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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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 Acordos de não persecução penal e os avanços da justiça consensual(Universidade Federal de Goiás, 2023-07-27) Junqueira, Brunno Felipe; Santos, Nivaldo dos; Santos, Nivaldo dos; Lourenço, Cláudia LuizThe objective of this work is to analyze the advances of consensual justice in Brazil, with special emphasis on the Penal Non-Prosecution Agreement - ANPP, which was recently incorporated into the Brazilian legal system by Law 13.964/2019, known as the "Anti-Crime Package", which brought updates national criminal law and criminal procedure. This study also aims to understand the main mechanisms of consensual justice present in our legislation, namely the Criminal Transaction, the Conditional Suspension of the Process, the Awarded Collaboration, with greater emphasis on the innovative aspects brought by the ANPP institute. In this sense, its concept, nature and requirements will be analyzed, deepening the study related to the constitutionality of the confession, in addition to the applicability of the institute and aspects related to retroactivity and non-compliance with it. In addition, based on current data and relevant information, seek to examine whether the agreements, even with their recent insertion in the legal framework, can really promote progress and improvements to the criminal prosecution system in Brazil.Item Alienação parental e isolamento social: uma análise interdisciplinar acerca das influências da pandemia da Covid-19 na atuação do direito de família na contemporaneidade(Universidade Federal de Goiás, 2023-08-18) Ibrahim, Carolina Hanna Mazyad; Ormond, Adriana dos Santos; Ormond, Adriana dos Santos; Assunção, Graciana SulinoThe present work aims to address the theme of parental alienation linked to the social isolation caused by the Covid-19 pandemic, analyzing the influences of this phenomenon on the performance of family law today. The study adopts an interdisciplinary approach, seeking to understand how social changes and the restrictions imposed by the pandemic have affected family dynamics, in addition to discussing legal issues related to parental alienation. In this sense, it will seek to analyze the Law n°. 12,318 / 2010, embraced as an important advance in the protection of children and adolescents in Brazil, since it brought to the legal system concepts related to Parental Alienation Syndrome. However, there is a significant gap in the discussion about the problematic issues surrounding this legislation, especially with regard to gender prejudices and how they also affect the minors involved. In addition, parental alienation stands out as a complex phenomenon that occurs when one of the parents or guardians deliberately seeks to undermine the bond, both emotional and physical, of the child with the other parent, generating conflicts and wear and tear in the family relationship. With the advent of social isolation, family dynamics have undergone drastic changes, often distancing parents from face-to-face coexistence with their children, creating, in turn, new challenges for the exercise of shared custody and compliance with visits. Thus, there will be a contrast between the preservation of the health of the child and the principle of the best interest of the child, since the care of the offspring had been accentuated, in order to avoid as much as possible the contamination of the child, preventing, for this, displacements considered necessary. It is observed, however, that this premise came to be seen as a facilitating apparatus for those who aimed to implement parental alienation, using the preservation of the child's health as a subterfuge to ban contact with the other parent. Finally, the study will emphasize the importance of an interdisciplinary approach to face the challenges imposed by the Covid-19 pandemic in the context of parental alienation and family law, encompassing Psychology in its interface with Law, based on systemic theory. In this sense, it is concluded that collaboration between different areas of knowledge is an essential factor in understanding the complexity of these issues and developing effective strategies to protect children's rights, promoting a healthy and harmonious family environment, even in adverse situations, such as the pandemic.Item Análise da responsabilidade estatal brasileira diante da grave crise humanitária do Povo Yanomami(Universidade Federal de Goiás, 2023-08-24) Duarte, Juliana Miranda; Rocha, Eduardo Gonçalves; Rocha, Eduardo Gonçalves; Moura, Priscila Kavamura Guimarães deGiven the serious humanitarian crisis of the Yanomami indigenous people declared in 2023, it is necessary to ascertain the accountability of the Brazilian State and its managers about actions and omissions that contributed to the tragedy. Methodologically, the bibliographical and documentary review with the analysis of primary sources of the Federal Public Ministry, Federal Regional Court of the First Region, Supreme Federal Court, Inter-American Commission on Human Rights, The Inter-American Court of Human Rights verified the provocations that urged the State to take measures to combat illegal mining and protect the Yanomami people. From this, it was studied the possible omission of Brazil and inefficiency of federal acts to contain the crisis experienced on indigenous land in the period between 2019 and 2022. It was concluded that it is appropriate the civil liability of the Brazilian State for collective damages caused and international accountability for human rights violations. As for the accountability of federal executive managers for the crime of disobedience proved to be appropriate, while what concerns crime against humanity and genocide need investigation to investigate the specific intent of the actors to commit it.Item Uma análise sobre a tutela jurídica da propriedade industrial brasileira: ponderada ou excessiva?