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URI Permanente desta comunidadehttps://repositorio.cesupa.br/handle/prefix/25

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Direito ao consentimento do consumidor na LGPD: uma análise a partir da harmonia nas relações de consumo e da função social da empresa
(Centro Universitário do Estado do Pará, 2021) Dias, Ivyna Pinheiro; Dutra, Yasmin Oliveira Gonze; Bonna, Alexandre Pereira; http://lattes.cnpq.br/2997791932118215
This article aims to address the impact of consumer consent on the processing of personal data, based on the General Data Protection Law - Law No. 13.709/2018, analyzed through consumer relations and the principle of the company's social function. The issue to be analyzed refers to the relevance of the principle of balance in consumer relations, given the duty to realize the fundamental rights and guarantees of the consumer, simultaneously with economic, social and technological development in the country, in order to comply with the premise of the function the company's social. Thus, initially, consent is presented as a fundamental right of the consumer, as the first authorizing hypothesis for the processing of personal data. Afterwards, the need to apply the principle of the consumer's right to information is demonstrated, about equity and harmony in consumer relations in the interface of the processing of personal data provided by that law, in view of the significance of economic and social development and technological by the enactment of that law and the Consumer Code. Finally, the objective is to demonstrate the relevance of the principle of the company's social function for the occurrence of a balance between business activity and consumer rights, aiming to reconcile the highlighted principle with collective well-being and social legal protection, from of profitable production in business societies or entrepreneurs.
Discurso de ódio nas redes sociais e responsabilidade civil: possibilidade de sanções extra pecuniárias para a ampla reparação da vítima
(Centro Universitário do Estado do Pará, 2024) Medeiros, Enzo Augusto Gonçalves; Silva, Ivan Gabriel Paiva da; Bonna, Alexandre Pereira; http://lattes.cnpq.br/2997791932118215
The present article aims to research the analysis of personality damage caused by hate speech on social media and to seek other means of sanction for its reparation beyond pecuniary restitution, as the application of the latter is not sufficient to fully repair the damagesuffered. The goal is to produce a critical analysis of issues such as civil liability related to freedom of expression, as well as its limits. Regarding the methodology used, it will be classified as descriptive, as it aims to describe how preventive civil liability can be used as a mechanism to curb the practice of such speech. This study will be conducted through bibliographic research in books, articles, websites, etc. It also aims to analyze how hate speech is closely related to moral damage and how it can be held accountable through appropriate conflict resolution mechanisms, in addition to other forms of damage reparation beyond monetary compensation. In summary, regarding the research results, we conclude that the effectiveness of civil liability depends on the adoption of mechanisms that seek to restore the victim to the status quo prior to the damage, going beyond simple monetary compensation. However, the existing obstacles on this topic often prevent the expected results from being properly achieved. Finally, to overcome the presented challenges, it is essential to explore options such as the creation of explicit legal provisions or binding jurisprudence.
Herança digital no Brasil: transmissão post mortem de bens digitais
(Centro Universitário do Estado do Pará, 2022) Pimentel, Ana Carolina Costa; Bentes, Yasmin de Kós Sales; Bonna, Alexandre Pereira; http://lattes.cnpq.br/2997791932118215
Nowadays, it is indisputable that technological digital media have, over the years, gained prominence in human relationships. From shopping and banking to entertainment, the list of what can be done in the digital environment is extensive. Thus, the era of digitalization of human relations is experienced, with the transformations that the technological advent has provided to society being manifest. In this scenario, movies, music, books, and photos are just a few examples, among many others, of the items that in contemporary times can fully exist in the computer environment. Therefore, in view of the foregoing, it is necessary to investigate the following question: To what extent is it possible to apply the rules of inheritance law on digital assets and inheritance? Aiming to understand this question, the present work will use the deductive method, starting from general and true premises to the particular premises, ending in logical conclusion. Thus, the first chapter will seek, through qualitative bibliographic research, to define the principles to conceptualize the phenomenon of digital goods, observing the related norms in the Brazilian Legal Order.
Responsabilidade civil e fake news: a atuação da educação digital na prevenção aos danos causados pela desinformação
(Centro Universitário do Estado do Pará, 2021) Santos, Israel Buna Lima; Nascimento, Lucas Amorim Cunha do; Bonna, Alexandre Pereira; http://lattes.cnpq.br/2997791932118215
This article seeks to understand the phenomenon of fake news and its effects in the legal field with regard to civil liability. The objective was to understand the aspects that involve the theme and identify how Digital Education can act as a way of acting for Civil Liability in these cases. For this, the text addresses the fundamental right to freedom of expression and its relevance in conflicts involving false news, the types of civil liability and its functions in our legal system, damage and its configuration in the digital environment. After this analysis, it was possible to identify that digital education can act as a way to prevent the damage caused by Fake News, being a preventive action of Civil Liability. It is a reflection of a problem that is still recent and, therefore, without any pretension of conclusive answers.
Responsabilidade civil pela perda de uma chance: uma análise do caso Christian Esmerio x Clube de Regatas Flamengo
(Centro Universitário do Estado do Pará, 2024) Alves, Marcelo Almeida; Bonna, Alexandre Pereira; http://lattes.cnpq.br/2997791932118215
The article approaches the case Caso Christian x Flamengo in light of the theory of loss of a chance. The objective is to investigate the possibility of applying the theory in question in the mentioned case, however, to illuminate from a doctrinal point of view a solution to similar demands. To this end, the study initially addresses the general notions of the theory of losing a chance, identifying its assumptions and its basic characteristics, then analyzes the Ninho do Urubu episode and the singularity present in the situation of the player Christian Esmerio, and then , investigate whether your case could be resolved through the lost-of-a-chance theory. The research concludes that the litigation involving the family of the deceased athlete and the Flamengo meets all the doctrinal and jurisprudential requirements for the application of the theory of loss of a chance. Furthermore, the study allows us to conclude that both in the specific case and in similar demands, for a better application of the thesis, judges must resort to technical expertise specialized in statistical science, making it possible to reach a complaint that better approximates the opportunity that was lost. The research is theoretical and uses the hypothetical-deductive method, through data collection and examination of books, articles, dissertations, theses and imports to enable the achievement of results.

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