Navegando por Assunto "Supremo Tribunal Federal (Brasil)"

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A atuação contemporânea do STF: a fragilização do princípio da separação dos três poderes
(Centro Universitário do Estado do Pará, 2023) Silva, José Adriano Paiva; Lima, Lucas Do Couto Gurjão Macedo; http://lattes.cnpq.br/5423158402903671
El objetivo de este trabajo fue analizar cómo el principio de separación de poderes ha evolucionado a lo largo del tiempo como concepto y cómo el papel del STF en sus decisiones en los últimos años ha aumentado su evidente injerencia en las atribuciones de los demás poderes de la República. Se trató de una monografía derivada de investigaciones bibliográficas en libros, artículos científicos impresos y en línea, reportajes periodísticos, legislación y jurisprudencia. En esta investigación se analizaron inicialmente los fundamentos teóricos que sustentan el concepto de poder, recorriendo su trayectoria evolutiva hasta llegar a la cúspide del poder político. Comenzamos entonces a demostrar quiénes fueron los principales teóricos que desarrollaron este concepto dentro de la filosofía política. Luego discutimos el papel del poder judicial en la época contemporánea, la judicialización de la política y el activismo judicial. Finalmente, buscamos exponer a través de dos casos concretos y emblemáticos cómo el STF viene decidiendo en temas de interés social, en el primer caso mostramos un ejemplo de cómo actuó cumpliendo su papel de guardián de los principios constitucionales, aún cuando la ley en vigor su sentido literal regula valores contrarios a los principios constitucionales. Y en el segundo caso, mostramos un ejemplo de cuando el STF violó claramente estos principios y fue más allá de sus competencias constitucionales al atribuirse prerrogativas que crea en su reglamento interno, pero que no están previstas en la Constitución Federal.
A competência estadual do ITCMD e o Supremo Tribunal Federal: impacto do RE 851108/SP na tributação subnacional
(Centro Universitário do Estado do Pará, 2023) Corrêa, Antonio Rezende dos Santos; Santos, Matheus Hollanda dos; Ferreira, Luciano Cavalcante de Souza; http://lattes.cnpq.br/5475231517227221
The present work aims to verify the impact caused by the decision of the Federal Supreme Court in Extraordinary Appeal no. 851.108/SP, which determined the inability of the States to institute the collection of ITCMD in the cases set out in art. 155, §1º, III. Furthermore, an analysis of the incidence of ITCMD is carried out, as set out in the Federal Constitution of 1988 and Law 5,529/89 of the State of Pará, unraveling its characteristics and incidence hypotheses. Therefore, regarding RE 851.108/SP, this work details the votes of the STF Ministers in order to demonstrate their understanding on the topic. In view of this, a parallel is drawn between the decisions of RE no. 851.108/SP (ITCMD) and RE 191.703 (IPVA), with the purpose of distinguishing the treatment given by Ministers regarding the analysis of taxes. Finally, this academic work presents a critique of the impact and negative consequences caused by the STF's decision on the national tax system, highlighting social inequality and violating the principles that govern tax law.
