ESMAT Magazine is an interdisciplinary scientific periodic, edited by School of Judges of Tocantins,body of the Court of Law of Tocantins. The first edition was published in 2009 and, since 2013, the periodicity is biannual. The continuous search for the periodic improvement and the Capes goals compliance enabled the Magazine framework in the Qualis B1 stratum. However, the School aims to leverage even more the quality and publications excellence. Members of national and international institutions compose the Editorial Council, being the referees list compound by masters and doctors, preferably selected according to the thematic area of the evaluated articles. The evaluation system meets the criteria required for scientific magazines, being adopted the Double-blind peer review. Since 2016, the Magazine is bounded to the Professional and Interdisciplinary Master Program in Judicial Assistance and Human Rights, performed by Federal University of Tocantins (UFT), together with School of Judges of Tocantins (ESMAT). The publication goal is being a motivator instrument for the knowledge diffusion produced by magistrates, servers, students, professors, lawyers, Service Prosection servers and other members of the judicial community, in other words, a vehicle for the continuous improvement of the Law discussions, in a way to stimulate the academic and scientific debate.
ESCOLA SUPERIOR DA MAGISTRATURA TOCANTINENSE - ESMAT
O autor concede a autorização de publicação do artigo doutrinário na Revista ESMAT e em sua versão eletrônica, caso seja aprovado pela Comissão Editorial. Os artigos publicados e as referências citadas na Revista ESMAT são de inteira responsabilidade de seus autores. O autor se compromete ainda a identificar e creditar todos os dados, imagens e referências. Deve também declarar que os materiais apresentados estão livres de direito de autor, não cabendo, portanto, à Revista ESMAT e a seus editores, quaisquer responsabilidades jurídicas.
TRANSITIONAL JUSTICE AND VICTIMS’ RIGHTS
This research analyzes transitional justice with regard to the rights of victims. It also examines alternative mechanisms to criminal justice and highlights the importance of truth commissions, recognizing the significant role these elements play in processes of reparation. In this context, transitional processes encompass different legal, political, and social mechanisms. Therefore, the analysis does not focus solely on the criminal prosecution of those responsible for the acts, but also addresses the rights of victims, which must be fulfilled through mechanisms that complement judicial processes, whether at the national or international level. This approach is particularly relevant in situations involving armed conflicts and massive and systematic violations of human rights. Furthermore, the study draws upon the theory of distributive justice, the contractualist tradition associated with Aristotle, and the more recent neocontractualist perspective represented by John Rawls in A Theory of Justice (1971). Within this transitional framework, the research questions whether it is possible to resort to the distribution of justice as a bridge to transitional justice, and whether one is sufficient without the other, or whether transitional justice would be more viable without resorting to contractualist theories.
Copyright (c) 2026 Eyder Bolívar Mojica, Jorge Barroso González, Sara Alejandra Guerrero Bolívar https://creativecommons.org/licenses/by/4.0
ENVIRONMENTAL SUSTAINABILITY IN PUBLIC ADMINISTRATION: ETHICS AND EDUCATION AS FOUNDATIONS FOR SOCIAL TRANSFORMATION
Public Administration is responsible for managing the State's actions to meet social demands, promoting inclusion, protection of rights and sustainable development. Ethics is fundamental in this process, guaranteeing transparent and fair decisions by public managers, creating trust between the State and society. Despite the robust legal framework, ethical practice faces challenges, especially in relation to environmental sustainability. The Environmental Agenda in Public Administration (A3P) and the UN Sustainable Development Goals (SDGs) emphasize the relevance of environmental education as an instrument for social transformation and the incorporation of ESG (environmental, social and governance) principles can promote awareness of the need for effective actions. Research reveals that education is essential to strengthen ethics and promote sustainability.
Copyright (c) 2026 Andréia Gomes da Silva, Roberta do Nascimento Silva de Castro, Murilo Chaves Vilarinho https://creativecommons.org/licenses/by/4.0
GENOCIDE IN AFRICAN ETHNIC CONFLICTS: THE ROLE OF THE INTERNATIONAL CRIMINAL COURT IN CRIMINAL ACCOUNTABILITY IN RWANDA AND SOUTH SUDAN
This article investigates the effectiveness of International Criminal Law in holding political leaders accountable for genocide in the African continent, establishing a comparative analysis between the performance of the International Criminal Tribunal for Rwanda (ICTR) and the contemporary intervention of the International Criminal Court (ICC) in the South Sudan conflict. Through a legal-sociological approach and comparative method, it examines how the principle of complementarity and the legal definition of genocide (Article 6 of the Rome Statute) interact with state sovereignties in fragile post-colonial contexts. The study reveals that while the ICTR succeeded in creating pioneering jurisprudence and convicting high-ranking officials, the current architecture of international justice faces severe obstacles in South Sudan, marked by political resistance and the complexity of applying the penal type of genocide in fragmented civil wars. It is concluded that effective accountability depends not only on supranational judicial mechanisms but on a reform that integrates regional justice systems, such as the proposed African Court of Justice and Human Rights.
