them.

The exercise of the right to tax immunity on temples of any worship is a demand pleaded by Afro-Brazilian religious communities since the Federal Constitution of 1988. With the objective of investigating the concession of this constitutional guarantee to the povo de santo, this dissertation analyzes religious racism and how it is present in tax relations. For this, were used a literature review on race and racism, the exposure of legal interpretations of thinkers in the area of tax law and analysis of three decisions of the Supreme Court on the institute of tax immunity for temples of any worship. Requests for access to information were sent to the municipal finance departments of ten Brazilian state capitals. The results were analyzed through the lens of the new fiscal sociology studies and showed a near absence of requests for tax immunity for terreiros. In this sense, it was identified that structural racism is still effective in making the conquests of the black population unviable. The research concludes that the history of persecution against the saint people, the presence of a socio-legal order based on standards of whiteness, make up a context of low applicability of constitutional guarantees that deal with the tax-terreiro relationship.

This dissertation analyzes three criminal actions within the jurisdiction of the Jury Court of Taguatinga, administrative region of the Federal District, in which the Victim, a transaffective woman named ÁGHATA LIOS, was intentionally murdered by the accused parties. In the criminal actions explored, transphobic contents stand out not only in the final judicial speeches, in the sentences, but also in the path until the plenary session of the jury court took place: in the investigative phase, during the judicial instruction phase and during the act solemn judgment in plenary. It is identified, therefore, that the institutional judicial discourses were silent in their pedagogical-symbolic function, because, in addition to being transphobic, they did not advance towards the reparation of the Victim ÁGHATA LIOS in relation to her experiences as a transaffective woman. The reasoning undertaken in this research goes through the embodiment and attack on the lives of LGBTQIA+ people, the development of the ritual legally provided for the jury trial, as well as the demonstration of transphobics evidences that were taken from the criminal actions analyzed. The methodology used permeates the harmful effects of gender binarism (LEVY, 2004), the socio-cognitive interactional notion of discourse (KOCH, 2005), both linked to what Haraway (2009) calls "localized knowledge". At the end, as a sign of respect for the life and history of ÁGHATA LIOS, the last section is dedicated to the attempt to provide a form of reparation to HER, with the song 'Balada de Gisberta' (ABRUNHOSA, 2007), performed by Maria Bethânia, as a motto and inspiration.

From the edition of Regimental Amendment 53, of March 18, 2020, which amended the Internal Regulations of the Supreme Federal Court (STF), all judgments within its competence can now be carried out before the so-called virtual plenary, an electronic judgment platform in which the ministers post their written votes, related to each process, without need of synchronous meeting to hold oral debates. At a time when more than ninety percent of court judgments began to take place on the virtual platform, the present work proposes to observe the consequences of this migration – from the physical to the virtual plenary – from the perspective of a rhetorical theory of law, which takes it as a rhetorically constructed social enterprise and foregrounds the discourse produced by the actors who manipulate it. For that, it was tried to produce a comparative analysis between the discourses coming from the physical and virtual plenary, seeking to detect and understand the differences and similarities of the rhetorical strategies used by the ministers in both environments. After carrying out a study about the characteristics of the virtual plenary and its judgment methodology, exposing the points that make it significantly different from the physical plenary, the research used the methodological instrument called Empirical-Rhetorical Analysis of Discourse to proceed with the rhetorical analysis of two judgments of the plenary of the STF, one coming from the physical environment and the other from the virtual environment. The resulting analysis revealed a significant difference in the quantity and classification of rhetorical markers constructed as parameters of analysis, revealing the eminently rhetorical character of judicial practice, given its sensitivity to changes in the institutional design of the trial environment in which its participants are immersed, alterations able of affecting the communicational relationship formed between the judges and their audience.

The adoption of a system of binding precedents by the Civil Procedure Code of 2015 requires a more detailed study of its systemic compatibility with the Electoral Justice. The present study takes, as a starting point, Hart's conception of the open texture of law and the rule of recognition, and how precedent can serve for a better understanding of law. In the next step, it revisits the debate between Hart and Dworkin, analyzing the proposal of Law as Integrity and the usefulness of the figures of the chain novel and of Judge Hercules in judicial adjudication in difficult cases, always under the prism of the importance of precedents. The internalization of these aspects of foreign doctrine in our legal system passes through the filter of neoconstitutionalism, putting under a magnifying glass the question of weighting judgments exercised by the Constitutional Court, with effects reverberating throughout the judicial system. The stare decisis, core of the binding effect of judicial precedents, is then analyzed, visiting its origin, its horizontal and vertical binding force and the reasons why the legal schoolars understands that precedents must be observed. Finally, the compatibility of a system of precedents with the Brazilian Electoral Justice is analyzed, notably under the sign of artigos 926 and 927 of the Civil Procedure Code of 2015, and light is shed on electoral jurisdiction, studying judgments of the Superior Electoral Court under the prism of the temporality of the terms of its members, the use of monocratic decisions in disagreement with decisions of the collegiate , the effects that electoral legislation produces in neglecting the observance of precedents, the decisions that remove the law and precedents to impose justice in the specific case, culminating in the measurement of the constant changes in jurisprudence that authorize the perception of what is called chain of romances

