Democratic Rights & Modern State

APAC method: an interpretation through the neoclassical natural law theory

2025-06-23T02:06:17-03:00

This research deals with the relationship between the Neoclassical Theory of Natural Law and the APAC method of criminal execution, to verify whether the Neoclassical Theory of Natural Law can philosophically support the APAC method. To this end, through a bibliographic review, we will first see what the Neoclassical Theory of Natural Law consists of and what its perspectives are regarding human rights and criminal execution. Then, we will analyze the works dedicated to the APAC method, with an emphasis on its twelve foundations and the so-called individualized treatment of the prisoner, in order to verify the relationship between the human dignity guaranteed by the APAC method, human flourishing (according to the Neoclassical Theory of Natural Law) and the ethical proposal presented by the APAC method to prisoners who are willing to follow it. Then, following the dialectical method, we will attempt to philosophically support the APAC method in the Neoclassical Theory of Natural Law. The research concludes that the Neoclassical Theory of Natural Law can support the practice of the APAC method, offering explanatory bases for the twelve foundations of the penal execution method and for the objectives of the APAC method in the fulfillment of the criminal sentence.

Effects of the request for suspension of security in tax matters

2025-06-27T11:56:40-03:00

The present work seeks to investigate the effects of the “request for suspension of security” in the establishment of tax credit. The request for suspension of security, as provided in Article 15 of Law No. 12,016/09, may be used by the Public Authorities to obtain judicial relief that substantiates the suspension of the execution of an injunction and of a judgment unfavorable to the government. In the context of tax law, the judicial decision, the execution of which will be the subject of a suspension request, may have been issued to determine the suspension of the enforceability of the tax credit. Without aiming to exhaust the topic, this paper will examine the impacts of granting the request for suspension of security in the establishment of tax credit through an interdisciplinary approach.

Editorial

2025-08-13T08:14:09-03:00

Editorial

The Book review - Preamble to the Federal Constitution (UJUCASP, 2021)

2025-08-16T17:29:41-03:00

Bringing together jurists and researchers from diverse fields, the book "The Preamble of the Federal Constitution”, seen from different perspectives, offers a robust overview of the nature, function, and hermeneutic force of the Preamble to the 1988 Constitution. The collection examines the axiological content of the preamble, its relationship to state secularism, religious freedom, and fraternity as a constitutional principle, as well as specific areas such as canon law, public law, and education. Some studies argue that the Preamble integrates the Constitution as an interpretative guideline endowed with normative depth; others emphasize its historical-cultural dimension, notably the invocation "under the protection of God," without this converting the State into a confessional state. The articles engage with Supreme Federal Court case law, records of the National Constituent Assembly, and preambles of foreign constitutions, composing a comparative mosaic. The collection stands out for its methodological plurality and its effort to articulate values such as dignity, justice, the common good, peace, and fraternity-all announced at the outset of the 1988 Constitution-with concrete problems of constitutional interpretation. As a contribution, the book strengthens the understanding of the Preamble as the “ground zero” of Basic Law and as a key to a systematic reading of the legal system, without losing sight of the civilizing pact expressed by the constituents. The work is of interest to constitutionalists, legal historians, and legal practitioners who deal with conflicting principles, religious freedom, public policies, and rights education.

The hermeneutical review by inverse autopoiesis of the concept of unhealthy work additional at the maximum degree of Precedent 448 of the TST in the face of the Theme 1.076 of the STF

2025-06-20T11:35:55-03:00

The Precedent 448 of the TST deals with the maximum degree of unhealthiness observed in the environment of cleaning toilets, since notices a “large circulation of users”. According to the Precedent, the maximum degree of unhealthiness would prevail, regardless of the provisions of the Collective Agreement of the Category or any expert assessment carried out by a union entity, and its relevance to the debate was set aside. Thus, the importance of a analysis according to the CCT rule was excluded, given the imposition of the Precedent. However, there was an internal circumstantial change in the system, since the pressure of this hypothesis of analysis of unhealthiness, according to the definition of the CCT, an occurrence “hanging by exclusion, but still within the system itself”, gave rise to the issue in the STF (Precedent 1.046) that once again called into question the absolute prevalence of the summary understanding. The phenomenon observed is an inverse autopoiesis, since, normally, the change in the system occurs due to frictions in the environment, arising from expectations of other systems. But in this situation, the opposite is observed: the occurrence excluded from the main mechanism, without a function, but from within the system itself, is what pressed its edges, providing shelter for changes in the legal subsystem.

