Revista Internacional Consinter de Direito

Access to energy from energy sources: Reducing social discrepancies

Homero de Giorge Cerqueira — 2025-07-06

This article's research objective is to examine the efficiency of (electrical) energy generation through the application of urban waste in Brazilian society. The objective of the investigation is to certify that the application of public and private policies for the correct disposal of waste will have an explicit impact on clean energy sources and, as a result, will contribute to the reduction of GHGs and the mitigation of social conflicts, especially in Brazil. The research aims to answer the following problem: “How to dispose of solid waste without damaging the environment and building sustainable development and citizenship?” We work with theoretical-empirical research using the deductive method. The bibliographical survey is based on authors with emphasis on modeling the State with public policy solutions, as well as interviews, in order to establish a reflective dialogue between theory and the object of investigation. The research analyzes scientific studies and graphics that correlate poverty in the Brazilian state with the lack of access to energy and the pollution caused by irregular waste disposal. The result is a position presented as a solution to the problem of basic sanitation in the neediest regions.

Procedural act and theory of nullity

Fernando Muniz — 2025-07-06

The objective of this article is to examine the thesis of the a priori exclusion of procedural acts from the common system of nullities, based on a Calmon de Passos’s well-known work, in which that thesis is defended. The hypothesis is that the conclusion reached by Calmon de Passos results from a misconception about the analytical structure of the general concept of human action. The scientific research method used was logical-deductive. The methodological procedures were comparative and monographic, corroborated by bibliographic research (publications), in addition to formal research sources (laws lato sensu and doctrines). The examination allowed us to note that the definition of traditional legal doctrine, accepted by Calmon de Passos, which states that “a procedural act is a legal act that produces effects in the process”, is not sustainable. And also that the definition of “procedural act” that Calmon de Passos provides falls into the logical error of circularity, and is still insufficient, despite containing excessive words. Regarding the thesis defended by Calmon de Passos, which states that procedural acts are formally excluded from the general system of nullities due to defects of will, it was possible to conclude that it arises from a misconception about the analytical structure of human acts in general. Regarding the scope of the system of nullities due to defects of will, the conclusion is that there is nothing in the formal theory that excludes procedural acts a priori.

Communicative competences in the law

Jesús Victor Alfredo Contreras Ugarte — 2025-07-06

The basic and primitive communication of animals to communicate fear, hunger, to flee from a threat, etc., are, to a certain extent, forms of communication; however, they are instinctive forms of communication that do not go beyond mere survival. In the case of human beings, our ability to communicate enables us to express situations that go beyond instinct. Intelligent communication transmits theories, developments and explanations about our own existence and about everything that surrounds us and that we construct in our societies. Law is one of these constructions. In the legal field, we jurists work in the judicial, administrative, teaching and other areas and, in all of these, efficient communication is an indispensable competence for our professional development. A jurist who does not communicate (writes badly and says badly), no matter how accurate the theoretical content of his or her speeches, will not be efficient in his or her profession. Communicating is fundamental for the jurist. The aim of this article is to highlight the importance of efficient communication for jurists. The hypothesis supports the crucial importance of this efficiency for professional excellence. We use the descriptive method to highlight the situation; we also use the descriptive method to propose a solution to this obvious deficit. The main result achieved in this work is to know in a logical, intense, persuasive, reflexive and direct way, how to exercise the techniques of communication and how to argue analytically each concrete case and each legal body in an efficient way.

Sustainable development as a duty: A path to the effectiveness of human and peoples’ rights

Juliana Melo Tsuruda — 2025-07-06

Based on the assumption that development, in human rights, is about the economic, social and cultural transition to more humanized ways of life, it was included the sustainability component, an idea present to safeguard the environment and intergenerational justice. Goals. The scope of the work is to investigate what can be understood as sustainable development. It also seeks to investigate whether achieving sustainable development can be considered a duty within the scope of human rights. Hypothesis. The work is based on the following hypotheses: that the right to development must be realized considering the idea of sustainability; that human rights also have the aspect of duties, not just rights; and, in this sense, that sustainable development gives effect to human rights, both for individual enjoyment and for the benefit of people. Methodology. Qualitative research, with deductive method and documentary procedures.

