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Revista Eletrônica do Curso de Direito da UFSM
ISSN 1981-3694 · Universidade Federal de Santa Maria · 518 articles in the index
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Journal Article
THE INVISIBLE ONES IN THE ISLAND OF DESTERRO: THE NEW FLOWS OF IMMIGRANTS AND REFUGEES IN FLORIANÓPOLIS
This work seeks to identify the peculiarities of the recent international migration flows to the region of Great Florianópolis, whose multiplicities have led to a reconfiguration of the demographic profile of the capital of Santa Catarina. The research, carried out in the period from 2015 to 2017…
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Journal Article
STATE INTERVENTION FOR MICRO AND SMALL ENTERPRISES AS AN EFFICIENT SOCIAL PROMOTION INSTRUMENT
Among the public policies aimed at the socioeconomic development of a country, is that of encouraging micro and small enterprises, through different treatment provided to them, including at the Constitutional level. Complementary Law No. 123/2006 establishes a series of benefits for…
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Journal Article
A DESCONSIDERAÇÃO DA PERSONALIDADE JURÍDICA SOB A ÓTICA DA ANÁLISE ECONÔMICA DO DIREITO
A pesquisa a seguir se propõe a relacionar a teoria da Análise Econômica do Direito com o instituto da Desconsideração da Personalidade Jurídica no sistema jurídico brasileiro a partir de sua positivação pelo Código de Processo Civil de 2015. Analisar-se-á, inicialmente, a Análise Econômica do…
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Journal Article
COMPETENCES OF VENEZUELA’S SOCIAL SECURITY: LOST OPPORTUNITIES AND NEW PATHS
In the first part, the reader has a reference mark that handles factors that influence any system of social security, as globalization, demographic change, individualism, technologic change and an economy based on information and services; The second part approaches Venezuela’s situation…
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THE CONSEQUENCES OF THE DEMONIZATION OF PLURALITY IN SCHOOLS UNDER THE STATUTE OF SEXUAL
It is notorious the growth, in brazilian social scenario, of attacks towards sex and gender education in schools. The fighters of the called “Gender Ideology” hold that the teaching aimed at accepting and discussing plurality is a mistake, that confuses and impairs the development of children and…
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Journal Article
BLACK FEMINISM IN BRAZIL AND FIGHT FOR RECOGNITION: A DIALOGUE WITH NANCY FRASER'S THEORY OF JUSTICE
This article aims to analyze the process of social invisibility suffered by black women in the light of Nancy Fraser recognition critical theory. The article presents the following problematic: How does the politics of redistribution and recognition proposed by Nancy Fraser contribute to the…
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Journal Article
EFFECTS OF THE MARIJUANA LIBERATION ON THE ENVIRONMENT
The aim of this article is to analyze the effects of marijuana on the environment. The scientific research used the comparative and deductive methodology. The former through the legislation of other countries. The latter through bibliographic and documentary research, the first one with the use of…
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Journal Article
EFFECTIVENESS OF CEDAW RECOMMENDATIONS AND PUBLIC POLICIES FOR PROTECTION OF MATERNITY AND WOMEN'S HEALTH IN BRAZIL
This original article aims to answer the following research problem: in what way do the initiatives proposed by the Committee for the Elimination of All Forms of Discrimination against Women are applied in Brazil? The discussion addresses theories such as women's health care in Brazil and public…
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Journal Article
THE LEGAL HERMENEUTICS IN HANS KELSEN AND THE CRIMINALIZATION OF HOMOPHOBIA AND TRANSPHOBIA
This research has as object of study, in light of the legal hermeneutics in Hans Kelsen, the judgment of the Direct Action of Unconstitutionality for Omission 26 and Writ of Injunction 4733 that dealt with the criminalization of homophobia and transphobia in the Supreme Federal Court. The first…
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Journal Article
CRITICAL ANALYSIS OF THE LIBERAL IDEA IN THE TRAJECTORY OF LATIN AMERICAN CONSTITUTIONALISM
The Latin American Constitutionalism, as in the whole Occident, was based on Liberalism. The incidence of these two political movements manifested some peculiarities which reflect the way Latin America consolidated its institutions and political doctrines. The political processes and the cultural…
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Journal Article
