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As alterações promovidas na pensão por morte do regime geral de previdência social com a lei N° 13.135/2015 e emenda constitucional N° 103/2019 e suas relações com o princípio da vedação ao retrocesso social.
(Universidade do Estado do Amazonas, 2021-06-30) Oliveira, Anderson Fabiolo Cardoso de; Souza Júnior, Albefredo Melo de; Souza Júnior, Albefredo Melo de; Justiniano, Jeibson dos Santos; Braga, Tais Batista Fernandes
This article intends to address the changes suffered by the social security benefit of death pension, within the scope of the General Social Security System - RGPS, with Law No. 13.135/2015 (result of the conversion of MP No. 664/14) and Constitutional Amendment No. 103/2019 and its relations with the principle of prohibition of retrogression. The work was developed based on bibliographical research and support in national legislation and doctrine, discussing in a succinct way about: social security in Brazil and its organization in General Regime, the death pension and the main changes implemented with the publication of the legal norms discussed. Despite being positive for social security accounts and control over possible fraud in the granting of this benefit, it is concluded that these legislative changes generate restriction and even suppression of access to this fundamental social right that protects the family nucleus, when analyzed under the prism of the principle from prohibition to social regression.
Análise das implicações jurídicas da sucessão do estado nos planos constitucional e internacional
(Universidade do Estado do Amazonas, 2024-02-08) Garcia, Rafael Canedo Tavares; Loureiro, Sílvia Maria da Silveira; Ribeiro, Gláucia Maria de Araújo; Pantoja, Antônio Lucas Feitoza
The subject of this article is the analysis of the legal implications of State Succession at the constitutional and international levels and aims to analyze these implications in the hypothetical scenario of a Succession, as well as cases of past Successions. More specifically, these aspects will be analyzed with regard to nationality, assets, archives, debts, treaties and the incorporation of legislation in the successor State. The research will have a deductive nature, since it is a general study and will use bibliographical sources for the composition of logical-legal conclusions about this important phenomenon. Nationality and legislation will be the biggest problems to be faced, since, as they are matters of domestic law and subject to the power of the State, they are not matters arranged, so far, in international treaties. Assets, archives and debts have their own treaty, but not incorporated into the national order, and, therefore, are not easily resolved in the midst of this phenomenon. International treaties also received special attention, because, even with a specific treaty for the incorporation of treaties in the succession of States (1983), each type of succession implies a specific development to be analyzed and with different solutions for practical cases.
Análise do conflito de competências administrativas no caso Autazes, seus desdobramentos com o advento da ADPF 991 e a efetiva proteção dos direitos dos povos Indígenas.
(Universidade do Estado do Amazonas, 2024-02-07) Oliveira, Caio César Sena de; Ribeiro, Gláucia Maria Araújo; Nogueira Junior, Bianor Saraiva; Reis Filho, Edson Rubim da Silva
The article presents a detailed study of the Autazes case, emphasizing the intersection between administrative competencies and the safeguarding of indigenous rights, amidst the of ADPF 991. With an objective and precise narrative, he navigates the complexity of government decisions, contrasting them with the imperatives of environmental protection and cultural. The investigation reveals the nuances of public policies and corporate actions, highlighting the need for a sustainable balance between development and conservation. This study is a faithful portrait of current legal and administrative dynamics, shedding light on the paths towards harmonizing the interests at stake in Brazil.
Análise do crime de perseguição “stalking”, tipificado no artigo 147-a do código penal e seus efeitos materiais e processuais
(Universidade do Estado do Amazonas, 2023-03-02) Toyoda, Erivelton Toshiaki Moraes; Almeida, Arlindo Corrêa de
The main objective of this article is to discuss the inclusion, by Law nº 14.132/2021, of March 31, 2021, of the crime of Stalking, popularly called “stalking”, typified in article 147-A of Decree-Law nº 2.848/ 1940 (Penal Code). For that, we sought to identify and classify the essential elements for the crime to be configured. Then a study was carried out on the criminalization of stalking in international law. Next, the reasons that led the national legislator to include the crime of persecution in the Brazilian legal system were presented. Finally, a study was carried out on the material effects and procedural effects of the increase, in particular, the doctrinal and jurisprudential discussion regarding the revocation of the criminal misdemeanor of Disturbance of Tranquility.