Climate change law and the crisis of the energy model in the context of transition

Andrea Márcia Gonçalves Leandro — 2025-07-06

This analysis is an overview of the legal regulation of the climate crisis, which is shown to be, first and foremost, a crisis of the energy model, and its main objective is to demonstrate how the multi-level structuring of the so-called climate change law contributes to the mitigating actions of States in the face of the effects of the crisis. This issue has its importance revealed in the structuring of this new normative system, in order to foster sustainable development (industrial, scientific and technological) accompanied by constant environmental protection. This analysis then seeks to demonstrate how multi-level legal and normative protection is provided in the face of the threats of the climate crisis, and its levels of enforcement, on an internationalist platform that designs a legal regime for climate change, which forces the emergence of an energy model with low or zero GHG emissions. The methodological option for constructing this rationale is bibliographical research, based on logical-deductive principles, revealed in a panoramic study of the legal phenomenon under analysis, from its trigger, the climate-environmental crisis, through the need to change the energy matrix from fossil fuels to a low-carbon economic model, thus implementing the energy transition.

Rights of nature and water in Colombia: Challenges for environmental justice in Latin America

Vanessa Suelt Cock — 2025-07-06

The objective of this article is to analyze the existing tensions between the defense of nature’s rights, the regulatory frameworks that protect the environment, and judicial decisions aimed at safeguarding ecosystems and community rights. The methodology employed is analytical and is based on a theoretical study of nature’s rights and contemporary debates surrounding them, complemented by a review of the most relevant judicial decisions that have recognized these rights. Within this framework, a critical analysis is conducted on the coherence between current regulations, the needs of the populations, and the effective enforcement of judicial rulings. The results show that, in the Colombian context, as in other Latin American countries, there are still significant limitations in understanding and applying an ecocentric approach that harmonizes nature’s rights with human rights. Instead, tensions prevail that hinder the realization of environmental justice from a legal perspective. In the final considerations, the article highlights the need for structural and institutional reforms within the legal framework to ensure the stability and integrity of the country’s river ecosystems, as well as the right to water and basic sanitation.

Free justice for minors in child support actions

Lucas Abreu Barroso — 2025-07-06

This article aims to address the issue of free provision of justice for minors in child support cases. The underlying scientific research highlights the need to adjust the criteria for granting legal aid in such judicial matters, ensuring that the financial situation of the beneficiary (children and adolescents) is not confused with that of their legal representative or assistant. Linked to a critical-methodological approach, this article seeks to rethink legal institutions in a contemporary manner and propose solutions for real-life cases. By adopting a legal-dogmatic perspective, it also discusses applicable normative propositions with a focus on society and its conflicts, aiming to ensure that the law achieves social effectiveness.

Artificial intelligence and labor market 5.0 for women

Vauzedina Rodrigues Ferreira — 2025-07-06

Abstract: The objective of the research is to demonstrate the difficulties faced by women in insertion and professional development in the 5.0 job market, with the aim of highlighting the causes that generate gender inequality in an even more aggravated way due to automation and the use of intelligence artificial in the way work activities are carried out. The justification and relevance of the topic lies in the fact that technology must serve humanity in an equal way, and never contribute to the increase in existing inequalities. Through the use of the exploratory method, based on bibliographical research and the current legal system, the research results highlighted the need to adopt healthy measures to achieve better opportunities for women in the 5.0 job market, as only then , it will be possible to eliminate discrimination and gender inequality that are so harmful to the good development of labor relations.

Jewelry and taxation under the human rights legal order

Barbara Della Torre Sproesser — 2025-07-06

The work adopts a human rights bias when verifying whether or not the declaration of assets for the purpose of establishing a tax calculation basis should list jewelry. Considering the purpose of promoting a dignified existence for everyone and the need to implement social justice, it is observed whether that justifies the requirement to list the jewelry. Human rights violations committed by States are verified, demonstrating that the possession of information about the ownership of jewelry represents a risk factor for citizens, since jewelry is an asset of a security nature. Thus, it is concluded that the act of inventorying jewelry and owners, even indirectly and through tax activity, violates human rights.

