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Agora exibindo 1 - 20 de 41

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, Liliana
This 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.
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 da
This 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.
(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 Luiz
The 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.
Segurança jurídica no banco dos réus: uma análise sobre os diferentes parâmetros utilizados pelos jurados em decisões proferidas no Tribunal do Júri e suas consequências em relação ao sistema de justiça brasileiro e seus integrantes
(Universidade Federal de Goiás, 2023-08-17) Bernardes, Renan Bulhões; Sousa, Gaspar Alexandre Machado de; Sousa, Gaspar Alexandre Machado de; Lourenço, Cláudia Luiz
The general objective of this work is to understand how the different criteria used by jurors in the context of the Jury Court impact the Brazilian justice system and its members. In addition, we sought to achieve the following specific objectives: to analyse the possible existence of normative antinomy between constitutional principles present in the context of the judgments of the People's Court, to understand the main factors capable of influencing the decision-making process of the judges in fact, to elucidate the hypotheses of annulment of the decisions rendered by the Sentencing Council and to expose the main understandings of consecrated authors in the legal field regarding the possibility of annulment of these decisions. The method used was deductive. In addition, extensive bibliographic research was carried out by national and international authors, both in the legal field and in the sphere related to psychology. Although the study has used predominantly qualitative sources, quantitative data are also present for better illustration and factual proof. The chapters were divided into Introduction, General Aspects of the Jury Court, Law and Psychology, Legal hypothesis of cancellation of decisions manifestly contrary to the evidence of the record, Consequences of the problem in relation to the members of the Brazilian Justice System and Conclusion. The conclusions reached showed that it is possible to have normative contradictions generated by decisions handed down in the context of the Jury Court, demonstrated the great influence that psychological factors have on the decision-making bias, attested to the extremely restricted scenarios of modification of the sentences handed down in the context of such crimes and demonstrated that the particularities that permeate the scenario of intentional crimes against life can cause the loss of credibility of the Law as a means of regulating social relations.
Política criminal de aplicação da pena mínima e padronização na dosimetria da pena do crime de tráfico de drogas
(Universidade Federal de Goiás, 2023-08-15) Faquineli, Mariana Lima; Sousa, Gaspar Alexandre Machado de; Sousa, Gaspar Alexandre Machado de; Lourenço, Cláudia Luiz
This academic work presents an analysis of how the criminal policy of the minimum penalty is used in criminal sentences for drug trafficking, with the general objective of analyzing the dosimetry of the penalty for this crime, in relation to the judicial circumstances regarding the quantity and quality of the drug and regarding the application of privileged traffic. For the production of this research work, the hypothetical-deductive method was used. The hypotheses formulated were verified through bibliographical research and through empirical research, which was developed with the collection of data, from the documental analysis of the criminal sentences for drug trafficking handed down by the Judgment of the 4th Criminal Court of Imprisonment of district of Goiânia-GO, in view of the complaints filed by the 41st Public Prosecutor's Office of the district of Goiânia, between 2021 and 2022. From this data collection, it was possible to identify that the standardization in the dosimetry of the penalty for the crime of drug trafficking in The first and third phase is an instrument for the courts to exercise the criminal policy of applying the minimum penalty. Thus, it is clear that the Brazilian judiciary ignores the various parameters provided by law to define the base penalty for the crime of drug trafficking, in particular the quantity and quality of the drug and to apply the figure of privileged trafficking, dealing with situations of seriousness. with the same penalty, in favor of the criminal policy of the minimum penalty.
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 de
The 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.
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 Lemos
The 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.
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 de
The 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.
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 de
Given 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.
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 Bastos
This 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.
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 Sulino
The 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.
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 Luiz
The 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.
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 de
The 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.
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, Heberson
This 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.
Possibilidade e efeitos do reconhecimento do vínculo empregatício para o microempreendedor individual: o fenômeno da pejotização
(Universidade Federal de Goiás, 2023-02-28) Sousa, Vitor Humberto Lobo de; Azevedo Neto, Platon Teixeira de; Azevedo Neto, Platon Teixeira de; Santos Neto, Arnaldo Bastos
This article seeks to understand what the pejotization phenomenon is, so that we can pay attention to the problems that replacing the formal contract with the hiring of MEI's can generate. This practice, very common in today's society, is a double-edged sword. While giving more freedom and autonomy to the employee, it also restricts his labor rights. With this, we arrive at the main objective of this article, which is to clarify the possibility and effects of recognition of the employment bond for the MEI. The methodological process was the use of the hypothesis that, in some cases, the employer uses pejotization to obtain advantagesin the employment relationship, hiring MEI's instead of CLT employees to avoid laborcharges. From this hypothesis, using the deductive method, it is understood that MEI's who felt harmed sought the Labor Court in order to obtain the employment bond to have access to theirlabor rights. And it is based on this scenario, the understanding of experts and decisions made by the Brazilian Judiciary, that we will clarify in which context the phenomenon of pejotization is bad for the employee, what is the possibility of obtaining an employment bond, even as a legal entity and without a formal contract, and what are the necessary requirements for the recognition of this employment bond, as well as the effects arising from this recognition. As a result, it was concluded that, by proving the requirements for recognition of the employment bond, it is indeed possible to recognize such a bond for a MEI. And the most relevant effect of this recognition is the employer ́s obligation to pay the foreseen labor rights that are pertinent to the specific case.
Violência doméstica e familiar contra a mulher em tempos de Covid-19 no estado de Goiás: uma análise de competência e de casos ajuizados durante a pandemia
(Universidade Federal de Goiás, 2023-02-28) Correia, Matheus de Sousa; Cardoso, Franciele Silva; Cardoso, Franciele Silva; Panatieri, Cristiane Bianco
The present study aims to present an analysis of the influence of social isolation during the COVID-19 pandemic about the number of cases of domestic and family violence against judicialized women at the Goiás State Court from 2019 to 2021; as well as make a legislative and bibliographic analysis on the competence to judge cases of domestic and family violence against women in the light of the Maria da Penha Law. The methodology used was based on bibliographic and documentary research, as well as in Brazilian legislation itself. As main conclusions, it is infected in hypotheses to justify the number of judicialized cases of the first year of pandemic compared to the previous year.
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 de
This 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.
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 de
The 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.
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 Cintra
This 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.
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 Cintra
Cette 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.

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