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In 2020, the Constitutional Amendment Proposal (PEC) nº 32/2020 was presented to the Chamber of Deputies. This Reform seeks to bring new rules applicable to public servants, with a view to altering or excluding certain prerogatives, under the argument of fighting low productivity and the high costs of public servants, thus, the text presents itself with the objective of "modernizing" the Public Administration. One of the central point’s objects of the reform is the institute of stability...

This article aims to analyze the prison system from a gender perspective, through understanding the influence of the logic of a patriarchal society in the execution of custodial sentences for women in the country, seeking to emphasize the need for them to be effective. public policies and legal guarantees that enable the recognition that the punitive system must meet the particular demands related to women's conditions, which encompass biological and cultural differences, among others th...

This paper aims to analyze the social impacts of the incarceration of mothers who are offenders in view of the legislative provisions of alternative, non-custodial measures to comply with the sanctions imposed by the State. Seeking to understand the theories and purposes of penalties and the fundamental rights and guarantees applicable to their fulfillment. It is important to verify what drives these women to become involved in criminality and the seriousness of the crimes they commit. I...

The recorded hipsterism’s of violence against women have roots that have been dragging on over the decades and, to this day, it is a reality in our society. The practices of domestic and family violence against women, and even feminicide, are widely discussed and there are jurisprudence and movements that seek to eradicate these acts and all forms of violence. The peak of the defense of women was reached with the promulgation of the Maria da Penha Law (Law nº. 11.340/06) and its conseque...

This article deals with the historicity of telework and home office, covering from the beginning to the technological advances of the times, listing how the interpretation of article 62, item III of the Consolidation of Labor Laws should be done and highlighting the difference between telework and home office. The research also addresses human and fundamental rights regarding the working day. The article points to the need to control the setting of working hours even for employees who wo...

Over the years technology is advancing more and more, bringing countless benefits to society. However, harm also comes along with this advance. As a negative point of the advance of technology and the Internet we can mention cybercrimes, which generate demand to the legal environment. Among the illegal acts committed on the Internet are crimes against honor (slander, defamation and injury). This article aims to characterize these three crimes and the respective imputed penalties, provide...

Bitcoin appeared in 2008 and revolutionized the way of transacting values and payment methods. Hundreds of cryptocurrencies later appeared and today there are more than two thousand different copies. Technological advances always provide discussions in various aspects and in the area of tax law it could not be different. In Brazil, the complexity of tax rules increases the rates of evasion, and cryptoactives are a potential tool for this purpose. The possibility of taxing newly created t...

This research raises the issue of the importance of discussion and reflection on the issue it deals with, the pet’s shared custody in Brazil, which arise from the dissolution of marriage and the marital bond. It emphasizes the insertion of the animal within the family context, constituting the so-called multispecies family and seeks to analyze the legal treatment given to pets within the family group. In this sense, a doctrinal study is carried out with some jurisprudential decisions, as...

This academic work will address the reality of children and adolescents and the constitutional violations of the adoption institute when the process is lengthy. The increase of children and adolescents in shelters is too high in Brazil, jeopardizing the protection of the right to family life and violating the principle of best interest and full protection of children and adolescents. The exposed study has a bibliographic basis and, initially, it will discuss the history of the adoption i...

The present work aims to present the fundamental principles for a full and dignified life guaranteed in the Federal Constitution and demonstrate the possible violation of its precepts before the legislative determinations regarding the use of genetic materials of persons deprived of liberty for registration purposes in genetic database. The obligation to supply the DNA is determined by art. 9 - Law No. 7,210 known as the Criminal Execution Law and after the promulgation of law 13,964/19 ...

The article analyzes multiparenthood with the new conceptions regarding Family Law. It reports the inherent rights that Children and Adolescents have when they are accused of the multiparental relationship and, in addition, the legal view on this topic. It begins with the evolution of new familiar concepts and guidelines in line with the modernization of society. The new family spheres show that its composition is not only carried out by blood relationships, but by affective ties. The 19...

and verify the possibility of applying Restorative Justice as a new form of social pacification. Therefore, an analysis was made through research through books, websites, documents and authors that defend the practice of new means of conflict resolution that can help to eliminate practices of violence against women And ways that can be effective to neutralize such conducts, based on information collections, data comparison of situations in which victims who suffer or have suffered some ...

Obstetric Violence is a topic that is still little discussed in the academic and social environment, which contributes to the lack of knowledge and inability, even of the victims themselves, to identify transgressions as acts of physical and psychological violence. There is no specific classification and sanction for the professionals who commit the act, and in the face of such a legal gap, the judge has to use different laws, such as the Penal and Civil Code to try to solve specific case...

This article deals with the use of Artificial Intelligence and Jurimetry in the circumscription of provisional emergency tutelage, specifically in the perimeter of hospital treatments, with the intrinsic intention of giving procedural effectiveness. In pursuit of a pharaonic exhaustion, he indulges in the inductive method and uses as a technique bibliographical and documentary research of notorious scholars armed with gnosis and wisdom in the discriminated theme. It is purported that the...

This article aims to analyze the institute of the Agreement of non-criminal prosecution, which came into force in the Brazilian criminal legislation in 2020 through Law 13.964/19, entitled as “anti-crime package”. This agreement was idealized by the National Council of the Public Ministry through the foreign institute plea bargaining, and brought to Criminal Justice the possibility of an agreement between the parties involved, which entails the extinction of punishment of the accused wit...

This is the prenuptial pact of an institute that aims to define the rules that will discipline the patrimony of the bride and groom, and must be celebrated before marriage through a public deed. In the absence of major questions about its general and primary purpose, the discussion proposed in the research concerns the (im) possibility of the spouses, using their private autonomy, to foresee in the prenuptial pact, renouncing the hereditary right over possible assets left due to the deat...

The objective of this work is to evaluate the inexistence or overcrowding of prison facilities serving sentences, as well as to identify whether the sentence serving of semi-open and open regimes in a prison facility or house arrest hurts Binding Precedent No. 56 and the principle of sentence progression . Methodologically, the research has a qualitative character, and it was possible through bibliographic research, which allowed a particular analysis of several works and is justified by...

This article aims to demonstrate the negative tax impacts resulting from the imposition of paragraph 2, article 35, of Law 10.741 / 03 and, with that, to sustain its unconstitutionality and illegality under Administrative and Economic Law. In view of its harmful concrete effects on the economic activities of the Long Stay Institutions for the Elderly (LSIE), of a private nature, and also on the certification of the immunity from taxes provided for in the Constitution of 88, it appears th...

In addition to the physical assets commonly shared at the time of succession, the outbreak of the internet and, therefore, the new technological forms of social interaction, unveiled a lacunaous facet of the Law that needs to turn its eyes to the digital assets subject to transmission, whether economically appreciable or not. Thus, this article seeks to analyze the legal feasibility of recognizing digitally stored assets as a shareable heritage, associated with the forms of transmission ...