Plurinationality and mutation of constituent power

André Ribeiro Leite — 2025-07-06

The continuous adoption of new constitutional texts by the majority of Latin American states since 1980, in addition to expressing the transition from authoritarian regimes to democracy, presents innovative elements to the theory of constituent power of a liberal matrix originally systematized by Abbé Sieyès, in his work "What is the Third Estate?". Using a comparative law study to analyze this phenomenon of constitutional renewal, it was observed that the institute of legal pluralism evolved into multiculturalism and, finally, resulted in the creation of a new institute, plurinationality. This dynamic, although ordinarily described by the doctrine as "neo-constitutionalism", in fact seems to suggest the normative recognition of a kind of hybrid manifestation of the constituent power, a phenomenon related to the mutation of its essence, which is called "constituent mutation".

The discreet influence of the Code of Civil Procedure in Portuguese arbitration

Estefânia Viveiros — 2025-07-06

This article aims to analyze the influence of the standards of the Civil Procedure Code on Portuguese arbitration, without, however, denaturing the arbitration process, leaving it with the virtues of the quality of the decision and the depth of the effectiveness of the jurisdictional provision, characteristics inherent in arbitration. The present work has its importance justified by the indispensability of the existence of legal cooperation between judges and arbitrators, who nurture it with the diversity in their actions due to their peculiarities, but with the common point of the jurisdictional nature of the activities carried out both in the arbitration process and in the state process. . In this context, the analysis is focused on the fact that some procedural rules - immediately discarding “the formal rules and formalism” - must certainly serve through the compatibility of the rules to contribute to the arbitration process, without altering its essence and without turning it into a procedural burden for the arbitrators. The methodology used in the construction of this article was logical-deductive, based upon a procedure of bibliographical analysis on the central points involving the relationship between the Civil Procedure Code and the Portuguese arbitration process.

The role of trade unions in combating violence and harassment in the workplace. ILO Convention 190

Ivani Contini Bramante — 2025-07-06

Violence in the workplace is a genre that includes physical and mental violence, moral and sexual harassment and discrimination in general. Eradicating violence in the workplace is the duty of everyone, the state and society. On the other hand, a new concept of environment has emerged: the labour-cultural relational environment and the real and virtual environment. There is also a new risk agent: the psychosocial agent and new mental illnesses, including Bournout Syndrome, recognised as a workrelated illness by the WHO – World Health Organisation, which requires effective public health measures that must be prevented by the state and trade unions. A new trade union mission has therefore emerged: combating violence, harassment and discrimination in the workplace.

The possibility of charging sucumbence fees in the incident of disregard of legal persona

Daniel Willian Granado — 2025-07-06

Succumbing fees represent the legal fees that the losing party is obliged to bear in favor of the winning party. The attribution of these fees is subject to the law that establishes parameters that give a certain margin to judicial discretion and depends on the party responsible for the casualty of the demand. On the other hand, the incident of disregarding the legal personality appears as a mechanism available to the creditor to reach the assets of the partners of a company that does not have assets subject to execution, to guarantee the satisfaction of the obligation assumed if the legal requirements are met. to reach the assets of those who were not part of the original legal-procedural relationship. Until recently, jurisprudence understood that in the case of an incident of disregard of legal personality there was no need to talk about succumbing, as it was an incident to the process. However, recently, the Superior Court of Justice changed its understanding to recognize the possibility of succumbing only if the decision is favorable to the defendant in the incident. As there was a substantial change in the form of the understanding drawn up by the STJ, two instruments await a decision with a more qualified quorum to guide and pacify the jurisprudence. The analysis of succumbing fees in the context of incidents requires specific considerations of each case, considering its nature and complexity, as well as the resources mobilized by the parties and the relevance of the work of the lawyers involved. Through bibliographical research, this work will seek to examine the recent position adopted and pending pacification, in addition to questioning whether this perspective could compromise the legal security of the procedural system.

