The Revista Direito em Debate is a publication of the Graduate Program in Law. Since 1991, without interruption, the Revista Direito em Debate has published studies by Brazilian and international authors that approach law in a critical and interdisciplinary manner. ISSN: 2176-6622
By publishing in the Revista Direito em Debate, authors agree to the following terms: Articles are licensed under the Creative Commons Atribuição 4.0 Internacional (CC BY 4.0), which allows: Share — copy and redistribute the material in any medium or format; Adapt — remix, transform, and build upon the material for any purpose, including commercial use. These permissions are irrevocable, provided the following terms are respected: Attribution — authors must be properly credited, with a link to the license and indication of any modifications made; No additional restrictions — no legal or technological measures may be applied that restrict the use permitted by the license. Notices: The license does not apply to elements in the public domain or covered by legal exceptions. The license does not grant all rights required for specific uses (e.g., image rights, privacy, or moral rights). The journal is not responsible for opinions expressed in the articles, which remain the sole responsibility of the authors. The Editor, with the support of the Editorial Committee, reserves the right to suggest or request modifications when necessary. Only original scientific articles presenting research results of interest, not previously published or simultaneously submitted to another journal with the same purpose, will be accepted. References to trademarks or specific products are intended solely for identification purposes and do not imply any promotional endorsement by the authors or the journal. License Agreement (for articles published as of 2026): Authors retain copyright over their articles and grant the Revista Direito em Debate the right of first publication.
Editorial – Revista Direito em Debate - 2026/1
35 Anos! A Revista Direito em Debate tem seu primeiro número publicado no ano de 1991 na modalidade impressa, sendo fruto de um “compromisso constante de superação do dogmatismo jurídico, entendido como mera aceitação das regras positivadas pelo Estado, sem quaisquer discussões a respeito dos pressupostos legitimadores dessas regras.” Naquele momento histórico, a euforia e a esperança trazidas pelo texto na Constituição Federal de 1988 compeliam o Direito, enquanto importante instrumento de transformação da sociedade, à efetivação da justiça social para os estratos mais amplos da população brasileira. (...)
Copyright (c) 2026 Elenise Felzke Schonardie https://creativecommons.org/licenses/by/4.0/
Umberto Eco's theory of possible worlds to define reasonableness in the textual and institutional interpretation of law
This paper investigates the contribution of Umberto Eco's theory of possible worlds to the delimitation of criteria of reasonableness in legal interpretation, both textual and institutional. The central research question is: how can this theory, articulated with the foundations of Peircean semiotics, offer objective limits to interpretation without falling into naïve formalism or hermeneutic relativism? The general objective is to establish the aforementioned theory as an analytical tool for defining such criteria. The methodology is qualitative, theoretical-analytical in nature, based on a systematic bibliographic review in the fields of semiotics, legal interpretation theory, and philosophy of language. The results indicate that the distinction between semiotic, metassemiotic, and factual assertions, combined with the notion of the text as a lazy machine and with the theory of possible worlds, provides a conceptual framework capable of distinguishing between cooperative interpretation and arbitrary use of the legal text. It is concluded that legal semiotics, far from being a theoretical ornament, reveals the alteritary nature of law and provides criteria for the intersubjective control of interpretation.
Copyright (c) 2026 Quintino Lopes Castro Tavares, Ana Alice De Carli https://creativecommons.org/licenses/by/4.0/
Water sovereignty and environmental rights
This article addresses the theme of water as a fundamental human right from the perspective of water sovereignty. It analyzes water as an essential element for life and the conflicts over water resources that have arisen in Latin America at the beginning of the 21st century. The first section demonstrates that the appropriation of water reflects one of the main cultural forms of appropriation of nature over time, impacting access to this resource. The second section deals with the increasing conflict surrounding water appropriation and its relationship to environmental inequalities. The third section analyzes the legal treatment given to the uses and protection of water by Colombian law and international law. It concludes with the need to adopt a new perspective on environmental rights that could contribute to resolving conflicts arising from the inadequacy of environmental resource uses, defending water sovereignty to guarantee fundamental environmental rights.