This paper seeks to understand which advertising practices based on the processing of personal data are legitimate and which situations should be considered abusive. In this way, it seeks to understand which legal bases justify such processing, what are the possibilities of interpretation of the rights of the data subject, and what are the obligations of the processing agents. Based on a broad literature review, we intend to define the limits and best practices on data processing for advertising purposes in digital media, especially when considering the personalization of content.

This research aims to analyze the reasoning used by the Court of Justice of São Paulo on its rulings in habeas corpus - HC in 2018, in which the legality of provisional detentions of expecting ladies and women with children, served inside correctional facilities, was judged, after the Brazilian Supreme Court’s decision in the HC 143.641/SP. The research was done in two phases. First, from a quantitative and qualitative analysis, judgments were selected by the criteria of (a) rejection and (b) disregard of the Supreme Court’s jurisprudence established in the HC 143.641/SP. 424 rulings were selected. In that universe, the main reasons to deny the substitution of pre-trial custody for house arrest of mothers and pregnant women, even after the aforementioned habeas corpus was granted by the STF, were identified. Then, the judgments’ argumentative pattern was drawn in order to identify any gender stereotypes articulated on those rulings. This study concludes that there was partial resistance in adopting the house arrest of expecting ladies and mothers of children or teenagers with disabilities, and that the breadth of the expression “very exceptional cases”, used by the Supreme Court, weakened its own ruling, since it led to to the indiscriminate use of reasons alien to the rationality of the article Brazilian Criminal Procedure Code’s article 318 and unrelated to the premises settled in the aforementioned habeas corpus’s ruling, as well as gave room to the attribution of moral judgments and gender stereotypes on the grounds of deciding.

Since 2015, Brazil has faced decreased public funding for policies to confront domestic and family violence. Despite this context, the State of Piauí, in the Brazilian northeast, implemented some innovative actions such as creating the Investigative Nucleus for Feminicide, the 24 hours police station for gender crimes (Plantão Policial Metropolitano de Gênero), and the Salve Maria app. The present research aimed to analyze the scope and limits of the use of technology to promote access to justice in situations of domestic and family violence. For this purpose, I studied the case of the “Salve Maria” app, a tool created in March 2017, analyzing its implementation in Teresina city. The essential feature of the “Salve Maria” app is that the complainant can activate it by pressing two buttons, panic or denunciation, activating the police service. I based my analysis on twelve semi-structured interviews with professionals from the public security sector who occupy either management or operational roles in implementing this security policy. Also, I triangulated the qualitative data with quantitative information registered by the app. The study concludes that technologies can facilitate access to institutions of the justice system and public security in contexts like the covid-19 pandemic and the public transportation crisis experienced by the capital of Piauí. However, the use of technologies has a situational scope, and there are several limits for the policy to endure over time. It was not possible to carry out an intersectional analysis of the policy since data about gender identity, ethnicity, and race of the victims were unavailable. It was also not possible to analyze the flow in the criminal justice system of the cases activated in the Salve Maria application since the application system was not integrated into the standard police systems, preventing the mapping of its processing and eventual conclusion in the judicial sphere. Finally, the use of technology as a mechanism to access justice in cases of domestic and family violence has favored a punitive application of the Maria da Penha Law, an old issue in the debate about the law’s implementation.

The present work was dedicated to the study of consensual practices developed out of court in the public administration and the analysis of the possible impacts of this approach to the conflict as a way to inhibit the judicialization phenomenon. Starting from the understanding that judicialization is a phenomenon experienced in the Brazilian State due to the incomplete democratization experienced after 1988, it was observed that the actions of the Judiciary, dedicated incisively to the protection of constitutionally guaranteed rights, represent an obstacle to the implementation of a model of participatory democracy, since, based on the culture of the judgment, popular participation and social control in the public administration are discouraged. Recent social and state movements have dedicated efforts to promote a rapprochement between the population and the state, guaranteeing that only claims in which the protection of the courts is indispensable are taken to the judiciary. Concerning the promotion of consensual practices in the public administration, we intend to analyze whether the self-composition of conflict is favorable to the increase of Brazilian democracy and whether the adoption of these methods of dispute resolution is already present in the public administration.

