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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 A responsabilização civil e criminal do agente policial pelos excessos praticados durante a legítima defesa própria ou de terceiros à luz do direito penal brasileiro(Universidade Federal de Goiás, 2023-02-10) Anjos, Álvaro Soares Cândido dos; Lourenço, Cláudia Luiz; Lourenço, Cláudia Luiz; Ferreira, Adegmar JoséThis paper aims to study the exclusion of illegality, more specifically, about self-defense and the analysis of punishable excesses practiced on its behalf. To this end, based on the deductive method and through qualitative bibliographical research, the work is developed from the analytical concept of crime, which consists of a typical, unlawful and culpable fact. Subsequently, it will deal with the exclusionary causes of illegality in the light of the Brazilian Penal Code and the majority doctrines, aiming to demonstrate their respective concepts and requirements for application. After this, the work will move on to the main study, self-defense, seeking to deepen its conceptualization, its main species, as well as an analysis of the excessive conduct of the agent, who, if he exceeds the limits of the permissive norm, intentionally or unintentionally, must answer for his excess, in the terms of the sole paragraph of art. 23 of the Penal Code. On the other hand, it will be seen that the agent who reacts in self-defense, taken by disturbance, fear or fright, acting in an unexpected way, not premeditated, the jurisprudence has recognized as a cause of elimination of guilt, for not being able to demand a different conduct from the agent. Finally, an analysis will be made of the possibility of civil and criminal liability of the police officer, when his reaction exceeds the limits necessary to characterize legitimate self-defense.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 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.Item Insider trading: um estudo a partir da legislação brasileira(Universidade Federal de Goiás, 2023-02-15) Gomes, Jéssika Vieira; Mariano, Álvaro Augusto Camilo; Mariano, Álvaro Augusto Camilo; Santos Júnior, Clodoaldo Moreira dosInsider Trading is a practice of trading securities by internal users, based on the knowledge of privileged information, that is, information not disclosed to the public. Law no 10.303/2001 classified such practice as a crime, with a prison sentence of one to five years, in addition to a fine of 3 times the amount obtained illegally. This device is recent in relation to the Financial Market. There is some difficulty in imputing such conduct to the active agent. This project aims to analyze the application of criminal law in the crime of Insider Trading, seeking to verify the application of Brazilian law in the practice of crimes involving privileged information. To achieve this objective, a bibliographical review will be carried out. From this analysis, it is expected to verify if the Brazilian legal device presents applicability in the repression of such conduct.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 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 Violência contra a mulher e isolamento social: influências da pandemia do covid-19(Universidade Federal de Goiás, 2023-02-17) Mendonça, Allan Bentley Ribeiro de; Sousa, Gaspar Alexandre Machado de; Ferreira, Adegmar José; Sousa, Gaspar Alexandre Machado deThis research deals with domestic and family violence against women during the social isolation of the COVID-19 pandemic in the city of Goiânia, in the years 2020 and 2021. This study takes a empirical-quantitative and bibliographical approach. whose central question is to understand if social isolation has a qualitative influence on cases of domestic violence and if it influenced fluctuations in the absolute number of cases of domestic and family violence against women during the pandemic time. In order to answer these questions, a bibliographic survey was first carried out based on the chosen theoretical framework, for the conceptualization of the main factors that make up domestic and family violence against women. Subsequently, the data collected from the Specialized Police Stations for Women's Assistance in the city of Goiânia was analyzed, referring to the absolute record of cases (month by month) of domestic and family violence against women in the years 2019, 2020 and 2021, to verify the oscillation of the records and the impact that the social isolation of the COVID-19 pandemic had, in this context, in the city. In sequence, based on the chosen bibliographical survey and data collected from the Specialized Police Stations for Women's Assistance records, the legislative and sociological concepts that make up the period of the COVID-19 pandemic in the country were discussed and social isolation was analyzed in correspondence with cases of domestic violence and family against women and their influences. Finally, public and private projects of national scope, in the state of Goiás and in the municipality of Goiânia, were discussed, which aimed to establish a line to combat domestic and family violence against women and how these projects were adapted to the context of the pandemic.Item Vitimização secundária de mulheres vítimas de crimes contra a dignidade sexual como reflexo da cultura do estupro no Brasil(Universidade Federal de Goiás, 2023-02-17) Peres, Bárbara Soares; Sousa, Gaspar Alexandre Machado de; Sousa, Gaspar Alexandre Machado de; Lourenço, Cláudia LuizThe present study aims to analyze the influences of “Rape Culture” on judicial discourse, observing the treatment given to women victims of rape by Criminal Law in relation to secondary victimization. First, this project works from the perspective of the rape crime as a type of gender violence, considering it as a result of the patriarchal system. To this end, the