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

Objective: The objective is to investigate the legitimacy achieved by UN interventions aimed at constitutional changes and the extent to which its participation contributed to the democratization of the Democratic Republic of Congo, especially from the inclusion of the right to development in the Congolese constitution. Methodology: The analytical metric was divided into three phases: pre-constituent, constituent and post-constituent. For the purpose of methodological construction, the hypothetical-deductive methodology was used at first and then the case study applied in the DRC. Results: The UN-influenced Constitution incorporated the right to development, ensured this right as a fundamental principle and allied its realization by making national wealth inalienable. It also guaranteed the creation of hybrid institutions that are not related to the structure of the three powers, revealing a tool that must be part of any project that aims to guarantee development. Conclusion: One of the main weaknesses surrounding hybrid institutions is the fact that many governments have tried to limit and weaken their independence and are subject to political interference and manipulation, as is the case with the DCR. In certain contexts, the UN is forced to cooperate with power transitions characterized by the maintenance of oligarchic figures as symbols of stability and to tolerate interference by neighbouring countries in local politics. Thus, independence between leaders, self-determination of peoples and cooperation with the UN end up colliding with a cyclical universe due to constant attempts to boycott institutional maturation and the disengagement of personal and clientelistic interests.

Objective: The Air Defense Identification Zone (ADIZ) established by China in the East China Sea in 2013 still invites polemic—likewise, the statement regarding the possibility of establishing an ADIZ in the South China Sea in 2016. An objective discussion based on international law is needed to examine this issue. This paper intends to provide perspective by questioning the position, implementation practices, and legality of the ADIZ that China has established in the East China Sea and the ADIZ that has the potential to establish in the South China Sea. Methods: This research uses Qualitative secondary data from various print and digital literature sources to analyze this normative juridical research. Results: The results of the discussion show that ADIZ China's position is not a territorial claim but instead used as an effort to achieve national interests, namely security and defense. Practices carried out by China and several countries tend to have similarities and differences but still have a legal and theoretical basis in their respective perspectives. There is an argumentation basis for those who say China's ADIZ is legal and vice versa. Conclusion: If the perspective is left without an adjudication process, the war of arguments and opinions will never end. Therefore, settlement through an adjudicative perspective is essential as long as there is an agreement between the parties. The impetus to initiate this possibility must come from two opposite directions. This paper has explained that the legal approach will only be able to take a role when a dispute is brought to a court. Nevertheless, ADIZ China is still implemented and tends to be obeyed by some - although not all - airlines that cross ADIZ China.

Objectives: The present article aims to investigate whether an employee's refusal to be vaccinated constitutes sufficient grounds for termination with cause, as provided in Article 482 of the Consolidation of Labor Laws (CLT). The analysis is conducted in light of the Theory of Constructive Democracy, which suggests that a society is more democratic when individuals have greater influence in shaping their own reality. The central question is whether this refusal constitutes a legitimate exercise of the fundamental right to freedom or, on the contrary, justifies dismissal for cause, especially in the context of the pandemic crisis. Methodology: The research method used is qualitative-deductive, based on bibliographic and documentary research, including books, scientific articles, court rulings, and legislation. The article discusses democratic theories, from Hans Kelsen to the Theory of Constructive Democracy, aiming to determine whether the employer's vaccination requirement can be considered legitimate in the Brazilian democratic context. The grounds for dismissal for cause, especially acts of insubordination and indiscipline, as provided in the legal framework, are also analyzed. Results: The study concludes that although legislation allows dismissal for cause in cases of refusal to be vaccinated, this measure should be applied with caution, respecting the principle of proportionality and the social value of work. It was observed that, under the Theory of Constructive Democracy, there is room for employers and employees to jointly and democratically decide on the best solution to the issue of vaccination in the workplace. Contributions: The article contributes to the debate on the tension between individual freedom and collective protection in health crisis situations, proposing the application of the Theory of Constructive Democracy as a way to reconcile conflicting interests between employers and employees, without the need for severe state impositions.

Background: 2,4 Dichlorophenoxyacetic acid (2,4-D), the second most used pesticide in Brazil, has high volatility and solubility in water, which allows it to easily enter the atmosphere by drift, volatilization, leaching or runoff, resulting in damage to sensitive crops, causing malformations in leaves and fruits, as well as the death of many plants. Objective: This article aims to examine the context of the conflict in agribusiness between soybean producers and grape producers in the Pampa Gaucho region, in relation to the drift of the pesticide 2,4-D and the damage to wine growing, describing the main initiatives of the Government of the state of Rio Grande do Sul in the face of the friction created, with the aim of observing whether the actions carried out by the State resolved the conflict. Method: The research is exploratory and descriptive, using the deductive method and supported by literature review and documentary analysis. Results: The normative instructions basically deal with oriented sales of hormonal pesticides, registration of properties and producers of sensitive crops, registration and training of herbicide applicators, reporting channel, inspection and obligation to report data on the application of the herbicide.  Conclusions: The conclusions indicate that the measures adopted by the Government of the State of Rio Grande do Sul to mitigate damage to sensitive crops, up to now, are limited to inspection and the elaboration of normative instructions aimed at alleviating the problem, however without resolving it.