Democratic rights and modern State

2025-05-07T15:47:54-03:00

The purpose of this study is to conduct a critical analysis of the importance of recognizing the validity of collective agreements that limit or waive certain rights, based on the Brazilian Supreme Court's decision on Topic No. 1,046 of General Repercussion. These agreements should, however, be properly adjusted to the particularities of each individual case. In order to approach this objective, we will use the hypothetical-deductive method, primarily analyzing a specific hypothetical formulation to determine whether the Supreme Court’s Topic No. 1,046 should, in every situation, legitimize the unrestricted application of collective labor agreements, even when such application results in undue restriction of labor rights, due to a clear alteration of the factual reality. Such a situation, if realized, could lead to contradictory behavior and be incompatible with the principles of the Democratic Rule of Law and other constitutional principles that protect workers' dignity in the modern state. Given that doctrinal and jurisprudential development on this subject is still ongoing, as it is a relatively new issue, this study does not aim to exhaust the matter. Instead, through jurisprudential research, it seeks to provide greater familiarity and encourage further reflection on a topic that, despite being widely debated today, has not yet been extensively studied.

Requirement for proving the period of stay abroad for the recognition of stricto sensu postgraduate diplomas issued by foreign universities

2025-02-03T17:59:18-03:00

The recognition of stricto sensu postgraduate diplomas (Master's and Doctorate) obtained from foreign universities is a fundamental procedure for professionals to fully exercise their qualifications in Brazil, whether in academia or in the job market. This process, regulated by Brazilian educational bodies, aims to ensure the equivalence and quality of foreign education in relation to national standards. Among the various requirements demanded for the processing of the recognition request, the proof of the period of stay abroad during the course stands out as a crucial element. This article aims to explore in depth the importance and the means of proving this period, offering a complete overview of the topic. In the context of the globalization of higher education, academic mobility has become increasingly relevant. Consequently, the number of professionals seeking to pursue stricto sensu postgraduate studies (Master's and Doctorate) at foreign universities is growing, aiming to enrich their academic education and broaden their professional prospects. However, for these diplomas to be officially recognized in Brazil, it is necessary for the stay abroad to be duly proven, respecting the regulations established by the Ministry of Education (MEC) and the Coordination for the Improvement of Higher Education Personnel (CAPES). This article addresses the requirements and the importance of proving the period of stay abroad for the recognition of stricto sensu postgraduate diplomas issued by foreign universities (art. 20, paragraph 4, VII of Resolution CNE/CES n. 2 of December 19, 2024), in addition to examining the role of Brazilian institutions in this process.

Structural process in brazilian law

2025-08-15T11:56:27-03:00

This research aims to analyze the concept, function, and historical motivations of the structural process and its relationship with the growing complexity of legal demands, especially regarding the protection of fundamental rights. The 1988 Federal Constitution is highlighted as a key milestone in the evolution of Brazilian law, as it includes social and collective rights as fundamental rights. Consequently, it is observed that the traditional procedural model has proven inadequate in ensuring the effective implementation of these rights. The inability of the conventional collective process to address the complexity of contemporary litigation is one of the identified issues, leading to the need for improving mechanisms for judicial processing and resolution under a new perception of judicial protagonism and appropriate means. Following an analytical methodology and literature review, this article concludes that the structural process in Brazil faces various challenges and has become essential for the enforcement of fundamental rights in highly complex situations.