A dignidade da pessoa humana e a jurisprudência do Supremo Tribunal Federal: uma abordagem crítica à luz da teoria do direito como integridade de Ronald Dworkin
(Centro Universitário do Estado do Pará, 2015-06-30) Viana , Lorena Mesquita Silva; Dias, Jean Carlos; Klautau Filho, Paulo de Tarso; http://lattes.cnpq.br/8078710846499032; Pinheiro, Victor Sales; http://lattes.cnpq.br/0416222855469529
The concept of human dignity refers to a valuable and an indispensable content for the interpretation and structuring of legal reasoning. Nevertheless, there is a general disagreement about the meaning of this concept. Treated by the legal community in an extremely broad and abstract language, the term has been shown from different approaches about its object and extension. Often, legal practitioners have used the concept, especially in hard cases, from metric criteria and as a defense evidence to erase or to an arbitrary restriction of rights, serving to the most various purposes in the legal sphere. On this scenario, depending on the way we understand the law divergence, the nature of the dignity´s concept and the way of interpretation, there will be different consequences for the exercise of judicial functions and to the realization of rights. Thus, by being reduced, or perhaps zero, the amount of studies that question the nature of the divergence in the treatment of human dignity, as well as discuss the moral content of this concept in a broad and integrated perspective, this research is justified for the relevance to understand the normativity of human dignity and to propose a legal reconstruction of the concept, so that its interpretation and application are kept intact and consistent within the Brazilian legal scenario. In these terms and taking the reference of the theory of law as integrity by Ronald Dworkin, the discussion that guides the development of this research is conducted to recognize if the opposing arguments of each legal approach on the notion of dignity would be located on the grounds and the content of this concept, inserting the theoretical mode of divergence. Thus, also questions the interpretive nature of the concept, its role as an interpretive guide and conciliator of moral judgments and, facing the critical analysis of some decisions of the Supreme Court, the judicial approach of the concept of human dignity.
A legitimação fundiária do imóvel público na REURB e sua discussão constitucional (ADI 5.883/STF): teorias socioeconômicas da posse em áreas devolutas e sua aplicação prática
(Centro Universitário do Estado do Pará, 2022) Teixeira, Ricardo Santiago; Bastos, Elísio Augusto Velloso; http://lattes.cnpq.br/9156547826965478; Fonseca, Luciana Costa da; http://lattes.cnpq.br/3383269305393137; Dias, Daniella Maria dos Santos; http://lattes.cnpq.br/1345611606547188
Brazil was colonized by the Portuguese using a Portuguese normative system, based on possessions for cultivation, demarcation, housing and payment of tributes. This is how the Brazilian land system was born, with possessions and their social, economic and labor functions, which is why all Brazilian lands are considered public in their origin. The present study seeks to analyze the possibility of applying urban land regularization, based on the REURB Law (no. emphasis on the prohibition of adverse possession of public lands and absence of compensation for the loss of land. By approaching the subject in a qualitative way, the objective is to better understand the new legal institute of land legitimacy and its constitutional discussion; with applied research, it is intended to find the best solution for land legitimation in public lands and with bibliographic research on doctrines, laws and jurisprudence, an analysis is carried out on themes of constitutional, civil and economic law, emphasized in the theories of the social function of possession and ownership. This analysis is necessary to confront the basic problem, given the constitutional prohibition of adverse possession of public lands, to address the general objectives regarding land legitimation in the REURB, as well as the specific objectives on the original acquisition of property, both public and private lands, and its allegedly affected constitutional confrontations. As it is a topic under constitutional discussion, with great possibilities of directly affecting any occupant of a consolidated informal urban nucleus, the research becomes relevant not only juridically but also socially and economically. In the end, it seeks to identify the extent to which unregistered public property, informally occupied by a private individual, fulfills its socioeconomic function, as well as whether land legitimation could solve this problem of regularization.