Copyright (c) 2026 Almir Santos Reis Junior, Grácio Carlos José Muchanga https://creativecommons.org/licenses/by/4.0
HATE CRIME AGAINST PEOPLE WITH DISABILITIES: A LEGAL AND SOCIOLOGICAL ANALYSIS OF THE CASE OF ‘VAQUEIRINHO,’ AN INTELLECTUALLY DISABLED PERSON KILLED BY A LIONESS IN THE ZOO
This study examines the case of “Vaqueirinho,” a young person with intellectual disability and severe mental suffering, who was killed by a lion at the Arruda Câmara Zoobotanical Park in João Pessoa, highlighting structural failures in public protection, mental health, and social inclusion policies. The objective is to understand how experiences of abandonment, hunger, abuse, and lack of institutional support constitute ongoing violations of rights guaranteed by the Brazilian Child and Adolescent Statute and the Statute of Persons with Disabilities. The methodology involves documentary analysis, literature review, and application of theoretical frameworks from Michel Foucault, Martha Nussbaum, Erving Goffman, and Boaventura de Sousa Santos, addressing disciplinary devices, criminalizing stigmas, and exclusionary practices that limit human dignity and capacities. The findings indicate that the zoo tragedy was not an isolated accident, but a predictable outcome of state negligence in site security and societal reactions that normalize violence against vulnerable individuals. The study concludes that the event reflects collective harm, legal and moral responsibility of the State, and underscores the urgent need for comprehensive care policies, effective protection, and institutional accountability.
Copyright (c) 2026 Gabriela Henriques Araújo, Marcelo Gomes Franco Grillo, Poliana Maia Paiva https://creativecommons.org/licenses/by/4.0
NORMATIVE SELECTIVITY ON THE RUNWAY: THE FRENCH “ANTI-FAST FASHION” LAW, CONSUMER RIGHTS, AND THE STRUCTURAL OMISSION OF HAUTE COUTURE AS AN ENVIRONMENTAL ISSUE
This article examines the fashion industry, highlighting its social, cultural, and environmental dimensions, marked by rapid consumption and disposability. The focus lies on the French “anti-fast fashion” legislation, which imposes disclosure duties, advertising restrictions, and environmental fees on ultra-fast fashion platforms such as Shein and Temu. The research problem investigates whether the law effectively protects the environment or, by centering on consumption, shifts responsibility onto lower-income consumers while neglecting the systemic impacts of haute couture. The hypothesis maintains that, although symbolically significant, the regulation is selective and partial. The objective is to critically assess the law in light of Consumer Law and Environmental Law. The method adopted is analytical-deductive, based on a bibliographic review of relevant literature concerning fashion and its intersections with Environmental and Consumer Law, and, specifically, of the recent French legislation on fast fashion. The article is structured in two parts: the first examines the environmental impacts of fashion associated with ultra-fast production and France’s new regulation; the second addresses the contradictions of haute couture. The conclusion is that, although the legislation represents progress in addressing fast fashion, it remains structurally limited: it acts on symptoms, while haute couture and its externalities, including carbon footprint and controversial practices, remain largely untouched, thereby revealing regulatory inequality and accountability gaps.
Copyright (c) 2026 Natália Bossle Demori, Alexandre Cortez Fernandes https://creativecommons.org/licenses/by/4.0
BETWEEN CAGES AND QUARANTINES: POST-PANDEMIC REFLECTIONS FOR AN ECOCENTRIC AND SUSTAINABLE ENVIRONMENTAL LAW
This article analyzes the captivity of wild animals through the lens of the restrictions on human freedom experienced during the COVID-19 pandemic. The analogy highlights ethical and legal asymmetries in the treatment of sentient beings, based on qualitative, bibliographic, and documentary research. The legal status of Brazilian wildlife is examined, confronting anthropocentric logic with scientific advances on sentience, while also demonstrating the incompatibility between animal exploitation, tourism, and ESG criteria. An ecocentric environmental hermeneutic is proposed, recognizing the intrinsic value of non-human life and the transition of animals toward the status of subjects of rights. The article concludes that overcoming the anthropocentric paradigm is an ethical and civilizational imperative for the effective protection of wildlife.
