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

Este artigo buscou identificar e descrever os benefícios do teletrabalho, especificamente no âmbito financeiro, por meio de uma análise comparativa das despesas de custeio antes e após a sua adesão durante o período de Pandemia de Covid-19 em um TJ de pequeno porte. Para isso, realizou-se uma pesquisa exploratória e descritiva que fez uso da análise documental para avaliar os Relatórios Anuais de Desempenho do Plano de Logística Sustentável referentes aos períodos de 2017-2019 (pré-pandemia) e 2020-2022 (durante a pandemia, em que se aderiu ao teletrabalho) considerando os indicadores: gasto com copos descartáveis, energia elétrica, água e esgoto e telefonia móvel. Ao final, concluiu-se que durante o período de teletrabalho ocorreu uma considerável redução de consumo destes materiais/serviços. No entanto, alguns indicadores não apresentaram redução de gasto mesmo evidenciando redução de consumo, devido ao aumento do valor da tarifa dos serviços.

This study addresses the practice of "chacreamentos", characterized by the acquisition of large rural lots subdivided into smaller lots, often with less than 20.000 m², which violates the current legislation. The main concern is urban expansion without planning, without environmental impact studies and without adequate public oversight, besides the question of the legal validity of this type of business. Thus, this study had as its main objective to carry out a brief survey of the cases of "chacreamento" in the city of Umuarama/ PR. The specific objectives were: to understand the reasons for the acquisition of rural land that was irregularly fractional; to identify the (in)existence of basic infrastructure and the purpose of land use in the short, medium and long term. For this, an interview was conducted with eight owners of land with extensions below twenty thousand square meters. The results show that respondents acquired rural properties for housing, leisure and investment purposes. In addition, it was possible to identify that the land is not supervised by public authorities and that it does not have adequate infrastructure for the purposes for which it is intended.

This paper aimed to analyze the quality of a democratic regime versus the legal basis necessary to sustain the aforementioned system of government. Legality is a dimension of democracy composed of rules, which must be obeyed by everyone, so that, with this, the “political game” can be fair, inclusive and participatory. The influence of financial power in distorting the balance and fairness of the political-electoral process was also particularly debated. The methodology used to prove the theoretical foundation exposed was the econometric. In this quantitative approach, data from international reports condensed by The Quality of Goverment Institute (QoG) were handled, which allowed inferences and proof of the formulated hypotheses.

The text recognises the three types of agency problems present in the corporate structure: a) those arising from conflicts between directors and shareholders; b) those arising from conflicts between controlling and minority shareholders; c) those existing between creditors and the company (and its shareholders). It recognises that in Law 6.404/1976 there is a duty imposed on the controlling shareholder who, in addition to dominating the shareholders' meeting and electing the majority of the directors, must ensure that the company fulfils its social function and achieves its corporate purpose, verifying its own activity, as well as that of the directors, in order to prevent or correct defects in the exercise of their functions, measured by their legality or administrative convenience. This power and duty to lead the company directly or indirectly is shaped by the duties imposed on the controlling shareholder, with special emphasis on the duty of loyalty. The controlling shareholder's civil liability is mobilised as one of the possible sanctions in the event of non-compliance with their duties of loyalty. Translated with DeepL.com (free version)

O presente artigo analisa as espécies normativas que foram extintas no ordenamento jurídico brasileiro e que já não mais se coadunariam com a ideia de um processo legislativo democrático. Adota-se o recorte temporal de dois períodos autoritários: a Ditadura do Estado Novo (1937-1945) e a Ditadura Civil-Militar (1964-1985). Apresentam-se os seguintes tipos de normas: os decretos-leis, as leis constitucionais, os atos institucionais e os atos complementares. A pesquisa se valeu da revisão bibliográfica e levantamento documental. Para isso, foram utilizados os textos constitucionais a respeito de cada uma das espécies normativas e a literatura de cunho historiográfico que permitiu a reconstrução de como a legislação era produzida no passado autoritário. O artigo conclui que, independentemente da denominação dada à espécie normativa, em um Estado Constitucional, a função legislativa somente será democrática se atribuída aos parlamentos, nos moldes descritos no texto.