A pejotização no Supremo Tribunal Federal: reflexões à luz do trabalho decente
(Centro Universitário do Estado do Pará, 2024-08-26) Peixoto, Karen Dayana Pereira; Brito Filho, José Cláudio Monteiro de; http://lattes.cnpq.br/7823839335142794; Ferreira, Vanessa Rocha; http://lattes.cnpq.br/8565252837284537; Carreiro, Luciano Dorea Martinez; http://lattes.cnpq.br/8883729921865765
This dissertation analyzes the decisions of the Federal Supreme Court (STF) on pejotização, from the perspective of decent work. The objective is to investigate how the STF decisions that endorse pejotization, based on outsourcing, interfere with the promotion of Decent Work in Brazil. The research addresses the STF's position on pejotization, identifying arguments from Ministers and influential legal nuances. It also assesses the influence of these decisions on working conditions and workers' rights, pointing out vulnerabilities and possible violations of minimum labor protection standards. The dissertation clarifies the legal instruments of outsourcing and pejotization, delimiting their characteristics and legal implications. It concludes that, despite the fundamental rights established by the Constitution, infraconstitutional legislation makes labor rights more flexible, creating precariousness. The STF, by legitimizing pejotization as outsourcing, confuses concepts, harming workers and weakening legal protection, compromising the promotion of Decent Work. The research is theoretical and empirical, combining bibliographical review and jurisprudential analysis. On a theoretical level, it reviews doctrines, theories and legal principles on pejotização and outsourcing in Labor Law. Empirically, it examines STF decisions, collecting and analyzing rulings to identify patterns and impacts. The search on the STF website, carried out on December 12, 2023, used keywords such as "pejotização" and "pejotização and outsourcing", resulting in 25 and 24 rulings, respectively. Qualitative analysis interprets jurisprudential and doctrinal data, offering an in-depth and reasoned understanding of the implications of these decisions for Decent Work. The research concludes that the STF tends to validate pejotization via outsourcing, reformulating understandings of the TST and TRTs, but faces criticism about its effectiveness in protecting workers' rights. Analyzing STF decisions, the research reveals arguments and legal foundations, highlighting the need for a specialized Labor Court to correctly distinguish between outsourcing and pejotization, ensuring decent working conditions.
Análise da estrutura pela qual se desenvolve o ativismo judicial brasileiro no âmbito do Supremo Tribunal Federal
(Centro Universitário do Estado do Pará, 2018-12-14) Xavier, Danilo Pereira; Oliveira, Adriano Carvalho; Peixoto, Carla
The judicial activism of the Federal Supreme Court is a current topic whose discussion goes beyond the legal framework. It is observed that the Supreme has been assuming in the last years important political and social role. Subjects with high moral content, controversial, drivers of Brazilian life, have been decided by this Court. Faced with this fact, it is imperative to study the judicial activism that develops within the scope of the Pretório Excelso, because it is a question of studying the decision-making behavior of the one who has the last word in the interpretation of constitutional norms in Brazil. In this context, the present work will focus on the analysis of some activist decisions of the 21st century that involve themes from the most diverse branches of society. To do so, we will first make an exposition about the elements necessary to understand the theme. Then, it will be shown which role falls to the Supreme within the Brazilian constitutional logic. And, later, some emblematic activist decisions will be analyzed. Finally, it will be noted that these decisions reveal, above all, the intrusion of the STF into the sphere of action of the other Legislative and Executive Powers, putting in check the principle of tripartition of Powers and the functionality of the check and balances system.
Atuação normativa: Supremo Tribunal Federal como legislador ocasional
(Centro Universitário do Estado do Pará, 2019) Figueira, Márcio Alves; Araújo, José Henrique Mouta de; http://lattes.cnpq.br/0717263241559819; Dias, Jean Carlos; http://lattes.cnpq.br/3343295176890460; Silva, Beclaute Oliveira; http://lattes.cnpq.br/2567266014708590
The dissertation aims to comment on the normative performance of the Federal Supreme Court (STF), having as an examination outline the explanation of the substantial and procedural currents. In this point of view, the purpose of this document is to clarify the occurrence of the normative action of the STF from the perspective of the integrity of the law. It is worth clarifying, corresponding to the normative performance to the magistrate's procedure of legislating occasionally, using the policy standard and not the principles or rules. Thus, the general objective is to analyze the possibility of normative action by the STF, through an occasional legislation procedure, maximum when of the STF uses the policy standard as a decision parameter. The research was based on the hypothetical-deductive method in a bibliographic study with a qualitative approach. In these terms, integrity adds a paradigm of coherence, indicating not only to examine similar cases in the same way, but to identify the presence of a rational justification model for judicial decisions, based on a principled reading of the entire legal system. The repercussions regulate the imposition of a discernment about the decision parameter used by the STF when pronouncing its judgments. From this point of view, the judgment based on integrity as a decision parameter would outline a constructive interpretation of the law. On the other hand, the application of the policy's decision-making standard, portrays a significant constraint to the democratic regime, requiring an improvement of Democracy, in view of the mentioned distortion. The conclusion imposes a legislative change, through the Proposal of Constitutional Amendment, in a diametrically antagonistic sense to that determined by the STF, translating into the feasibility of the legislative reaction, then the holding of Mandatory Public Hearings, specifically when the STF employs policy arguments remodeled in arguments of principles, acting as occasional legislator.
