CAAP Journal is a scientific journal of the Faculty of Law at UFMG, rated Qualis B4, focused on Law and related fields. It is an open access publication, with double-blind peer review, no publication fees, and indexing in databases such as Scopus, DOAJ, and Latindex 2.0.
Belo Horizonte MG: Universidade Federal de Minas Gerais Faculdade de Direito Centro Acadêmico Afonso Pena
The thirtieth issue (vol. 2) of CAAP Journal pays tribute to Professor Ricardo Salgado on the occasion of one year since his passing (on December 3, 2024). Ricardo Salgado was a professor in the Department of Labor Law and Introduction to the Study of Law and was a permanent member of the Graduate Program in Law. He served as head of the department for four terms, up until March 2024.
Copyright (c) 2025 Roberto Novaes https://creativecommons.org/licenses/by/4.0
New horizons in the control of public policies by the judiciary though structural injunctions
Structural injunctions represent an essential jurisdictional tool for solving collective conflicts of significant social scope. This study therefore aims to analyze the legitimacy and limits of the control exercised over public policies by the Supreme Federal Court in Theme 698 of General Repercussion, considering Neil Komesar's contributions regarding the need to choose the institution most suited to solving the structural problem (deciding who decides). This research uses hypothetical-deductive reasoning, using primary (rulings and laws) and secondary (doctrinal understandings) nature data, allowing us to conclude on the relevance of four principles (principle of the decision of who decides, the principle of institutional relevance, the principle of significant social results and the principle of temporal limitation of the duration of structural processes) to prevent the interpretation of constitutional norms compromising the separation of powers and the effectiveness of public policies.
Copyright (c) 2025 Rafael Costa, Marcos Destefenni https://creativecommons.org/licenses/by/4.0
The Right to Literature as a Human Right
Is the right to literature a human right? To answer this question, this paper aims to analyze the legal and social implications of the proposed Tax Reform, Bill No. 3,887/2020, introduced by former Minister of Economy Paulo Guedes. Specifically, it examines the creation of the Social Contribution on Goods and Services, which suggests a potential 12% tax on books, periodicals, magazines, and other related materials. It also explores Bill No. 49/2015, proposed by former senator Fátima Bezerra, which seeks to establish a national policy for book pricing regulation. Using Antônio Candido's text, “The Right to Literature”, as a theoretical framework, the study emphasizes access to books and the democratization of knowledge as fundamental human rights. The research employs a qualitative approach, utilizing the theoretical-documentary method and a hypothetical-deductive technique to identify factors that determine or contribute to the subject under study. Regarding technical procedures, bibliographic research was conducted using published materials, including printed sources (books and scientific journal articles) and digital sources (scientific journal articles available online). It is concluded that access to literature, especially for the most disadvantaged populations, should be a priority for governments committed to social development and the democratization of knowledge.
Copyright (c) 2025 João dos Santos https://creativecommons.org/licenses/by/4.0
Regulatory solutions regarding disinformation in electoral contexts in Latin America
This study aims to identify and analyze the regulatory solutions proposed in Latin America in response to the phenomenon of digital disinformation, especially in electoral contexts. Almost all countries in this region, during the period from 2021 to 2024, are undergoing electoral processes, which are affected in their legitimacy by the popularization of digital platforms and, consequently, by the spread of false content. The adopted methodology follows a transnational comparative approach, along with transdisciplinary investigations, to understand the normative trends, progress already achieved, as well as the challenges present in the Latin American region concerning the fight against disinformation, focusing on nine countries with the most significant volume of normative deliberation. The results shows that, in the region, regulatory solutions are still at an early stage, mainly due to challenges such as the complexity of technical concepts, the excessive tendency toward criminalization, and political polarization. Furthermore, as relevant measures to overcome some of these obstacles, greater integration among Latin American countries is suggested, as well as cooperation between states and digital platforms.