This work has aimed to propose a relationship between racism, whiteness, and the requirements for granting possession of firearms conducted by Statute of Disarmament (Law 13,826/2003). It is a qualitative research whose methodological aspects concern literature review and documentary search. Regarding the literature review, we have focused on modernity/coloniality, and slavery as well as concerning victimization by firearms in Brazil. The main interest is to identify and discuss how the management of gun license/possession has been the core of the structure of the modern project of coloniality. Regarding documentary search, it has encompassed the Annals of National Constitutional Assembly (1987/88), and the Statute of Disarmament and their regulatory decrees. The former aim to present and discuss the main aspects of the debate embracing criminality, racism, acquisition, and possession of firearms. Plus, it is clustering as well the legal and legislative discourses delivered before the endorsement of Law 10,826/2003, and the provisions of this Law as well as the unspecific moral requirements and the discretion and selectivity when the concession to acquisition and possession of firearms in Brazil. We proposed a theoretical-methodological dialogue among Critical Theory of Race, Studies of Whiteness, and Critical Studies of Discourse to analyze all the corpus. This work allows for deducing that provisions of the Statute of Disarmament (and their regulatory decrees) are filled with unspecific moral requirements that imply discretion and selectivity from the administrative authority relating to warlike authorization. Requirements such as income, place of residence, proof of moral repute, and lack of police investigation or criminal process contain a moral load from the view of whiteness and then imply the racial filter and control in Law enforcement. By these means, the acquisition and possession of firearms in Brazil is a racial privilege, in effect, the legal framework that regulates all the use of firearms assists the whiteness’ yearnings for the warlike system. It has a relevant impact on the management of deaths of the black population in Brazil.

The present work deals with the case study proposed from the political-perfomatic action carriedout by the transvestigenre activist Indianarae Siqueira that took place in the 2011 Marcha das Vadias in thecity of Rio de Janeiro - RJ. The theoretical framework for this analysis is based on the critical fortune of The Law Found on the Street project, which offers support tools for the realization of full recognitions andemancipations of collective subjects based on its epistemic and theoretical assumptions. That adds topractical assistance to the concepts brought by Axel Honneth's Theory of Recognition, with special interestin the spheres of law and solidarity. In this study, the term ghetto territorializes the perspective ofLGBTQIA+ people within the metaphorical proposal of the “street”, which The Law Found on the Streetoffers when it democratizes, pluralizes and emancipates political, public and collective spaces. This actionmeans a territory of emerging “quilombo-queer” alliances that generate biopowers. In that regard,Indianarae Siqueira's action is surgical. It reveals how these spaces in addition to spatial segregation cangenerate biopowers that destabilize the binary and cisnormative status quo, enunciators of new andemancipatory rights. Some important achievements gave rise to an effect, that shows itself illusory. From aformal perspective the feeling is that there would no longer exist a motivation to fight for. The truth is thatthere is still much to fight for in a context of permanent dispute and tension around the construction and densification of LGBTQIA+ recognition. The general objective of this research is to analyze the action ofpolitical-performatic resistance practiced by a body that is not subjected to binary and cisnormative devicesand their reverberations. If and how the Law was born in the ghetto can be an instrument of struggle andemancipation of collective biopowers capable of proposing densifying perspectives of the right torecognition of LGBTQIA+ people. Due to the challenges posed by the pandemic, the thematic andmethodological approaches used in this research had to be remodeled and for that, the extended casemethod proposed by Boaventura de Sousa Santos was used. As it is an action of extreme complexity anduniqueness, it was possible to analyze it in depth. This method was activated through techniques ofsystematic observation, semi-structured interviews, document analysis, bibliographies and in-depthinterviews.