Precarization of human work amid the disruptive economy

GERMANO CAMPOS SILVA GERMANO CAMPOS SILVA — 2025-07-06

This study addresses the precariousness of human labor in the context of the disruptive economy, analyzing the impacts of technological advancement on labor relations and the challenges in protecting labor rights. The three phases of the Industrial Revolution are highlighted, emphasizing the technological and scientific advancements that have affected economic sectors and the world of work. Despite the benefits of the informational revolution, such as the development of robotics and cost reduction, there has been a setback in labor rights, evidenced by the gradual replacement of human labor with machines and the increase in structural unemployment. The modern economy seeks to replace human labor and reduce costs to increase competitiveness. In this context, digital platforms emerge, transforming the landscape of labor relations. The Covid-19 pandemic has accentuated the precariousness of labor relations, leading the government to adopt emergency measures. The study reveals the legal limbo in which platform workers find themselves, generating debates about the need for specific regulation or the application of existing labor laws. The hypothetical-deductive method and bibliographic research were adopted, using works by important scholars in Labor Law and Labor Sociology, as well as data from official bodies such as the Brazilian Institute of Geography and Statistics (IBGE) and the Institute for Applied Economic Research (IPEA).

The accumulation of special retirements for health professionals in Brazil's own systems

Danilo de Oliveira — 2025-07-06

This text proposes a solution to a controversial issue in Brazil's Social Security Systems: the (im)possibility of accumulating special retirements for those who hold two public positions as health professionals with regulated professions (hypothesis). In such cases, would the treatment given by the Federal Supreme Court within the General Social Security System be appropriate, since it decided that the legal prohibition on the accumulation of special retirements was constitutional (objectives)? All the material collected for bibliographical and documentary analysis was analyzed from a positivist-rationalist and hermeneutic point of view (methodology used). It was noted that the remaining distinctions between the different social security systems that coexist in Brazil justify, despite the continuous approximation between them, a different legal solution about the (im)possibility of accumulating special retirements (results achieved). In view of the traditional methods of interpretation – historical, teleological and systematic – as well as the methods of constitutional interpretation – supremacy of the constitution and unity of the constitution – the conclusion is that the accumulation of special pensions for those occupying public positions as health professionals in regulated professions within the scope of the Social Security Schemes is constitutional (final considerations).

The calculation of the death pension benefit in Brazil, analyzed from the perspective of the spouse, partner or companion who performs so-called “invisible work”

Cristiane Mussi — 2025-07-06

This article aims to analyze the calculation of the death pension benefit in Brazil, granted by Constitutional Amendment 103/2019, from the perspective of the spouse, partner or partner who performs so-called “invisible work”. The importance of the topic is latent, since people who carry out domestic activities, in the broad sense of family care (social reproduction), do not have economic and social recognition and need special social security protection, as a measure of social justice. As a hypothesis, it is observed that in order to obtain effective social protection in the granting of the death pension benefit to these dependents, it is necessary that the value of the benefit does not suffer reductions brought by EC 103/2019 in the case of the death of its creator. In this context, the methodology used was logical-deductive, based on the bibliographical and legislative analysis procedure, with the aim of providing a general and close view of the importance of full protection of the death pension for dependents as spouse, partner or partner. who carry out invisible work or social reproduction, as will be observed throughout the study. As the main results achieved, there is a need to recognize the importance of developing invisible work carried out by the spouse, partner or partner through social security, with the exception of the method of calculating the death pension owed to these people, in order to grant the benefit in the amount of 100% of the value of the retirement received by the person establishing the death pension or the retirement that would be due to him, if he were retired due to permanent disability.

Cybersecurity in Chilean law: Status, challenges and projections

Bárbara Cortés Cabrera — 2025-07-06

The article analyzes the new regulatory context of cybersecurity in Chile, shaped by the recent publication of Laws No. 21,459, on cybercrime; No. 21,663, on the Cybersecurity and Critical Information Infrastructure Framework; and No. 21,719, on personal data protection, with a special focus on cybercrime. The hypothesis proposes that, despite the regulatory advances achieved in Chile, challenges remain to address the challenges of cyberspace and ensure a coordinated response. Through a qualitative approach, based on the critical analysis of national and international norms and specialized doctrines, the new regulatory framework is examined, aimed at building a safe cyberspace through the creation of a new institutional framework for data protection and cybersecurity, such as the incorporation of criminal figures contemplated in the Budapest Convention. Notwithstanding the significant progress made in the national cybersecurity ecosystem, there are still challenges such as regulatory dispersion and fragmentation, the incipient development of a coordinated institutional framework, a weak international cooperation strategy in the prosecution of cross-border crimes and the absence of emerging criminal offenses.