study works on different concepts of gender, demonstrating that the vision of society on the referred term causes inequality between the sexes. This, in turn, drives gender violence, of which rape is one species. The implications of the patriarchal order on the treatment that women victims of rape receive in Brazilian society are discussed, noting that the “Rape Culture” derives from the context of naturalization of the sexual violence and the process of victim blaming. Next, the project explores the historical evolution of the treatment that the rape crime received by the Law, from the colonial period, including the Portuguese Ordinances, until the advent of Law n. 14.321 of March 31st, 2022. In the third chapter, the discussion is centered on the notion of victim for Criminal Law, exposing the study of Victimology and the victim, from historical and conceptual perspectives, to finally reach the different forms of victimization: primary, secondary and tertiary . The last chapter begins with the analysis of the relationship between the Legal System and the culture in which it is inserted, in order to identify the role of the judicial discourse regarding the reproduction of the Rape Culture. Finally, the selectivity of Criminal Law is worked on by applying gender stereotypes to delimit which women can be considered victims of rape and which are, in a way, responsible for their own sexual aggression, characterizing the duplication of victimization.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 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 Uso de dados de geolocalização como prova da jornada de trabalho ante os direitos à intimidade e à vida privada(Universidade Federal de Goiás, 2023-02-23) Coelho, Daniel Oliveira; Azevedo Neto, Platon Teixeira de; Azevedo Neto, Platon Teixeira de; Santos Neto, Arnaldo BastosThe present article aims to address bibliographic sources related to the use of digital evidentiary means concerning geolocation records in labor disputes. The admissibility of this type of evidence in the Brazilian legal system will be analyzed, as well as how the use of geolocation data as evidence creates a conflict between fundamental rights, specifically the right to evidence and the right to privacy and personal life. The research methodology used in this work was exploratory, bibliographical, indirect documentation, qualitative, and basic research. Firstly, the technological evolution observed in recent decades and the emergence of communication methods capable of mapping, monitoring, and storing geolocation data was examined. Subsequently, the concept and characteristics of geolocation and the possibility of its use as evidentiary means were analyzed as a result of the constitutional guarantee of the right to evidence. Furthermore, the admissibility of this evidence in labor disputes was examined, taking into account the burden of proof in disputes regarding working hours, as well as the ordinary means of evidence. In addition, legal statutes and their procedures that regulate the treatment of personal data, including the use of geolocation data as evidentiary means, such as the General Data Protection Law and the Internet Civil Framework, were analyzed. The article also analyzed the conflict between the right to evidence and the right to privacy and personal life, considering the constitutional guarantees of intimacy and privacy. It was highlighted that in the Brazilian legal system, the conflict between fundamental rights implies a regime of reciprocal concession between guarantees to be analyzed in each specific case by the Judiciary. Judicial decisions resolving conflicts on the subject were analyzed, revealing the plurality of interpretations regarding the use of digital evidentiary means. Finally, it was concluded that, through the regime of reciprocal concession, digital evidence may be admissible and valid in judicial proceedings, provided that requirements that delimit the object of proof and ensure the confidentiality of these data in the process are observed, thus guaranteeing the constitutional right to evidence while preserving the privacy and personal life of the data subject.Item Simples Nacional: mecanismo de solução ou de complicação?(Universidade Federal de Goiás, 2023-02-23) Almeida, Ana Luísa de Melo; Botelho, Glacy Odete Rachid; Botelho, Glacy Odete Rachid; Moi, Fernanda de Paula FerreiraThe small companies play a significant role in the brazilian economy, representing for around 70% of formal jobs in the country, according to data from the Brazilian Micro and Small Business Support Service (SEBRAE in portuguese). Recognizing this importance, the Brazilian Federal Constitution defined, in its articles 147 170, item IX, and 179, the need for different treatment for these companies. As a result of this article, was created the “Simples Nacional”, a specific tax regime for small businesses, with the main objective of simplify the payment of taxes for these companies. With this differentiated regime, it seeks to offer these companies, through a series of benefits, a better condition to compete in the market with large companies. In this way, the present work seeks to analyze the functioning of the Simples Nacional and the advantages and disadvantages of this taxation model compared to the traditional model, in view of the importance it represents in the exercise of the activities of small companies, which are so essential for the development of country's economy.