Copyright (c) 2026 Fernanda Furlan Giotti, Geovana Paraíba Brum, Paulyne Jappe Dorneles https://creativecommons.org/licenses/by/4.0
A DISCONNECTED MACHINE: REPATRIATION OF CULTURAL PROPERTY AND THE ABSENCE OF COORDINATED INSTITUTIONAL FLOW BETWEEN BRAZILIAN PUBLIC AGENCIES
This study seeks to examine the extent to which the absence of a coordinated institutional workflow undermines the effectiveness of cultural-property repatriation procedures in Brazil. Employing a hypothetico-deductive method, it analyses the Brazilian legal and organisational framework, maps the competences of bodies such as IPHAN, IBAMA, FUNAI, IBRAM, the Ministry of Mines and Energy (MME) and the Ministry of Foreign Affairs (MRE), and compares national practice with the French model, which devotes a specific chapter of its Heritage Code to restitution. The findings show that the State’s fragmented action and the dispersal of responsibilities, compounded by the complexity of Brazil’s public administration, generate parallel efforts, gaps and reliance on ad hoc arrangements to recover heritage assets, as illustrated by the Musée de Lille case. The study concludes that the absence of a cohesive institutional structure and a single normative instrument impairs Brazil’s capacity to claim and safeguard its heritage, thereby jeopardising cultural sovereignty, the right to memory and the country’s international credibility.
Copyright (c) 2026 Isabella Marques de Oliveira, Francieli Korquievicz Morbini, Francislainy Korquievicz https://creativecommons.org/licenses/by/4.0
THE THE UNCONSTITUTIONAL STATE OF AFFAIRS IN ADPF 347 AND THE PENA JUSTA PLAN:
This article aims to analyze the Unconstitutional State of Affairs within the Brazilian prison system, as recognized by the Federal Supreme Court in ADPF filed by PSOL. The recognition was based on the systematic violations of the fundamental rights of incarcerated individuals, resulting from the lack of effective public policies and the poor management of correctional facilities. Accordingly, this study is developed through the analysis of the Unconstitutional State of Affairs in the Brazilian penitentiary system, grounded in STF’s decision in ADPF 347, and the effects of the Pena Justa Plan implemented by CNJ, particularly concerning the enforcement of fundamental rights of prisoners, notably the rights to human dignity, health, and physical and psychological integrity. A qualitative approach was adopted, based on bibliographic research on the subject, aiming to identify the context that led to the recognition of the Unconstitutional State of Affairs in the Brazilian prison system, the fundamental rights violated, and the practical impacts of Pena Justa Plan.
Copyright (c) 2026 Keciane Lima de Oliveira, Lilian de Freitas Pinheiro, Marcus Mauricius Holanda, Wuldson Sousa Santos https://creativecommons.org/licenses/by/4.0
A NECESSÁRIA ABOLIÇÃO DO MANICÔMIO NO SISTEMA DE JUSTIÇA CRIMINAL DE SEGURANÇA
This article proposes a critique of the persistence of the judicial asylum, despite the formal abolition of psychiatric hospitals by the Basaglia Law (Law No. 180/78) in Italy and Law No. 10,216/01 in Brazil, maintaining a hospital-centric and danger-oriented logic only for the criminally insane. It questions how the criminal justice system, both in Brazil and Italy, has been used to sustain the asylum model, despite its abolition by anti-asylum legislation, and why its overcoming is so necessary and urgent. The research, based on bibliographic review and documentary analysis, shows that legislative silence and the criminal justice system's resistance to recognizing the applicability of the Anti-Asylum Law to individuals with mental suffering in conflict with the law have perpetuated illegitimate internments and human rights violations.
Copyright (c) 2026 Hermínia Ferreira de Carvalho, André Peixoto de Souza https://creativecommons.org/licenses/by/4.0
THE LABORATORY OF HUMAN RIGHTS, GENDER AND SEXUALITY
The investigation will make visible the actions and strategies of the Laboratory of Human Rights, Gender and Sexuality (LADIHGES) of the Federal University of Roraima in the areas of gender, sexuality and Human Rights, to sensitize students, teachers and society in Boa Vista about these topics of global relevance. Due to the different cases of violence against women and the LGBT+ community (lesbians, gays, bisexuals, transgenders, etc.) in Boa Vista. As an alternative to the modification of realities, the creation of the Laboratory was implemented to be a reference space for the study of themes related to the episodes of prejudice and discrimination that dominate this location, in the extreme north of the country. With this conflictive situation, the article will present an analytical research structure and will analyze, through the exploratory bibliographic method, the importance of LADIHGES for the sensitization of Roraima society about the themes. The study will seek to answer the following question: How can a Laboratory impact as an agent of change in the contest of disrespect for Human Rights in the state of Roraima? The investigation concludes that there is a need to produce new studies on the theme of this article to foster dialogue in the academic and scientific spheres of issues that deal with Human Rights, gender and sexuality in Boa Vista, since inequalities exclude and social participation people in themes of gender, their identities and sexualities in Roraima.