This master thesis seeks to lay out the sociological and legal-constitutional grounds that support a comprehensive, coherent and effective approach by competition law in the control of economic power, given the strong relational context of the Brazilian economy and the current scenario of consolidation of private economic power in contemporary capitalist democracies. The increasing and alarming economic power concentration distorts not only the competitive environment, but also seriously affects the integrity of the Brazilian political and democratic system, as it entitles economic elites to privileged access to political and governmental entities and, thereby, to undue economic advantage. The range of effects resulting from the market power concentration goes beyond the purely economic sphere and, as it impacts diverse dimensions of social life, it should also broaden the notion of economic power as understood by the Brazilian competition law. The sociological conception of markets and the crony capitalism in Brazil articulate a theoretical and empirical framework that highlights the essential role of social relations in the structuring of the market economy and the economic performance of private agents. Therefore, competition law must grasp the close relations that bind economic  power and political power in Brazilian capitalism and promote the untangling of these ties in the merger control review, as a requirement to ensure its own effectiveness and the protection of competition on the merits. The Brazilian Constitution legitimate and validate such approach, as it institutes an economic order based on principles that require considering political and social values for an effective protection of the competitive process aimed at repressing the abuse of economic power. From these reflections and theoretical bases, the study proceeds to an empirical analysis of the decisions ruled by the Administrative Council for Economic Defense’s Board in merger control cases, in order to observe if the competition authority apprehends political ramifications in market power analysis. The results converge with the working hypothesis that a superficial conception of economic power, guided by Chicago School antitrust theory, may have limited the perception and incorporation of the political effects of market power concentration into the competition analysis.

This study aims to understand the impact of the Civil Procedure Code of 2015 (CPC/2015) on the activities of the Superior Court of Justice (STJ), especially about the edition of precedents. Based on the theory of Luiz Guilherme Marinoni, that the Superior Courts should no longer play the role of a court of review, but of interpretation, and of Conrado Hübner Mendes, for whom the deliberations of the constitutional courts must be substantially collegiate, still passing through the analysis of statistical data (before and after the new code came into force), it was considered that very little progress had been made in this transition from the STJ as a superior court that produces dominant jurisprudence to one that edits precedents. The bottlenecks that limit the performance of this guiding function of society and collaboration with the Legislative Power in the development of Law are highlighted, as well as, in the end, a new proposal for collegiate deliberation procedure is suggested.

This dissertation analyzes, under the mediation of black hermeneutics, the construction of paid domestic work in Brazil, especially regarding the period between post slavery abolition and the overthrow of the civil-military dictatorship (1888-1988). Therefore, it is based on a triangulation between Law, History and Literature (KARAM, STRECK, 2018). It seeks to understand the realities surrounding domestic work in Brazil, the difficulties around legislating on the subject, the unequal juridical-labor status of the category when compared to other workers, and the persistent "servants' crisis" (JOÃO DO RIO, 1910) conveyed by the employers' language. This is done through an analysis of journalistic material, legal norms, Brazilian literature, and discourses of the unionized struggle of domestic workers - with emphasis on the last two, it is highlighted the trajectory of Dona Laudelina de Campos Melo (PINTO, 1993) and the literature of fiction-truth contained in the prose written by Conceição Evaristo. This unveils a system of violence and images of control linked to the figures of black women in the category of domestic workers, placing them in a non-place of existence, the Other, an object-being, holders of various obligations and duties, but without any privileges or perks, always suspected and watched. Moreover, they had their labor forces used as economic support for Brazilian capitalism and for the white heteronormative nuclear family. Their bodies and their children are the main targets of state violence (COLLINS, 2019; GONZALEZ,2020; CARNEIRO, 2005; FLAUZINA, 2006, 2014). By interweaving these narratives with the “pretuguês” (black distinction of the portuguese language) accounts of the domestic workers' struggle for rights and the writings of black women, we find “ginga” and “quilombismo” as fundamental tactics for confronting the rules of silencing and constructing a new hermeneutic of the normative universe that surrounds us. (GONZALEZ,2020; CERTEAU, 2000; EVARISTO, 2009; BARBOSA, SANTOS, 1994; NASCIMENTO, 2002; COVER,
2016)