Copyright (c) 2025 Júlia Silva Nogueira https://creativecommons.org/licenses/by/4.0
The division in administrative dogmatic discourse:
Public hearings can be viewed from a double perspective: legal-dogmatic or empirical. As a legal phenomenon, these are seen as institutes, receiving greater formal delimitations in the classificatory and normative field - in its double sense, as a norm and as a theoretical-normative proposal. On the other hand, the empirical proposals of the social sciences tend to view them as an instrument - and not an institute - of social praxis, inserted in a context of disputes between civil society and the State. Firstly, I present the proposals of legal discourse and then adopt an empirical approach that is close to the qualitative research technique of content analysis (CA), to investigate the praxis of public hearings held in 2020 by the government of the State of Rio de Janeiro with the Rio Metrópole Institute and the Legislative Assembly of the State of Rio de Janeiro, related to the CEDAE privatization project. The objective is to highlight the two divisions of Law - in relation to practical reality and in comparison to an empirically based discourse. The article shows that the so-called functions that public hearings perform in conferring legitimacy on administrative action were not shown to be present in the case studied. Regarding the effectiveness of the hearings held, there was no systematization of contributions, and it was not possible to perceive any basis for these in the final decisions. This indicates that, in the case in question, the public hearings had a merely formal character, in order to comply with the legal obligation, and did not present greater connotations of democracy or effectiveness, as is said by the dogmatic discourse.
Copyright (c) 2024 Frederico Augusto Auad de Gomes Filho https://creativecommons.org/licenses/by/4.0
Interview with Carlos Velloso, Former Justice of the Brazilian Supreme Court (Supremo Tribunal Federal)
Born on January 19, 1936, in Entre Rios de Minas, in the Campo das Vertentes region, Carlos Mário da Silva Velloso dreamed of becoming a soccer player and an aviator. However, the influence of his father, who was a public prosecutor and judge, led him toward a distinguished legal career. After earning his law degree from the Faculty of Law at the Federal University of Minas Gerais (UFMG) in 1963, Velloso successfully passed competitive examinations to become a public prosecutor, a sectional judge, and a judge of law, and was appointed as a federal judge in Minas Gerais in 1967. Alongside his judicial career, he taught at the Law Schools of UFMG, UNA, the Brasília University (UnB), and the Catholic University of Minas Gerais (PUC-Minas), where he also served as director. In 1978, he was appointed minister of the former Federal Court of Appeals (Tribunal Federal de Recursos — TFR) which, with the 1988 Constitution, would give way to the Superior Court of Justice (Superior Tribunal de Justiça — STJ) and the Regional Federal Courts (Tribunais Regionais Federais — TRFs). In 1990, he was chosen as justice of the Brazilian Supreme Court (Supremo Tribunal Federal — STF), serving as its president from 1999 to 2001. He retired in 2006 upon reaching the mandatory retirement age of 70, after more than half a century of public service. He is also a retired full professor at the UnB Law School. Since 2006, he has been practicing private law as a partner at Advocacia Velloso, based in Brasília. In this interview, Velloso shares reflections on his legal career, which established him as one of the most prominent constitutional scholars in Brazil.
Copyright (c) 2024 Otávio Morato de Andrade, Rodrigo Leonardo Vítor Xavier https://creativecommons.org/licenses/by/4.0
Upon the growing number of new internet users every year, the globalized society is increasingly connecting through technology; online problems continue into the physical world and physical problems move into the online world, fulfilling the will of criminals who have a larger network to attract their victims. Thus, as the wave of cybercrime is suppressed by police forces in recent decades, this study seeks to examine the relationship between virtual spaces, their structure and interpretation, from the perspective of crime, in order to suggest the dimensions of the development of the crime on the web and provide a base for the resolution of future cases. A descriptive research methodology is used on “Operation Darkroom” – also popularly called the “Discord Case”, which refers to a series of sexual violence crimes committed on the platform – in a case study with analysis, in order to ascertain the modus operandi of the crimes, the difference of online and offline persona, the hunting method and the sadism. The article also carries out an analysis of cybercrime and the national position on the subject, so that it can make the dimension of the problem understandable.
Copyright (c) 2024 Sophia Noronha https://creativecommons.org/licenses/by/4.0
Prison, necropolitics, and subversive motherhoods:
The present study investigates the application of necropolitics in the Brazilian prison system, focusing on pregnant women. Drawing on theoretical frameworks of mass incarceration and the ruling on the State of Unconstitutional Affairs, the study explores how the State exerts power over life and death within prisons, creating a cruel selectivity that disproportionately affects marginalized bodies. It addresses the vulnerability faced by these women, highlighting the precarious medical care, unsanitary conditions, and structural neglect that endanger both the lives of pregnant women and their children. Using a legal-descriptive methodology and a review of secondary data, the article reveals the discrepancy between legal provisions and the reality within prisons, particularly regarding the protection and care of pregnant and lactating women. The aim is to demonstrate the human rights violations faced by this group, a result of selective punitive policies that exacerbate inequalities and precarious conditions in the prison system.
