UNIARA

Abstract: The healthcare field, whether from the perspective of the patient or the professionals involved, has statistically seen the highest increase in lawsuits in Brazil. This is due to difficulties in interpersonal relationships, a lack of awareness of tools that facilitate management and legality control, and the failure to use appropriate methods for conflict prevention. Given this situation, this research proposal is grounded in Fundamental Human Rights and their close relationship with the field of Medical and Health Law in Brazil. The aim is to assist in developing a culture of conflict prevention and management between patients and healthcare professionals by raising awareness and enforcing the rights relevant to the research field in traditional ways, and then introducing new modalities of conflict management and prevention with the increasingly active participation of legal professionals in academia through our Professional Master`s program in Law and Conflict Management. To establish this culture, Bioethics, Biolaw, Fundamental Human Rights, Ethics, as well as Brazilian (and international) legislation and jurisprudence in the health area will be addressed, with a view to developing dissertations, scientific articles, discussions with master`s students via research groups and, finally, assistance to the community whenever possible via a laboratory of technical practices for conflict management, always aiming to promote access to justice.

Abstract: This paper will address how the role played by the Judiciary in conflict management impacts the realization of citizenship. To this end, the concept of citizenship will be studied from the hermeneutical perspective of the 1988 constitutional text, particularly regarding the theme of democracy and social rights as essential elements necessary for a dignified life and, consequently, for citizenship itself. Initially, the aim is to identify the origins of the merely formal effectiveness of constitutionally established rights. Subsequently, the aim is to analyze how decisions issued by the Judiciary have the power to expand — or mitigate — such rights. The research question to be addressed will be: how does the role played by the Judiciary impact the realization of citizenship? The methodology to be employed will be deductive, with a qualitative analysis of judgments with the greatest impact on social rights. The research will utilize bibliographical reading techniques through the study of academic articles and legal doctrine related to the topic. The research also aims to reflect on the extent to which the Judiciary`s conflict management has been guided by the achievement of the objectives established by the original constituent — regarding social rights — or has served the implementation of neoliberal ideals championed by the market. This will be accomplished through a study of the case law of the Superior Courts, particularly the Superior Court of Justice (STJ) and the Federal Supreme Court (STF). Ultimately, the aim is to offer suggestions for improving any distortions identified, thus contributing to the greater realization of citizenship through improved conflict management by the Judiciary.

Abstract: This project, regularly included in the field of Law, has as its main objective to analyze, from a legal, economic, and sociological perspective, the phenomenon of digital currencies and blockchain. This phenomenon is of great importance to the entire international community at this historical moment of great technological advances and globalization, combined with the inadequacies and lack of government regulation, particularly that of Brazil. It relates to alternative methods of dispute resolution and the ease of money laundering, extortion, and financing of terrorist activities promoted by these distortions. It is noteworthy that, specifically, the project will aim to analyze the doctrinal bases and primary documentary sources on the subject, examining how leading authors and researchers are addressing the issue.

Abstract: Family Law, especially since the 1988 Federal Constitution, has undergone, and continues to undergo, profound changes that have redefined several of its principles. Parenthood, previously centered on consanguinity, represents an important example of this movement, which brought the principles of equality, solidarity, and affection to modern Family Law. Indeed, affection has altered the biparental structure, allowing for the existence of multiple maternal/paternal-child bonds, which is known as multiparenthood in the strict sense. However, the effects of multi-parenthood are not well regulated in Brazilian law, as is the case with the legal succession of ascendants, which, in the wording of articles 1836 and 1837 of the 2002 Civil Code, is based on the existence of only two lines: the maternal and the paternal. Given this scenario and based on the hypothesis that multi-parenthood is a legal and social phenomenon, this research aims to analyze, with scientific rigor, its effects on the legal succession of ascendants, with special emphasis on analyzing contemporary case law. The research is justified by the essential importance of investigating the effects of multi-parenthood, already enshrined in Family Law, to present scientific criteria capable of contributing to the management and prevention of succession conflicts. To achieve its objectives, the research will adopt an essentially qualitative approach, focusing on a bibliographic review and documentary research, using an exploratory approach. As a preliminary theoretical framework, national and international authors can be highlighted, such as Neiva Cristina de Araújo, Vanessa de Souza Rocha Barbosa, Heloísa Helena Barboza, Christiano Cassettari, Maria Berenice Dias, Anderson Schreiber, Michele Vieira Camacho, António Menezes Cordeiro, Luís Solano Cabral de Moncada, among others. Thus, the aim is to ultimately provide scientific criteria for a better understanding of the inheritance effects of multi-parenthood in Brazilian law, particularly in the case of ascendants, with a view to contributing to the management and prevention of new conflicts.