What does the linguistic turn have to say for law? Since the mid-twentieth century, theories of law have sought to overcome its metaphysical foundations that were once provided by natural law. The formulation of increasingly sophisticated and analytically consistent theoretical models would be able to ensure that law was now in line with the demands of the so-called postmetaphysical thinking, which marks Western contemporary philosophy. At the same time, this task would be undertaken without abandoning the moral, prescriptive and/or deontological standards that are responsible for the very meaning of law. However, judicial decisions show that, in reality, these theoretical archetypes do not always fulfill themselves in the empirical dimension of legal experience. Apparently, this disparity calls for a more accurate philosophical clarification about language itself. Therefore, this dissertation’s first chapter will analyze some of the philosophies of language that were decisive for the linguistic turn – both phases of Ludwig Wittgenstein’s thought, the philosophical path trailed by Martin Heidegger, the critical appropriation of language by Ferruccio Rossi- Landi’s Marxist philosophy and, finally, the pluralistic and negative perspective towards language in Julio Cabrera’s philosophy. The second chapter, driven by the thoughts exposed in the first, will address some of the most relevant and prominent theories of law since the overcoming of natural law – legal positivism in the works of both Hans Kelsen and Hebert Lionel Adolphus Hart, Ronald Dworkin’s legal post-positivism, Jürgen Habermas’s discourse and procedural theory, the particular interpretation of law in Brazil by Marcelo Neves and, at last, Theodor Viehweg’s legal topics model. The third and final chapter will analyze examples of Brazilian judicial decisions that use legal language in the most surprising, unpredictable and exotic ways possible, many of which are not easily assimilated by most of law’s current theories. In the end, it will be stated that – once again, in the realm of so-called postmetaphysical thinking – law’s deontological and moral meaning must necessarily occur by means of a more precise and correct elucidation of language – both in terms of its internal perplexities and in what relates to its abyssal and profound structural distortions.

As his characters, Machado de Assis witnessed great changes throughout the end of the 19th century in Brazil influenced by liberal theories, in its legal-political sense. The challenges of an ongoing historical process and the impact of everyday events, triggered, in Machado de Assis, the construction of a fictional voice that will use tales, chronicles and even novels to report the tensions between facticity and normativity. Using irony, good humor and even fantasy, his denunciations raised against legislative omissions involving enslaved people, as well against the use of scientific and liberal ideas, belonging to the global community, in the constitutional formation of Brazil. The potential of these narratives, even if distant from the formal legal sources, reveals, between the lines, a significant load of historicity and reflection for Brazilian constitutional law.

This work aims to investigate the opportunity to change the
Brazilian presidentialism for a semi-presidential system of government,
considering the successive crises faced in the country, at the level of the Federal Government.
Therefore, the study involves both immersion in the history of the exercise of Power
Executive in Brazil, since the First Empire, regarding the critical examination of the elements
that characterize the current governance model. In detail, the first chapter studies
the characteristics of systems of government most typically observed in nations
of a democratic regime. The second chapter, in turn, addresses the progression
history of how the Brazilian government was exercised from Independence until the end
of the military regime that started in 1964. In the third chapter, the dissertation examines the
political conjuncture verified during the democratic transition and the possible
influences of the period in the choice of the presidential system of government. The fourth
The chapter turns to the study of how the exercise of the Presidency of the Republic has been
since the promulgation of the Federal Constitution of 1988. Finally, in the fifth part, the
work assesses whether the crises that frequently shake the country are related to the
malfunctioning of Brazilian Presidentialism, whether it would be opportune to replace
of the current model by a semi-presidential system of government, as well as whether the
structuring of a new system could already begin immediately, under the order of the
Letter from 1988.

In view of the legal and legislative movements represented by Laws n. 13.103/2015 and 13.467/2017, which, contrary to the concrete reality, conceive health and working hours as separate categories, the research proposes to analyze the relationship between the fundamental rights to health and limitation of working hours, first at an abstract level and, later, in terms of the work relationships of professional drivers in cargo transport. The deductive approach and techniques of bibliographical and documentary research are employed, based on literature review and analysis of legislation and jurisprudence. The fundamental right to decent work is taken as a theoretical reference. This category, based on the material and normative interdependence between the dignity of the human person and the social value of work, points out that the value to be protected and promoted by the constitutional order is the work carried out in conditions of dignity, through the exercise of fundamental rights. The research shows that the essential content of the workers' fundamental right to health comprises the employer's duty to comply with the norms that limit working hours and the fundamental right to limitation of working hours, whose logic has been disrespected by strategies of extension, intensification and flexibility of working time. In the case of professional drivers in cargo transport, it can be seen that the current normative regulation of working hours is incompatible with preserving the worker's health, insofar as the excessive working hours, consolidated as an element of the organization of the work in this economic sector, is associated with the involvement of workers in traffic accidents, the use of amphetamines and the development of psychic disorders and muscoskeletal and auditory dysfunctions. Having verified the insufficient payment of overtime as a regulatory jurisdictional policy to contain the systematic violation of the driver's fundamental right to limitation of working hours, the research defends the argumentative reinforcement of the inseparability and indissociability of the protection of fundamental rights to health and limitation of the working hours.

