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

Context: The paper deals with the satisfaction of compensation for the fact that occurred in violation of competition law, specifically, Law No. 23/2018, of June 5 (Private Enforcement Law). Claims regarding indemnity protection under the law on private enforcement is carried out through the Popular Action Law (Law no. 83/95, of August 31, combining Civil Procedure rules, if the fact is a result of interindividual relationships; or the Administrative Courts Procedure Code, if the fact is related with the Administration.Purpose: The purpose of this article is to enlighten the reader on the role of private enforcement law and protection through class action when the objective is to be compensated for the violation of competition law.Method: To do so, we went through bibliographical research, national legislative and jurisprudential analysis.Results: One of the extracted results was the existing possibility of resorting to the institute of popular action as a form of protection of damages in competition law.Conclusions: For this to be possible, it is necessary to combine several national and European legal instruments. In addition, it will be relevant to consider the parties involved in the process, namely: the author (association or company that appears in court), the party (represented in court by the author) and the (possible) third party financer.

Contextualization: Historically, domestic work is reduced to a lower position compared to other professions, resulting in the invisibility and vulnerability of the category, which slowly conquered its fundamental and labor rights.Objective: To analyze the extent to which determining domestic service as essential reinforces the vulnerability of the category in the Covid-19 pandemic in Minas Gerais.Method: This is an exploratory and qualitative study, in which technical procedures of bibliographic and documentary research and the deductive approach method will be used, as well as field research to validate the theoretical proposition.Results and contributions: The vulnerability of domestic workers was accentuated with the arrival of the Covid-19 pandemic, an unprecedented health crisis, in which their work was considered an essential service by the decree that instituted the “Onda Roxa” in the state of Minas Gerais. With the imposition of government decrees, many workers were relocated to the home office, others had their activities suspended, that is, many professions had protective sanitary measures, but housework remained untouched during the pandemic, maintaining its invisibility in the labor scenario and social. With this, there was an increase in the vulnerability of the category of domestic workers who, even though they were part of the work group, did not have due social recognition or any specific state tutelage, being, as they almost always were, relegated to their own fate.Conclusion: It was concluded that the normative measure of establishing domestic service as essential served, in practice, to reinforce the vulnerability of the domestic worker in Minas Gerais.

Objective: This article deals with the centrality of ethical-anthropological foundations in the case of abortion. Specifically, its aim is (1) to expose, descriptively, the three pro-abortion perspectives that stand out today based on different ethical‑anthropological foundations: the functionalist pro-abortion perspective, the libertarian pro-abortion perspective and the relational pro-abortion perspective; (2) to expose the misconceptions that underlies the ethical‑anthropological foundations of such perspectives; and (3) to demonstrate that the very exposition of the fundamental mistakes of the most famous contemporary pro‑abortion perspectives is supported by a specific ethical‑anthropological foundation called realistic  personalism, according to which each and every human being is a type of being marked by an intrinsic dignity from his biological origin until his death, and, therefore, holder of duties and rights that precedes state positivization.Method: Theoretical and reflective approach according to authorized and updated bibliography. In addition to paying attention to current embryological and genetic data that point to conception as the original biological moment of a new human being, it uses the lessons of Thomas Aquinas and his contemporary interpreters, with emphasis on those that constitute the New School of Natural Law.Results: The main current pro-abortion perspectives emphasize a single aspect of the person, reducing the other aspects to the one that is emphasized. On the contrary, realistic personalism proposes an integral vision of man's personality, declaring it ontologically, axiologically, biologically and legally without denying the possibility of knowing and observing humanity from inexhaustible angles. In the context of abortion, realistic personalism, by rational demand, denounces its common mistake, understanding that the abortive practice is usually a direct affront to the absolute moral right that the unborn child – a worthy human person – has not to be killed by someone else since the moment he is conceived.Contribuitions: This article contains preliminary notes, however technical. Its contribuition goes back to the necessary advancement of studies attentive to self-evident ends or purposes (basic goods) that concern the personal fulfillment of human beings. More – due to gaps in the national literature at the philosophical-legal and bio-legal level, its contribution also goes back to the urgency of providing scholars with a holistic view of the ethical-anthropological foundations common today in the case of abortion. It should also be added that this article enables an in-depth study of the ethical-anthropological foundations exposed therein. It is understood, however, that the constitutive foundations of the functionalist, libertarian and relational pro-abortion perspectives are in line with a self-destructive mentality expressed, for example, in slavery, racism, the marginalization of women, contempt for the elderly and ridicule of human beings with disabilities.