Abstract: With over 100 million cases pending in the judiciary (CNJ, 2022) and a sentencing capacity of only a quarter of the total annual cases, the country`s judicial system is collapsing and unable to provide justice to all citizens who need it. Advances in computing and the refinement of new digital technologies, such as intelligent robotics and artificial intelligence, can provide innovative solutions that enable access to improved and more peaceful justice. This research, positioned at the limits of applied science, aims to test, through a methodology supported by Design Science Research (DSR), a technological solution (Blockchain) compatible with the basic operational requirements of the national judiciary, in response to the identified problem. It is expected to be possible to demonstrate the viability of the solution both in terms of its content and its instruments (elements) for solving the problem.

Abstract: The emergence of new technologies presents numerous challenges for their regulation and subsequent implementation. Governance aspects inherent to current regulations and legislation can facilitate or hinder (and even impede) the conversion of these new technologies into innovations. Therefore, the object of this project`s investigation is Complementary Law No. 182 of June 1, 2021, which establishes the legal framework for startups and innovative entrepreneurship. This study is justified by the fact that, for innovation, regulation and the legal framework are particularly important for its development. In this sense, the study seeks to examine the legislative process and the difficulties in regulating issues related to new technologies. The central objective is to reflect on the new legal framework for Startups and innovative entrepreneurship, taking the biotechnology sector as a backdrop, particularly Startups in this segment (BioStartups). The study seeks to examine the future of regulation of biotechnology products and processes following the enactment of the new law, identifying the difficulties and obstacles to registering products, processes, and companies operating in the sector. Specifically, the objectives are: a) to assess the degree of maturity, scope, and limitations of the biotechnology regulatory framework; and b) to identify gaps and institutional and legal discrepancies in the licensing process for commercializing and manufacturing biotechnology innovations, specifically those inherent in obtaining and maintaining licenses for companies, products, and processes, by comparing current regulations and identifying the operational realities of regulatory agencies, registration bodies, and similar bodies.