Free justice as a presupposition of access to justice

Hector Luiz Martins Figueira — 2025-07-06

The following work aims to unveil the criteria for granting free justice in the Brazilian legal system. Bearing in mind that there are no normative guidelines on how such a concession should be carried out, the research proposes to investigate in order to clarify possible paths that lead magistrates to grant or reject free justice to divide the population. It is also intended to observe how this impacts the process of granting access to justice and how the institution of free justice can encourage the resolution of conflicts in the Brazilian courts. The method applied is inductive in nature based on literature review research and specifications. The theoretical framework is represented by professor Mauro Cappeletti and his notable work on Access to Justice and professor Carlos Babo's book on Legal Assistance. The preliminary results of the research indicate that judges use an intimate and subjective truth to grant or reject gratuity, which promotes legal uncertainty in the justice system and prejudices the access to justice of several people, especially of under-sufficient jurisdictions who not provide proof of your vulnerability to cover the costs of a lawsuit.

The right to social security of trans people from the perspective of access to justice

Laís Lopes Francelino — 2025-07-06

The present work aims to discuss the realization of the right to social security for transgender individuals, especially whether the Judiciary serves as an instrument for enforcing this right. Despite being a social right, the right to social security, like other fundamental rights, has not reached the transgender population, either due to a lack of legal regulations on the subject or due to the marginalized situation faced by this segment of the population. In this context, adopting bibliographic research as methodological procedure through qualitative and descriptive research, general aspects of social security were addressed, including the binary gender system adopted in Brazil. Subsequently, it was found that there is a complete legislative omission on the subject, forcing individuals to resort to the Judiciary to obtain the recognition of their rights. However, it was noted that the difficulty of transgender individuals in accessing social security also arises from the context of marginalization in which they are inserted, which can be referred to as "uncivil civil society," where there is no access to justice. Thus, although the Judiciary is used as an instrument for enforcing rights, it was realized that resorting to it is not sufficient, including because the Judiciary itself presents serious deficiencies. Finally, possible ways to alleviate the problem were discussed, highlighting that the realization of the right to social security in the transgender population is not based on just one branch of government but rather requires multidisciplinary and mutual efforts.

The establishment of the initial age milestone for the recognition of the rural period

Carla Benedetti — 2025-07-06

The rural community has been the target of discriminatory treatment for an extended period, resulting in the deprivation of several of its social security rights. With the promulgation of the Federal Constitution of 1988 and the regulations established by Laws 8.212/91 and 8.213/91, the principle of equal treatment between urban and rural populations was established, providing guarantees of social security rights to the rural population. This is an area of debate that has emerged, concerning the initial age milestone for considering rural activity. This article proposes an analysis of the historical perspective of social security legislation applied to the rural population, investigates the imposition of a minimum age for the recognition of rural activity, as well as the evolution of jurisprudence and administration that, over time, has leaned towards allowing the acknowledgment of rural activity regardless of age. This change aims to ensure the protection of minors and fully guarantee their social security rights. We see that this reflects a significant advancement in equity and justice for the rural population.

The evolution of the European Union's electoral process: Analyzing its impact on supranational democracy

Sandra Alonso Tomé — 2025-07-06

This article examines the evolution of the European Union's electoral system and its impact on the democratic legitimacy of its institutions. The objective of the study is to analyze how electoral reforms have sought to balance the representation of Member States and strengthen democratic cohesion at the supranational level. The central hypothesis posits that, despite normative advances, tensions persist between Member States' autonomy and the need for harmonization, which affects the perception of democratic legitimacy. The study uses a theoretical-normative approach, based on the analysis of fundamental treaties, key directives, and the historical evolution of electoral law in the EU. Additionally, the challenges stemming from the implementation of these normative frameworks in the Member States are reviewed. The results indicate that, although progress has been made in principles such as degressive proportionality, the diversity of electoral systems remains an obstacle to harmonization, and low citizen participation continues to affect the perception of democratic legitimacy. The final considerations conclude that it is necessary to promote greater electoral participation and advance in the harmonization of practices among Member States to strengthen democratic legitimacy within the European Union.