Análise sobre a incidência da cláusula ppt no planejamento tributário internacional e a norma de combate à evasão fiscal brasileira
(Universidade do Estado do Amazonas, 2023-03-03) Assad, Emily Silva; Rocha, Paulo Victor Vieira da
This article aims to study the OECD Model Convention, limited to Article 29 created through Action 6 of the BEPS Project and the PPT clause. Starting from the PPT clause, the Direct Action of Unconstitutionality No. 2446/DF is also analyzed, and with this the insertion of a general anti-evasion rule, a GAAR in the Brazilian legal system, as well as the possible consequences of a domestic GAAR tied to the Agreement to avoid bitaxation and its impacts on the PPT Clause. The themes mentioned will be studied from theoretical research, using bibliographic, documentary analysis, and through inductive method
A aplicação das funções preventiva e punitiva do dano moral na teoria do desvio produtivo do consumidor.
(Universidade do Estado do Amazonas, 2024-02-15) Palmeira, Antonio Leandro de Holanda; Viana, Rejane da Silva; Lima, Adriana Almeida; Matias, Jefferson Ortiz
Civil liability in the consumer sphere is, in general, objective, imposing on the supplier the obligation to repair damages to the consumer, regardless of fault. This covers moral damages, with preventive and punitive functions. The first seeks to prevent future injuries, while the punitive one acts as a reparation-sanction for the offense caused. However, the "culture of mere annoyance" denies compensation for extra-patrimonial damages, and thus the Productive Deviation Theory emerges, which highlights how consumers are harmed throughout their lives by failures in products or services. This article explores the possibility of this theory being applied as a punitive disincentive mechanism for suppliers who violate basic consumer rights. The research covers bibliographical, jurisprudential and legislative aspects to understand the applicability of the theory and its relationship with the functions of moral damage. In this way, the negligence of suppliers is observed, making resolving pending issues a real challenge for the consumer and the Judiciary.
Aplicativos de mensagens eletrônicas como novos meios eletrônicos de comunicação dos atos processuais no Brasil.
(Universidade do Estado do Amazonas, 2023-01-06) Menezes, Brenda Lopes de; Norte, Naira Neila Batista de Oliveira; Braga, Tais Batista Fernandes; Norte Filho, Antônio Ferreira do
The work aims to explain the need to adopt popular communication applications for the practice of procedural communication acts, within the scope of the judicial process. ‘The civil procedure code determines that communications of procedural acts should preferably be carried out electronically. The electronic communication mentioned in the new CPC/2015 has undergone changes, depending on the technological innovations currently experienced. Laws were enacted aimed at changing the procedure in civil proceedings so that electronic means of communication could be integrated, with a focus on Law No. /2021 which amended the Code of Civil Procedure to give preference to the means of communication via electronic mail (email). The discussion on the use of new technologies integrated to judicial procedures has gained focus in the sense of using the most popular communication applications to carry out the acts of citation and judicial subpoena, given the massive use of such forms of communication of the procedural acts that were used in the context of the covid-19 pandemic. The subject must be discussed in the current social and historical context, considering the technological evolution around the world, allowing the adoption of technology for the practice of procedural communication acts, envisioning a procedure in which the contradictory and full defense is assured, as well as the celerity. In this way, the present work aims to study the feasibility of communicating procedural acts through instant messaging applications, among which whatsapp and telegram are emphasized.
Aquisições diretas de bens e serviços pelo do estado do Amazonas durante a pandemia da COVID-19: utilidade ou ineficácia?