Copyright (c) 2024 Karine de Assis dos Santos, Alexandre Gustavo Melo Franco Bahia, Saulo Camêllo https://creativecommons.org/licenses/by/4.0
This paper examines the case of Dr. Daniel Karsai, a Hungarian human rights attorney, who suffered from advanced ALS and was seeking euthanasia to die with dignity, in accordance with his spiritual and professional beliefs. However, Hungarian law prohibits euthanasia and imposes extraterritorial jurisdiction, risking prosecution for those assisting in assisted suicide even if it is practiced abroad. Consequently, Dr. Karsai took his case to the European Court of Human Rights (ECHR), arguing that Hungary's total ban on end-of-life decisions violates his fundamental human rights, including the right to self-determination, prohibition of inhuman treatment, and freedom of ideological belief. The reasoning presented by Dr. Karsai and by the Hungarian government along with the decision by the ECHR given on June 13, 2024, will be analyzed. The article also explores the Hungarian legal framework's extraterritorial application, the right to life, the prohibition of torture, and the rights to privacy and freedom of thought under the European Convention on Human Rights. Lastly, using the Brazilian legal framework as an example, it will be argued that the applicant's justifications may be applicable on a global scale, enabling a new perspective of the legal debate around euthanasia and reflecting on the broader ethical and juridical issues surrounding the right to die with dignity.
Copyright (c) 2024 Igor Piedade, Julia Fonseca Salomão https://creativecommons.org/licenses/by/4.0
A critical diagnosis of public policies for the democratization of higher education in Brazil:
This research uses the theoretical and methodological references of the French philosopher Michel Foucault (1923-1984), highlighting the conception of philosophy as a diagnosis of the present in order to carry out a critical diagnosis of public policies for the democratization of access to higher education, among years from 2005 to 2015, in Brazil. In the first part of the article, we will focus on the analysis of public policies implemented by the Education Development Plan, highlighting PROUNI, REUNI and FIES. In the second section we will analyze what we call the “factory of indebted students”, from the perspectives of Maurizio Lazzarato (2017) and finally, we will point to the need to discuss the definancialization of educational policies and the urgency of designing access to higher education as a right and not as a product.
Copyright (c) 2024 Priscila Cupello https://creativecommons.org/licenses/by/4.0
The present article sought to discuss how the emergence of the contemporary notion of intellectual property and copyright impacts the relationship between social and scientific development in different countries. To this end, a historical review of the notion of property was employed as the methodology, bringing the origin of the legislation related to the protection of intellectual property in Brazil and in the world, as well as the concepts of social development and scientific development. Finally, the article brought reflections on how the transformation of contemporary authorial production allows a greater focus on collective social well-being, not just on individual interest. The present study allowed us to infer that, if on the one hand the recognition of intellectual property and copyright were created with the objective of promoting new creations and protecting the rights of authors, on the other hand, the imposition of barriers to the diffusion of new scientific and technological discoveries by developed countries contributes to the maintenance of deep divergences between the level of social development achieved by these nations in comparison to developing countries.
Copyright (c) 2024 Marcos Henrique Costa Leroy https://creativecommons.org/licenses/by/4.0
The principle of human dignity as a limitation on the power to legislate
This article seeks to understand the limits of the power to legislate in view of the constitutional normative scope of the principle of human dignity. Given the supremacy of the Constitution of the Federative Republic of Brazil in the Brazilian State, the principle of human dignity is in a higher hierarchy than the constituted Powers. Based on an analysis of the meaning of human dignity as a fundamental legal value and its relationship with fundamental rights, the result is that the power to legislate will have legitimacy (constitutionality) as long as the effect of its action does not violate the principle of human dignity. This need to adapt to the postulate of human dignity as a legal value is not only related to the principle of dignity itself, but also to the different fundamental rights that are inspired by human dignity as an essential value. The work, which has a qualitative character, is guided by bibliographic research in national and foreign works. This article seeks to contribute to the task of understanding the meaning and scope that can be legally inferred from the principle of human dignity as a fundamental value.
