Sistema Regional de Información
en línea para Revistas Científicas de América Latina,
el Caribe, España y Portugal

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The increase in the number of refugees in the world today has evidenced an immigration crisis: thousands of people as refugees searching for new homes. In Brazil, the legal regime was established by Statute 9.474, which enlarges the definition of refugees (article 1). However, the legislation presents new possibilities of exclusion due to heinous crime committed, terrorist acts and drug trafficking, without specific provision in the Convention of 51. The study will show that the exclusion clause in the Statute 9497, art. 3 discloses a criminal policy interference that violates the international protection of human rights. The crime analysis by the exclusion clause can violate the refugee’s institute that is established in Human Rights International Conventions, especially de non-refoulement principle. Considering the international refugee protection as part of the human rights, it can not be conditioned to the interference of the national criminal policy. We may conclude that the interference of criminal law in the concept of refugee reveals a weakness of the protection of human rights to which Brazil has committed itself under international treaties.

The performance of the Public Defender’s Office in favor of the the non-hypossuficient defendant in criminal proceedings raises several doubts regarding the possibility of charging for the public service rendered. The thesis developed here reveals that the prediction contained in the current criminal procedure code does not adequately contemplate the new constitutional guise in which the Public Defense is set up. It does not make sense to develop atypical activities of the institution without the possibility of specific prediction of their just retribution. The reforming constituent made possible the emancipation of the institution, and its managers had the initiative of legislative adaptation to the new reality lived.

This article deals with the case of the Xucuru Indigenous People, which was initially submitted to the Inter - American Commission on Human Rights, prior to the conviction of Brazil by the Inter - American Court of Human Rights. The main objective of the study is to analyze the consequences of the factual situation ascertained by the Report on the Merits nº 44/15 of the HDI Commission, which concluded that Brazil violated several provisions of the American Convention on Human Rights and the American Declaration of the Rights and Duties of Man. As a result of the violations, recommendations were issued to the Brazilian State, which, once unfulfilled, led to the submission of the case to the Inter-American Court of Human Rights, with the consequent subsequent conviction of Brazil. It is concluded that Brazil could not only as it should have complied with the Recommendations of the HDI Commission, not only for the good faith that must govern international relations, but also because the predictable subsequent condemnation by the Inter-American Court has been even more damaging to Brazil’s image.

This article aims to analyze the ethos of presidents of the United States of America in speeches delivered at the UN General Assembly, from President Harry Truman to President Donald Trump. At first, an analysis of the rhetoric in the construction of ethos will be performed, as the character of the speaker, as the image that it transmits to his audience. Thus, the analysis of the means of persuasion, of the essential characteristics of the speaker, and the existence of a pre-discursive ethos and a discursive ethos will be fundamental for a second analysis of the ethos of the American presidents. Rhetoric is an important tool used in international law, through which countries establish their relations, their interests, and their negotiations in the international system.

This paper deals with the emergence and application of the voluntary environmental agreements, focusing on their use in the Brazilian legal order, through a commitment to conduct adjustment. Initially the paper works with the conceptual idea, characterization and necessity of the instrument of co-regulation in favor of the protection of the environment under the European Community and the Brazilian Legislation. Then, it seeks to highlight the contribution of the adoption of alternative instruments in promoting the principle of access to justice and greater efficiency in judicial protection. Finally, it analyzes the new mechanisms in the solution of the environmental conflicts that aim the citizen participation, the strengthening of democracy and the stimulus to social pacification, leading to a reflection on the implementation and effectiveness of the agreements in search of prevention and reparation of environmental damages.

This study proposes a reflection about prision as an environment of disrespect for gender and sexuality differences, and is therefore a space destined to the violation of the most sensitive and intrinsic human rights of the individual, those that orbit human complexity itself. Most national prisons do not have specific accommodations for the LGBT population deprived of their liberty, and this minority group is susceptible to the worst barbarism, torture and violence committed by other inmates. Prison as an institution of disrespect for sexual differences thus impresses the pain and suffering of those people who are imprisoned in a place that does not observe gender and gender issues, forcing them to live together with people who do not respect diversity and sexual freedom.

The purpose of this article is to outline conceptual, historical and legislative statutes on Food and Nutrition Security within the scope of Law, debating the current agricultural model of developing countries, especially Brazil and Chile, pointing out the harmful environmental impacts of the indiscriminate use of pesticidis and discuss the Poison Package (PL nº 6.299 / 2002) and its legislative opponent PNaRA (PL nº 6.670/16).

This article presents a study of the legal income criteria used for granting the welfare benefit payed to welders and disabled people. It starts with a short historical analysis of the benefit, highlighting the main changes in jurisprudence regarding, especially, the interpretation of the law nº 8742/1993, article 20, §3rd, and the variations on its definition as legal presumption juris et de jure or juris tantum. Then, the article studies the judgment given by the Federal Appeal’s Court in the 4th Region (TRF4) in the IRDR 5013036- 79.2017.4.04.0000/RS, stablishing absolute presumption of misery when the family income per capita fits the legal criteria determined by the law.

The objective of this monographic work is to demonstrate the importance of the effectiveness of the fundamental norms - normative force of the principles - foreseen in the General Part of the new Brazilian Civil Procedure Code - CPC / 2015 - insofar as there is the adequacy to the specificities of the public civil action, especially with regard to adequate representation. Through a bibliographical review, the work is developed in the following topics: public civil action as special procedure, historical brief, protected object, collective litigation; the fundamental rules of the new civil procedure code; collective litigation and the effectiveness of fundamental rights norms. It is hereby adopted the understanding that the public civil action is a special procedure due not only to the collective rights latu sensu that has as object of tutelage, but also as a result of the collective litigation that is presented to the State-judge; however, that such an argument can not be sustained to the point of removing the discipline of the collective proceeding by the civil procedure code.