(Universidade Federal de Goiás, 2023-08-16) Milhomem, Tiago Reis; Santos, Nivaldo dos; Santos, Nivaldo dos; Silva, Emanuel Jeremias Ramalho daThis article discusses industrial property rights in Brazil and their defense mechanisms, conducting a critical analysis of some of their shortcomings and their adaptation to the Brazilian reality. It evaluates the natural law and utilitarian theses, which are the two main pillars of industrial property defense. It questions the excessive punishability of the State in relation to piracy, which classifies behaviors and penalizes them with sentences that can exceed those for simple homicide. It carries out an analysis of the dilemma of industrial property protection, outlining the main conflicts of interest and the need for balancing to achieve equilibrium between the involved rights, while respecting the fundamental guarantees enshrined in the Federal Constitution. It further engages in a critical reflection on the economic, political, and social interests related to industrial property protection and the motivations behind its criminalization. Thus, employing the deductive method and conducting bibliographic research on articles, books, and laws, this study seeks to comprehend the historical construction of the right to industrial property, the influence of social transformations, its significance in contemporary societal development, and the safeguards established within Brazilian law. It concludes that there is an excessive punishment for violations of copyright due to the use of Criminal Law to classify acts of industrial property infringement. This protection infringes upon the rights and fundamental guarantees of the population, considering that, in light of the principles of proportionality and minimal intervention (ultima ratio), the topic should not be governed by Criminal Law but rather by other branches, such as Corporate and Commercial Law. Furthermore, it observes a latent judicial activism influencing verdicts to attempt to categorize violations of industrial property as more serious offenses, thus supporting the thesis that, beyond the interests of large industries, there is State interest in increasing fiscal revenue through repression.Item A aplicação das normas de saúde, higiene e segurança do trabalho no regime de teletrabalho ou home office(Universidade Federal de Goiás, 2023-02-27) Oliveira Júnior, Ivaney Paixão de; Azevedo Neto, Platon Teixeira de; Azevedo Neto, Platon Teixeira de; Santos Neto, Arnaldo BastosRemote work is a work modality favored by technological advancements and has experienced a significant and sudden increase due to the COVID-19 pandemic. Therefore, without clear and detailed regulations, and without enough time for proper planning, training, and structuring of the work environment at home, this new reality has accentuated concerns regarding the health and safety of remote workers. In this scenario, this article aims to investigate how occupacional health, hygiene, and safety general standards conform to the reality of teleworking and home office. To do so, a literature review is conducted, which includes an examination of norms aimed at guaranteeing these protections in these new work relationships. Although there is extensive regulation regarding the general protection of occupacional health, hygiene, and safety rights, it is observed that there is little discipline regarding the application of these rights to the reality of teleworkers. Although the 2017 Labor Reform sought to regulate the matter, important issues related to the topic have yet to be addressed. The rules are still insufficient and imprecise. Therefore, more detailed regulation is necessary to effectively guarantee worker protection in this modality.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 Compliance como ferramenta de gestão pública(Universidade Federal de Goiás, 2023-02-28) Rodrigues, Caroline Marques; Santos Neto, Arnaldo Bastos; Santos Neto, Arnaldo Bastos; Azevedo Neto, Platon Teixeira deThe present work aims to analyze the application of Compliance in public administration through integrity programs, aiming for its effectiveness in preventing illicit practices and promoting good governance. To achieve this goal, a literature review was conducted on the subject, as well as a study of the case of the Public Compliance Program of the State of Goiás. The methodology used consisted of collecting information through bibliographic and documentary research, consulting the current legislation in the Brazilian legal system, official reports and documents from the State Controller's Office of Goiás, books and scientific articles on the subject, as well as academic papers. The results achieved showed the importance of implementing compliance programs in public administration for the prevention of illicit practices and the improvement of integrity in public management. It was also possible to identify that the implementation of the compliance program should be accompanied by the promotion of an ethical and integrity culture, with the commitment of public managers to its implementation and maintenance. In addition, with transparent practices and risk management, compliance is capable of providing a more trustworthy