Per relationem reasons for precautionary evidentiary measures in Brazil

Antonio Eduardo Ramires Santoro — 2025-07-06

The central objective of this article is to investigate the appropriate legal and dogmatic treatment of precautionary evidential measures, the nature of the judicial decisions handed down in this context, as well as the extent of the requirements for reasoning. The research problem to be addressed is: can the use of the technique of per relationem reasoning in judicial decisions handed down in the context of precautionary evidential measures in Brazil be considered valid in the face of criminal procedural guarantees? The original hypothesis is that the per relationem statement of reasons does not meet the constitutional requirement to give reasons for any and all judicial decisions. Exploratory bibliographical research was carried out on the approach to precautionary evidential measures and the requirement to give reasons for decisions, as well as qualitative documentary research, analyzing judgments from the Brazilian higher courts. It was concluded that in order for per relationem reasoning not to violate the constitutional guarantee, it is necessary to comply with specific requirements for decisions handed down in the context of precautionary evidentiary measures.

The regulatory framework for promoting culture within the context of public administration and the innovations introduced by Law 14,903, of June 27, 2024

Silvio Luís Ferreira da Rocha — 2025-07-06

Abstract: This article examines the innovations introduced by Law No. 14,903/2024, which establishes a regulatory framework for cultural promotion within Brazil's public administration. The primary objective is to evaluate the new legal instruments and cultural financing mechanisms designed to support cultural agents and their creative activities. The central hypothesis asserts that while the legislation modernizes the cultural promotion system, it also poses significant challenges in terms of oversight and accountability.

The methodology is grounded in documentary analysis, focusing on legal provisions and their practical applications. Notable instruments include the Cultural Execution Term, Cultural Award Term, and Cultural Grant Term, which enable direct financial transfers. Additionally, the study investigates terms for cultural occupation and cooperation that do not involve resource transfers.

The findings indicate substantial progress in democratizing access to resources and increasing flexibility in support mechanisms. However, the mitigation of control measures raises concerns, as it may allow for potential mismanagement of public funds. The article concludes that while the law introduces promising pathways for cultural promotion, its oversight mechanisms require further development to ensure the sustainability and integrity of cultural policy implementation.

The business management model of Brazilian justice and the goals of the National Council of Justice: A counterpoint to Martin Heidegger's calculating and meditative models

Dirce Nazare Andrade Ferreira — 2025-07-06

Research survey with systematic observation. Analysis of the goals of the CNJ in 2013. It also makes a bibliographic research of the CNJ’s goals from the intellection of Martin Heidegger. Examines modern society and your exact or calculative thinking an important form of numeric-based classification that nevertheless has an objectified representational form and may miss some important elements reviewed. Demonstrates from Heidegger's view that the goals of the CNJ or the logocentric thinking used unilaterally may have difficulty answering the complex demands of today's society. Proposes from Martin Heidegger, Gilles Deleuzes and Edgar Morin, the addition of reflective thinking to the calculated in a composite that could make the goals a smart convergence analysis of the legal labor thought about the society and complexities

New models for private pensions

Ana Paula Oriola de Raeffray — 2025-07-06

The study analyzes the crisis in pension systems to protect increasing longevity, indicating the unsustainability of official pension schemes when measures are adopted only to increase the retirement age and contributions. Based on this premise, new models for private pension plans are studied, indicating new arrangements that can offer lifelong income in old age, considering the increase in longevity experienced worldwide. The aim of this study is to analyze types of private pension plans already adopted by other countries, such as collective defined contribution plans and tontines, which aim to provide forms of lifetime benefits or the receipt of amounts when the resources of the defined contribution plans are exhausted due to the increase in the longevity of populations around the world. After analyzing these models, the means by which the regulation of private pension plans can contribute to social well-being and offer greater social protection in old age through new arrangements are indicated.