Copyright (c) 2023 Cauê Molina Andreazza, Guilherme Camargo Massaú https://creativecommons.org/licenses/by/4.0
Entrevista com Viviane Mosé, psicanalista, poeta e filósofa
Nascida em Vitória (ES), Viviane Mosé graduou-se em Psicologia pela Universidade Federal do Espírito Santo (UFES), é mestra e doutora em Filosofia pela Universidade Federal do Rio de Janeiro (UFRJ). A articulação entre o pensamento acadêmico e o cotidiano torna suas reflexões uma fonte de inspiração para diferentes públicos. Apresentou a série “Ser ou não Ser” no programa Fantástico, na qual abordou temas filosóficos em uma linguagem acessível. Também foi comentarista da Rádio CBN no quadro Liberdade de Expressão (ao lado de Artur Xexéo e Carlos Heitor Cony), colaborou com o programa Encontro com Fátima Bernardes e com o ICL Notícias. Membro da Academia Brasileira de Cultura, é autora de treze livros, com indicações ao Prêmio Jabuti por Stela do Patrocínio – Reino dos bichos e dos animais é o meu nome (Azougue, 2001) e A escola e os desafios contemporâneos (Civilização Brasileira, 2013). Em suas palestras, tem como principais temas a sociedade em rede e os desafios do mundo contemporâneo, especialmente aplicados à educação e à gestão pública e privada. Nesta entrevista exclusiva à Revista do CAAP, Mosé oferece uma leitura sensível e crítica sobre filosofia e literatura, revelando como essas linguagens se entrelaçam em sua trajetória.
Copyright (c) 2023 Otávio Morato, Ernesto Miranda https://creativecommons.org/licenses/by/4.0
Artificial intelligence and the (in)admissibility of digital evidence secured by the chain of custody:
This work was developed with the aim of analyzing the possibility of presuming digital evidence obtained and discovered by artificial intelligence (AI) in Brazilian criminal proceedings as lawful evidence, thus seeking to understand the role of the chain of custody. Therefore, it sought to present, based on a case, the legal arguments for which judges accepted digital evidence, based on the chain of custody as a mechanism of reliability and its adaptation to the digital environment. Then, it introduced the complex issue of the (in)admissibility of digital evidence obtained by AI, examining the issue of transparency of the methods used. Soon after, it presented the hidden risks of using AI in evidentiary means, such as the lack of interpretability and algorithmic biases, as well as the importance of human supervision and transparency as means of minimizing these risks. In this perspective, through the inductive method, bibliographical research, articles and judgments were carried out to explore the topic. In the end, it was concluded that there is an urgent need for regulations that address the chain of custody of digital evidence, as well as control over the use of AI in criminal proceedings, involving mechanisms that enable the exploration of the potential of AI, and, at the same time, minimize the risks that may affect the rights of the parties.
Copyright (c) 2025 Raiane Xavier Moura Sampaio https://creativecommons.org/licenses/by/4.0
The present work is developed from the fundamental question: is it possible to have Law without coercion? As such, it is built on an essentialist methodological basis whose assumptions are supported here based on the thesis elaborated by Julie Dickson. Coercion is understood as the possibility of using acts of force as a sanction by the legal system. Having clarified these methodological questions, in order to answer the question, we analyze, on the one hand, the coercitivist positions of John Austin and Hans Kelsen and, on the other hand, the non-coercitivist positions of Herbert Hart and Joseph Raz. This investigation will lead to some central points of the theories of these authors, demonstrating its direct relationship with the concept of Law. Then the arguments outlined are opposed and the position that best sustains itself in the light of a concept of Law that proves to be adequate according to the established methodological parameters is considered the winner. In the end, some considerations are made about what this answer allows us to conclude.
Copyright (c) 2025 Péricles Alvares Caldeira Brant https://creativecommons.org/licenses/by/4.0
Interview with Macaé Evaristo, Minister of State
Macaé Maria Evaristo dos Santos is an educator and longtime activist in the fight for racial justice, public education, and the rights of traditional peoples in Brazil. Born in São Gonçalo do Pará (MG), she graduated in Social Work at PUC Minas (Pontifical Catholic University of Minas Gerais), where she also obtained a master's degree in Education, with the thesis entitled "Instituting practices for the management of Xacriabá schools" (2006). A teacher in basic education since the age of 19, she was the Municipal Secretary of Education of Belo Horizonte and, later, Secretary of Education of the State of Minas Gerais, being the first black woman to hold this position. She was Secretary of Literacy, Diversity, and Inclusion of the Ministry of Education (MEC) from 2013 to 2014. Throughout her administrations, she implemented public policies aimed at inclusion, combating racial inequalities, and played a decisive role in the application of guidelines for indigenous and quilombola school education. In 2024, she was appointed Minister of Human Rights and Citizenship (MDHC), deepening her work in defense of the rights of historically marginalized populations. In this interview with CAAP Journal, Macaé Evaristo reflects on the paths of education and its relationship with the fight for democracy and social justice.
