Navegando por Autor "Choy, Marco Aurélio de Lima"

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A condenação por improbidade administrativa por enriquecimento ilícito presumido ("DAMNUM IN RE IPSA”) não é causa de inelegibilidade de candidatura
(Universidade do Estado do Amazonas, 2019-06-08) Silva, Rodrigo Ribeiro; Choy, Marco Aurélio de Lima
ABSTRACT: This article aims to address the causes of ineligibility of candidacy and to demonstrate that the condemnation for administrative impropriety for presumption of illicit enrichment only becomes a hypothesis of ineligibility if it becomes clear that the public manager illicitly enriched, born of the recent decision in Ordinary Recourse n. 11505, from the construction of Minister Luiz Edson Fachin of the Superior Electoral Court, opening a precedent capital for the next electoral disputes, since it establishes the thesis that the condemnation for administrative impropriety for presumed damages ("damnum in re ipsa") does not fulfill requirements of the ineligibility of such application. KEY WORDS: Illegal enrichment. Administrative, dishonesty. Ineligibility.
A crise da democracia representativa no Brasil e a invisibilidade do voto do preso provisório nas eleições de 2010, 2012, 2014 e 2016
(Universidade do Estado do Amazonas, 2018-11-23) Pereira, Jennifer Lima de Araújo; Sobral, Arlice Arlinda Santos; Choy, Marco Aurélio de Lima; Morillas, Juan Pablo
The Constitution of the Federative Republic of Brazil of 1988, reflecting the Universal Declaration of Human Rights of the United Nations Organization, established fundamental rights and guarantees for all, without distinction, aiming at building a freer, fraternal and egalitarian society. The ideals have been laid down in various provisions in the Magna Carta, but are not always realized by the state. Even so, the “Citizen Constitution” of 1988 represents a social evolution, since it carries in its text several advances in Brazilian democracy, glimpsed from the historical study of the government regimes adopted by Brazil. There is still an imbalance in the representativeness of citizens, as those who are provisionally imprisoned, even while retaining their active electoral capacity, appear to be invisible in the electoral process, as the dismal results on the participation of the provisional prisoner in the 2010, 2012, 2014 and 2016 elections that will be presented. Through a comparative study of the main norms that governed democracy in the Constitutions of Brazil from the imperial era until the Magna Carta of 1988; the evaluation of the number of provisional prisoners in Brazil in relation to those enlisted and those who exercised the vote; Understanding the concept of the presumption of innocence principle, there is a crisis of representativeness, in which the provisional prisoners hardly vote, despite forming a group of people who live under the tutelage of the State, in the present precarious conditions. of the Brazilian prison system.
Os desafios do uso de algoritmos de inteligência artificial em processos decisórios à luz do ordenamento jurídico.
(Universidade do Estado do Amazonas, 2021-07-14) Amaral, Camila Augusta Medeiros Colás; Choy, Marco Aurélio de Lima; Choy, Marco Aurélio de Lima; Aufiero, Mário Vitor Magalhães; Salazar Netto, Aguinaldo Ferreira
This study aims, in general terms, to analyze how the insertion of artificial intelligence algorithms in decision-making processes implies access to certain rights, focusing mainly on the possibility of discrimination by these algorithms and how this is regulated in Brazilian law. To this end, the concepts of artificial intelligence, algorithms and automated decisions are presented, in addition to the principles that govern the topic and the evolution of the treatment given to the matter in the main national and international legislations, especially the General Law of Data Protection, under the cutout of the change promoted by Provisional Measure N. 869/2018 and the European General Data Protection Regulation.
Fashion Law: Relação da propriedade intelectual com o direito da moda no Brasil
(Universidade do Estado do Amazonas, 2024-02-07) Falcão, Maria Eduarda de Menezes; Choy, Marco Aurélio de Lima; Viana, Rejane da Silva; Magalhães, Allan Carlos Moreira
The relationship between intellectual property and Fashion Law in Brazil stands out as a crucial aspect for the protection of innovative creations in the fashion industry, which is characterized by the rapid evolution of trends and its significant economic and cultural contribution. The current legislation, mainly comprising the Copyright Law and the Industrial Property Law, faces challenges in adapting to the specificities of this dynamic sector, highlighting the need for legal adaptations and innovations. Proposals for improvement include the implementation of a specific registration system for fashion designs, the use of advanced technologies such as blockchain for authentication and protection against counterfeiting, promoting international cooperation to combat intellectual property violations more effectively, and the integration of sustainable and ethical practices into protection policies. Furthermore, the importance of education and awareness about intellectual property among fashion professionals is emphasized. Such measures aim not only to protect the rights of creators but also to encourage innovation and support the ethical and sustainable development of the fashion sector in Brazil. This scenario reflects the complexity and the need for continuous evolution of legislation to effectively respond to the demands of an ever-changing market.
