Cadernos do Programa de Pós-Graduação em Direito – PPGDir./UFRGS

ANTI-JURIDITY FROM THE FINALIST AND FUNCTIONALIST SYSTEM:

Demetrius Barreto Teixeira — 2024-12-31

O presente trabalho tem como objetivo examinar o projeto de lei 6125/2019^[1], projeto que estabelece normas aplicáveis aos militares em operações de Garantia da Lei e da Ordem e aos integrantes dos órgãos a que se refere o caput do art. 144 da Constituição e da Força Nacional de Segurança Pública, quando em apoio a operações de Garantia da Lei e da Ordem, à luz das teorias monistas e pluralistas de justificação da antijuridicidade nos sistemas finalistas e funcionalista sistêmico. O que se pretende é analisar, sob o enfoque dogmático-jurídico penal, a hipótese de exclusão de antijuridicidade prevista no projeto de lei, considerando, em especial, seu caráter ex ante, de fixação de injusta agressão, por meio de técnica legislativa presuntiva, no qual há claramente e definição de situação prospectiva e baseados em suspeita. A abordagem monista, diante de sua perspectiva profundamente fundada em ideais iluministas, de matriz contratualista, levaria necessariamente, na análise, à conclusão da teoria do “espaço imune ao direito” para explicar a presente hipótese de exclusão de antijuridicidade.

[1]PL6125/2019,in:https://www.camara.leg.br/proposicoesWeb/prop_mostrarintegra;jsessionid=68D314FE81F5499F0FC11C25D1FB8193.proposicoesWebExterno2?codteor=1836676&filename=PL+6125/2019, consultado em 24/11/2019, às 19:22

STATELESS PERSONS: INVISIBILITY DUE TO GENDER DISCRIMINATION AND THE SEARCH FOR RECOGNITION OF LEGAL PERSONALITY

Daniela Menengoti Ribeiro — 2024-12-31

The object of study of this article is the condition of stateless persons, which designates the person who is not considered as a national by any State. Faced with the absence of this legal and political bond that unites a person to the State, as a consequence, there is no recognition of legal personality. The problem to which this research seeks to respond is whether statelessness affects any group of people more strongly. The hypothesis is that the predominance of the patriarchal culture led to the production of laws that treat women unequally in terms of attributing the legal bond between the individual and the State. By making use of deductive reasoning, through a review of specialized, descriptive and exploratory literature, the study confirms the hypothesis raised and demonstrates that gender discrimination in laws represents a large part of statelessness situations in different territories.

A responsabilidade social corporativa como instrumento de ponderação da proteção do investidor estrangeiro nos tratados de investimentos brasileiros

Leonardo Vieira Arruda Achtschin — 2024-12-31

The structure of international investment law has been questioned. International investment treaties have been challenged due to the existence of an imbalance in the relationship between the investor and the state receiving the investment. In this context, corporate social responsibility (CSR) has emerged as an institute that seeks to encourage investors, through self-regulation, to contribute to the development of the host state. Although it is a process that depends on the investor's initiative, failure to comply with it can have effects on the investor's legal sphere. Therefore, the article's problem involves investigating the role of this institute as a vector for weighing up the protection afforded to foreign investors in the Cooperation and Facilitation Investment Agreements (CFIA). The aim is to demonstrate whether CSR, although a soft law, is capable of promoting a rebalancing of this relationship, through its application as an interpretive instrument in the dispute resolution system of the Brazilian model. The method used is qualitative-theoretical, through a literature review and qualitative analysis of Brazilian bilateral investment treaties. The final conclusion is that it is possible to apply corporate social responsibility as a mechanism for weighing up investor treatment standards in FTAs.

A culpabilidade das pessoas jurídicas

Marcos Poersch Zanovello — 2024-12-31

Given the complexity of the panorama of individual attribution to individuals, within the scope of corporate crime, as well as the political-criminal needs arising from this scenario, this article seeks to analyze possible ways to construct a concept of corporate culpability within the scope of Brazilian Criminal Law, with a view to providing the necessary theoretical-dogmatic support for imputing legal entities to be unfair. To this end, some of the most relevant doctrinal contributions were sought in foreign literature, with the aim of, based on them, thinking about the issue in the scenario of national positive law. The method adopted in the present investigation is legal-theoretical, seeking to emphasize the conceptual and doctrinal aspects of the chosen object, with a concern for practical applicability in the Brazilian context. The research technique, in turn, is bibliographic review.

Correlacionando práticas ESG com os direitos humanos trabalhistas

Drielli Serapião Afonso — 2024-12-31

Investing in ESG practices by establishing your own agenda and goals has been fundamental for companies today, regardless of size. The ESG concept is used to describe how much a company seeks ways to minimize its impacts on the environment, and how much it cares about the people around it and adopts good administrative processes. It is an investment focused on the environment, social and governance of the company. This article aims to demonstrate how companies' ESG strategies relate to the human rights of individual workers, in particular, with the right to an ecologically balanced environment. The method used was literature review, with the collection and analysis of information from several relevant sources. The results obtained indicate that ESG investments consider environmental, social and governance factors to evaluate investment risks and opportunities. Companies that implement ESG practices realize benefits such as an increasing quality environment, a better reputation, more investors, satisfied employees and performance finances. Thinking about the ESG agenda and labor relations in companies, S (Social) and G (Governance) have been evident when it comes to implementing and guaranteeing equal opportunities and reducing inequalities in results, through the elimination of policies and discriminatory practices and the promotion of appropriate legislation, policies and actions in this regard, in addition to occupational health and well-being programs. Occupational safety and health have an impact on five of the 17 UN Sustainable Development Goals (SDGs), which, in turn, are the basis of ESG and summarize the social, environmental and governance challenges that the planet faces.

THE DEJUDICIALIZATION AS A TOOL FOR MITIGATING JUDICIAL OVERLOAD AND ENSURING ACCESS TO JUSTICE AND THE PROTECTION OF PERSONALITY RIGHTS

Geovani Ramos Menezes — 2024-12-31

This article aims to examine the process of dejudicialization as a strategy to address the increasing overload afflicting the Brazilian judiciary system. The study seeks to analyze the effectiveness of this measure in promoting faster and less burdensome access to justice. It also explores the interrelationship between ensuring access to justice and the exponential growth of judicial demand, which underpins the critique presented in the title of the work. The impact of dejudicialization on the efficiency of the judicial system is assessed. The methodology employed is deductive, utilizing bibliographic and doctrinal analysis. The results indicate that dejudicialization is an undeniably relevant tool for mitigating the judiciary's overload, enabling a faster and more accessible response for citizens. However, remaining obstacles were identified even in procedures already subjected to dejudicialization. In conclusion, dejudicialization, in the current context, emerges as an indispensable mechanism to ensure the right of access to justice and to guarantee the realization of personality rights.

Prefácio

Carolina Pellegrini — 2024-12-31