Copyright (c) 2026 Douglas Verbicaro Soares https://creativecommons.org/licenses/by/4.0
GLOBAL AND LOCAL CLIMATE IMPACTS AND THEIR LEGAL IMPLICATIONS: AN ANALYSIS OF THE 2024 TRAGEDY IN THE TAQUARI- ANTAS WATERSHED
Extreme weather events have intensified globally, posing significant challenges to the adaptive capacity of states. Under the Paris Agreement, Brazil has committed to strengthening climate resilience and reducing socio-environmental vulnerabilities. This study examines the cross-cutting impacts of climate change on a global and local scale, with an emphasis on the 2024 disaster that affected the Taquari-Antas Basin in Rio Grande do Sul. The methodology is qualitative, based on the analysis of international documents, particularly from the IPCC and the World Meteorological Organization, as well as institutional reports related to regional impacts. The results indicate the increasing severity of climate-related effects, such as rising temperatures, extreme events, environmental losses, food insecurity, and forced displacement. At the local level, the 2024 disaster resulted in 184 deaths, widespread economic losses, severe damage to agriculture and livestock, increased health risks, and destruction of homes. These impacts highlight structural vulnerabilities and raise important legal implications, including the advancement of climate litigation. Of particular note is the Taquari-Antas Public Civil Action, which seeks recognition of state responsibility for damages resulting from the extreme event and the fulfillment of constitutional duties of environmental protection and risk management. It can be concluded that the regional crisis reflects the materialization of global risks associated with climate change and reinforces the need to improve public policies, legal instruments, and governance structures to address recurring climate emergency scenarios.
Copyright (c) 2026 Deise Cristiane Maier, Talissa Truccolo Reato https://creativecommons.org/licenses/by/4.0
LEGAL CONTROL OF CREDIT ADVERSITING: A NECESSARY EXPANSION TO PREVENT OVER-INDEBTEDENSS
This analysis aims to explore the possibility of expanding legal control over credit advertising as a means of establishing a culture of prevention against over-indebtedness. Despite the recent update to the Consumer Protection Code, brought about by the publication of Law 14,181/2021, known as the Over-Indebtedness Law, there has been no significant change that could curb the actions of financial institutions in addressing over-indebted customers, thereby perpetuating a culture of treatment at the expense of problem prevention. Additionally, self-regulation of advertising practices has proven insufficient for adequate prevention and is rarely accessed by consumers to report frequent abuses. Considering the active and aggressive stance of financial institutions in offering credit as a key factor in the growing indebted population, this article seeks to identify the potential for increasing legislation, justified by the harmful effects of abusive credit advertising and its contribution to over-indebtedness.
Copyright (c) 2026 Ricardo Rocha Leite https://creativecommons.org/licenses/by/4.0
ALGORITHMIC GOVERNANCE DATA PROTECTION IN THE JUSTICE SYSTEM
The paper examine data protection in Brazilian justice system under the hypothesis that the effectiveness of this fundamental right depends on a robust model of algorithmic governance, especially in the context of artificial intelligence expansion and the risks posed by “weapons of math destruction” in consumer relations and judicial activity. It analyzes the LGPD in dialogue with Consumer Law and Economic Constitucional Law, emphasizing human dignity, risk-based regulation and the institutional roles of controller, processor, data protection officer and the Nacional Data Protection Authority. Methodologically, it adopts an interdisciplinary approach, combining deductive-inductive reasorning with critical theory and Adorno’s negative dialectics, and connects theoretical reflection with empirical cases involving digital fraud, recent case law and sectoral regulation by BACEN, CNJ, the LGPD and the Digital Goverment Law. The study explores algorithmic governance in the Judiciary, focusing on AI risk categorization, impact assessments and structural challenges faced by judicial data protection officers. It concludes that responsible algorithmic governance requires network-based structures, transparency, diverity, continuos audits and preservation of judicial independence, so that automation expands access to justice without reinforcing inequalities. The work advocates a data protectios model grounded in a culture of compliance, redress for digital harms and the subordination of algorithms to the constitutional values of the Democratic Rule of Law.
Copyright (c) 2026 Flávia Cristina Zuza https://creativecommons.org/licenses/by/4.0
CRITICISM OF THE INTERPRETATION OF CULTURAL ASSUMPTIONS OF THE ETHICS OF PRECEDENTS
Is it possible to explain the problems of the Brazilian justice system, especially the supposed irrationality and unpredictability of its decisions, based on the culture of patrimonialism and personalism characteristic of the “cordial man”? This article investigates this question. It hypothesizes that it is flawed. Questioning the comparison between the genesis of modern capitalism, based on Protestant ethics, and the Brazilian social, political, and economic experience, based on personalist and patrimonialist relations, the article argues that structural inequality and the condition of sub-citizenship in Brazil's selective peripheral modernization are the cause of the justice system's problems.