Minister of Human Rights and Citizenship
Copyright (c) 2025 Otávio Morato, Isadora Montanar, Ivonise Ivonise https://creativecommons.org/licenses/by/4.0
Masthead of the 2025/2 Edition of the CAAP Journal
Copyright (c) 2025 Otávio Morato https://creativecommons.org/licenses/by/4.0
Note from the Editor-in-Chief introducing the 2025/1 Edition and highlighting the latest updates of the CAAP Journal.
Copyright (c) 2025 Otavio Morato https://creativecommons.org/licenses/by/4.0
Born in Ituiutaba (MG), Humberto Theodoro Júnior graduated from the Triângulo Mineiro Law School in 1961 and, since then, has built a career marked by coherence, erudition, and a strong commitment to a legal practice oriented toward justice and human dignity. After serving as a judge in several districts of Minas Gerais, he retired as an appellate judge of the Minas Gerais Court of Justice (TJMG) in 1986, beginning a new phase characterized by intense activity as a lawyer, professor, and scholar. In 1987, he earned his doctoral degree from the UFMG Law School, where he would go on to assume the professorship in Civil Procedure in 1996 and be named emeritus professor in 2018. He has participated in numerous jurist committees responsible for drafting legislation, most notably the one that prepared the preliminary draft of the 2015 Code of Civil Procedure (CPC). Author of more than fifty books and hundreds of articles published in Brazil and abroad, he remains one of the foremost figures in Brazilian legal thought, with a contribution that spans generations. In this exclusive conversation with CAAP Journal – where he served on the Editorial Board in the mid-2000s – “HTJ,” as he is known among peers, or Humberto “Teadoro” among his students, reflects on the ten years since the CPC came into force and shares memories of his long and meaningful relationship with the Afonso Pena Law School.
Copyright (c) 2025 Otávio Morato, Gabriella Murici, Dierle Nunes https://creativecommons.org/licenses/by/4.0
Issue number 30 (v. 1) of the CAAP Journal pays tribute to Sheila Jorge Selim de Sales, Full Professor of Criminal Law and former Member of the CAAP Journal’s Editorial Board, on the occasion of the first anniversary of her passing (on June 28, 2024).
Copyright (c) 2025 Leonardo Marinho https://creativecommons.org/licenses/by/4.0
INTELLECTUAL AND REVOLUTIONARY: György Lukács’s Path Toward History and Class Consciousness
This research aims to highlight the intellectual and political trajectory of the Hungarian Marxist philosopher György Lukács and his work History and Class Consciousness: Studies on Marxist Dialectics (Geschichte und Klassenbewusstsein: Studien über marxistische Dialektik), emphasizing the elements that established both the author and his work as fundamental pillars of revolutionary and Marxist thought. The study is justified by the interest in examining Lukács’s path within the context of twentieth-century bourgeois society, analyzing his interpretation of the works of Marx and Engels, as well as his own writings, which are deeply marked by the influence of Marxian thought. The theoretical framework of this research is grounded in Lukácsian philosophy, with special focus on History and Class Consciousness, supported by the ongoing dialogue with the writings of Marx and Engels that permeates Lukács’s intellectual and political production throughout the twentieth century. The methodological approach follows the author’s own intellectual and political development, based on primary sources translated into Portuguese, as well as secondary sources written by scholars specialized in his work. In doing so, the research seeks to avoid fragmented or distorted conclusions about the author, ensuring fidelity to Lukácsian thought within the context of social theory. Thus, the objective is to present Lukács’s intellectual and political development from his childhood up to the 1930s, offering, as far as possible, a comprehensive view of his theoretical formation and laying the groundwork for a more in-depth reading of History and Class Consciousness.