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 Liberdade de expressão e discurso de ódio: a propagação de ideias preconceituosas como ameaça à dignidade humana, uma comparação entre Brasil, Estados Unidos da América e Alemanha(Universidade Federal de Goiás, 2023-02-27) Baleeiro, Gabriel Braga Ribeiro; Tárrega, Maria Cristina Vidotte Blanco; Tárrega, Maria Cristina Vidotte Blanco; Santos Neto, Arnaldo Bastos dos; Lourenço, Cláudia Luiz; Silva, Kamilla de Oliveira eThe boundaries between freedom of expression and hate speech are difficult to resolve, as there is a strong legal debate on how to harmonize freedom of expression with rights such as equality, dignity, peace, and honor. However, this paper compares what the legal systems of Brazil, the United States, and Germany understand about the judicial accountability of hate speech, with the aim of bringing possible ideas to help mitigate this problem in Brazil, harmonizing rights while protecting human dignity and democracy. In the paper, the concept of freedoms in general will be addressed, followed by freedom of expression, as well as the main types of hate speech, focusing on racist hate speech and speech against the Democratic Rule of Law. Thus, the paper will present a long history to show how hate speech has its main origins in the historical processes of colonialism, racism, fascism, and their respective variants, recounting a little about the history of each of the three countries. The research approach method is the hypothetical-deductive and the procedure methods are historical, comparative, and bibliographic review. The main result achieved was that, according to the Brazilian legal system, judicial accountability for hate speech is necessary. However, it is clear that accountability alone is not sufficient, and that society and the state must take actions of counterspeech, awareness campaigns, popular mobilization, and emancipatory education.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 A tributação como ferramenta de redução das desigualdades sociais frente à pandemia da COVID-19(Universidade Federal de Goiás, 2023-02-27) Crispim, Leonardo Soares; Santos Neto, Arnaldo Bastos; Santos Neto, Arnaldo Bastos; Motta, Matheus CordeiroThis article presents considerations about the application of fiscal policies as a means of reducing social and income inequalities in Brazil, especially in a post-pandemic period. The work is informative in nature and aims to analyze information and data from renowned institutions and opinions from experts on the subject being debated. The objective is to indicate the main points of the Brazilian tax system that generate distortions in the social fabric, resulting in a greater incidence of taxes on the poorest segment of the population, proposing the necessary corrections. The methodological process was a literature review, using the hypothetical-deductive method. As a result, several characteristics of the tax system that help maintain social inequalities were observed, aggravated by the economic damages of the pandemic. In conclusion, measures are suggested to help spread out the tax burden so that the poorest part of the social fabric doesn't have to pay too much.Item A utilização da inteligência artificial nos tribunais brasileiros: risco ou benefício às decisões judiciais?(Universidade Federal de Goiás, 2023-02-27) Morais, Nayanne Silva Sousa; Marin, Eriberto Francisco Bevilaqua; Marin, Eriberto Francisco Bevilaqua; Alcântara, HebersonThis work aims to analyze whether the use of Artificial Intelligence (AI), in the context of cyberculture in Brazil and the current social, political and legal situation, represents a risk or benefit to judicial decisions in Brazilian courts. The analysis was based on the guiding constitutional principles of the legal process present in the Federal Constitution of 1988. Initially, a historical, social and cultural panorama responsible for the technological disruption was assembled. Next, AI was conceived; their species and their introduction in the electronic systems of the Brazilian Judiciary, after the advent of Constitutional Amendment no 85 of 2015. Brazilian courts that use AI in their systems and the result of its use were analyzed. The research was based on a bibliographic source; data from official reports published by the courts; statistical reports from the Getúlio Vargas Foundation (FGV) and from the National Council of Justice (CNJ). As a method, a hypothetical- deductive method was used. Finally, it is concluded that, except for areas of specific topics, which the CNJ advises against the use of AI, the technological resource does not pose a threat to judicial decisions, as it does not violate fundamental constitutional principles or constitutional principles of civil procedure. In addition, the benefit of use, both for the litigating parties and for the legal operators involved, outweighs, both in quality and quantity, the risks, as these are controllable by human supervision and likely to be reversed in appeal stages.Item Processo de implantação do programa de compliance público no estado de Goiás: do atendimento ao princípio da eficiência na esfera do poder executivo estatal(Universidade Federal de Goiás, 2023-02-27) Damaceno, Marcos Antônio Roberto; Motta, Fabrício Macedo; Motta, Fabrício Macedo; Sousa, Gaspar Alexandre Machado deThe objective of the present work is to demonstrate that the implementation of the Public Compliance Program, created by the Government of Goiás through Decree No. In the development of the theme, the concepts and characteristics of the principle of efficiency were presented, then discussing compliance as a governance tool, making a brief description of the history of compliance, describing its implementation, stages, methodologies used, and how the program is measured. Finally, the work proceeded to an analysis of the 15 risks raised in the risk management of the State Comptroller General, also verifying 15 proposed control actions, analyzing their contribution to the effectiveness of the principle of efficiency in the sphere of the State Executive Branch. At the end, six positive results were analyzed with the same objective, arising from the implementation of the Public Compliance Program.
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