This research aims to investigate the relationship between the right to the city and gender and, in perspective, to analyze the experience and daily life of women who participated in an urban occupation in Goiânia/Goiás  and currently live in the residential housing intended for families who have gone through the violent process of eviction. It is questioned what are the narratives and perceptions of the women who participated in the Sonho Real Occupation in Goiânia/GO, which took place from 2004 to 2005, and who currently live in the Residencial Real Conquista, in the aforementioned capital, about access to the right to the city and to adequate housing criteria in the new area. In addition, it is verified whether these subjects develop their own social practices that are related to the struggle for the right to the city. There is, therefore, a focus on the possible challenges faced by these women and struggles for the right to the city that were or are being fought in the new place of residence. In addition, the historical-social contextualization of the Sonho Real Occupation, the eviction and subsequent journeys is also carried out based on the reports of these women, in dialogue with other sources on the subject. As a methodology, there was a bibliographic review and a case study with empirical research, with an interdisciplinary perspective, as well as the use of Law Found on the Street as a theory of Law. The bibliographic review focused on the themes of the right to the city, the right to adequate housing, gender inequalities, intersectionality and Law Found on the Street. In turn, with regard to the field research, it was carried out at the Residencial Real Conquista, from the contact with residents of the neighborhood, who also participated in the Ocupação Sonho Real. There were semi-structured interviews in conversation circles, as well as participant observation. The research revealed that there is a dominant conception of the construction of cities guided by a market logic, which is also permeated by gender inequalities, having the sexual division of labor (and reproductive work) as one of its pillars. In this scenario, marked by contradictions and denials of rights, women - mainly black and peripheral - are more impacted by the needs in the urban space and are the majority in the struggles for the right to adequate housing and the right to the city. In the case of Ocupação Sonho Real, the vision of a city-merchandise also supported the eviction that culminated in several human rights violations, from the action of various actors and actresses that are described in this work. Life at Residencial Real Conquista was also marked by needs, emerging collective subjects of law that develop everyday social practices of resistance and are capable of instituting rights that involve the criteria of adequate housing and the construction of the Right to the City.

The research is aimed at analyzing to what extent the public and private mechanisms established in Brazilian legislation allow minority shareholders to achieve civil reparation in the face of harmful conducts perpetrated by administrators and controllers within the scope of Brazilian companies. Through exploratory research, especially including bibliographic and normative survey, this work analyzes the civil liability of administrators and controllers from the perspective of the institutionalist theory; the mechanisms established in Brazilian legislation to achieve the reparation of civil damage suffered by minority shareholders; the mechanisms established in North American legislation to achieve the reparation of civil damage suffered by minority shareholders; and the contributions of the US legislation to the challenges faced by shareholders trading shares in Brazil. The purpose of this work is to identify the public and private mechanisms that are established in Brazilian legislation to achieve civil reparation of damages suffered by minority shareholders and to identify the existing challenges to consolidate the right to civil reparation. The dissertation has found that, in terms of Brazilian regulation, the minority shareholder does not have effective public and private mechanisms to consolidate its material right to be refunded for the illegal acts committed by managers and controllers yet.

This research was motivated by the perception that the right to privacy in criminal proceedings has not been keeping pace with the fast digitization of life. Despite the obvious applicability of privacy rights to personal data processing, in criminal proceedings, the right to privacy does not present itself as an instrument of regulation or constraint of the power of the police to manage algorithms. From these issues, the guiding question for this research was outlined: Where does the legal theory of privacy stand in relation to new technologies in criminal proceedings? By legal theory of privacy, I mean what I have identified as the theoretical common sense of jurists on the right to privacy in the criminal field. The technological phenomenon problem was narrowed down to algorithms in policing. Methodologically, I acknowledge the quality of the criminal procedure doctrine (chapter two) as a means to an end but I deny its analytical potential. This led me to search for the material effects of criminal proceedings instead of the theoretical ones. Prior to the discussion on algorithms in policing, three focuses of analysis were addressed: the theoreticalpolitical background on the right to privacy (chapter three), the Brazilian historical-social construction post-abolition (chapter four), and an empirical approach to police practices in the management of intimacies (focused on home invasions) in the context of the war on drugs (chapter five). After studying algorithms (chapter six), I tackled its most pressing problems: opacity/transparency, data quality, and racial bias. I also examined governance, information management, and the dispute for informational capital in the field of public security (chapter seven). The general argument leads to a proposition: the right to privacy must have a normative force on algorithmic policing. To sustain it, I analyze the social relations in the world of big data with regard to corporeality, the exercise of intimacies as a source of resistance or domination, and the role of individualism in the non-recognition of the collective as a subject entitled to the right to privacy (chapter eight). The right to privacy does not prevent the dogmatic approach in criminal proceedings from sustaining the conditions to maintain the criminal management of intimacies in the hands of the police. Currently, the war on drugs is the stage for this historical reality. As the right to privacy begins to be timidly applied to constrain police power, such as home and cellphone searches – subsequent to the racial studies –, new possibilities for surveillance appear on the technological horizon, such as algorithms. In contrast to its power to “imprison” subjectivities, a right to privacy also emerges, with the potential to protect the collective, intersubjective and immaterial level of life. This means a right to privacy able to also protect personal information under police systems, rather than protect only private property related to individualized crime procedures.

