FD - Faculdade de Direito
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A Faculdade de Direito (FD), da Universidade Federal de Goiás, oferece o curso de Graduação em: Direito. Além de Especialização em: Direito Agrário e Ambiental; Direito Constitucional; Criminologia; Direito e Processo do Trabalho; Direito Internacional; e, Teoria do Direito.
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Navegando FD - Faculdade de Direito por Autor "Assis, Andrea Tavares Ferreira de"
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Item O abandono paterno equiparado ao aborto e as consequências futuras na vida do infante: uma análise acerca da insuficiência da medida indenizatória(Universidade Federal de Goiás, 2023-02-24) Teles, Maria Luiza Machado; Ormond, Adriana dos Santos; Ormond, Adriana dos Santos; Assis, Andrea Tavares Ferreira deThis monographic work compares paternal abandonment with abortion and analyzes the insufficiency of the indemnity measure provided for in Brazilian legislation as a method of reparation. It seeks to question whether the mere indemnity is effective for the cessation of the damage suffered by the infant. To this end, the first chapter points out the historical view of family formation and also the importance of the father figure in the life of the offspring. In the second chapter, the structural chauvinism in society as a basis for paternal abandonment is discussed, as well as the comparison of the vision between paternal abandonment and abortion by society. Still in the second chapter, the future consequences of the practice of abandonment in the victim's life are analyzed. Finally, the third chapter deals with the existing civil liability in the event of paternal-child abandonment and, also, with regard to the indemnity measure currently applied as a form of reparation for the moral damage suffered by the infant, since it is a merely palliative measure for not having influence on the origin of the damage and not causing a real change in the parent and, with that, ceasing paternal abandonment. In addition, it points out the need to apply other socio- educational measures that come together with the compensation, so that not only the years of abandonment and father absence are compensated, as well as all the traumas resulting from the years in a purely financial way, but that there is a pedagogical intervention of a parental nature that is applied to the abandoning parent in a mandatory and coercive way, since, the mere indemnity is limited to the punitive character in cases of affective abandonment, causing that, on several occasions, the parental-filial relationship will worsen due to to the wear and tear that the lawsuit brings the parties, not reaching the resolution of the problem between parent and offspring, urging the need for an effective tool for this, in this case, mandatory parental education.Item O cabimento da impugnação ao cumprimento de sentença de obrigação de pagar sem garantia do juízo no microssistema dos juizados especiais(Universidade Federal de Goiás, 2023-02-13) Faleiro Filho, Marco Aurélio Alves; Assis, Andrea Tavares Ferreira de; Assis, Andrea Tavares Ferreira de; Alla, Valentina Jungmann CintraThis article is concerned with the defense of the debtor sentenced to pay a sum within the scope of the microsystem of Small Claims Courts (Laws 9099/1995, 10259/2001 and 12153/2009). The research has an informative nature and aims to analyze legislation, jurisprudence and juridical doctrine on the issue. The objective is to investigate the apparent conflict between the interpretation of the microsystem laws and the CPC/2015 procedure, verifying the possibility of challenging the execution of the sentence, regardless of any payment assurance, in the Small Claims Courts. The methodological process was the bibliographic review and indirect documentation, with the analysis carried out through the hypothetical-deductive method. The result was that there is no consensus on the subject, with conflicting decisions in the Appellate Courts. In conclusion, a hermeneutic that favors the constitutionalization of the Civil Procedure and the adoption of the procedure contained in the CPC in its subsidiary application to the summary rite is suggested.Item Inconstitucionalidade da ADPF 442: ativismo judicial e a descriminalização do aborto até a 12ª semana de gravidez(Universidade Federal de Goiás, 2023-08-22) Mendes Neto, Lorhanne Claudine; Sousa, Denise Fonseca Félix de; Sousa, Denise Fonseca Félix de; Assis, Andrea Tavares Ferreira deThe objective of this article is to analyze the possibility of granting the request conveyed in the Argumentation of Non-compliance with Fundamental Precept 442, considering the limits of the constitutional jurisdiction exercised by the Brazilian Supreme Court in a Democratic State of Law. First, it is questioned whether the Federal Supreme Court, in the event of admitting the performance of abortion until the third month of pregnancy, will be acting as a positive legislator, or judging the