and efficient administration, demonstrating its essentially as a management tool. For them to be effective, it is essential that public administration seeks to improve its ethical and integrity culture, as well as invest in the training of its employees. Advancement in this area can significantly contribute to strengthening integrity in public management, resulting in benefits for society as a whole.Item Conflito aparente entre o sigilo profissional do notário e a publicidade notarial: a emissão de certidão de escritura pública de compra e venda de imóvel urbano e suas implicações em face da Lei Geral de Proteção de Dados nas serventias extrajudiciais de notas do estado de Goiás(Universidade Federal de Goiás, 2023-02-17) Carvalho, Marco Antônio Matos Pinheiro; Arnaldo Bastos, Santos Neto; Arnaldo Bastos, Santos Neto; Alla, Valentina Jungmann CintraCette étude vise à analyser les implications de la loi générale sur la protection des données dans l'exercice de l'activité notariale, en particulier, dans la délivrance d'un certificat d'acte public pour l'achat et la vente de biens urbains, et ses effets dans la résolution du conflit entre les principes de la publicité notariale et du secret professionnel du notaire. La méthode utilisée sera celle de l'analyse bibliographique et documentaire, au regard du secret professionnel et de la protection des données conservées chez le notaire. La référence théorique, concernant l'analyse des principes étudiés, est la théorie des principes du professeur Humberto Ávila. Quant à la pondération spécifique entre secret professionnel et publicité notariale, la référence théorique est la théorie de la publicité notariale atténuée, soutenue par plusieurs auteurs du notariat, tels que Luiz Guilherme Loureiro et Walter Ceneviva. Le résultat attendu est l'analyse de chaque cas concret dans ses particularités, pour garantir la publicité des actes et, en même temps, la protection des données des participants.Item Conversão de tempo especial em comum, mediante contagem diferenciada, decorrente de averbação: aplicação do tema 942 do STF no regime de previdência social do município de Goiânia(Universidade Federal de Goiás, 2023-02-28) Bueno, Ana Alice Borges Camelo; Cardoso, Franciele Silva; Ferreira, Vivian Mantovani Battaglin; Cardoso, Franciele SilvaThis work intends to verify in the light of art. 40, § 4, item III, of the Federal Constitution of 1988, the possibility of applying the rules of the general social security regime for the registration of the length of service provided in activities carried out under special conditions, harmful to the health or physical integrity of the public servant, with conversion of time special in common, through differentiated counting in accordance with extraordinary appeal No. 1.014.286/SP (subject 942). As it is a contemporary subject, a bibliographical research was carried out using officialGovernment websites as a reference, as well as an analysis of cases where the registration and/or conversion of special time into common time was effectively applied, in the Social Security System of the Municipality of Goiânia.Item O cumprimento do limite de gastos de despesa com pessoal: existe uma falha dos órgãos de controle em relação aos dispositivos legais da Lei de Responsabilidade Fiscal perante os municípios?(Universidade Federal de Goiás, 2023-02-28) Souza, Fhelipe Oliveira de Almeida; Santos Neto, Arnaldo Bastos; Santos Neto, Arnaldo Bastos; Barbosa, Geraldo HenriqueThis article aims to verify compliance with the limit on personnel expenditure, defined in the Fiscal Responsibility Law, seeking subsidies to prove, or not, the application of the percentage set. Considering that the LRF has been playing an important role in contributing to public managers for a responsible and transparent management. For the construction of the present work, the method of bibliographic and documentary research was used by means of articles indexed in the CAPES and SCIELO platform and the Report-1st-quad. 2019. Were observed 246 municipalities, which 36 are above the staff limit and 37 above the prudential limit.Item Da (im)possibilidade de extensão do direito de preferência no âmbito dos contratos agrários interempresariais(Universidade Federal de Goiás, 2023-08-22) Silva, Vitor Hugo Souza; Mariano, Álvaro Augusto Camilo; Mariano, Álvaro Augusto Camilo; Bittencourt, LilianaThis research intends to analyze the possibility of extension of the right of first refusal under the agrarian contracts, as protective guardianship beneficial to the occupants of the rural lands, in all of their modalities planned in the Brazilian Law number 4.504/1964, well known as “Estatuto da Terra”, within the scope of the intercompany contracts. This research goes through the development of the concept of Agrarian Law in Brazil and its importance in the rural zone as a law science, going through the legal description of the right of first refusal and its configuration hypothesis, in a descriptive way. In the end, in the last Chapter, it deals with the admissibility of the right of first refusal in the situations that the occupant of the land is a businessman or natural person with great economic situation, within the exposure of serious doctrine dissent under the most important Brazilian agrarian law scientists to, when pondering each argument from each part, become to the Conclusion exposed.Item Declínio do estado democrático de direito brasileiro a partir de 2013: o sistema de justiça como instrumento pós-democrático(Universidade Federal de Goiás, 2023-08-22) Borges, Marcela Batista; Camargos, Wladimyr Vinycius de