(Universidade do Estado do Amazonas, 2021-07-14) Nogueira, Rodrigo Rodrigues; Souza, Alcian Pereira de; Souza, Alcian Pereira de; Ribeiro, Glaucia Maria Araújo; Alanis, Renata Lopez
The present work intends to analyze the changes at the state level regarding the procurement and contracting procedures as of the effectiveness of State Decree No. 42,100 of March 23, 2020, which instituted the state of public calamity in the State of Amazonas covering until December 31, 2020, and Law No. 13,979 of February 6, 2020, emphasizing the possible advantages and disadvantages of said changes in procedures bids. The methodology followed a precept of deductive research, which will have three stages specific, with the carrying out of documentary surveys such as publications, articles, magazines, books and other information relevant to the subject. In a first moment it dealt with the norms and procedures related to the bidding procedure, specifically, of the waiver of bidding provided for in art. 4 of Federal Law No. 13,979/2020; right away we sought to quantitatively determine the data relating to purchases and contracts government agencies, through information extracted from the transparency portal of the State Secretariat of Finance of Amazonas (SEFAZ), and, soon after, some of the advantages and disadvantages of adopting these new procedures. Finally, it was concluded that despite the sudden changes that occurred in all spheres, the federal and state entities, through their regulations, sought to make the bidding procedure more flexible, foreseeing the exemption from bidding while the pandemic lasts. Such acts changed the dynamics of bidding in our country, in favor of not only public health, but also the interest public.
A atuação do ministério público federal no combate ao desmatamento: a atribuição de responsabilidade civil ambiental através do cruzamento de dados públicos
(Universidade do Estado do Amazonas, 2024-02-07) Costa, Leonardo de Souza; Medina, Marcia Cristina Nery da Fonseca Rocha; Aguiar, Denison Melo de; Sá, Emerson Victor Hugo Costa de
Given the global concern about deforestation in the Amazon region, due to the ecosystem services and climate regulation it provides, environmental civil liability is one of the mechanisms for promoting, conserving, and recovering the environment, however, identifying those responsible for environmental damage is complex and involves several economic, social and logistical factors. The research explores the implementation of the right to an ecologically balanced environment, in the case of deforestation and the fight against it carried out by the Federal Public Ministry within the scope of the Amazônia Protege Project, with an emphasis on the attribution of environmental civil liability assessed through the crossing of georeferenced images of illegal deforestation and public databases.
O controle de constitucionalidade das medidas provisórias editadas pelo presidente da república
(Universidade do Estado do Amazonas, 2023-03-13) Afonso Filho, Roberto Camurça; Santos, Cássio André Borges dos
The present work is based on the analysis of the fundamental points of how the Constitutionality Control of Provisional Measures edited by the President takes place.Provisional measures must, in accordance with art. 62 of the 1988 Constitution of the Federative Republic of Brazil (CRFB/88), be edited only in case of relevance and urgency, following the rules set forth throughout the article, acquiring the force of law and being immediately submitted to the National Congress so that, if approved, are converted into law. In the course of this work, aspects of the legislative process were analyzed andhow the powers of the republic carry out the different types of constitutionality control in provisional measures.
O dano moral configurado na violência obstétrica: Uma abordagem legal e jurisprudencial
(Universidade do Estado do Amazonas, 2024-02-15) Souza, Rebeca Cerqueira de; Viana, Rejane da Silva; Dias, André Petzhold; Norte, Naira Neila Batista de Oliveira
Obstetric violence is characterized by negligence and mistreatment of pregnant women by professionals, including the violation of reproductive rights, the pilgrimage to various services until receiving care and acceleration of birth to free up beds, among others. In this context, the present work, through deductive methodology, aimed to analyze, through doctrine and jurisprudence, obstetric violence from the perspective of doctors' civil liability and the damage for pain and suffering resulting from such conduct. To this end, the phenomenon of obstetric violence was analyzed and how it occurs, the civil liability taking into account the agents, the damage for pain and suffering that this conduct causes to parturient women, as well as the exposition of recent norms and jurisprudence regarding the subject, explaining the need for a majority understanding and typification of this conduct at federal level.
Dano Temporal: A reparação ao consumidor pela perda de tempo gerada pela falha na prestação de serviço nas relações de consumo.