case in accordance with constitutional norms. Then, as it is a difficult case, Ronald Dworkin's proposal will be examined to solve the so-called hard cases. The theme, widely controversial in the public debate, relates to the beginning and end of life, and its premature interruption. Based on the foregoing, the thesis is defended that the decriminalization of abortion up to the 12th week of pregnancy is not appropriate in the path of concentrated constitutionality control, as it constitutes a deliberation reserved for the constitutional competences, institutional capacities and democratic legitimacy of the Legislative Power. Therefore, the request submitted to the Supreme Court, in order to be accepted, requires the exercise of legislative functions that were not conferred on the Judiciary, which is, by nature, limited, not authorizing the reformulation of the Constitution with the scope that has been lending it.Item Indenização por danos morais decorrentes de abandono afetivo: uma análise jurídica acerca do valor devido(Universidade Federal de Goiás, 2023-08-22) Otaviano, Maria Cecília Mendonça; Sousa, Denise Fonseca Félix de; Sousa, Denise Fonseca Félix de; Assis, Andrea Tavares Ferreira deThe objective of this article is to analyze legally how the quantum of indemnity for moral damages arising from affective abandonment is done due to the importance that family life has for the moral, social, cultural and psychological development of children and adolescents. For this, affective abandonment is conceptualized and the legal possibility of valuing it legally and financially is observed. It also analyzes whether it is possible to measure the value of feeling and oblige parents to live with their children in the light of the legal protection given to affectivity and family life, as well as the duty of care provided for in the current Constitution. Next, it is observed which elements were taken into account to determine the value of indemnities. Finally, a reflection is made on whether the value normally established is sufficient to repair the damage caused. The work is done through a bibliographical review, in which it is sought to understand the methods used to fix the quantum of indemnity, in addition to showing the position of the doctrine on the legal possibility of the claim. In conclusion, the article argues that the doctrine and jurisprudence, for the most part, are positioned in the same way regarding the possibility of condemnation for moral damages resulting from emotional abandonment by parents, understanding that it is possible to hold parents civilly liable in case of emotional abandonment. Regarding the value of the indemnity, it is concluded that in view of the variability on which elements to be considered to configure the moral damage and to fix the value of the indemnities, it must be analyzed on a case-by-case basis.Item Limites na indenização por responsabilidade civil: aplicabilidade dos punitive damages dentro do direito brasileiro e a vedação ao enriquecimento sem causa(Universidade Federal de Goiás, 2023-01-26) Rabelo, Willian Adão; Santos Júnior, Clodoaldo Moreira dos; Santos Júnior, Clodoaldo Moreira dos; Assis, Andrea Tavares Ferreira deThe present work will analyze the applicability of punitive damages in Brazilian law and the prohibition of unjust enrichment. For this, a conceptual basis of what is civil liability was created, as well as the same basis for the concept of punitive damages. It contains information about the history, concept and applicability of both institutes. The objective is to verify the applicability of these institutes, as they were originally conceived in their countries, in view of current national legislation, doctrine and jurisprudence. The method used will be hypothetical-deductive and several national and foreign scholars will be used as a conceptual basis. It is identified that, without the establishment of institutes that discourage abusive conduct, they tend to continue to occur. In this way, this work advocates the application of the institutes presented, in a very modest way, since its complete application depends on the activity of the legislator. In the meantime, despite the lack of a specific legislation, jurisprudence and national doctrine begin to take effective steps towards the complete application of the studied institutes.Item A proteção dos direitos do nascituro no ordenamento jurídico brasileiro: legislação e jurisprudência(Universidade Federal de Goiás, 2023-02-07) Semedo, Dulceneia Maria Mendes; Assis, Andrea Tavares Ferreira de; Assis, Andrea Tavares Ferreira de; Sousa, Denise Fonseca Félix deThe present work aims to seek a concept of unborn child, with the purpose of outlining the studied theme and understanding the rights of the unborn child from the theories about life in the Brazilian legal system. Bring the discussions made by the natalist, conditional and conceptionist theories about the beginning of legal personality, in order to identify the status currently assumed by the unborn in