DSpace JSPUI

Medical error is an interdisciplinary topic that's particularly relevant in the field of Law. This study's general objective was to discuss the limits of criminal liability for medical error in the negligent modality, specifically due to imprudence and negligence. Aspects related to medical errors were discussed, as well as the analytical concept of crime and the actual punishment suffered by these professionals when committing such negligent crimes. The methodology was explanatory and q...

This article analyzes the vulnerability of elderly consumers in digital consumer relations, highlighting the need for legal protection. With digitalization, elderly people face high risks of fraud and abuse, and hypervulnerability is a central concept to understand their fragility in this context. The study aims to analyze the hypervulnerability of elderly people, examine the relationship between overindebtedness and digital adhesion contracts, and evaluate the application of civil liab...

The purpose of this article was to carry out a subjective study in order to collaborate with the study of the problem about obstetric violence from the prenatal period to the postpartum period and the lack of legislation at the federal level, caused by negligence, violence physical, verbal and psychological that go beyond obstetricians and their team, based on the cultural problem of gender, race and economics so that legal professionals find viable and applicable solutions to the materi...

The impartiality of the judge in his ex officio performance has enormous influence and impact on the fulfillment of the decisions coming from the magistrate. For this reason, guaranteeing the effectiveness of decisions issued within the principles legally established includes, directly, the determination of inductive, coercive, mandatory or subrogatory measures necessary in the respective process with the main purpose of ensuring compliance with the court order. Among the countless juris...

Human rights are at the heart of contemporary social issues. They are affirmed and continually violated, despite being references for the construction of democratic human societies. The present study is based on an analysis of public policies for access and recognition of LGBTQI+ communities in the school environment and, thus, examines the existence of access rights through theoretical, bibliographic research and empirical evidence based on the constitutional assumption of that equalit...

Brazil currently has a high incarceration rate. As a country that is concerned with punishment, even if this means disrespecting certain individual guarantees. It is at this point that the discussion about a minority arises, which are pregnant women, mothers, and their children who live incarcerated. Through this minority, Habeas Corpus 143.641 was introduced by the Supreme Court, aiming at the conversion of the closed regime to the home regime for women who are under the power of incar...

The present work aims to show the disparity that exists between the institutes of maternity and paternity leave existing in Brazilian legislation. The question is how this leave influences gender inequality and hinders equity between women and men in the labor market. Women's difficulty in seeing their social importance recognized and that housework and child care are not only women's obligation. Considering all these points, the implementation of parental leave will be analyzed to reduc...

Much is questioned about the rights of animals, considering the scientific definition that they are beings that do not have intelligence. However, the most recent understanding addresses that they are beings that enjoy sentience, which is the ability to feel and act in a certain way so that some need is satisfied. From this point of view, animals must have their physical integrity respected by human beings, and the paradigm of man's superiority over animals must be completely broken. The ...

The The present study was elaborated in order to analyze the minor offender as a consequence of the different types of abandonment, seeking to understand the reflexes that impact on the increasing criminalization. The research seeks to collaborate in the investigation of the impact of the influence of family and social life on the development of adolescents in conflict with the law, in addition to the scarcity of guarantees offered, since a large part of the apprehended young people suff...

The work refers to the main changes brought by Law 14.188/2021, which aims to more rigorously penalize psychological violence against women, being typified in article 147- B of the Brazilian Penal Code. In this work, it was verified the causes and consequences that the problem of this type of violence has been causing in its victims, as well as elements that characterize this criminal type. This work is justified based on the large increase in femicide generated mostly by violence in rec...

Currently, in the Brazilian legal system, there are unconstitutional criminal offenses, arising from a process of segregation of social classes, which aimed at social hygiene. In view of this, questions arise about the binding of the legislative power to institutionalized prejudice and the possible consequences of this Law. Thus giving rise to the term “policy of good manners”, which legitimizes racial prejudice through the law. However, there is a need to carry out an in-depth analysis ...

This research aims to critically and interpretively analyze cases of mitigation of the principle of inviolability of the home, especially in cases of drug trafficking, with forced entry into the investigated person's home without a court order. To this end, some guiding principles of the Brazilian criminal procedure will be analyzed in relation to the aforementioned theme, based on the doctrinal exposition. In addition, the research addresses the criminal system in the light of the Drug ...

The principle of the sovereignty of verdicts is applied in all legal proceedings that follows the rite of the jury court, which means that in the trial session the verdict delivered by the Jury Sentence Committee must be respected by the Presiding Judge, who isn’t allowed, even if not agreeing with it, to give a different thecnical application when sentencing than what was decided by the jurors. This principle is also applied to the judgements given by higher courts in appeal processes. H...