MEDIATIC CRIMINOLOGY: A STUDY CASE ABOUT THE TELEVISION NEWS CHANNEL “CIDADE ALERTA” OF REDE RECORD TV
The present essay intends to present the mediatic criminology and violation of rights theme, with the purpose of observing the effects of the phenomenon of media manipulation through the opulent discourses given by the moral entrepreneurs in public broadcasting service and also its effects in the…
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PROTECTION OF INDIVIDUALS AND PRIVATE CENSORSHIP: THE JUDICIAL REVIEW ON THE LIMITS OF FREEDOM OF SPEECH
One of the basic principles of contemporary democracies is freedom of speech. The plurality of politics, religion and thought that marked the development of the West made the assertion of democracy as a rule coupled with the affirmation of some fundamental freedoms. However, freedom of speech is…
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Journal Article
THE ROLE OF THE MAGISTRATE AS A DISTRIBUTIVE JUSTICE AGENT IN CRIMINAL PROCEDURE UNDER THE DOCTRINE OF JOHN RAWLS
This article aims to demonstrate the mission and identity of the magistrate as an agent of effective distribution of justice within the Criminal Procedure. To this end, it will be based on the Theory of Justice as Equity, elaborated by John Rawls, with the methodological scope of making a…
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Journal Article
FROM THE GIORGIO AGAMBEN´S EXCEPTION TO THE PLANETARY CONSTITUTION OF FERRAJOLI: CHALLENGES IMPOSED BY THE NEW CORONAVIRUS PANDEMIC TO TRADITIONAL LEGAL-POLITICAL CATEGORIES
The article proposes to make a review of some of the main theoretical positions produced so far about restrictive freedom measures and the state of emergency recognized as a result of the new coronavirus pandemic, seeking to establish a dialogue between the thought of different authors who, even…
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Journal Article
ERICH FROMM AND THE CRITIQUE OF PUNISHMENT: INTERTWINING BETWEEN PSYCHOANALYSIS AND CRIMINOLOGY FROM THE SOCIETY CRITICAL THEORY
The essay aims to explore the criminological work of Erich Fromm, in particular to establish conceptual parameters for the analysis and critique of the traditional theories of the legitimation of the punishment, adopting a dialectical and interdisciplinary approach from the critical theory of…
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Journal Article
LIBERTY: THE POSSIBILITY CONDITION OF PLURALISM FROM RAWS’ THOUGHT
How to establish rules for coexistence between a person who has a religious faith and another one who does not have any faith? This essay proposes that the concept of liberty is the basis of a plural society. According to John Locke e John Stuart Mill, this paper reconstructs the concept of liberty…
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WHO IS THE VULNERABLE AND “HYPO-SUFFICIENT” WOMAN? IN DEFENSE OF GENDER AS A DECOLONIAL CATEGORY FOR LEGAL INTERPRETATION
The purpose of this study is to analyze how Law 11340/06 is applied by the Superior Court of Justice. To this end, it examines 18 decisions, drawn from the use of the terms "hypo-sufficiency and vulnerability" found in the thesis database of its jurisprudence for the interpretation of the law in…
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THE INCREDIBLE SINGLE CASE DOCTRINE: ANALYSIS OF THE STATE OF UNCONSTITUTIONAL AFFAIRS IN ADPF 347
The article intends to make a dogmatic analysis of ADPF 347, a judicial precedent that inserted the category State of Unconstitutional Affairs (SUA) in the interpretative canon of the Brazilian Constitutional Law. The creation of said category implies the delimitation of its elements for their…
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COMPLIANCE WITH THE DECISIONS OF THE INTER-AMERICAN COURT OF HUMAN RIGHTS IN BRAZIL: DIALOGUE WITH THE IMMEDIATE APPLICABILITY OF THE DEFENSE STANDARDS OF FUNDAMENTAL RIGHTS AND GUARANTEES
The article discusses the incorporation and enforcement of provisional measures and rulings of the Inter-American Court of Human Rights in Brazilian law. Understanding the historical-normative evolution and the current hierarchical conflict between the norms of domestic law and the American…
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Journal Article
LEGAL MITHOLOGIES OF THE ADMINISTRATIVE STATE: GENEALOGICAL CRITIQUE OF THE CONCEPT OF PUBLIC INTEREST
This article carries out a genealogical critique of the Administrative State’s main founding myth: the concept of “public interest”. Considering Michel Foucault’s archeogenealogical method, it takes into account the historical development of the concept of public interest to demonstrate that…