Abstract: The imposition of penalties is at the heart of Criminal Law, which, during millennia, was excessively retributive and repressive, with the prevalence of the Roman maxim "an eye for an eye, a tooth for a tooth." This stance only began to change with the Enlightenment, thanks to the ideas of Beccaria, Verri, Rousseau, Montesquieu, and other 18th-century thinkers. In Brazil, humanism, although tentatively envisioned in the first Constitutions, was gradually embraced by Criminal Law, with the adoption of conditional suspension of sentences, parole, and other liberal measures. With the establishment of the so-called "albergue" prison in the 1970s, the first rule of decriminalization was established, allowing for custodial sentences to be served without the rigors of a penitentiary system, in cases of reduced penalties and for those convicted without dangerousness. The first major change introduced in 1984 by Law 7.209, which reworded the General Part of the Code, was the provision for restrictive penalties, also known in legal doctrine as alternative penalties, which replace custodial sentences. The same law established the following regimes for serving custodial sentences: closed, semi-open, and open. In the criminal sphere, the possibility of plea bargains only emerged with the 1988 Constitution and Law 9.099 of 1990, which created special criminal courts and expanded the scope of extra-criminal plea bargains. And finally, the norms that established non-prosecution agreements (NPAs) emerged, first through resolutions of the National Council of the Public Prosecutor`s Office and later through Law 13.964/2019, known as the Anti-Crime Package. The imposition of custodial sentences, therefore, has been sharply reduced in recent years due to their limited effectiveness and high costs to the government. Therefore, even in the absence of a solidly structured criminal policy, the punitive system in Brazil began to mitigate the effective enforcement of custodial sentences. Many norms arose because of tragic events or pressure from organizations or the outcry of social groups. On the other hand, in penalties, the legislation clearly opted for abolitionist paths. The legal means instituted in recent years to reduce or eliminate prison sentences and their consequences will be analyzed in this paper, with projections of four new mechanisms that prevent the imposition of custodial sentences without compromising public order. Therefore, we situate the topic within the scope of criminal guarantees. We must understand guarantees as a normative model of law, founded on respect for the basic principles of human protection, based on constitutional precepts and complementary norms. Guarantees are not exclusive to Criminal Law, as the entire legal system, in a democratic state governed by the rule of law, must ensure individual guarantees in relation to the State and other individuals or legal entities. However, it is in Criminal Law that guarantees acquire greater expression, as the most severe sanctions in the legal system are provided for in the criminal sphere, posing the greatest risks to individual freedom. The word "guarantism" is a neologism of recent origin. It derives, evidently, from "guarantee," whose best meaning, in our study, is revealed as protection, as a means of ensuring a right. Thus: security – in English; assurance – in French; assecurantz – in German; assicurazione – in Italian. The topic is not new: Royce suggested, in 1916, a system of guarantees to realize what he called the "great human community." For him, the guarantee is an association based on the triadic principle of interpretation: just as in the latter there is the interpreter who interprets something for someone, in the guarantee there is, in the relationship, the thing guaranteed, the guarantor, and the beneficiary (cf. "Hope in the Great Community," cit. by Nicola Abbagnano, Dictionary of Philosophy, São Paulo: Ed. Martins Fontes, 1998, entry "guarantee"). "The norms of a legal system are not all on the same plane. There are higher norms and lower norms. The lower ones depend on the higher ones. Ascending from the lower norms to those that are higher, one arrives at a supreme norm, which does not depend on any other higher norm and on which the unity of the legal system rests. This supreme norm is the fundamental norm. Each legal system possesses a fundamental norm, which gives unity to all other norms, that is, it makes of the scattered norms and of various origins a unitary whole that can be called a legal system." (Cf. Norberto Bobbio, Teoria do Ordenamento Jurídico, Brasília: Ed. UnB, 1982, p. 49). This concept seems very clear, at least in the democratic rule of law in which we live in Brazil. But it wasn`t always this way. During the military regime (1964-1985), we had a supreme norm (the Constitution—first the 1946 Constitution, then the 1967 Constitution), which was placed below the so-called institutional acts, proclaimed by the military leaders who held the presidency. One of these, Act No. 5, limited the scope of habeas corpus and restricted individual rights and guarantees. We can say, however, that the current Brazilian penal system is guarantor-based, as the Brazilian Federal Constitution bases its pillars on the guiding principles of a Social and Democratic State under the Rule of Law, with respect for citizenship and human dignity as its foundations. Among the fundamental objectives expressed in the Constitution, we find the building of a free, just, and solidary society as its main objective (Articles 3, I and III). With this premise, the research we will develop focuses primarily on the issue of environmental crimes and their respective penalties, whether effectively applied or subject to agreements that allow for the reduction or exemption of sanctions. Environmental law is one of the most discussed topics today, both due to the concern for nature preservation and the repercussions felt by humanity due to the attacks on forests, rivers, seas, air, fauna, and flora. One of the instruments created by the State for environmental protection is the formal criminalization of conduct considered harmful to natural resources, with the definition of crimes and the imposition of penalties. But to what extent is criminal law fulfilling this protective mission provided for in ordinary legislation, based on the mandate defined by the Federal Constitution? The proposed work will seek answers to this question and the measures that the research suggests improving criminal legal protection of the environment. The central objective will be to identify the methods and legal mechanisms adopted to resolve conflicts involving environmental crimes. The result will be achieved through a methodological strategy explained as follows: applied research, whose problem is approached from a qualitative perspective and conducted with an exploratory objective through bibliographic and documentary research procedures.