This article examines the political repression faced by Indigenous peoples in the Brazilian state of Mato Grosso do Sul, through the lens of transitional justice studies and the legal controversy surrounding the timeframe thesis for land demarcation. The central objective is to demonstrate how Brazil’s democratic transition failed to include Indigenous peoples in its reparation mechanisms, perpetuating institutional violence and state omission, particularly in territorial matters. The methodology employed consists of qualitative and documentary analysis, drawing on official reports from the National Truth Commission (CNV), the Indigenist Missionary Council (CIMI), legal actions by the Federal Prosecutor’s Office, and documents issued by international human rights bodies. The findings reveal that Mato Grosso do Sul has the highest rates of Indigenous homicides and suicides in the country, a legacy of state violence intensified during the military dictatorship and unresolved since the 1988 Constitution. The article argues that the timeframe thesis poses a legal barrier to the enforcement of original land rights and that the absence of transitional justice mechanisms specific to Indigenous populations contributes to ongoing conflict. The recognition and demarcation of traditional lands are presented as essential measures for historical reparation and social justice.

The article proposes to analyze and interpret basic consumer rights from the perspective of Economic Analysis of Law. The dysfunctionality caused by the excess of information and those responsible for consumer education, notably children and adolescents, are lost. It aims to analyze the possible offense to the free initiative of supplier-entrepreneurs and to competition in the face of the restrictions of certain commercial and contractual practices. We seek to investigate the format of civil liability along the lines established in the Consumer Code and the problems of social costs and ownership of reparatory and indemnity rights. The objective is to examine the effects of the right to broad and unrestricted access to justice, notably in relation to the supplier's information asymmetry and the congestion of the judiciary. Supported by the deductive method, the article argues that legislators and judges must be encouraged to act in cooperation and reciprocity to achieve the real purpose of the economic order and the objective of consumer protection.

This article examines the collection of Ethiopian manuscripts donated by Enrico Cerulli to the Vatican Apostolic Library in 1954. Acquired during his tenure in Italian East Africa, these manuscripts raise ethical and legal questions regarding their repatriation to Ethiopia under international treaties, such as the 1947 Peace Treaty. The text explores Cerulli’s dual role as a scholar and government official, highlighting both his contributions to Ethiopian studies and his controversial ties to Italian colonialism. The study analyzes the complexities surrounding the restitution of these manuscripts, considering ethical principles, international legal frameworks, and historical precedents, including the Vatican’s return of German manuscripts in 1816. The article concludes that contemporary trends in international law increasingly favor the restitution of cultural artifacts to their countries of origin, particularly in cases of historical injustices, such as armed conflicts and colonial occupations.

Casuistry as a “social belief” and a “legal practice” can be found in the Iberian Peninsula; however, it would eventually develop its own distinct evolution in Hispanic America. The most appropriate categories that could be applied to casuistry are those of fact and concrete case, as well as diversity, mutability, and distance. The American reality was shaping its own way, based on the peninsular model, of administering justice and dealing with government issues.

Jack M. Balkin’s article explores how lawyers and judges use history in legal reasoning. Rather than seeking historical objectivity, legal actors deploy historical narratives to bolster or undermine claims of legal authority. History is filtered through standardized forms of legal argumentation—such as text, purpose, tradition, and national ethos—which shape what is deemed relevant to law. Balkin also examines the role of lawyers and judges as memory entrepreneurs, showing how legal disputes often become contests over constitutional memory. The article distinguishes the rhetorical practices of lawyers from normative interpretive theories like originalism, highlighting the tensions between strategic uses of history and constitutional fidelity. Balkin ends by defending the historian’s role: even if ignored in current litigation, historical contributions enrich the legal archive for future reinterpretations of constitutional meaning.