Objective: Based on articles 218 and 219 of the Federal Constitution, which establish the State's duty to promote scientific and technological development as pillars of national progress, this article examines the normative effectiveness of said legislation in the context of the Anápolis Agroindustrial District (DAIA), in Goiás. Method: Adopting a qualitative methodology of bibliographic and documentary review, the research analyzes the way in which companies located there incorporate legal devices into their innovation strategies, as well as the legal and institutional repercussions resulting from this practice. Originality/Relevance: With an interdisciplinary nature, the study guarantees originality and relevance aimed at promoting Research, Development and Innovation (RD&I) in the national and regional production sector. Results: The study demonstrates that the regulated implementation of the Lei do Bem in DAIA favors the consolidation of the innovation ecosystem, promotes coordination between public and private entities, and reinforces the convergence between fiscal policy and regional development. The analysis contributes to the debate on the realization of constitutional rights to innovation and productive competitiveness through inductive legal instruments. Theoretical contributions: The study that deals in an interdisciplinary way with Law No. 11,196/2005, called Lei do Bem, constitutes a relevant research instrument for the legal literature converged on the induction and promotion of Research, Development and Innovation (RD&I) in the national and regional productive sector.

Objective: In this article, my objective is to defend two theses. On the one hand, I intend to demonstrate how reflection on the foundations of contract law is connected to central questions of moral philosophy. I will claim that arguing for or against a given theory of contract law is an exercise in moral and political philosophy. On the other hand, I argue that responsibility practices in other areas provide relevant clues about the moral function of contracts. Our practices of responsibility, I argue, favour a contractual system that pays more attention to the parties who have been injured. Method: This is a theoretical work, in the philosophy of law, which aims to rigorously analyse some central concepts of private law based on references in analytical theory. I take as a starting point the debate on the value of damages arising from breach of contract in the context of common law systems carried out by Seana Shiffrin and Steven Shavell, two of the most prominent contemporary theorists of contract law in the English-speaking world. Based on this debate and on methodological considerations inspired by Ronald Dworkin and H.L.A. Hart, I aim to defend the two central theses of this article. Result: The article discusses several topics: notions of private law doctrine, considerations on the methodology of legal theory, our responsibility practices. This is an intentional transversality that demonstrates how contract law is a fertile field for philosophical reflection in a very relevant sense, that the very construction of the central concepts of contract law depends on taking positions in deep philosophical debates. Contributions: In this article, I defend two controversial theses, one on the methodology of private law theories and the other on the relationship between contract law and practices of responsibility in a broader sense. The article contributes to the literature on the philosophy of private law and to the understanding of the relationship between contract law and moral philosophy. Furthermore, the literature discussed – especially the works of Steven Shavell, Seana Shiffrin, Tony Honoré and Bernard Williams – is little known in Brazil. In this sense, the article also contributes to the promotion of new debates within national literature.

Objective: The purpose of this article is to analyze irregular migration in Chile since 2018, exploring the factors that have contributed to its increase and the effects of the policies implemented in that period. Based on a review of statistics, reports and specialized literature, various factors that contribute to the increase in irregular migration are identified, such as regional instability, Venezuelan displacement and its context of forced mobility. This paper focuses on three policies implemented in Chile: the restriction to change status within the country, the modifications to the visa system and the management of the COVID-19 pandemic. The central hypothesis is that the measures adopted have not reduced irregularity, but rather have increased denunciations of entry through unauthorized passages, contributing to the precariousness of migrants and hindering their inclusion in Chilean society. Methodology: The methodology of the article is based on a qualitative documentary analysis, which systematically examines relevant documents to identify factors influencing the increase of irregular migration in Chile, using an analytical-synthetic approach to obtain a deep and broad understanding of the situation. Results: The study concludes that migration in Chile post-2018 faces challenges derived from regional and international factors, especially the Venezuelan diaspora. Chilean migration policies, including status restrictions and visa modifications, have increased the irregularity and vulnerability of migrants. In addition, the lack of comprehensive statistics on irregular migration is highlighted, which prevents a better understanding of migration dynamics, which subsequently has an impact on the precariousness of journeys.