Copyright (c) 2026 Gregorio Mesa Cuadros https://creativecommons.org/licenses/by/4.0/
Public policies to combat femicide in Brazil: Between normative advances and structural challenges
Gender-based violence constitutes one of the most severe violations of human rights in contemporary times. The Brazilian State has public policies to combat gender-based violence aligned with fundamental rights; however, the high rates of femicide expose a serious structural flaw in the execution of these guidelines. The problem lies in the gap between the normative project and practical reality, leading to the question: why have the current public policies at the national level not been sufficient to contain the escalation of femicide in Brazil? The general objective is to analyze the main public policies for confronting femicide. The following specific objectives are pursued: to examine femicide as an extreme manifestation of gender-based violence; to understand the Brazilian normative framework; and to evaluate Brazilian public policies in combating femicide. The theoretical foundation is anchored in the Theory of the Knot developed by Saffioti (2015), combined with the critical constitutionalism of Oliveira (2023). Regarding methodology, this will be a qualitative and exploratory research approach, as well as a bibliographic review and historical reconstruction on the subject, with the collection of statistical data on the object. The analysis concludes that despite the national normative apparatus, there have been significant advances, but there is a mismatch between the design of public policies and their effective implementation, reinforced by historical roots of inequality. It is concluded that despite Brazil's efforts to mitigate the escalation of femicide, the country presents structural and operational problems that compromise the full effectiveness of public policies to combat femicide.
Copyright (c) 2026 Helen Fabrícia Armando da Silva, César Alessandro Sagrillo Figueiredo https://creativecommons.org/licenses/by/4.0/
Smart contracts: Transparency or double discrimination?
The incorporation of blockchain-based technologies in contractual relations has inaugurated a new phase of contractuality, marked by automation, decentralization, and increasing algorithmic intermediation. In this scenario, although smart contracts promise efficiency, security, and cost reduction, they bring ethical and legal challenges that put the principle of contractual balance at risk, especially in the face of the marked vulnerability of marginalized groups and individuals in the information society. This article examines the relationship between blockchain technology, smart contracts, and algorithmic discrimination. In addition, it analyzes how algorithmic justice and the right to difference offer new parameters for reflection on structural inequalities reproduced by decentralized digital systems mediated by artificial intelligences. In it, based on a practical example involving DeFi platforms, it is discussed to what extent automated digital structures can create access barriers and perpetuate discriminatory biases, especially under the paradigm that code is law. This is a qualitative study, developed through the hypothetical-deductive method, using a review of selected bibliography, interdisciplinary doctrine and jurisprudence, as well as a case study.
Copyright (c) 2026 Julio Fernandes Neto; José Alcebiades de Oliveira Junior https://creativecommons.org/licenses/by/4.0/
Time, topic, and territory: A jurimetric mapping of the TNU's social security jurisprudence
The National Panel for the Uniformization of Case Law of the Federal Special Courts (TNU) plays a fundamental role in consolidating jurisprudence in social security matters, promoting legal certainty and equal treatment within the Federal Judiciary. In light of the high volume of litigation and the complexity of social rights, this article aims to analyze the representative issues addressed by the TNU in the field of social security law, examining their structure, frequency, processing time, and institutional impact. The research question guiding the study is: how are the TNU’s representative issues in social security matters structured? To answer this question, an exploratory and descriptive methodology is adopted, based exclusively on quantitative analysis with a jurimetric approach. The empirical dataset was built from the 168 social security issues available on the TNU’s website up to June 2025. The results indicate a strong thematic concentration around special retirement, disability benefits, and insured status, which together account for more than 70% of the total issues. A high degree of variation in processing time was also observed, with an overall average of 426 days, as well as regional asymmetries in the origin of the issues. It is concluded that the TNU’s activity contributes to the uniformization of social security jurisprudence but faces challenges regarding timeliness. The study highlights the importance of jurimetrics as a tool for institutional diagnosis and underscores the need for strategies that reconcile decision-making efficiency with adjudicative quality.