Copyright (c) 2026 Marcos Augusto Maliska, Wilson Calmon Alves Filho https://creativecommons.org/licenses/by/4.0
PANCASILA COMO VISÃO POLÍTICA DA INDONÉSIA SOBRE AS NORMAS JURÍDICAS INTERNACIONAIS
No sistema constitucional indonésio, Pancasila tornou-se a base filosófica e ideológica do Estado na determinação de opiniões políticas e orientações políticas que afetam vários aspectos da vida. Neste estudo, o investigador pretende analisar como Pancasila influencia as atitudes e políticas da Indonésia na implementação de normas jurídicas internacionais (jus cogens). Além disso, também examina como Pancasila pode ser um modelo alternativo no desenvolvimento de normas jurídicas internacionais que sejam mais inclusivas e orientadas para o bem-estar comum. Esta investigação utiliza uma abordagem conceptual, examinando o papel de Pancasila na diplomacia internacional da Indonésia, bem como a sua contribuição para a formação de princípios jurídicos internacionais que sejam justos, equilibrados e de acordo com os valores humanos. Os resultados mostram que Pancasila, com os seus cinco pilares, proporciona uma base ética sólida para a Indonésia enfrentar desafios globais, lutar pela justiça e promover a paz internacional. Além disso, Pancasila serve de orientação nos esforços da Indonésia para defender a soberania do Estado, ao mesmo tempo que permanece activa na cooperação internacional.
Copyright (c) 2025 ESMAT Magazine https://creativecommons.org/licenses/by-nc/4.0
PRINCIPIOS GENERALMENTE RECONOCIDOS DEL DERECHO INTERNACIONAL Y NUEVOS RETOS: EL CASO DE LAS TECNOLOGÍAS MÉDICAS CONTEMPORÁNEAS
Las nuevas tecnologías médicas avanzan imparables, concretamente la medicina 4P. Sin embargo, este rápido progreso provoca fricciones con los principios del derecho internacional. Los autores proponen que, debido a la inmutabilidad de los principios generales del derecho, es esencial que estos principios se actualicen para que puedan adaptarse a la nueva realidad y a los avances de la medicina 4P.
BETWEEN LEGAL NORMS AND ARGUMENTATION: THE THEORETICAL DIMENSION IN JUDICIAL DECISIONS
This article analyzes, from a qualitative approach, the evolution of Paraguayan jurisprudence from a theoretical and practical perspective, focusing on the transition from normative positivism to more argumentative interpretive models oriented toward legal principles. The main objective is to analyze the evolution of judicial practice toward argumentative justice based on principles, axiological weighing, and practical rationality. This objective is achieved through selected paradigmatic rulings of the Supreme Court of Justice, which examine how judges have begun to incorporate axiological and constitutional grounds into their decisions, moving beyond the mere mechanical application of the law by integrating contemporary theoretical foundations such as neoconstitutionalism, garantismo, Robert Alexy's theory of principles, and legal realism. The study of paradigmatic cases shows the construction of a more rights-based legal culture oriented toward substantive justice, where judicial decisions are based on judicial reasoning, coherent motivation, and the protection of fundamental rights. It concludes that Paraguayan jurisprudence is undergoing a process of transformation and consolidation toward a more rational, argumentative judicial interpretation committed to fundamental rights.
BANKING FRAUD AND DIGITAL SCAMS AS OBSTACLES TO BRICS DEVELOPMENT: CIVIL LAW ANALYSIS OF LEGAL SECURITY IN CROSS-BORDER TRANSACTIONS
This article analyzes the impact of banking fraud and digital scams on the economic development of BRICS countries (Brazil, Russia, India, China, and South Africa) from a civil law perspective of civil liability and legal security in cross-border transactions. The research examines how systemic legal insecurity arising from these illicit acts aﬀects contractual conﬁdence and investment ﬂows between bloc countries. Using qualitative methodology and documentary analysis, the study investigates emergency regulatory measures adopted by Brazil's Central Bank in September 2025 as a paradigmatic example of digital insecurity's economic costs. The work proposes innovative solutions, including the creation of a BRICS Digital Passport, specialized Digital Courts, and a Reputation Blockchain system for legal harmonization and economic cooperation strengthening. Results demonstrate that normative fragmentation among BRICS legal systems generates costs exceeding 180 billion dollars annually in lost transactions, reducing joint GDP by up to 2.3% per year. The conclusion is that implementing a common legal framework for digital transactions is essential for the bloc's sustainable development and global competitiveness.