Moraes; Camargos, Wladimyr Vinycius de Moraes; Leite Filho, Antonio Henriques LemosThe present work has as an objective to investigate on how the Justice System features in the scenario of weakening of the Democratic State and strengthening of the Post-democracy. It begins by pointing the possible reasons of the decline of the Democratic State and by describing the new moment, the Post-democracy, where political power and economic power is the same. It follows by an analysis of how the Justice System has been used as an instrument for neoliberal and postdemocratic reasons such as mitigation of fundamental rights and guarantees as well as the weakening of legal limits to the exercise of power. Thus, the work will explain the Caso Mensalão and Operação Lava Jato with the aim of demonstrating that, in such trials, the interests of the elite and the market were sought to ensure, using, for this, the concept of lawfare. At the end, the need to rethink democracy and to fight for the rescue of fundamental rights and guarantees will be demonstrated.Item O direito à desconexão frente ao uso de plataformas digitais no trabalho: uma análise jurídica e suas implicações nas relações trabalhistas contemporâneas(Universidade Federal de Goiás, 2023-08-07) Corrêa, Gabriel Vilarinho; Azevedo Neto, Platon Teixeira de; Azevedo Neto, Platon Teixeira de; Santos Neto, Arnaldo BastosThis study addresses the topic of the right to disconnect in the face of the use of digital platforms in the workplace, with an emphasis on legal analysis and its implications in contemporary labor relations. The article seeks to understand the impact brought to workers' lives through the use of digital platforms in the work environment. To achieve this, the study employs the hypothetical-deductive method with the assistance of bibliographic research. The paper highlights that technological advancement and digitalization have transformed the workplace, but they also pose challenges to the protection of workers' rights. Furthermore, it addresses some fundamental aspects of the right to disconnect. Firstly, it examines the impact of constant access to digital platforms in the work environment. Next, it discusses the need to establish clear boundaries for the use of digital platforms outside working hours. Additionally, the article explores the phenomena of "infoxication" and "telepressure" arising from the use of technology in the contemporary work environment. Legal norms and jurisprudence related to the subject are analyzed to comprehend existing protective measures and the gaps that need to be addressed. Furthermore, there is an examination of the use of technology in the workplace as a means to guarantee the employer's right to economic development. Finally, the article assesses the right to disconnect in telework, taking into account the legal and practical challenges of this form of remote work. The conclusion highlights that the legal framework is still lagging behind regarding the right to disconnect and lacks clear provisions for ensuring this right. Emphasizing the need to update the legal framework, promote awareness among companies and workers, and establish a balanced and healthy work environment.Item Do financiamento DIP para as empresas em processo de recuperação judicial conforme a lei nº 14.112/2020(Universidade Federal de Goiás, 2023-02-15) Santana, Alexandre Montagnini de; Mariano, Álvaro Augusto Camilo; Santos Júnior, Clodoaldo Moreira dos; Mariano, Álvaro Augusto CamiloIn December 2020, law n. 14,112, which provided for a reform of Law n. 11,101, of February 9, 2005 (Regulation of judicial and extrajudicial reorganization and bankruptcy of entrepreneurs and business companies), which brought several changes to its content, among them, the objective of amplifying the instruments capable of proposing greater viability of an effective recovery of the company. One of the main changes brought about by the legislation was the regulation of the instrument that grants financing during a judicial recovery process – named, and commonly recognized by the doctrine, as DIP Financing. The current work has the objective of examining the progress of Brazilian legislation, focusing on the judicial recovery institute and observing the way in which DIP Financing came to be governed by this law, finally, performing an analysis to verify its impact on the Brazilian business credit market and one of the principles of business law: The Preservation of the Company. Therefore, the hypothetical-deductive method will be used by obtaining, organizing and analyzing data from legislation, doctrine, scientific articles and other documents that help to complete this study.Item Furtos famélicos e a incidência do princípio da insignificância: análise acerca da sua aplicabilidade a acusados reincidentes no âmbito do direito penal brasileiro(Universidade Federal de Goiás, 2023-02-17) Mendes, Janaina Gonçalves; Sousa, Gaspar Alexandre Machado de; Sousa, Gaspar Alexandre Machado de; Ferreira, Adegmar JoséUnfortunately, to this day, the financial state in which many people find themselves (associated with their vulnerability, due to their own subsistence or that of third parties, such as their children), causes them to be “forced” to steal food (with low financial losses and without the use of violence or serious threat) this so that they have the possibility to feed themselves at times when they cannot find a way out, that is, to maintain life. They are people who tend to repeat such actions precisely because they continue in a situation of misery, with no prospect of improvement. And it's not because they actually