Copyright (c) 2026 Carlos Eduardo Ferreira Aguiar, José Eduardo de Melo Vilar Filho, André Studart Leitão https://creativecommons.org/licenses/by/4.0/
The judicialization of health in the city of Belém/PA and the issue of structural process
Study that analyzes the judicialization of public health in the city of Belém, state of Pará, based on the Health Judicialization Map of the Court of Justice of the State of Pará (TJPA), adopting the period from 2020 to 2025 as the analysis timeframe. Its objective, which unfolds into its research problem, is to investigate the main demands proposed over this time span, seeking to reflect on their complexity and characteristics, and then to discuss a judicial mechanism capable of offering greater effectiveness to the decisions, amplifying their responses, given the social, political, and legal magnitude of the issues involving access to health actions and services. Structurally, the text first addresses the protection of the right to health in the 1988 Constitution of the Republic and the advancement of judicialization. Afterward, it examines the issues that predominated among the lawsuits proposed in the city of Belém/PA during the specified period, using data extracted from the management tool developed by TJPA. Next, it discusses the need to seek judicial responses beyond the individual, as issues in public health policies affect a multitude of people, and this can cause harm to society itself without an effective resolution of the matter. Methodologically, it conducts exploratory analysis, applies the technique of bibliographic and documentary research, and uses the deductive method. As a result, it was found that the expansion of judicialization and its characteristics require systemic responses from the Judiciary, capable of benefiting the community thru effective solutions, and this involves structural and concerted measures.
Copyright (c) 2026 Versalhes Enos Nunes Ferreira, Pastora do Socorro Teixeira Leal https://creativecommons.org/licenses/by/4.0/
Care economy from a human rights perspective: Dignity of life, structural equity, and state responsibility
The interconnection between human rights and the care economy constitutes a central analytical field for understanding contemporary structural inequalities, by conceiving care as a critical lens that shifts the focus from economic production to social reproduction and the sustainability of life. This paper proposes a reflection on the care economy and its interfaces with human rights and public policies, taking as reference three fundamental analytical categories. From a methodological perspective, the research is based on a systematic literature review, and the analysis was guided by the following analytical categories: (1) dignity of life, (2) structural equity, and (3) state responsibility for care. As results, care is recognized as an indispensable condition for the reproduction of social life and for the functioning of economic systems, demonstrating that the historical devaluation and invisibilization of care work stem from hierarchical social structures that unevenly distribute responsibilities, rights, and opportunities. The care economy is thus grounded in the preservation and continuity of life, understood in a broad and integrated manner, encompassing both individuals’ everyday needs and the economic, market-based, environmental, and social arrangements organized around care practices. From this perspective, care goes beyond interpersonal and domestic relations, asserting itself as a structuring element of public policies and productive systems, guiding development models committed to socio-environmental justice, social reproduction, and collective well-being.
Copyright (c) 2026 Daniel Hedlund Soares das Chagas, Daniel Claudy da Silveira, Tarcisio Dorn de Oliveira https://creativecommons.org/licenses/by/4.0/
“Sobrevivendo no inferno”: The drug law as a reflection of racism in brazilian criminal law
This study aims, from the perspective of the work "Sobrevivendo no Inferno" (Sobrevivendo no Inferno) by Racionais MC's, to analyze the lack of distinguishing criteria between users and traffickers in Law 11.343/2006, as a reflection of racism in Brazilian criminal law. To this end, the chosen method is deductive, based on bibliographic and documentary research. Based on the premise that every young Black Brazilian is a victim of structural racism and, therefore, framed within the racist stereotype of a criminal, this social interpretation is reinforced by the fact that the Drug Law does not establish objective criteria for distinguishing users from traffickers. This reality will be illustrated by songs from the album "Sobrevivendo no Inferno" (Sobrevivendo no Inferno) by Racionais MC's. The conclusion is that the Drug Law reveals itself to be purposefully silent as a consequence of an implicit legislative option in the adoption of enemy criminal law, with Black people being the components of the population group reduced to a social enemy.