Background: Loot boxes are packages of virtual items, usually represented in the shape of a box, present in electronic games. By opening a loot box, the player has a random chance to obtain items of different types of in-game rarity. This monetization strategy has proven lucrative for video game developers in recent years, which is why it is quite common to find loot boxes in a significant portion of modern games. Due to recent controversies, however, it has been questioned whether loot boxes are a form of gambling due to the existence of several common elements among their systems.Objective: To analyze the legal framework of loot boxes in the Brazilian legal system, its relationship with games of chance, and discuss possible regulation.Method: We resorted essentially to bibliographic research in the form of analysis of books, academic articles, jurists' opinions, comments on legislation, and news, in the national and international spheres.Results: It was observed that loot boxes have similarities with games of chance and, despite the inexistence of express provision, may be governed by diplomas already in force, such as the Consumer Defense Code and the Child and Adolescent Statute, while a specific regulation remains pending.Conclusions: The fact that loot boxes are not included in the legal definition of gambling in the Brazilian legal system does not mean that issues involving the implementation of the mechanics in a way that is exploitative to players cannot be judged under laws such as the CDC and the ECA. Legislative innovation is recommended to address the issue specifically through a new definition of "gambling" that contemplates more modern forms of gambling, such as the mechanics present in digital media.

Objective: In face of the cooperation issues encountered by the States in the fight against catastrophe scenarios, the present work presents as a thesis the proposal to create the International Organization for Prevention and Reduction of Catastrophes. As specific objectives, the work intends to: demonstrate how international organizations help to solve cooperation issues in specific areas; propose executive bodies to encourage cooperation between States in catastrophe scenarios; propose administrative and legislative bodies to address the lack of regulation and create administrative support; propose a mechanism to resolve eventual conflicts between States and guarantee the effectiveness of the regulation of the International Law of Catastrophes.Methodology: The method of approach will be the deductive one, describing cooperation issues to suggest possible competent bodies to solve them. The research technique used will be bibliographic.Results: The work concludes that the International Organization for Prevention and Reduction of Catastrophes can solve the governance issues of the field, but it will have to overcome the challenges of its creation.Contribuitions: The article contributes to the improvement of the regulation of international law so that it can respond effectively to catastrophes. In today’s international society, the potential for the occurrence of global catastrophes is greater. The International Organization for Catastrophes aims to create sufficient regulation to prevent, minimize and overcome the occurrence of those situations.

Objective: The analytical dimension, taking into consideration the author's work as specified basis, aims to explore the performances in face of wasteful consumption, the representation that consolidates facades and socio-environmental issues.Methodology: As methodology, a qualitative approach is adopted, through a review of specialized literature and legislation, with the analytical method as its method.Resultados: In the end it is concluded that the expansion of consumption requires the creation of a set of masks managed by actors in contemporary society to represent and appear, concomitantly the socio-environmental dilemmas emerge, but relegated to a second plan and left aside. Under the consumer dimension most socio-environmental problems are engendered by adherence to the phenomenon of commodity circulation.Contributions: The present paper addresses the nexus between the representations of the self in everyday life (Goffman) and the conformation of its possible connection with consumption, with involvement of pressing socio-environmental issues.

Objective: Public safety is considered a component of social welfare, where, in general, through a rule of law that generates suitable conditions for development, and generates in the citizenry the full confidence that life, patrimony and other legal assets are exempt from danger. All this, together with a number of other factors, make up what Ullrich Beck (1992) called the Risk Society, which can be summarized as the increase in social demand for control of all dangerous elements of human origin. The purpose of this paper is to provide an overview of the process and design of public policies aimed at reducing crime. Public security policies have become the main element in every nation to try to reduce the problem of public insecurity. Spain has moved from a strictly punitive model against crime to a preventive approach, which has resulted in improving conditions and environment in the population, to promote other types of activities that limit or move the individual away from criminal behavior, with the objective of identifying the action plan followed by public safety policies implemented in Spain in order to reduce crime.Methodology: In order to carry out this work, a pure (basic) research has been carried out with the purpose of broadening and deepening the knowledge of the study. The method used was the qualitative one, by means of material and cultural sources valuable information has been obtained to be able to expose the problem. Due to the external characteristics of the sources consulted, bibliographic and documentary sources were used, since the process of techniques used for the collection, selection, classification and analysis of the information will serve us, a priori, for the elaboration of the research on public security policies, observing and reflecting systematically on the theoretical realities from different criminological perspectives. All the biographical and documentary research carried out for the realization of the work, have followed the selection criteria of relevance, completeness and timeliness.Results: In order to measure security, we must pay attention to both the objective dimension, related to the incidence of registered criminal events, and its subjective dimension, related to the perception of the danger of passing through a certain space. A significant number of crimes are suffered by a very limited number of people who are victimized repeatedly. Moreover, it is common for a small group of offenders to be responsible for a significant portion of all crimes. If we complement this perspective with geographical (hot spots), temporal and contagion aspects, we will be able to establish more effective crime prevention and reduction mechanisms. Recurrent victimization surveys would reinforce the total vision of security and prevention.Conclusions: To prevent crime, public authorities should turn to Criminology and complement their public safety agendas through situational prevention models, committing themselves to apply appropriate measures based on scientific findings and always evaluating their results through quality standards, in order to be efficient in the use of public resources. It is hoped that public security policies in general will be able to shape a proposal as a medium to long term approach to reduce the incidence of crime, but necessarily, conceiving the criminal phenomenon as an activity that, to a greater or lesser extent, will continue to be present in societies.