Copyright (c) 2025 Ryan Rosado https://creativecommons.org/licenses/by/4.0
Full Professor at the Federal University of Rio Grande do Norte (UFRN) and one of the founders of the Brain Institute, Sidarta Ribeiro, originally from Brasília, is one of the most respected figures in Brazilian science. His academic background includes a bachelor's degree in Biological Sciences from the University of Brasília (UnB), a master's in Biophysics from the Federal University of Rio de Janeiro (UFRJ), a PhD in Animal Behavior from Rockefeller University, and a postdoctoral fellowship in Neurophysiology at Duke University. Known for combining academic rigor with the ability to engage with diverse audiences, Sidarta is a leading authority in Brazil and abroad on topics such as sleep, dreams, memory, and altered states of consciousness. In this exclusive interview with the CAAP Journal, the researcher discusses, among other topics, the question of free will, lucid dreaming, the cyborgization driven by Artificial Intelligence (AI), and the challenges facing universities and academic research in today’s world.
Copyright (c) 2024 Otávio Morato de Andrade, Laís Barreto Barbosa, Sidarta Tollendal Gomes Ribeiro https://creativecommons.org/licenses/by/4.0
Montesquieu said: “When a people have good customs, the laws become simple” (Ryckmans, 2005, p. XXVIII). This idea, which could have been drawn from the Analects, reveals the essence of the Confucian critique of legalism. While modern law sees legislation as an instrument of order, Confucius views it as a symptom of moral sickness, a dispensable tool in a society guided by ethical self-discipline. Confucian ethics replaces external obedience to the law with the excellence of the virtuous man. For Confucius, true order does not stem from legal codes but from virtue and benevolence, internalized as rites and aligned with the Dào. Confucian philosophy challenges the Western legal perspective by shifting the focus to an ethics where social cohesion arises from moral education and human flourishing, rather than legal imposition. This article seeks to reconstruct the Confucian critique of legalism, considering its contemporary relevance, and presents an alternative legal model to the modern Western tradition. Starting from the maxim that laws are simple in morally upright societies, we explore the thesis that, for Confucianism, legal normativity is a symptom of ethical failure. Employing an internal hermeneutic approach to Confucian thought through an analysis of the Analects, we examine how justice is, with such originality, performed in Confucius’s aphorisms. We propose justice as righteousness, where genuine social harmony emerges from moral education, ritual, and the cultivation of virtue, rendering legal coercion unnecessary as an organizing principle.
Copyright (c) 2025 Arthur Melillo Ramos https://creativecommons.org/licenses/by/4.0
Financing of campaings for federal deputy in Santa Catarina in the 2022 elections:
This article aims to reflect the use of public funds from the Special Campaign Financing Fund today. By analyzing a sample of the accounts of candidates for the position of Federal Deputy for the State of Santa Catarina, we sought to verify how resources are allocated and whether they are used to meet the objective that led to the creation of the fund in the first place. By studying the concept of the principle of isonomy, we verify its applicability as a basic reference for the party distribution of public funds obtained, in order to provide more equality between candidates running for positions of representation on the national political scene.
Copyright (c) 2025 Marya Eduarda Figueiró, Mayara Pellenz https://creativecommons.org/licenses/by/4.0
The Co-originality and complementarity relationship between Moral and Law in Jürgen Habermas's Discourse Theory of Law
This paper aims to address the relationship of complementarity and co-originality between Law and Morality from the perspective of Jürgen Habermas's Discourse Theory of Law and Discourse Ethics. First, the formal pragmatic analysis of communicative rationality and practical rationality in post-metaphysical thought will be introduced, as well as post-conventional justification and the validity of moral norms oughtness. Then, the cognitive content of morality will be outlined through the elaboration of the principle of universalization (U) and the principle of discourse ethics (D). The co-originality will be discussed in the sense that the Principle of Democracy is derived from “D.” The complementarity relationship will be examined based on how Morality, in light of the Principle of Universalization (U), provides normative content in terms of universalizable reasons to Law, while Law addresses its cognitive, operational, and motivational deficits. Positive law and post-conventional morality are thus the main mechanisms of social integration in modernity, as they permeate the structural components of the lifeworld. Finally, the relationship between these mechanisms should be one of complementarity; otherwise, Law, which is known to be constituted in the tension between facticity and validity and, therefore, always mutable, risks losing its capacity for social integration and expectation stabilization.
Copyright (c) 2024 Marina Pompermayer https://creativecommons.org/licenses/by/4.0
The elitism of public universities in Brazil:
The present article aims to understand how the idea of meritocracy is constructed within the middle classes, based on a reconstruction of Jessé Souza's perspective on social classes, and its relationship with the admission processes of Brazilian universities but, more importantly, the challenges faced by lower classes in remaining in public universities. Thus, the paper synthesizes Jessé Souza's studies on social classes in Brazil, briefly exploring his theoretical assumptions. Furthermore, it addresses the concept of meritocracy prevalent among the middle classes, drawing from this reconstruction of Jessé Souza's ideas. Finally, the article seeks to connect these conceptions with the difficulties faced by lower classes in sustaining their presence in public universities in Brazil, analyzing data and articles. In essence, the study examines the close relationship between social classes, meritocracy, and the perpetuation of an elitist public higher education system in the country.