Copyright (c) 2026 Yasmin Miranda Mayerhofer, Antônio Leal de Oliveira https://creativecommons.org/licenses/by/4.0/
An analysis of the decision rendered by the Federal Supreme Court in ADPF no. 131 and its contribution to the effectiveness of the right to health through the practice of non-medical professionals
Article 5, Section XIII, of the 1988 Federal Constitution stipulates that the practice of any occupation, trade, or profession is free, provided that the specific requirements established by law are met. However, some professions, such as optometry and various other health professions, lack their own specific regulations, despite requiring a degree from a duly accredited higher education institution. In this sense, for these professionals, there is a certain impediment to their free practice. This is because freely practicing a non-medical job, trade, or profession in the health field that lacks regulation requires an identification and analysis of the connections and boundaries between the professional’s activities and the exclusive domain of medical practice. This study, therefore, aims to understand to what extent the decision rendered by the Federal Supreme Court (STF) in ADPF nº 131 contributes to the effectiveness of the right to health through the practice of non-medical professions. Regarding methodology, this is a bibliographic and documentary study conducted in the Google Scholar, EBSCO, SciELO, and RedALYC databases, as well as on the CAPES platform, employing a qualitative, explanatory approach. In conclusion, it is evident that, in light of the arguments presented in ADPF nº 131, there is a need to discuss and advance the regulation of non-medical professions, with the situation of optometrists serving as a prime example. In this context, it is worth noting that these professionals contribute significantly to comprehensive health care, which does not undermine the exclusive practice of medicine.
Copyright (c) 2026 José Roberto Lopes da Silva Filho, Eduardo Rocha Dias https://creativecommons.org/licenses/by/4.0/
Law, technological obstacles and structures of domination: Paths toward an emancipated citizenship
The social transformations driven by digital technologies challenge democracy, human rights, and the exercise of citizenship, insofar as the domination already present in society is now reinforced by digital technologies. To address this context, the present work focuses on the technological challenges to law, democracy, and citizenship. Thus, it arises from the problem that asks: how do digital technologies and structures of symbolic domination challenge democracy and law, and demand a form of citizenship oriented toward emancipation? To build an answer, the objective is: to analyze the impacts of digital technologies and structures of symbolic domination on democracy and rights, investigating emancipation as a fundamental aspect of a citizenship directed at strengthening the Democratic Rule of Law and the values of the Citizen Constitution. The method employed is the hypothetical-deductive, within a qualitative, exploratory research approach, using bibliographic research techniques. The observation of digital technologies associated with structures of domination, based on Bourdieu’s categories, resulted in a certain conception of Emancipated Citizenship, as a fundamental condition to confront structures of domination, in order to foster the realization of Human Rights and the protection of Democracy.
Copyright (c) 2025 Revista Direito em Debate
Minority Report has left the screen and is already a reality: A review of the scientific literature on predictive policing
This article presents a comprehensive review of the literature on predictive policing, addressing its conceptual delimitations, advantages and disadvantages pointed out by the specialized literature, and a critical analysis of the existence of empirical evidence on these aspects. Initially, the various definitions and concepts related to predictive policing found in the literature are discussed, highlighting its application of quantitative techniques to predict geographical areas with a higher probability of criminal activity, as well as individuals or groups more likely to commit or be victims of crimes. The advantages attributed to predictive policing are then presented, including the ability to target police resources more efficiently and effectively, the reduction of crime in specific areas and the increase in the operational efficiency of police forces. However, disadvantages are also discussed, such as the lack of transparency in predictive models, the potential for stigmatization of groups and individuals and ethical concerns regarding privacy and the protection of civil rights. Finally, the article employs an analytical-descriptive methodology associated with a critical-dialectic with the dual purpose of describing the literature prepared as well as critically analyzing the existence of empirical evidence that supports both the positive and negative aspects of predictive policing. It highlights the need for further research to fill the knowledge gaps and provide a more solid understanding of the impacts of predictive policing.
Social stratification and coloniality: Notes for a decolonial reading of the sociological canon
The paper suggests a decolonial reading of the sociological canon with the aim of strengthening the analytical and, at the same time, emancipatory mission of sociology as a reflexive and critical science of “modernity”. To this end, the concept of social stratification is explored in order to bring into focus its ideological elements as Eurocentric, elements that limit – within a global social science perspective – its heuristic capabilities.
The position of fundamental rights and duties within the framework of the socio-environmental and democratic state of law
The study seeks to identify convergences and divergences in the consolidation of fundamental rights (and the broad development of their theory), in relation to fundamental duties (and their scarce theoretical development) within the framework of the Socio-Environmental and Democratic State of Law. Next, we examine the specificities of the contemporary constitutional moment and the differences between the perspectives of the state's duties of protection and the fundamental duties of individuals in society, which converge towards ecological protection. This is a legal-theoretical study of a dogmatic nature, with a qualitative approach, which critically analyses the asymmetries between fundamental rights and duties within the Brazilian constitutional framework.