DIGITAL TRANSFORMATION, OPEN INNOVATION AND DYNAMIC CAPABILITIES THEORY: PROPOSAL OF A DIGITAL MATURITY DIAGNOSTIC MODEL FOR A PUBLIC ORGANIZATION
This study examines the relevance of open innovation and dynamic capabilities theory in assessing and enhancing digital transformation in the public sector. The main objective is to develop a digital maturity diagnostic model grounded in these concepts, enabling organizations to evaluate their practices and implement improvements. The research employs a mixed bibliographic review methodology, supported by artificial intelligence tools for organizing and analyzing studies. The proposed model incorporates a questionnaire and a visual framework to support the evaluation and interpretation of digital maturity. The expected contribution is to foster innovation and organizational transformation in public administration within a dynamic environment marked by disruptive technologies and complex emerging challenges.
A INEFETIVIDADE DO COMPLIANCE BANCÁRIO NO AGRONEGÓCIO BRASILEIRO
Este artículo analiza en profundidad la ineficacia de los mecanismos de cumplimiento bancario aplicados al sector del agronegocio brasileño, destacando prácticas ilícitas frecuentes, fallas en la gobernanza corporativa y el uso inadecuado de tecnologías preventivas. Se investiga cómo se implementan los programas de cumplimiento y por qué a menudo no logran prevenir delitos financieros como corrupción pasiva, concusión, estafa, fraudes contractuales y alteración de datos por parte de agentes bancarios. La metodología incluye una revisión bibliográfica, análisis crítico de jurisprudencias, estudios de casos reales y revisión de informes oficiales emitidos por organismos reguladores. Se concluye que fallas estructurales, bajo compromiso de la alta dirección, resistencia a la implementación efectiva de tecnologías y una cultura organizacional permisiva son los principales factores que comprometen la eficacia del cumplimiento bancario. El estudio propone fortalecer la gobernanza corporativa, aplicar tecnologías avanzadas de manera efectiva e implementar una fiscalización rigurosa como medidas correctivas esenciales.
RECOGNITION IN CHECK: THE TEMPORARY “EXCLUSION” OF TRANSGENDER WOMEN IN CHESS BY FIDE AND ITS SOCIAL AND LEGAL IMPLICATIONS IN BRAZIL
The objective of this research is to critically analyze the decision of the International Chess Federation (FIDE) to temporarily suspend the participation of transgender women in women’s competitions. By excluding trans women from the female category, FIDE not only reinforces transphobic and misogynistic stereotypes but also contributes to the perpetuation of the mistaken notion that individuals assigned male at birth possess an inherent intellectual advantage. This is a qualitative, bibliographic, and documentary study that uses the Brazilian Federal Constitution, international treaties such as the Yogyakarta Principles and the American Convention on Human Rights, and Axel Honneth’s Theory of Recognition as its main frameworks. The research demonstrates that FIDE’s decision breaks with the three fundamental levels of recognition: emotional, legal, and social. By its very nature, chess should serve as an exemplary space for inclusion and respect for diversity, as it offers equal conditions for any individual regardless of their gender identity—given that its practice relies exclusively on cognition. The findings reveal that, although the Brazilian legal system enshrines principles such as human dignity, equality, and non-discrimination, it remains silent when it comes to the creation of specific rules to ensure the sports inclusion of trans individuals. This normative omission allows organizations like FIDE to justify exclusionary decisions under the pretense of regulatory neutrality, when in fact they align with historically entrenched structures of exclusion. It is concluded that it is urgent for FIDE to revoke this decision and develop guidelines based on evidence and open dialogue with the trans community.
THE JUDICIARY WORKING TOGETHER TO PREVENT VIOLENCE AGAINST WOMEN
This article focuses on the role of the Judiciary acting in networks to prevent and combat violence against women. It highlights interinstitutional and intersectoral mechanisms that contribute to the effectiveness of these actions. The main objective is to analyze how the justice system acts as an active agent in the formulation and implementation of social actions addressing this issue, with emphasis on networked cooperation between the National Council of Justice (CNJ), the Court of Justice of the State of Goiás, and the Federal District and Territories. The central question raised is based on the high rates of violence and asks: how can the justice system effectively contribute to the prevention of violence while ensuring full access to justice for victims? This is a qualitative research study, with a descriptive and analytical approach, based on bibliographic and documentary research. The study draws on the analysis of legislation, institutional programs, CNJ recommendations, statistical data, and concrete experiences developed at both national and state levels (especially in the state of Goiás), in addition to a review of academic literature on public policy, governance networks, and women's human rights. The study concludes that the Judiciary has significantly expanded its role in combating violence against women, going beyond its traditional jurisdictional functions by integrating social protection networks and interinstitutional programs. Networked actions involving various spheres of government and civil society have proven essential in ensuring the effectiveness of the Maria da Penha Law and the strengthening of women’s human rights. Initiatives such as the “Justice for Peace at Home” program, reflective groups for aggressors, and the establishment of Reference Centers and the Brazilian Women’s Houses demonstrate how intersectoral coordination can transform access to justice into an effective public policy.