the Brazilian legal system. It is based on the historical overcoming of the concept of legal personality strictly as synonymous with the concept of legal capacity and condition to become a subject of law, adding to its meaning, from the 1988 Constitution, the sense of ethical value emanating from the principle of the Dignity of the Human Person. It also analyzes the stj jurisprudence that recognizes the unborn as subjects of law. The work also analyzes the theme “Pregnancy Foods: A great advance in the protection of the unborn child. It also registers the legal causes that give rise to the maintenance obligation and points out the main historical moments that influenced the institute of the maintenance obligation, highlighting the most relevant characteristics that exist until the present day. The starting point of life directly influences the theory of the civil personality of man, since it is from this moment on that all the prerogatives inherent to the human being must be guaranteed. The unborn child has a relevant importance nowadays, with infraconstitutional legislators, since it is constantly subject to protective measures. Approaching, then, a set of preliminary and basic elements, inherent to the theme, the research was directed in the sense that the unborn child is not a mere possessor of potential rights, which does not have a mere expectation of a right, but is a being possessor of rights. Effective rights and that the Law of Gravidic Food, came to ratify and give even more prestige to the conceptionist theory of the civil personality.Item Requisitos para o conhecimento da reclamação ajuizada contra acórdãos proferidos pelas turmas recursais dos juizados especiais cíveis(Universidade Federal de Goiás, 2023-02-16) Mota, Henrique Segatto; Assis, Andrea Tavares Ferreira de; Assis, Andrea Tavares Ferreira de; Oliveira, Umberto Machado deIn an attempt to offer Brazilian citizens a quick jurisdictional access, which favors the conciliation and judge cases of less complexity, besides being free, unbureaucratic, informal and effective, the Law 9.099/1995 was enacted, which established the system of Special Courts in the homeland. However, over the years, it was found that this system had gaps, where, in this text highlights the absence of review of decisions rendered by the Appeals Courts (its second degree body). With the advent of the Civil Procedure Code of 2015, as well as the updates of jurisprudence and doctrine understanding, admitted the use of the Complaint as a means of challenging the judgments rendered in second degree in Special Civil Courts. This article analyzes the main issues concerning the application of the Complaint in the Special Courts, its legal nature and hypotheses of application in the system in question. From these questions, it is clear that the Complaint has a series of requirements for its filing, and that it cannot be used merely to re-analyze the evidence of the original lawsuit. Furthermore, we conclude that it is necessary to update Law 9.099/1995, so that it provides for the appropriate appeal to challenge second degree decisions, as well as to fix the competent body to process and judge such appeal, in order to promote not only a fast and unbureaucratic jurisdiction, but also an efficient and effective one.Item Responsabilidade civil do profissional da medicina veterinária e dos estabelecimentos prestadores de serviços do mercado pet(Universidade Federal de Goiás, 2023-02-15) Araújo, Eugênio Gonçalves de; Assis, Andrea Tavares Ferreira de; Assis, Andrea Tavares Ferreira de; Souza, Denise Félix Fonseca deBrazil currently has around 150 million pets and 170,000 active professionals in veterinary medicine. The civil liability of health professionals, including veterinarians, is a subject of growing interest in the judiciary. This work aimed to research in the literature the civil liability of the veterinary professional and establishments that provide services in the pet market, mentioning the jurisprudence and presenting recent data on the subject. The concept of civil liability emerged in ancient Rome with the Lex Aquilia, which introduced the concept of proving fault to repair damage. Essential elements of civil liability are action or omission for the conduct, fault or intent of the agent, causal link and the damage experienced by the victim. The doctrine recognizes subjective civil liability, derived from guilt, whether due to negligence, imprudence, or malpractice, on the part of the individual who caused the damage, or objective liability, derived from the theory of risk, where the verification of the causal link between action or omission and damage characterize liability. National legislation and jurisprudence determine that the liability of independent professionals, including veterinarians, is objective, while that of companies is subjective. Veterinary professionals must be aware of the ethical legislation, keep records updated and communicate clearly with tutors, to avoid convictions for material and moral damages.