Copyright (c) 2026 Marco Antônio Preis, José Francisco Dias da Costa Lyra https://creativecommons.org/licenses/by/4.0/
Crisis in the judiciary and decision-making discretion: Reflections on the brazilian context
This article analyzes the contemporary crisis of the Brazilian Judiciary in light of “Wild Powers – The Crisis of Italian Democracy”, by Luigi Ferrajoli, focusing on the expansion of judicial discretion and its impacts on the Rule of Law. The objective is to investigate how the empowerment of the Judiciary, in a context of fragility among the other branches of government, contributes to excessive judicial discretion, thereby undermining democracy in Brazil. The methodology adopted is logical-deductive in nature, supported by bibliographical research and theoretical analysis, particularly grounded in Ferrajoli’s work, combined with an examination of the Brazilian institutional context. The study concludes that the crisis of the Judiciary does not stem from a single factor, but from multiple causes, which foster practices incompatible with legality and constitutional democracy. It also presents proposals aimed at curbing judicial discretion and strengthening normative and institutional criteria capable of mitigating the current crisis scenario.
Copyright (c) 2026 Rafael Oliveira Beber Peroto https://creativecommons.org/licenses/by/4.0/
Employment relationship in uberization? Current doctrinal and national and international jurisprudential position
The uberization of work, also known as crowdsourcing, is a type of economic activity in which workers, apparently without any employment relationship, because they are considered autonomous and empowered entrepreneurs, provide an informal service of transporting users via digital applications. This new business model is supported by the transfer of work and business risks to digital platform workers, which represents a violation of human dignity, material equality, social values of work and the prohibition of social regression. This study seeks to investigate the extent to which this phenomenon is closer to or different from the employment relationship. This investigation will be carried out by presenting conceptual aspects of the uberization of work, analyzing national and foreign case law, identifying the requirements of the employment relationship, with emphasis on the concept of algorithmic subordination, and examining the elements present in the relationship between app companies and partner drivers that can characterize the employment relationship. Based on a methodology based on the deductive method, using the bibliographical research technique and a qualitative approach, we conclude, as an answer to the question that guided this work, that the uberization of work is close to an employment relationship, since the elements mentioned show that it is personal, non-permanent, onerous and legally subordinate, so that there can be a link between the app company and its partner drivers.
(Des)constitutive elements of environmental Justice in the amazon
The research problem lies in identifying the obstacles faced by peripheral Environmental Law in realizing environmental justice, citizenship, and the protection of the Legal Amazon. The objective is to understand the relationship between legal standards, environmental practice and the right to an ecologically balanced environment. The methodology involves theoretical bibliographic research, discussion and analysis. The results highlight the presence of environmental injustice in the unequal distribution of risks and natural resources, as well as the need for effective and participatory public policies. Furthermore, increasing the effectiveness of Environmental Law, since the Legal Amazon is not an empty space, should raise a reflection on how legislation should regulate land use in the Legal Amazon, which public policies are capable of equalizing deforestation, and how Environmental Law is effective in this scenario. It is concluded that peripheral Environmental Law for the realization of citizenship requires an integrated approach focused on concrete results to protect the Legal Amazon and promote sustainable development.
Copyright (c) 2026 Carolina de Albuquerque, Douglas Aparecido Bueno, Victor de Almeida Conselvan https://creativecommons.org/licenses/by/4.0/
Theoretical weaknesses of principialism in the field of legal interpretation: The criticism by Luigi Ferrajoli
In view of the recent profusion of theories generically entitled neoconstitutionalists, antagonistic to traditional legal positivism in many respects, debates about interpretation, in the field of law, have acquired greater relevance and complexity. In such a context, themes such as the principled nature of the Constitutions, and the theoretical viability of ponderation, gained prominence in the most advanced and current discussions held in the academic universe. The research, whose theoretical framework is the Italian jusphilosopher, Luigi Ferrajoli, is structured in two axes, which intend to discuss, respectively, the (in) existence of relevant conceptual diversity between rules and principles, and the supposed need to use the ponderation for the resolution of normative conflicts. Within the scope of the investigation, the hypothetical-deductive approach was applied, while the results were extracted by logical deduction, from the confirmation/falsification of previously formulated hypotheses. Done the investigation, it was possible to conclude the following: a) there are no structural differences between rules and principles; and b) the ponderation, although useful, should fall on the factual circumstances of the concrete case, to the detriment of the abstract norm.