Controle de constitucionalidade das leis orçamentárias: análise dos fundamentos justificadores do entendimento do Supremo Tribunal Federal
(Centro Universitário do Estado do Pará, 2020) Vasconcellos, Fabio Oliveira de; Menezes, Jorge Antônio Vaz; Oliveira, Adriano Carvalho; http://lattes.cnpq.br/5355929352561798
The purpose of this article is to analyze the fundamentals that justify the understanding of the Supreme Federal Court - STF about the control of the constitutionality of budgetary laws, the alteration of its jurisprudence that operated in time. This Supreme Court, which is the highest institution of the Judiciary, has the duty to make the Federal Constitution effective, as well as guarantee its legal security. The control of constitutionality occurs as an essential instrument to ensure the compatibility of all normative acts and infraconstitutional laws with the Major Charter. Before, until 2003, the STF signaled the impossibility of abstract control of budgetary laws, as it understood that such rules had a formal character or a mere concrete administrative act, therefore it would not be subject to constitutionality control. But from 2008 to the present day, with the judgment of ADI 4.048, the new understanding by which the Supreme Court must inspect the constitutional compatibility of budgetary laws with the 1988 Constitution is consolidated, without necessarily disregarding the harmony between the powers.
Direitos políticos-eleitorais das mulheres: sub-representação, financiamento e fraude nas políticas públicas
(Centro Universitário do Estado do Pará, 2019-05-31) Oliveira, Pedro Henrique Costa de; Freitas, Juliana Rodrigues; http://lattes.cnpq.br/0679636700210902; Reis, Daniel Gustavo Falcão Pimentel dos; http://lattes.cnpq.br/4589353032538080; Carvalho Neto, Tarcísio Vieira de; http://lattes.cnpq.br/6444976701043030
The political rights of women are undeniably a category of human rights, resting solemnly on the main international treaties ratified by Brazil. In spite of the recognition of these rights, it is worth noting the female under-representation in the Brazilian Legislative Houses, in spite of representing the majority of the population and the electorate. With a view to encouraging female participation in politics and changing this framework, the ordinary legislator instituted so-called "gender quotas" in the lists of candidates for councilor and deputy (state and federal), obliging political parties and coalitions to respect the minimum percentage of the 30 per cent gender application since 1997. Since its implementation, the framework has hardly changed: Brazil continues to be one of the worst countries in the world in terms of women's representation in parliament. In this context, the dissertation aims to analyze the policy of affirmative action of electoral quotas of gender implemented in Brazil. It discusses the (in) effectiveness of the legal framework that regulates this public policy in the country, drawing attention to the cases of fraud perpetrated by the political parties themselves, in order to maintain the status quo of male hegemony in the political elite in Brazil. Considerable progress will be made in case-law promoted by the Federal Supreme Court and the Superior Electoral Court through cutting-edge judicial decisions on the subject, be it in the implementation of public policies to promote women's political participation or in the imposition of very serious penalties on parties that violate the mandatory observance of the gender quota, such as a cassation of an elective term and annulment of the votes obtained. Finally, it is pointed out that the regulation of an equitable distribution of financial resources to women candidates – with the imposition of sanctions on parties that fail to comply with these legal forecasts – coupled with the mandatory presence of women in the direction of party associations, may contribute to greater equality between men and women.