JUDICIAL CONTROL OF THE INVIOLABILITY OF THE HOME: APPLICABILITY TEST OF THE PROBLEM FRAMEWORK AS A POSSIBILITY FOR ANALYZING SECURITY POLICIES
The object of this study is the fundamental right to the inviolability of the home and its exceptions in the context of the actions of public security agencies, which require control by several institutions. Contemporary constitutionalism has undergone significant development in the 20th century, seeking to limit administrative and judicial discretion, and in recent decades, the interface between law and public policies has been an important field of study for the effectiveness of fundamental rights. In order to limit the state's punitive power in the area of ​​public security, it is essential to control police actions in their daily and effective performance. This article proposes to investigate home inviolability as a public policy problem, with a special focus on the problem of home entry in the event of flagrant crime, using the methodological tool of Isabela Ruiz and Maria Paula Dallari Bucci's Framework of Public Policy Problems (2019) to analyze the normative and institutional challenges involved. The proposed analysis highlights the importance of rethinking public security practices from the perspective of fundamental rights, promoting public policies that respect human dignity and combat the structural inequalities so present in the Brazilian context.
THE ROLE OF LEGAL PSYCHOLOGY IN BRAZIL: PRACTICES AND IMPACTS ON THE JUDICIAL SYSTEM
This paper addresses legal psychology, a field that combines knowledge of psychology and law to understand human behavior in legal contexts. Legal psychology has become an essential tool in the justice system, helping judges and other professionals make more informed and fair decisions. The objective of this study is to analyze how the work of legal psychologists contributes to the Brazilian judicial system, exploring their different areas of practice and the influence of psychological knowledge on judicial decisions. The methodology used was a qualitative literature review, based on studies and academic publications that discuss the historical development, definitions, and practices of legal psychology. During the research, topics such as the work of psychologists in various areas of law were explored, including family, criminal, civil, labor, and child and adolescent protection law. In addition, the techniques and methods used by these professionals to prepare reports, mediate conflicts, and offer psychological support in legal proceedings were analyzed. In conclusion, it can be said that legal psychology has established itself as an indispensable specialty in the judicial system, promoting ongoing dialogue between psychology and law. The work of these professionals contributes to the fairer and more humane application of justice, valuing the complexity of the behaviors and contexts involved. It is recommended that future studies continue to explore new forms of action and methods that can improve this area, strengthening its relevance and impact on society.
COALITION OF BODIES AND AFFECTIONS: CRITICISM OF BINARISM AND MONONORMATIVITY IN JUDITH BUTLER
This article discusses how Judith Butler's thinking allows us to criticize ontological assumptions of the monogamous system as a normative regime, which supports exclusivist, proprietary and binaristic relationships expressed by the notion of couple. Following the conceptual articulations proposed by Butler, possibilities for deconstruction will be presented, both subversive and non-violent, within the matrix of heteronormativity and mononormativity. The Brazilian case will be mobilized in order to understand, in the light of Butler's ideas, the issue of the fight for the right to same-sex unions and non-monogamous unions. The cases presented of same-sex and non-monogamous unions indicate the complexity of resorting to state solutions, as well as the reinforcement of practices of erasing non-monogamous unions in Brazil.
ON THE STUDY OF EFFICIENCY FROM THE PERSPECTIVE OF THE MEASURES IMPLEMENTED BY THE NATIONAL COUNCIL OF JUSTICE (CNJ) IN THE OVERSIGHT OF NOTARIAL AND REGISTRY ACTIVITIES IN BRAZIL
Efficiency is improved by providing accurate, unambiguous, continuous and fast services. However, achieving the efficiency parameter requires series of measures to promote procedure’s simplifications and the correction of factors in opposition to any means of providing effective services. Thus, using the hypothetical-deductive method and with bibliographic and documentary support, based on studies of Pareto efficiency and Kaldor-Hicks efficiency, the purpose of this article will be to demonstrate the CNJ´s measures for the practical application of efficiency as the basis of the bureaucratic model of notarial and registry activities in Brazil. The conclusion reached is that CNJ initiatives were fundamental in promoting efficiency in notarial and registry activities in Brazil, with a significant improvement in the quality of services provided to the population.