Daniela Mesquita Leutchuk de Cademartori
An analysis of the civil code bill from the perspective of LGBTQIA rights
The goal of this article is to approach and analyze part of the Civil Code Reform Proposal presented to the National Congress, which aims to reform the Civil Code (Law no. 10.406/2002), in order to see if the rights of the LGBTQIA+ population are being considered in some of the proposed updates. The historical perspective of human rights and their evolution and consequences in the lives of the LGBTQIA+ population will be addressed, based on data and statistics that demonstrate the relevance of this work and the need to establish rules aimed at protecting and giving legitimacy to this population. In order to prepare this article, the logical deductive methodology was used, so that research was carried out in official bodies, legislation, case law, legal articles and periodicals, which are indicated in the bibliographic reference. In order to do so, this article has been structured and divided to present a historical analysis of the evolution of human rights, entering into perspectives on the rights of the LGBTQIA+ population and the discrimination they have faced and continue to face, which will be evidenced through data, in order to understand whether this reality is being considered in the changes proposed by the Civil Code Reform Bill.
Álvaro Luiz Travassos de Azevedo Gonzaga
Environmental compliance as a tool for realizing human rights: Legal perspectives and a case study
The mechanisms adopted by companies to control and prevent environmental damage, in compliance with the guiding principles of human rights (UN), are based on three pillars: protect, respect and remedy. To companies, especially, the second pillar, respect, is aimed. Therefore, all companies have a responsibility to respect human rights, complying with all applicable laws and following an ethical business standard. The study aims to analyze the relevance of environmental compliance as a tool for economic development through ethical practices and respect for current legislation, including with regard to environmental preservation and the enforcement of human rights. The methodological approach involved interdisciplinary research, with an epistemological orientation in critical theory, combining theory and praxis in the articulation of Constitutional, Environmental and Business Law, using document analysis and literature review techniques. As a finding of the study, the indispensability of environmental compliance programs in companies seeking efficiency and increased profits was inferred. It is considered that companies must adapt to sustainable development, although despite the decision handed down by the federal judge within the scope of the Popular Action (case no. 1015425-06.2019.4.01.3400) it conditions the approval of the purchase of the mining company FERROUS by VALE S/A upon the presentation of its environmental compliance, it was noticed that the practices tend towards a new ecocentric legal paradigm, with the subsequent decision of the injunction that suspended the aforementioned determination, indicating that much still needs to be built to effect the decline of anthropocentrism.
Copyright (c) 2026 Nydia Maria Costa Andrade de Carvalho, Vanessa Alves Holanda, Luisa Janaina Lopes Barroso Pinto https://creativecommons.org/licenses/by/4.0/
Dossiê: Crise do Direito e a Crise de Valores
Electronic monitoring and human rights: a look at the work of the judiciary in Rio Grande do Sul
This scientific article addresses electronic monitoring as a precautionary and sanctioning measure within the Brazilian criminal justice system, with attention to fundamental rights and guarantees. In order to understand the contours of this criminal policy in the actions of the Judiciary, the case law of the Court of Justice of the State of Rio Grande do Sul is problematized in the period from 2018 to 2022 regarding the demands related to the granting, or not, of electronic monitoring and its interface with human rights in order to establish the substrates of the judicial decision. Using the case study method, qualitative and quantitative approaches, the descriptive technique and bibliographic and documentary procedures, the text was structured into three sections, which begin with a presentation of electronic surveillance in Brazil and especially in Rio Grande do Sul; continue with a diagnosis of the actions of the Rio Grande do Sul Court of Justice in relation to the issue in question; and end with an analysis of the limits and possibilities of judicial decision-making within the framework of a Democratic Rule of Law. Finally, the case law sets out the necessary revisiting of human rights as a compass to guide the actions of the Judiciary in favor of a judicial decision on electronic surveillance with characteristics of legitimacy, justice and democracy in the light of the 1988 Federal Constitution.