Background: In De Disciplinis (1531), the Spanish humanist philosopher and jurist Juan Luis Vives (1492-1540) undertakes, on the one hand, a critical review of the causes of the corruption of knowledge inherited from Antiquity and the Middle Ages, and, on the other hand, presents his restructured vision for the transmission of such knowledge. In this way, legal science, as practical knowledge, will occupy a significant part of Vives' reflection, not only in De Disciplinis, but in all his writings. It is therefore only necessary to highlight the theme in the context of this work. To do this, I will reconstruct some of his arguments in which he shows his critical view of the Ius Civile as mos italicus, configuring the decadence of law because it lacks the essentials required as criteria established by legal humanism.  Objectives: This article aims to reconstruct and present the status of Roman Ius Civile (civil law) in the context of De causis corruptarum artium liber VII of De Disciplinis (1531) by Juan Luis Vives (1492-1540). To do this, I will reconstruct some of his arguments in which he shows his critical view of the Ius Civile as mos italicus, configuring the decadence of law because it lacks the essentials required as criteria established by legal humanism.  Method: The method used in this research is deductive. We sought to gather a structured corpus and then critically analyze it in the light of secondary literature. Bibliographical review and historical-contextual hermeneutics. Results: After analyzing the corpus in question, comparing it with secondary literature and surveying new material, it emerges that the legal humanism implicit in Juan Luis Vives' philosophy is part of a project to renew law, legal methodology and the theoretical constitution of legal theory in the 16th century.   Conclusions: This article contributes in particular to the development of research in the field of legal theory and legal methodology, with a remote search for questions in Humanism. It also contributes to the deserved inclusion of authors marginalized by legal-theoretical historiography. In addition, it contributes to a return to an Iberian legal matrix, of which Brazil is deeply indebted in its origins, and from which a critical and contextual analysis that sheds light on today's legal-theoretical issues cannot be dispensed with.

Objective: paradoxical as it may seem, few realities, like death, make us think so much about the meaning of life. Few realities like death also lead us to reflect on the adoption of an immanent or transcendent conception of vital reality itself. On the other hand, personal autonomy, rooted in human dignity, usually accompanies our vital action as an inseparable ingredient in the exercise of our most decisive freedoms. However, wouldn't a person who finds himself faced with the prospect of euthanasia, usually entangled in the midst of extreme anguish, even leaving the bills paid, exercise a “right” to decide how to live and leave freely? Can we say that the free choice of death with a set day and time would not be a decision endowed with legality? Apparently, someone who desires their own death through euthanasia would act based on an eloquent exercise of their personal autonomy, as an effect of their own dignity, until the moment in which, in this reflection, some natural normative demands come into play that raise serious doubts about the limits of that autonomy, at the same time as they reinforce the idea that the aforementioned dignity would be based on an ontological value preceding the autonomy itself, that is, it would be a knowable reality that precedes any legal normativity and, as an effect, is binding on action, because it consists of a truth derived from the way of being human. Methodology: the study of the proposed theme challenges the use of the realistic-phenomenological-hermeneutic methodology, in an effort to understand the natural human juridicity – which is not a creation of society or power, but derives from the very condition of being human – and, thus, to shed clearer and deeper light on the analysis of the phenomenon of euthanasia. Results: we hope to produce, select and systematize basic bibliographical references, indicate analytical and interpretative potentialities to researchers of the theme of desire-rights who are concerned with an academic training focused on concrete justice, in order to expand, through this research, the theoretical collection that configures the frontiers of this important area of ​​studies in the field of right, based on solid, critical, classical and updated theoretical foundations. Contributions: based on a legal-philosophical investigation into the notions of human being, freedom, will, right and law, as well as their expressions and identities, our research aims to recover the state of the art of real human juridicity, a reality resulting from the nomophoric quality of man, and, as an effect, seek to demonstrate that merging juridicity with voluntaristic legality, main postulate of euthanasia, causes a series of tensions and disruptions in respect for the principle of human dignity.

Context: The potential of Generative Artificial Intelligence (GAI) in the Judiciary, while generating great expectations regarding increased efficiency, has motivated significant concerns, reproducing the perplexities that have always permeated humanity's relationship with innovation, notably technological innovation. Goal: The investigation that gave rise to this article had two objectives: to gather and systematize some concepts and knowledge about GAI, its characteristics, evolution, and language models; and to assess how GAI can be employed in the context of the Judiciary, with proper risk management and harnessing of its potential. The hypothesis to be explored is that the risks of Generative Artificial Intelligence (GAI) in the justice system lie not only in its misuse but also in its non-use. Method: The research is bibliographic and documentary. It begins with a historical overview of computing and artificial intelligence – AI, presents general notions about AI, Machine Learning, and Generative AI, then explores the risks of ignoring the characteristics and limitations of GAI. It then examines how this innovation is being absorbed by the Judiciary, identifying its potential benefits. Results: The results reveal that there are risks of hallucinations in responses, reproduction of biases, and inadequate handling of sensitive data, but also that these risks can be managed through proper knowledge of GAI’s functioning and limitations, governance guided by ethics, and human protagonism. They also show that, given the volume of data and information that circulate and are generated by the Judiciary, the use of GAI is becoming a condition of possibility in knowledge management for an adequate and coherent judicial performance. Conclusions: The hypothesis was confirmed, identifying that the risks of GAI in the Judiciary lie both in not knowing how to use it and in not using it at al.