Foro por prerrogativa de função: uma análise voltada ao Supremo Tribunal Federal e a necessária alteração da garantia
(Centro Universitário do Estado do Pará, 2018-06-19) Tandaya, Vanessa Matos; Farias, Klelton Mamed de; Lima Filho, Eduardo Neves
This undergraduated thesis is scoped to analyse specific points of the broad debate which already occurs for decades about the legislative immunity. The work starts showing how this Institute was introduced in the Brazilian legal system, how was your scope and what are the reasons that led the Brazilian constituent increase significantly the list of beneficiaries by parlamentary immunity. Therefore, explains himself about problems arose on the subject and that had to be discussed by the Brazilian Supreme Court since this has the scope of the guardian of the Constitution, notably to both landmark and three very important judged that somehow changed the understanding which had about the Institute. Parses the arguments used by scholars to defend the maintenance of the legislative immunity, as well as to defend the exclusion of warranty of the Brazilian legal system. I thought important to bring practical examples also experienced currently by the judiciary, and, specifically, for example, demonstrating the accumulation of procedural situation experienced by the Supreme Court, generating, by as a result, prescription and impunity. Finally, I express my critical thinking about the debate, as well as a possible workaround to the problem.
Inquérito das fake News: uma análise da argumentação jurídica da Suprema Corte e do ativismo judicial à luz da filosofia política de Scott Shapiro
(Centro Universitário do Estado do Pará, 2023) Kato, Felipe Oliveira; Coimbra, Alissa Tavares; Fadel, Anna Laura Maneschy; http://lattes.cnpq.br/6679138259126229
This article aims to analyze, in the light of Scott Shapiro's political philosophy and his theory of law, the existing judicial activism in Brazil, both in the legislative and procedural spheres, in order to try to answer the limits between arbitrariness and effective compliance. of the legal duty exercised by the Supreme Court. For this purpose, the deductive method was used, that is, through materials such as books, websites, articles and magazines, it may be possible to carry out the necessary bibliographical research so that the conclusion of this study could be reached. Thus, we aim, from the Fake News Inquiry and the analysis of the STF's legal arguments, to debate, question and question the granting of excessive power to the judiciary to the detriment of other powers, a fact that results in disproportionality and disharmony between the three existing powers. In addition, it is intended to demonstrate how judicial activism interferes too much with life in society and affects the Law by promoting an affront to the legislature, normative texts and the Federal Constitution itself. It was concluded that judicial activism is an affront to democracy, as well as it is observed that legal texts are damaged by the excessive use of the interpreter's discretion and the inflation of the judiciary, as advocated by Shapiro.
Teoria da cegueira deliberada como fundamento na condenação por lavagem de dinheiro: uma análise do voto da ministra Rosa Weber na ação penal 470
(Centro Universitário do Estado do Pará, 2019-06-03) Coelho, Samuel Lucky Lucyano Novaes; Farias, Klelton Mamed de; http://lattes.cnpq.br/5520066652510124; Alves, Verena Holanda de Mendonça; http://lattes.cnpq.br/6473788796313910
This study aimed to analyze the theory of deliberate blindness, of Anglo-Saxon origin, with the Brazilian legal system. The work is part of the Minister Rosa Weber in Penal Action 470 and the founders of the conviction to criminal law for the crime of money laundering, based on the theory of deliberate blindness and the objectives pointed out in its application. And then, successing two problematic in relation to the vote of the Minister, being a first order of comparative law, and a second, of dogmatic nature. As a monograph, that is, a bibliographical research of its doctrinal and jurisprudential columns on the presented theme, the presente work sought to describe a way of pronouncing on the theory of blindness as a whole. American and Spanish, demonstrating a lack of uniformity in which science has been applied by these countries. Finally, it was useful to analyze the theory of blindness deliberated by the Brazilian legal system, especially in the contours of the deceit figure, and its importation is eminently possible. In order to fulfill this goal, to a certain extent sources of information, highlighting the books, scientific articles and sites that advertise jurisprudence.