Penalty of fine for people in homeless situations: Need to re-signify the principle of proportionality in light of the principle of individualization of the penalty

José Marcos Lunardelli — 2025-07-06

This study analyzes the obstacles faced by the justice system when it is called upon to decide cases involving the imposition of fines on homeless people and the vulnerabilities and inequalities that affect them, emphasizing the need to adapt the application of criminal sanctions to the socioeconomic circumstances of those convicted. The research proposes a critical evaluation of both current legislation and contemporary judicial practices, supporting the thesis that fines are inapplicable to this vulnerable population. This position is supported by the principles of individualization and proportionality of punishment, as well as by the provisions of Resolution No. 425/2021 of the National Council of Justice (CNJ), by the individual Rights and Guarantees set out in Article 5 of the 1988 Federal Constitution, by Brazilian criminal and civil legislation, by the Universal Declaration of Human Rights of the United Nations (1949), as well as by the combined analysis of precedents from our Superior Courts, as will be highlighted throughout this study.

The principle of proportionality before the arduous ‘Sophie’s choice’ in judicial decisions

Arlete Inês Aurelli — 2025-08-15

As judicial decisions cannot be discretionary, the general objective of this essay is to identify the parameters to be adopted when the judge faces a dilemma that requires a ‘Sophie's choice’. It cannot be denied that the reasoning for judicial decisions must be supported by the Law, the facts brought to the judge, and also by the legal system. However, not always there are ready answers to all demands. In case of doubt, one can resort to the principles, which are member of the system. Among the principles that serve as a compass in the direction of choice, proportionality stands out. The specific objective of this study, therefore, is to recognize that the principle of proportionality corresponds to an effective way of resolving difficult conflicts. To this end, some methodological procedures were adopted: doctrinal analysis, in addition to the selection of practical cases. The bibliographical research method associated with the inductive and comparative methods allowed demonstrating that the principle of proportionality guides the judge in difficult judicial decisions. The research result highlights that the application of the principle of proportionality not only balances decisional limits, but also avoids excesses in decision making, so that when proceeding with ‘Sophie's choice’, it must be kept in mind that possible disadvantages caused by a decision can never outweigh the advantages achieved by it. As final considerations, it is recommended to adopt the principle of proportionality as an effective tool to overcome the intricate ‘Sophie’s choice’.

Progression of electoral competence in Latin America and rule of law: An exploratory analysis from the electoral, legislative and executive systems (2015–2023)

René Palacios Garita — 2025-07-06

Abstract. The evolution of electoral competence in Latin America is addressed, which has implied a progressive generation of electoral institutions with a constitutional nature, reflected in the creation of autonomous institutions, which underlines the importance of evaluating whether this progress has strengthened the rule of law in the region. The relationship between the advancement of the rule of law and the implementation of electoral competence is manifested in various institutions. It is from judicial to autonomous, for which analysis is carried out to better understand the similarities and differences between the political systems of the region, also related to the legislative systems and executive systems for a better understanding of this discernment. The methodology used combines a historical and comparative approach, using regressive diachrony, progressive diachrony and comparative systems analysis to provide a more complete understanding of how electoral competence interacts with institutions and how it relates to the rule of law. The results suggest a relationship between the rule of law and electoral competence, although they do not imply direct causality, offering clues for future research and highlighting the importance of the rule of law in strengthening electoral competence in Latin America.

Arendtian Zionism and the statelessness of the Jews at the Shoah

Desirée Puosso — 2025-07-06

The Jewish people were persecuted by the Nazi Reich as a result of an anti-Semitic sentiment that existed long before the Nazi regime. The climate of xenophobia and discrimination against everything that was considered different grew exponentially every day. Many groups persecuted during this period had their rights reduced to nothing, especially during the Nuremberg Laws. This body of law incorporated many of the racial theories based on the scientific racism of Nazi ideology. Arendt's perception of these historical events is indispensable for reflection on the subject and her critique of conservative political Zionism reflects a broader dilemma between nationalism and human rights. The author raises fundamental reflections on the paradox of national construction in the midst of exclusionary structures and the logic of state sovereignty. Arendt's conception and that of other equally important authors on Zionism, aligned with the idea of a binational state and a policy of multiethnic and multicultural cooperation, confronts the logic of traditional nationalism and exposes the weaknesses of nation-states in the universal guarantee of human rights.