(Universidade do Estado do Amazonas, 2021-07-13) Souza, Ketlen Rayane Videira de; Albuquerque, Ricardo Tavares de; Albuquerque, Ricardo Tavares de; Choy, Marco Aurélio; Costa, Christiano Pinheiro da
The time lost by the consumer trying to solve problems caused by poor service and supply in consumer relations is a reality under discussion in the Brazilian judicial system. The Productive Diversion Theory of the Consumer appears, then, with the proposal of a just compensation to the consumer in the face of violations of their rights, including the freedom to enjoy their time. Per On the other hand, the materialization of the Theory still encounters some challenges in the legal field, in particular as to the justification of the compensation due due to the loss of time, seen as a mere annoyance, be framed as damage that can be repaired. In this bias, the autonomy of temporal damage, as a new current, inspires researchers and scholars in the area a response to the damage caused by the loss of time generated to the consumer by the failure in the provision of services.
Decreto N° 5.641, de 12 de julho de 2023: Um estudo a respeito da participação da Administração Pública indireta em procedimentos arbitrais envolvendo o município de Manaus
(Universidade do Estado do Amazonas, 2024-02-07) Pinto, Bruno Sebastião da Silva; Fernandes, Taís Batista; Torres , Camila Pontes; Aguiar, Denison Melo de
The possibility of using arbitration by the Public Administration is not new to legal practitioners. However, considering that the Public Administration operates based on the principle of legality, it becomes extremely important that this "novelty" becomes part of the positivized law. Respecting state competencies to address the issue, the regulation of the public administration's participation in alternative dispute resolution methods has gradually advanced in the Brazilian state. In Manaus, this possibility was formalized through Decree No. 5,641, dated July 12, 2023. This monograph aims to analyze the mentioned legal framework and provide a better understanding of the normative possibilities outlined therein.
Desafios da efetivação do direito à educação em nível superior das pessoas com transtorno do espectro autista
(Universidade do Estado do Amazonas, 2018-12-03) Silva, Josias Gadelha da; Aguiar, Denison Melo de; Aguiar, Denison Melo de; Silva, Ygor Felipe Távora da; Souza, Gabriele de Souza e
The challenges faced by people with Autistic Spectrum Disorder are analyzed (TEA) in realizing their right to education, specifically at a higher level. such right is fully guaranteed in the Federal Constitution, as well as in the National Protection Policy of the Rights of Persons with Autistic Spectrum Disorder and various norms spread throughout the Brazilian legal system. The research theme focuses on the principles guiding principles of inclusive education and public policies aimed at people with ASD – who are legally equivalent to people with disabilities. The objective of the work is describe the main challenges encountered for the realization of the right to education in terms of admission and permanence in higher education, and also to verify how the inclusion of these people occurs in the infrastructural and pedagogical sectors of the institutions, since, although there is a vast guaranteeing legislation, it is verified in practice, its non-effectiveness. In that In this sense, the broad legislation on the subject applied to the inclusion of people with disabilities is analyzed. TEA in higher education, based on public inclusion policies as a way of realization of the right to education – regarded as a fundamental right by the Federal Constitution.
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.
Direito à razoável duração do processo e a promoção da efetividade da prestação jurisdicional.
(Universidade do Estado do Amazonas, 2021-07-14) Gomes, Marckjones Santana; Santos, Cássio André Borges dos; Santos, Cassio André Borges dos; Silva, Tulio Macedo Rosa e; Ribeiro, Gláucia Maria de Araújo
This research intends to understand the role of the legal principles of the inescapability of jurisdiction and the effective provision of jurisdiction, in the context of the right to a reasonable duration of the process.
Direito de Propriedade: O poder de disposição e os efeitos da exclusão por indignidade do herdeiro.
(Universidade do Estado do Amazonas, 2021-07-13) Silva, Adriano de Oliveira; Albuquerque, Ricardo Tavares de; Albuquerque, Ricardo Tavares de; Leal , Luziane de Figueiredo Simão; Rebelo, Ana Carolina Cei
The present work is based on the analysis of the legal gap in the sole paragraph of article 1.816 of the Brazilian Civil Code. The legal command imposes that the individual sentenced to indignity the exclusion of the right of usufruct and administration of the inherited property is applied. before the presented, questioning the possibility of alienation of that asset in favor of the heir unworthy. From the analysis of law, doctrine and jurisprudence, it resulted in the finding that the last will of the de cujus must be understood in its entirety, and may be extended to in addition to succession acts. This will does not have the power to form an obligation, a since the obligation has a pecuniary bond between creditor and debtor, existing in succession only the moral duty of obedience. It was also found that the sentence of indignity did not can be understood as an inalienability clause, interpreted as an implicit effect of the exclusion, because only with just cause, and on the available part of the assets, if can record the property with such a clause, which makes it fully possible to dispose of the property in favor of of the unworthy.