A lei da ficha limpa nº 135 / 2010 e a sua constitucionalidade
(Universidade do Estado do Amazonas, 2019-06-08) Ribeiro, Alessandro Silva; Choy, Marco Aurélio de Lima
ABSTRACT: The purpose of this paper is to demonstrate that the Clean Sheet Law is constitutional and should be applied to all those who wish to hold a political office, since we can not put anyone to represent us and respond to various processes. It is ethical and moral to choose someone who has a good image and enjoys a clean and honest reputation. This law of the clean record was born of a popular yearning and a conquest of Brazilian citizens and an example to be followed by other nations. Thus, the complementary law that led to the promulgation of the so-called Clean Registry Act constitutes a historical landmark of the direct participation of the people in the republican process. It is obvious that, despite the mishaps of the paths traveled, he showed his virtues by showing the importance of rescuing morality in dealing with public affairs, by the probability of eliminating the so-called dirty candidates from the electoral process. KEYWORDS: Clean, constitutional law, electoral process.
Método de Interpretação da Norma de Isenção Tributária
(Universidade do Estado do Amazonas, 2019-01-28) Nascimento, Raianne Vitorino do; Albuquerque, Ricardo Tavares de; Choy, Marco Aurélio de Lima; Lima Junior, Hermes Pontes
This research aims to identify the best way to interpret the standard in the face of the literalness imposed by the law, in contrast to the various situations in which the taxpayer has gone to the judiciary to question such a rule of positivist hermeneutics, which, In some cases, it generates unequal and unfair treatment in the specific case. Therefore, The logical-deductive method was used, with a qualitative approach, based on the doctrinal construction, research through legal articles, legal journals, jurisprudence and infraconstitutional rules. There was a possibility of a broader interpretation of the standard, for purposes of equity, since the literality of the standard should not be interpreted as synonymous with restriction or reduction of its range.
Tributação do ganho de capital com venda de Bitcoin
(Universidade do Estado do Amazonas, 2019-01-28) Cardoso, Caio Guimarães de Melo; Albuquerque, Ricardo Tavares de; Choy, Marco Aurélio de Lima; Lima Junior, Hermes Pontes
This paper aims to explain what is this new technology called Bitcoin, what are the innovations brought by it, the possible problems that may arise identify the hypothesis of tax incidence for individuals and transactions in transactions using cryptocurrency. We also sought to analyze the forms of regulation adopted by different countries and international bodies to deal with it just as Brazil is dealing with this new technology. It is This research was classified as exploratory and descriptive. bibliographic and documentary. Due to the novelty of the theme, books and articles, both domestic and foreign, available in electronic media, deepening the Bitcoin concept and tax rules, as well as documentary consultation tax legislation in force. The main result found was the possibility of collecting income tax on transactions with Bitcoin in the capital gains for individuals and companies, in amounts above R $ 35,000.00.
Tributação do licenciamento de uso de software de não residente: uma análise de sua qualificação
(Universidade do Estado do Amazonas, 2024-02-16) Uchôa, Danilo Izel; Rocha , Paulo Victor Vieira da; Choy, Marco Aurélio de Lima; Hubner, Ricardo
This study analyzes the taxation on income when licensing the use of standardized software of a non-resident. As a general objective, it is intended to discuss the nuances of this operation, as well as the evolution of the discussion involving software in Brazil. In addition, its specific purpose is to identify the qualification of the licensing of standardized software use of a non-resident in the models and comments made available by the UN and the OECD and the Brazilian tax legislation. Throughout this article, it is intended to highlight different interpretations of the concept of royalties, which, in a central way, influence the taxation in the import of the use license. Finally, it was possible to conclude that the solution to the controversy in the qualification of the software use license is the establishment of the economic concept of royalties in national and international legal documents.
A vulnerabilidade dos idosos na relação consumerista: cobranças indevidas por bancos.
(Universidade do Estado do Amazonas, 2023-03-13) Jesus, Yuri Queiroz de; Choy, Marco Aurélio de Lima
Our Magna Carta in the title of fundamental rights and guarantees, in its art. 5th, item XXXII, enshrines consumer protection, by the state, as a fundamental right. As well as, in §1 of art. 230, of the 1988 Federal Constitution, enshrines the support of elderly people by family, society and the state. And to highlight the importance of the topic, the state, through legislation: The Statute of the Elderly, Law 10,741, the Code of Civil Procedure of 2015, Law 13,105, and the Consumer Protection Code, Law 8,078, regulate consumer rights and the elderly person. These legal standards aim to guarantee the protection of fundamental rights and guarantees for elderly people in their social, work and consumer relationships. There is no gap in legal standards on the subject, however, observing the legal standard is harmless in public and private relations. Therefore, it is up to the state, in the legal and legal aspect, to prevent illicit acts to the detriment of the elderly person by established legal standards. Promoting instruments and means for people to enjoy life with dignity in society, through relationships with their peers, effectively participating in legal transactions safely. The 2019 survey by IBGE (Brazilian Institute of Geography and Statistics) reports that the increase in elderly people from 2012 to 2019 was 29.5%, also giving the estimate that in 2060 we will have more elderly people than young people. Therefore, with the aging of the Brazilian population, society and the state demand greater vigor to protect the fundamental rights and guarantees of the elderly and the development of public policies.