When there is violence in dating: the dating violence phenomenon in Brazil and what we can learn from Portugal
The article intends to discuss dating violence, based on legislation and academic productions on the topic, with the aim of characterizing the phenomenon, its dynamics and its effects on the development of young people. It starts with the following questions: what is the impact of dating violence on young people and possible prevention paths in Brazil? What can be learned from Portugal in the fight against the phenomenon? The general objective of the text is to examine Brazilian academic production on the topic, identifying the needs from an investigative point of view and possible public policies to prevent and combat said violence. To this end, the article was divided into three specific objectives, explored in three sections: a) present main concepts and explanatory theories of the phenomenon; b) identify in Brazilian legislation and academic production how the phenomenon is recognized (or not); and, c) understand the effects of dating violence on young people. The type of research is exploratory, the approach method is deductive and the method is bibliographical procedure. Finally, it is concluded that it is necessary to deepen studies on the topic, so that means of preventing dating violence can be promoted, especially within schools, since this is where the protagonists of the phenomenon are.
Copyright (c) 2025 Law in Debate Journal
The nature and risks of the “fourth party” in online dispute resolution
The general objective of this article is to investigate the role of artificial intelligence in online dispute resolution, analyzing its function as a possible “fourth part” and as a tool for judges and lawyers, in light of the fourth technological revolution and Luciano Floridi's concept of the infosphere. The specific objectives are: a) To analyze the fourth technological revolution and the concept of the infosphere, and their connection with artificial intelligence systems; b) To assess whether AI can be identified as a "fourth part" in online dispute resolution; c) To verify whether AI serves solely as a means of action for judges and lawyers. The central question is: What is the nature and what are the risks associated with the use of AI as a "fourth part" in online dispute resolution? The affirmative hypothesis suggests that AI, despite lacking human intelligence, transforms the work of social pacification carried out by judges and lawyers, serving as an important support tool. The results indicate that: 1) The Fourth Revolution has impacted online dispute resolution, with an increasing use of AI to expedite conflict resolution; 2) AI as a “fourth part” promises significant improvements but also introduces dangers that require careful consideration regarding its use; 3) Transforming the world to facilitate AI action raises urgent challenges in shaping our physical and conceptual environments, which may require us to adapt to AI systems. The methodology used is exploratory, with a hypothetical-deductive procedure and qualitative and bibliographic approaches.
Difficulties and achievements of educationarea servers in Brazil and Portugal
The research addresses the precariousness and devaluation of teaching work in Federal Higher Education Institutions (HEIs) and in public basic education schools in Brazil and Portugal, focusing on the protests that arose from the dissatisfaction of education employees. The study analyzes how the lack of minimum working conditions, such as low wages, overload, excessive bureaucracy and scarcity of resources, impacts the mental health of educators and compromises the quality of teaching. The main objective is to demonstrate the difficulties faced by teachers and how these conditions affect motivation and professional performance. The methodology used is bibliographical research, based on articles, reports and studies on the topic, offering a diagnosis of the precariousness of teaching and reinforcing the urgent need for public policies that value educators and improve their working conditions. After the research, it was found that both Brazil and Portugal face many challenges. Overcoming these obstacles will only be possible through mobilizations and struggles, as even governments historically aligned with the defense of workers' rights have shown little willingness to negotiate effectively for professional recognition. It is concluded that the unity and resistance of public servants are essential to ensure quality education in both countries, pushing governments to implement public policies that truly acknowledge and value education professionals, as such recognition is unlikely to come willingly.