want to commit crimes, but the configuration of recidivism is effected by social difficulty. In the characterization of starving theft, the principle of insignificance must be applied, observing the following requirements: a) minimal offensiveness of the agent's conduct; b) no social danger of the action; c) reduced degree of disapproval of the behavior; and; d) inexpressiveness of the legal injury caused. Therefore, the value of the stolen property is not the only aspect to be analyzed in the specific case. For these reasons, the objective of this work is to analyze the application of the principle of insignificance in cases of starving thefts in which the agent is a repeat offender in this type of conduct. The justification consists in the fact that the subject is very relevant, since there is a very great socioeconomic difficulty in the country, aggravated, even, by the Covid-19 Pandemic. And yet, to reflect on the understanding established in the legal system and in factual reality. Finally, it is a research using the deductive analytical method, through a bibliographical, documental and theoretical review.Item Gerontologia LGBTQIA+: do Estatuto da Pessoa Idosa à violência estrutural(Universidade Federal de Goiás, 2023-02-28) Santos Filho, Everaldo Ubiratan dos; Abreu, Daniel Albuquerque de; Ferreira, Fernanda Busanello; Ferreira, Fernanda Busanello; Abreu, Daniel Albuquerque de; Castro, Luciano RodriguesThe aging of the population is a reality all over the world, and the growth of the elderly population has been growing potentially, being also a Brazilian reality. It is necessary to take a stand before the various types of disrespect practiced against the elderly, with a special focus on violence against them, mainly the violence against LGBTQIA+ elder people. Although the Brazilian Constitution of 1988 contemplates the subject in a superficial manner, it enables the enactment of a specific legal instrument for protection through Law n°10.741/03, known as the Statute of the Elder Person. In the light of the above, this study demonstrates that the law, as a specific instrument to protect the elderly population, fulfills its objective. It also shows that the ineffectiveness of the fight against structural violence perpetrated against the elderly lies in the lack of denunciation and inspection by society, family, and the State, institutions that work together to protect the elderly. In this sense, it becomes even more worrisome when we understand that the accelerated growth of the elderly population, despite being considered a positive factor in the history of human development, does not occur in line with the creation of measures that aim to ensure the quality of life of these individuals. Contrary to what was imagined, this growth has pointed to social, political, and economic problems, fostering the creation and development of violence.Item ICMS ecológico em Goiás: Cumprimento do papel de extrafiscalidade do tributo, a disputa judicial quanto a quota-parte entre os municípios goianos e os efeitos produzidos pelas capacitações oferecidas pela SEMAD entre 2021-2022(Universidade Federal de Goiás, 2023-02-28) Diniz, Lauana Souza; Lourenço, Cláudia Luiz; Lourenço, Cláudia Luiz; Botelho, Glacy Odete RachidThe extra-fiscal function of the tax lies in the fact that it must have an end beyond collection, with social, political and economic purposes, seeking social well-being. The Ecological ICMS is a tax mechanism that seeks to guide the conduct of economic agents, harmonizing the economy and the environment, balancing economic development with the rational use of natural resources and maintenance of ecological systems. It is opportune to maintain the participation rates of the Ecological ICMS in order to retain equity among the municipalities, since the inclusion of municipalities that do not meet the established criteria brings a contradiction, which can reduce the attractiveness of the Public Policy over the course of the year. time. Therefore, understanding these judicial resources and their final decisions is an opportunity to collaborate for their improvement. In this work, legislation and criteria practiced in the state of Goiás are observed, as well as some judicial processes concerning the distribution of Ecological ICMS among the municipalities of Goiás. Also noteworthy is SEMAD's important action in training municipal managers in the year 2022.Item (In)viabilidade do ANPP nos casos de tráfico privilegiado: mitigação ao princípio da obrigatoriedade da ação penal(Universidade Federal de Goiás, 2023-08-17) Pais, Sara Lima Santos; Sousa, Gaspar Alexandre Machado de; Sousa, Gaspar Alexandre Machado de; Lourenço, Cláudia LuizThe present work aims to analyze the feasibility of signing a non-criminal prosecution agreement (ANPP) between the Public Prosecutor's Office and persons investigated for the crime of drug trafficking, understanding that the prior application of the cause of reduction of penalty ‒ privilege ‒ is a form of mitigation of the principle of mandatory criminal action, by which the proposition of the ANPP is made possible. To support the research, a deductive approach method was adopted, with bibliographical and jurisprudential research on the subject, in addition to the qualitative exposition of data obtained by direct research source. The results seek to demonstrate the urgency of concluding the agreement, in cases of privileged trafficking, as a way to get rid of the labeling promoted by an eventual criminal conviction.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.
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