Antonio Carlos Freitas de Medeiros Junior
SURVEILLANCE CAPITALISM AND BRAZILIAN SOCIETY: A CRITICAL AND JURISPRUDENTIAL ANALYSIS BASED ON SHOSHANA ZUBOFF
This article critically analyzes the theory of surveillance capitalism developed by Shoshana Zuboff, articulating it with the contemporary Brazilian reality. The central problem investigated lies in how the massive extraction of personal data, driven by large technological corporations, affects fundamental rights in Brazil, deepening social inequalities and compromising the informational sovereignty of the country. The main objective is to examine how surveillance capitalism manifests in the Brazilian context, especially in relation to digital inequality, the use of facial recognition technologies by the state, the management of sensitive data in public policies, and the legal challenges for the protection of privacy. The adopted methodology is of a theoretical-conceptual and exploratory nature, with a literature review of the main works on the subject – highlighting Zuboff (2019) – and analysis of Brazilian jurisprudence, especially paradigm decisions from the Supreme Federal Court (ADI 6.387 and ADI 5527) and the Superior Court of Justice regarding data protection. In the final considerations, it is concluded that Brazil faces specific challenges in containing the practices of surveillance capitalism, due to the combination of structural inequalities, technological dependency, and institutional weaknesses. However, there is also an observation of the emergence of significant resistances, both in the regulatory field – with the enactment of the LGPD and the actions of the ANPD – and in the Judiciary's and civil society's actions. The article highlights the need to strengthen public policies, regulations, and social movements to ensure the protection of fundamental rights in the digital age.
SUSTAINABLE, SMART, AND INCLUSIVE CITIES FROM AN ECOFEMINIST PERSPECTIVE
This article analyzes how ecofeminist principles can be applied to urban planning to promote sustainable, smart, and inclusive cities. Based on the guiding question “In what ways do urban structures and dynamics contribute to the production and reproduction of gender inequalities?”, the discussion addresses how urban spaces have historically reflected structural inequalities, particularly those related to gender, race, and class, and how these dynamics require a critical review of urban planning practices. Ecofeminism, by linking the struggle for gender justice to environmental justice, proposes a transformative approach that values care, sustainability, and equal participation as the foundation for more equitable urbanism. In addition, the role of smart cities is highlighted as models that use technology and innovation to tackle contemporary challenges, from environmental degradation to social exclusion. However, inclusion and sustainability must go beyond technocratic solutions, incorporating intersectional perspectives that consider the needs of marginalized populations, especially women. The research method used was analytical. It concludes that urban planning grounded in ecofeminist principles can create more democratic, resilient, and just spaces by integrating technology, social inclusion, and environmental sustainability as pillars of urban development.
LEGAL INTERPRETATION OF THE PHRASES 'RECOGNIZED' AND 'ADJUSTED' IN THE TRANSITIONAL PROVISIONS OF HYPOTHEEK AND CREDIET VERBAND RELATED TO SECURITY RIGHTS: A STUDY ON THE HARMONIZATION OF COLONIAL AND NATIONAL LAND SECURITY SYSTEMS
This study aims to examine in depth the realization of the principle of legal certainty in the execution of material guarantees in the form of Mortgage and Crediet Verband on land and buildings after the enactment of Law No. 4 of 1996 on Mortgage (UUHT). The main focus of this study is the interpretation of the phrases “recognized” and “adjusted” in Article 24 paragraphs (1) and (2) of the UUHT, which have created legal issues due to the vagueness of the norm. This research employs a normative juridical and philosophical approach, analyzing the legal norms from ontological, epistemological, and axiological perspectives. The findings show that the lack of clarity regarding the norms of recognition and adjustment of old rights to the Mortgage system results in legal uncertainty in the execution practice by the security holders, especially banking institutions. This leads to difficulties in consistent implementation in legal practice, which risks undermining trust in the legal system in Indonesia. Therefore, this study recommends the need for clearer legal interpretation or norm reformulation to ensure legal certainty, justice, and effective legal protection for all involved parties, both creditors and debtors. This reformulation would strengthen the continuity of UUHT implementation and reduce uncertainties that could affect the effectiveness of the material guarantee law in Indonesia.
TENDENCY OF PUNISHMENT OF TRAFFICKING OFFENCES IN CHINA
The Chinese Criminal Law of 1997 has stipulated all trafficking offenses related to firearms, antiquities, wildlife, human beings and drugs, and included aggravated penalties allowing for the death penalty for all of these offenses. In the more than 20 years since then, ten Amendments have been instituted to reform and to readjust the Criminal Law in the spirit of safeguarding social harmony, assuring human rights, and carrying out a policy of severity tempered with gentleness, in accordance with emerging world trends. The Supreme Court of China has tried to guide and unify the implementation of Criminal Law and criminal policy under its jurisdiction by publishing judiciary explanations.