This doctoral thesis is an empirical study that aims to analyze the bid rigging practices punished by CADE between 1994 and 2019, in order to evaluate two hypotheses, called, respectively, necessity and complexity: (i) in Brazil, most cases of bid rigging are related to acts of corruption or, at least, to indicative elements of their practice, as well as (ii) the coexistence of these two illicit acts in the same factual context substantially alters their characteristics, in many situations undermining some of the controls routinely used for their identification and repression. The text is divided into two chapters. The first one includes three axes, which start from general themes and gradually approach the bid rigging practices, on the axis of competition; corruption, on the axis of administrative probity; and the intersection between the illicit practices, on the axis of complexity. In addition to the construction of research hypotheses, this chapter also substantiated the categories used for the empirical study. The second chapter, in turn, is divided into four axes: a preliminary one, which evaluates the Lava Jato cases being analyzed by CADE; another that deals with the study of sanctioned bid rigging practices; a third in which, based on the data extracted from the main research, it is analyzed how CADE has approached this type of antitrust illicit; and, finally, a last one in which measures are proposed to improve investigations in the light of Brian Arthur's Complexity Economy. Cartel practices and corruption can directly affect bidding processes and, to combat them, the Brazilian State has different repressive apparatuses (agencies and sanctions), segmented by area of activity: the antitrust is mainly disciplined in the Law 12.529/2011, while the promotion of administrative probity is foreseen, above all, in the Laws 8.429/1992 and 12.846/2013. The doctrine identifies a relevant synergy between the two offenses, so much so it is common for the antitrust infringement to overlap with the practice of bribery in the same bidding process. This study, in an innovative way, based on the Brazilian cases of cartel practices in bids, intends to evaluate the watertight repressive apparatus of the State, which contrasts with the complex reality of the illicit practices, and to proposes some improvements.

The main objective of this work is to examine the relationship between political theology and constitutional theory, with emphasis on the study of the ways in which this relationship is established in an apocalyptic of the constitution. The theoretical support consists of the works that Carl Schmitt and Francisco Campos. Making use of conceptual history and a hermeneutic methodology, we proceeded to the analysis and interpretation of texts of primary literature and support, based on a literature review that took into account the historical and theoretical sources of the reference authors, as well as the critical dialogue of your interlocutors. Materials consulted consisted mainly in books, articles and magazines, and all of them were used as direct and indirect sources related to the themes proposed as the object of this work were used. At the end of the investigation, it was possible to consider that Carl Schmitt and Francisco Campos, each in their own way, support their constitutional reflections on political theology in order to build a political enemy that must be fought. In conclusion, Schmitt and Campos propose a constitutionalism of fear that makes it possible to justify, in the name of order, a model of a strong and authoritarian state.