Copyright (c) 2024 Law in Debate Journal
Gender intersectionalities in the context of the feminization of migration: the (in)effectiveness of the human right to health of brazilian migrant women in Portugal under the lens of fraternal right
The theme of this research focuses on addressing Brazilian migrant women in Portugal in the context of the human right to health. The general objective is analyze the (in)effectiveness of the human right to health of Brazilian migrant women who are in Portugal from the perspective of fraternity. The specific objectives are: 1) Address the intersectional gender complexities that guide the existence of Brazilian migrant women in Portugal; 2) Analyze the (in)effectiveness of the human right to health of Brazilian migrant women in Portugal through the lens of Fraternal Law. Methodologically, the research is based on the hypothetical-deductive method, guided by a bibliographic and documentary analysis. The theoretical basis chosen to articulate the proposed analysis is the Theory of Fraternal Law, developed by the Italian jurist Eligio Resta. Given the gender intersectionalities in operation in the context of the feminization of migration, the question arises: is it possible to analyze the (in)effectiveness of the human right to health of Brazilian migrant women in Portugal through the lens of fraternal rights? It appears that as it is a common good for humanity, health needs to be accessed by everyone and structurally articulated for everyone. Thus, fraternity is a mechanism for realizing human rights, however, it needs to become a rule and transcend the theoretical plane to be incorporated into the dynamics of health policies in Portugal in favor of realizing the human right to health of Brazilian migrant women.
The embrace that is not in the law: Access to fundamental rights in the midst of the public calamity installed in Rio Grande do Sul
This article proposes to debate the relevance of judicial actors as protagonists in the organization of society in emergency situations of public calamity. It seeks to provide an overview of the fundamental rights that can be accessed through the courts, and the relationship between the state and these rights, even in times of crisis. The study is based on a conversation with the Regional Prosecutor in Lajeado, a city located in the Taquari Valley in the state of Rio Grande do Sul, one of the many towns in the state affected by the floods that occurred in September 2023 and May 2024. From the data collected, it is possible to verify the need for extra-procedural action by such agents, showing that the needs of human beings go far beyond or, sometimes, are simply summarized in waiting for a hug that is not in the law.
Uncovering the anatomy of hate: Beyond the borders of freedom of expression from the perspective of personality rights
The article addresses freedom as a fundamental value in the Federal Constitution, emphasizing the protection of dignity and personality rights of people and vulnerable groups, in the face of hate speech. The general objective is to understand the potential for violence resulting from bellicose language, especially against vulnerable minorities. Discusses how oppressive language can lead to physical violence, including in the digital environment. The text is divided into two well-defined sections, which correspond to its specific objectives: initially, it seeks to clearly understand freedom of expression and thoughts, with its constitutional limitations and implications for personality law; the second part analyzes hate speech as an act that precedes acts of violence. Finally, a conclusive synthesis of the reflections that were formed throughout the text is presented to verify the hypothesis initially admitted, in the sense that yes, hate speech must be combatted, because it serves as a trigger that can trigger acts of violence against vulnerable groups. The research was viewed using the hypothetical deductive method and analyzed the specialized doctrine on the subject, with the applicable legislation, analysis of cases taken from the Supreme Court of the United States to emphasize the degree of freedom of expression that is attributed there to cases similar to what is presented on Brazilian soil by the Judiciary.
The (non) compliance with the brazilian law on inclusion of persons with deficiency in brazilian public concourse
This study investigated compliance and non-compliance with the necessary biopsychological assessment, carried out by a multidisciplinary and interdisciplinary team, for people with disabilities, as regulated by the Brazilian Law on the Inclusion of Persons with Disabilities, aiming to fill job vacancies in the various administration entities public, always through public competition. The investigation analyzed notices for the opening of competitions, especially investigating the administrative procedures adopted by some public competition boards, as well as the possible losses caused, which victimize an important portion of the Brazilian population.
Participation in the constitutionalism of the future and participatory citizenship
The main objective of the present study is to determine whether the reason for the problem of effective participation, foreseen as a characteristic in the Constitutionalism of the Future, is due to a lack of conception of formal instruments or the absence of a popular participatory culture. In order to do so, bibliographic and documentary research is used, using the deductive method, since it is the most appropriate to achieve the intentions of this article. It starts then from the general premise, conceptualizing the Constitutionalism of the Future and the participation inserted in it. Afterwards, the instruments of Brazilian participatory citizenship are discussed. Finally, it goes to the heart of the issue, verifying whether the reason for the crisis of effectiveness of participation in Brazilian Constitutionalism stems from the absence of formal elements for that or from the absence of a culture of popular participation. The research, in turn, is current and relevant, as it deals with a matter that proposes to identify whether the crisis of effectiveness of participation, an integral element of the Constitutionalism of the Future, would be of a legal or social order. Finally, the theoretical framework of the Constitutionalism of the Future, developed by Dromi, is used.