The social security financing system – New challenges in the face of a technological society

Roberta Soares da Silva — 2025-07-06

This article analyzes the theory of social risk and its impact on the funding of the Social Security System in Brazil. The financing of social security requires planning in isolation, so that social security revenues become efficient in order to guarantee the ideals of social protection defined in the Federal Constitution: social security, assistance and health. The text emphasizes the importance of earmarking revenues from social contributions, which should be applied exclusively to Social Security, and defends new possible sources of funding for social protection systems in the face of social risk theory.

Tax transaction as a financial instrument to enable the state provision of social rights

Flávio Couto Bernardes — 2025-07-06

The purpose of this article is to address the relevance of the tax transaction institute as an instrument to increase public collection and implement social rights. After the Federal Constitution of 1988, the legislator created legal mechanisms to control public finances and budgets, but over time these control mechanisms were ingrained in the legal culture in such a way that they hindered the public administration to make use of existing legal means of conflict resolution such as the tax transaction to increase public revenues. The research method is hypothetical-deductive, centered on a qualitative approach, on bibliographic research carried out in books, periodicals and researches integrated to the theme. This study came to the conclusion that the Federal Union, after the Covid19 Pandemic, started to use the institute more frequently, but the States and Municipalities still resist based on the dogma of revenue waiver, so a change more intense in legislation is necessary to expand and improve the use of the tax transaction.

Unveiling restorative justice and its challenges: Implementation in the state of Goiás as a public policy for socio-educational assistance

Laysa Lorrane Santana Caixeta Florian — 2025-07-06

Restorative justice applied to adolescents in conflict with the law has been primarily led by the judiciary, constituting a judicial public policy. The overall objective of the research is to verify whether restorative practices are being developed in the state of Goiás within the realm of juvenile delinquency in the procedural phase. The research is quantitative, employing descriptive statistics to demonstrate the number of adolescents in conflict with the law apprehended in Goiás and the municipalities of Goiânia/GO and Luziânia/GO between 2016 and 2019. It is also qualitative, employing a case study with an analytical-descriptive approach through semi-structured interviews. One of the main findings indicates that restorative practices were not being implemented in the procedural phase at the Juvenile Court in Goiânia/GO in 2018, despite information to the contrary in the report titled "Piloting Restorative Justice" by the National Council of Justice. Another result of the research is that a restorative circle training course was conducted by the Court of Justice in Goiânia/GO at the end of 2019. During the period from 2016 to 2019, the only noteworthy experience in the state of Goiás was in the municipality of Luziânia/GO with institutionalized socio-educational participants.

The European citizen facing the current challenge of the implementation of e-government

Carlos Francisco Molina del Pozo — 2025-07-06

Electronic Administration involves the digitalization of government services, known as e-government, where online services and digital procedures streamline administrative processes. This transformation integrates digital technology into all areas of administration, enhancing efficiency and accessibility. Key aspects include cybersecurity measures to protect digital information and systems. EU Funds refer to financial support from the European Union, including grants and community programs, aimed at fostering economic and social cohesion through structural funds, Horizon Europe, and NextGenerationEU initiatives, including Artificial Intelligence (AI) which encompasses technologies like machine learning, algorithms, big data, automation, neural networks, and natural language processing, driving technological innovation. All of them must be ruled through the parameters of the Energy Efficiency focuses on sustainability through renewable energy, consumption reduction, smart buildings, green technologies, energy management, and adherence to environmental regulations. Those are need in order to achieve an implementation in UE of the Digital Society emphasizing connectivity, digital inclusion, and the digital economy, requiring robust IT infrastructure and digital skills to bridge the digital divide and support social transformation.