Copyright (c) 2024 Laura Finzi Cosenza Pires, Carolina Augusto de Frias Cardoso https://creativecommons.org/licenses/by/4.0
Enterprises’ responsibility regarding the impacts of infrastructure work in Brazil:
The present work aims to analyze the impacts of a large-scale infrastructure project on the operational territory, using the deductive qualitative method with documentary research from national and international legal bibliographies. It aims to analyze the impacts of a large-scale infrastructure project in its area of operation, focusing on the emblematic case study of the Xingu Nightclub. Through this analysis, the study aims to understand different perspectives and arguments regarding the accountability of the companies involved in the construction of the Belo Monte Hydroelectric Plant (UHE) for the increase in the sexual exploitation of adolescents in the region. Based on this case analysis, the study intends to address the limits of the concept of "causal nexus," considering how it has traditionally been applied jurisprudentially by courts and other mechanisms in the context of civil liability for damages. This will be analyzed considering the expectations established by the Guiding Principles on Business and Human Rights, which call for companies to respect human rights.
Guiding Principles on Business and Human Rights
Copyright (c) 2024 Maria Palermo https://creativecommons.org/licenses/by/4.0
Uma outra perspectiva sobre medidas de segurança apresentada por Claus Roxin e sua aplicabilidade no Brasil
O presente artigo visa buscar esclarecimentos sobre as possibilidades de aplicação das medidas de segurança na justiça criminal brasileira conforme a nova perspectiva apresentada por Claus Roxin. Com esse intuito, introduz brevemente sobre a situação atual da execução penal no Brasil e as recentes discussões que envolvem a crise entre o determinismo e livre-arbítrio no conceito de culpabilidade, passando por discussões teóricas sobre a aplicação das medidas de segurança a suas exigências em termos de política criminal.
Copyright (c) 2015 Leo Maciel Junqueira Ribeiro https://creativecommons.org/licenses/by/4.0
Labor reform in Brazil and union dismantling
This article aims to present some perspectives on the loss of class consciousness and how this affects Brazilian unions. To do so, a bibliographical review on the subject was used. The research revealed the influence of neoliberalism in relation to labor reform in Brazil and, consequently, the loss of class consciousness, caused mainly by individualism and the idea of ​​competition among workers. Thus, considering that Labor Law is responsible for uniting the working class, fulfilling its fundamental purpose, observing the human, social and political dimension, it moves away from its preventive and protective character.
Labor reform in Brazil; Working class; Loss of awareness of relevance; Trade unions; Precariousness.
Copyright (c) 2025 Sérgio Augusto Pires dos Reis Madeira, Gustavo Marcel Filgueiras Lacerda https://creativecommons.org/licenses/by/4.0
Modern urban planning has predominantly focused on economic growth and infrastructure expansion, often disregarding the inherent rights of nature. Eco-Spiritual Urban Planning proposes a transformative framework that envisions cities as sacred landscapes where natural entities are recognized as living beings with legal rights. Drawing on principles of the Rights of Nature, Indigenous land governance and biophilic design, this study examines how urban spaces can be structured to foster spiritual and ecological reciprocity. By analyzing case studies such as the legal recognition of the Whanganui River in New Zealand, the Andean philosophy of Buen Vivir, and the mandala-based urban planning of Madurai, India, this paper demonstrates how urban design can integrate sacred landscapes into city planning while upholding environmental justice and cultural resilience. This framework suggests that aligning urban development with ancestral ecological governance and spiritual principles can create cities that are not only ecologically regenerative but also culturally and spiritually meaningful. The findings underscore the necessity for urban planning to transition from anthropocentric models to biocentric frameworks that prioritize ecological integrity and spiritual well-being. Ultimately, this paper advocates for the inclusion of sacred landscapes as integral components of sustainable urban development, positioning cities as living entities that embody spiritual, cultural, and ecological values.
Copyright (c) 2025 Pedro Henrique Azalim Cunha https://creativecommons.org/licenses/by/4.0