This thesis investigates the impact of the Haitian Revolution on the social formation and legal culture of Latin
America, in particular the relationship between the ideology of racial democracy and constitutionalism. Therefore, the text is divided into two moments. In the first part, the relations between constitution and slavery in modernity are analyzed from the Haitian, Colombian and Brazilian experiences. It is argued that the Haitian Revolution inaugurated a new historical time, which would be held back in the construction of other nation-states on the continent. As a background, the concepts of blood sacrifice and seigneurial hermeneutics are developed. Sacrifice operates in the critique of contractualism and introduces “race” as a constitutive element of modern law. The constitutive force of the sacrificial ritual is worked in the light of the political trajectory of José Prudencio Padilla, a Colombian revolutionary in the wars of independence. Furthermore, the centrality of Padilla's life and death for understanding the legal logic of modernity is visualized through the literature of Juan Zapata Olivella. The concept of seigneurial hermeneutics, on the other hand, allows us to understand the posthumous life of slavery as a standard of the theoretical common sense of jurists. This second concept is developed from the reading of the constitutional experience of the Empire of Brazil, especially the elaboration and application of the Constitution of 1824. This reading is carried out through the analysis of the lives and political thought of João Severiano Maciel da Costa and Bernardo Pereira de Vasconcelos. Finally, from the work of Machado de Assis, three persistent elements of seigneurial hermeneutics are unraveled: the conception of the absolute property; the principle of illegality; and blood sacrifice as a legal rite. Also from Machado, the paradigm of volubility is pointed out as a formal principle of the chain novel of modern constitutionalism. In the second part, this analytical apparatus is used to understand the birth of the ideology of racial democracy and mestizaje as a legal strategy of whiteness in reaction to the problem left by the Haitian Revolution, that is, the rights of Blacks. Therefore, a Haitian reading of the genealogy of this founding myth is carried out in the experiences of Brazil and Colombia. For the first case, we work on how Haiti is the element that, functioning as an opposition, links the conception of Brazilian “singularity” to the “patriarchs” of the social sciences and literature in the country, that is, Gilberto Freyre and José de Alencar. The denial of the Haitian Revolution is the basis that links law and nation in thethinking of these two strongholds of the planation. Finally, the Haitian reading is used to understand the political and constitutional thought of Simón Bolívar, where the denial and fear of Haiti (translated by Bolívar as fear of paocracy) are verified as genetic elements of Latin American social thought, especially the relationship between the constitutional organization of the State and the ideology of racial harmony. Ultimately, this relationship is guaranteed by the permanent possibility of lynching, which operates as a ritual to restore the ideological and material components inherited from the civilizational matrix of slavery.

The thesis aims to understand the results and impacts of affirmative action in the public bureaucracy in terms of combating racial inequality. To this end, we sought to identify the number of self-declared blacks who benefited from affirmative action; what was the impact of this black presence in the bureaucracy, in terms of possible action in favor of their group of origin, and in what way these two aspects help combat racial inequality. Two theoretical frameworks were mobilized for this discussion, the theory of inequalities and that of representative bureaucracy. The combination of both allowed an analysis at the institutional level of affirmative action and public bureaucracy, broadening the very conception of affirmative policies, beyond their justification based on equality, difference, and diversity, highlighting their function of combating racial inequality. The research method adopted was a field study, referring to diplomatic career entrance, which has both the Affirmative Action Program - Vocational Scholarship, under the Rio Branco Institute, and which is aimed at preparing black people for the competition, as well as the reservation of vacancies for black people, under Law No. 12,990/2014. The corpus of the case study was based on primary and secondary sources, as well as interviews. Through the research conducted, it was possible to identify the increase of self-declared black people in the diplomatic career, democratizing and elitizing changes in the selection process, and their impact on beneficiaries of affirmative action. It was also possible to identify the agency of these people in combating racial inequality, which characterizes what is called an active representative bureaucracy. It is concluded that studying legal institutes in their practice helps to identify their potential and their limits, especially in an interdisciplinary approach. It was shown that it is necessary to approach affirmative action from the point of view of effectively combating racial inequality and that an exclusive focus on the selective admission process is not sufficient. It was identified, finally, that it is necessary that people linked to the racial issue, black and non-black, have conditions to act, and the bureaucratic structure may become an impediment or an ally in this process.

From 1948 to 1994, South Africa was marked by apartheid, known as the "racial segregation" regime. During this regime, the segregationist government regulated the South African educational system through various laws. Through the extension of the University Education Act, Act 45 of 1959, higher education was segregated along racial lines. Black-only universities were established, and black students were denied access to white-only universities such as the University of Cape Town (UCT). Black women's access to higher education was almost non-existent during the apartheid regime. They suffered from what Hassim (1991) calls a "triple marginalization" of race, class, and gender. One of the priorities of Nelson Mandela's post-apartheid government, which came to power in 1994, was to adopt political, legal, and social mechanisms to increase access to higher education for all, including black women. Thus, the education white paper 3 and affirmative action policies were adopted. The University of Cape Town (UCT), internally, also adopted transformative internal policies to enable access for all. These policies have allowed massive entry (access) of black students in general, in particular black women into the University of Cape Town (UCT) after apartheid, however, in relation to their stay and success at the University, black students continue to face exclusion, segregation and violence within the University of Cape Town (UCT).