Revisiting the cordial man

2025-08-15T19:19:27-03:00

This article aims to carry out a critical analysis of the concept of the cordial man by Sérgio Buarque de Holanda, as presented in his work Raízes do Brasil. Initially, the text explores the concept of a cordial man, which refers to the figure of a Brazilian characterized by cordiality in social relations, but who, at the same time, carries a trait of submission, resulting from Portuguese cultural heritage. This concept, according to the author, would be at the root of corrupt practices in Brazilian politics, where voters and politicians share mutual responsibility for corruption. By associating corruption with the poorest population, predominantly made up of black and mixed-race people, the concept of the cordial man obscures the broader dimensions of racism in Brazil, making invisible the role of elites and businesspeople in maintaining structures of power and oppression. Disguised racial racism thus becomes a form of hidden segregation, validated by the social construction itself that marginalizes certain groups in the name of "cordiality". The cordial man not only diverts attention from the responsibilities of the elites but also perpetuates a distorted view of Brazilian social reality, hiding structural racism and its disguised forms. To carry out this study, the hypothetical-deductive approach method was adopted, which allows starting from situations previously formulated and tested through a critical analysis of existing literature. Bibliographical research is used as the main research technique, enabling a grounded and contextualized reflection on the issues raised.

Intersectional violence

2025-08-16T11:05:14-03:00

This article explores the Link Theory, which posits a significant correlation between animal cruelty and various forms of interpersonal violence, including domestic abuse, child maltreatment, and other violent crimes. Grounded in the work of Dr. Frank R. Ascione and recognized by institutions such as the FBI, the theory asserts that mistreatment of animals often precedes, coexists with, or signals violent behavior toward humans. Relevant data, including findings from the Military Police of São Paulo State, reveal recurrent patterns in both urban and rural contexts, showing a clear connection between domestic violence and animal abuse. One alarming statistic indicates that approximately 50% of women experiencing domestic violence report that their abusers have threatened, injured, or killed their companion animals as a form of emotional control. This analysis underscores the urgency of integrated actions, including humane education, public awareness, primary prevention policies, and the strengthening of multidisciplinary approaches. The methodology is based on a theoretical-reflective approach, supported by an interdisciplinary literature review that includes references from the fields of Law, Psychology, Veterinary Medicine, and Social Sciences, to understand the correlations between interpersonal violence and cruelty to animals. Understanding the link between violence against animals and interpersonal violence is essential to disrupting cycles of abuse and fostering a culture of peace and respect for all forms of life.

Democratic and participatory management in the light of educational law

2025-08-16T11:06:38-03:00

This article analyzes the relationship between democratic management and inclusive education within the context of Brazilian educational law, highlighting the structural and normative challenges that hinder the effective implementation of these principles in educational institutions. The study is qualitative in nature, with an exploratory‑descriptive design, based on documentary analysis of legislative frameworks, prevailing jurisprudence from higher courts, and case studies on participatory practices in public school systems. The premise is that there is a discrepancy between legal provisions that ensure equality, inclusion, and participation and practical reality, characterized by school dropout, exclusion of vulnerable groups, and unequal resource distribution. The aim is to investigate how democratic management can serve as a tool for the realization of fundamental rights in the educational environment, promoting more equitable and participatory teaching. The results indicate that, despite legislative advances, the implementation of democratic management still faces obstacles such as insufficient investment, cultural barriers, and gaps in the continuing education of educators. Successful experiences demonstrate that mechanisms such as strengthening School Councils, adopting participatory budgeting, and expanding community participation are essential for building a more equitable and inclusive educational system. The originality of the study lies in the articulation between theory and practice in the field of Educational Law, presenting concrete solutions to overcome historical challenges and contributing to the consolidation of education as a fundamental right accessible to all.

Validity of the Commissioning Certificates of Temporary Officers of the Armed Forces – legal issues pertaining to the art. 2nd, paragraph one of one, section II, of the Decree Nº 12.375, of february 5TH, 2025

2025-07-07T17:57:34-03:00

Article 2, Paragraph one of one, Section II, of Decree Nº. 12.375/2025, by stipulating that the commissioning certificates of temporary officers of the Armed Forces are valid solely “while they remain on active duty”, is simultaneously unconstitutional, as it exceeds the boundaries of regulatory authority (cf. Article 84, IV, of the Federal Constitution) and conflicts with the provisions of Articles 142, § 3, I, VI, and VII, of the Federal Constitution. Furthermore, it is unlawful, as it contravenes Article 19, caput and §§ 1 and 2, of Law Nº. 5.821/1972, as well as Article 16, caput and § 1, of Law Nº. 6.880/1980.