Direito do trabalho x crowdwork: as decisões das cortes da Califórnia (EUA), Espanha e Reino Unido e dos tribunais superiores no Brasil
(Universidade do Estado do Amazonas, 2023-03-02) Rego Filho, Daniel de Souza; Silva, Túlio Macedo Rosa e
This article aims to observe the main decisions handed down by the superior courts of California (USA), Spain and United Kingdom, which address conflicts between companies with a crowdwork economic model and the workers who work with these companies. From the understanding of the role played by Labor Law in labor relations, with a focus on the transformations brought about by the Fourth Industrial Revolution, mainly algorithmic subordination and mass outsourcing, it is possible to compare international decisions with the decisions issued by the Brazilian Superior Courts and to know the main foundations that support the agreements reached. Despite the majority foreign orientation to recognize the employment relations arising from this new economic model, or minimally determine the adaptive application of legislation to extend rights and guarantees to crowdworkers, the national legal system does not have a defined position, in face of which the question remains opened
ESTUDO SOBRE A ADMISSIBILIDADE NA APLICAÇÃO DA RESPONSABILIDADE CIVIL ESTATAL NOS CASOS DE AFOGAMENTO NA PRAIA DA PONTA NEGRA NO ANO DE 2012
(Universidade do Estado do Amazonas, 2023-03-30) Souza, Guaracy de Paula; Souza, Alcian Pereira de; Souza, Alcian Pereira de; Souza Junior, Albefredo Melo; Abrahão, Renata Alanis
Conditional Release is a way to seek the rehabilitation of the convicted individual through almost complete freedom, as in this condition, the sentenced individual will not be under monitoring or intramural confinement, but will only need to comply with some requirements imposed by the judge who granted the benefit. This important mechanism of penal execution recently underwent considerable modification with the implementation of the Anti-Crime Package, which will be analyzed in the present work. The Conditional Release requires responsibility and commitment from the convict to comply with their sentence, characteristics verified through the subjective requirement of good prison behavior which, with the recent changes, now has two aspects to be analyzed: the objective aspect of not committing a serious offense in the last twelve months and the subjective aspect
Execução de alimentos na pandemia: análise das alternativas do poder judiciário brasileiro à prisão civil
(Universidade do Estado do Amazonas, 2024-02-09) Felinto, Vanessa Cardoso; Aufiero, Mário Vitor Magalhães; Norte, Naira Neila Batista de Oliveira; Mendes, Georgia Costa de Paula
The Covid-19 pandemic highlighted the weaknesses of the Brazilian prison system. Faced with this crisis, the need arose to implement alternatives to civil prison, not just to contain the spread of the virus in prisons, but also to ensure a fair approach in the face of extraordinary circumstances in return for the vital need to provide food for hyper vulnerable individuals. This study seeks to answer the following question: What alternative methods to civil imprisonment have been effectively used by courts during the execution of food in the context of the pandemic? The general objective is to classify the legal mechanisms adopted as alternatives to civil imprisonment during the execution of food, with a special focus on the context of the Covid-19 pandemic. The research uses qualitative methodology, using a deductive perspective and phenomenological understanding, using doctrine, scientific articles, legislation, recommendations and judgments of the Judiciary Brazilian. During the pandemic, the Judiciary adopted recommendations, judgments and responses legislative, seeking to adapt to exceptional conditions, highlighting the evolution of understanding regarding the application and accumulation of executive techniques. The article also analyzes the post-vaccination impacts and highlights efficient alternatives and reveals the constant search by the Judiciary for balance between procedural effectiveness and social conditions.