Objetivo: The main objective of this work is to understand whether the Brazilian conviction by the Inter-American Court of Human Rights (IDH Court), in the case of Favela Nova Brasília vs. Brazil, caused material and symbolic effects capable of helping to face a structural litigation caused by the malfunction of the public security system in the state of Rio de Janeiro.Methodology: The deductive method and bibliographic-documentary research are adopted, with a qualitative approach.Results: Despite the importance of the Inter-American Human Rights System, the almost complete failure to comply with the penalties presented in the decision that condemns Brazil for the atrocities committed in the case in question, demonstrates the country's disregard for the realization of human rights, as well as an evident violation of international obligations. It is also worth noting, in this sense, that none of the three measures fully adopted by Brazil, aimed at overcoming the problem related to the public security system in the state of Rio de Janeiro, has a structural character. Given this scenario, it is clear that, so far, the sentence has not caused the intended material or symbolic effects.Contributions: The Brazilian conviction in the case of Favela Nova Brasília v. Brazil, despite not having produced all the conjectured results, it had an unexpected material effect: it served as a driving force for the proposal of ADPF 635, known as “ADPF das Favelas”. The aforementioned action proved to be an important instrument to face the nefarious violations of human and fundamental rights caused by the public security policy of the state of Rio de Janeiro, as well as a landmark in terms of the empowerment of victims, who saw in the STF a forum of political deliberation and a locus in which their demands could be met. Still in this sense, the Action directly addresses the fact that police violence affects, above all, the black population that inhabits the favelas, an important aspect in the fight against structural racism. This reality reinforces the capacity of the Inter-American Human Rights System to cause transformative impacts, as well as highlights the relevance of the work carried out by the Inter-American Court of Human Rights, especially in scenarios of extreme inequality, exclusion and violence such as the Brazilian one.

Objective: This article studies the role of foreign investors' expectations in defining an indirect expropriation in international investment law and arbitration. Indirect expropriation occurs when a State's regulatory measure that aims to implement a particular public policy has an impact which is tantamount to an expropriation. The impact of the measure on foreign investment is likely to neutralize it and make it inoperative. In the practice of International Investment Law, investment protection agreements as well as the arbitral case law refer to the unequivocal and reasonable expectations of investors to analyze the expropriation effects of a State's regulatory measures. However, the contours of these expectations are still not clearly delimited. The article addresses this conundrum.Methodology: A qualitative methodology was applied, based on primary and secondary sources. A sample of investment protection agreements and arbitral jurisprudence was, accordingly, examined. An inductive method was also used whereby the case law was studied to understand and explain the elaboration and reasonableness of investor expectations.Results: The use of legitimate expectations to identify an indirect expropriation must be based on objective, clear and unequivocal representations made by the State to the investor to legitimize their expectations.  The delimitation of expectations also necessarily depends on the behavior adopted by the investor during his operations.Contributions: The article presents a reflection to rationalize the use of investor expectations in International Investment Law and, more specifically, in international arbitration between investors and States. It contributes with a methodology to justify in which cases, under which conditions and with what limits expectations can or cannot be used to identify an indirect expropriation.

Objective: Environmental Law is developed as the logical response to the need to exploit natural resources within a framework of rationality, sustainable use and protection of the environment by States. Its evolution has been rapid and progressive, gradually being incorporated into all legal branches and acquiring, in turn, its own autonomy as a discipline linked to almost all sciences due to its transdisciplinarity. Environmental education is the fundamental instrument to achieve the objectives necessary to achieve sustainable development, it proposes that the population acquire knowledge of the natural, cultural and social aspects that contribute to the solution of environmental problems, by linking the human being with its environment. The epistemological theoretical references of the environmental legal formation process are analyzed in the article from its holistic characterization from different approaches of its construction from complexity and critical thinking, which will contribute to achieving the legal principle of sustainable development due to its multidimensionality, from the teaching-learning process in the Environmental Law subject in the Law degree with the integration of contents.Methodology: bibliographic review, historical analysis, analysis synthesis, holistic dialectic, and induction deduction are used as methods.Results: it will contribute to the solution to environmental problems from the integration of environmental legal content with a content proposal for the educational teaching process, it will influence the knowledge of environmental education, where man-nature and in order to achieve the conservation of environmental conditions that it requires for its habitat without prejudice to the development of economic activities that impact it, in need of establishing the mechanisms, measures and procedures that allow a harmonious coexistence of the natural, the social and the economic due to its transdisciplinarity of the issue environmental.