CCSA - TCC - Direito

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  • Bachelor Thesis
    Fraudes na abertura de contas digitais e assinatura biométrica facial: responsabilidade civil bancária à luz da Súmula 479 do STJ
    (Universidade Federal do Rio Grande do Norte, 2026-06-01) Varela, Luccas Matheus Marinho; Rocha, Anna Emanuella Nelson dos Santos Cavalcanti da; http://lattes.cnpq.br/1016466262066334; 0009-0008-1795-4085
    This article examines whether the mere presentation of facial biometric authentication is sufficient to exempt a financial institution from civil liability for the fraudulent opening of a digital bank account, or whether such risk should be classified as an internal fortuity inherent to the model of mass digital banking contracting. The research adopts a qualitative approach based on the deductive method, combining bibliographical review, regulatory analysis, and selected case law examination. The study analyzes the regulatory duties imposed on financial institutions byCMN Resolution No. 4,753/2019 and BCB Resolution No. 343/2023 regarding secure identification, traceability, and the integrity of authentication procedures, as well as the known technical vulnerabilities of facial authentication mechanisms, concretely evidenced by Operation Face Off, launched by the Brazilian Federal Police in May 2025. Bank civil liability is examined in light of the Brazilian Consumer Protection Code, the enterprise risk theory, and Precedents Nos. 297 and 479 of the Superior Court of Justice (STJ). The case law analysis demonstrates that courts have rejected a standalone selfie as conclusive evidence of digital contracting when minimum technical elements are absent, such as logs, audit trails, liveness detection evidence, and integrity records, or when inconsistencies indicative of fraud are present, such as geolocation incompatibility. The study concludes that facial biometrics may constitute a legitimate means of authentication; however, its exculpatory effect depends on the concrete demonstration, through auditable technical records, of the integrity, authenticity, and traceability of the adopted procedure. In the absence of such demonstration, thefraud constitutes an internal fortuity, giving rise to the strict liability of the financial institution and its corresponding duty to compensate the victim.
  • Bachelor Thesis
    “Tire as construções da minha praia": a atuação da Assessoria Jurídica Popular na defesa da comunidade tradicional pesqueira de Enxu Queimado/RN
    (Universidade Federal do Rio Grande do Norte, 2026-07-02) Vital, Maria Eunice Bertoldo Ferreira; Rocha, Anna Emanuella Nelson dos Santos Cavalcanti da; http://lattes.cnpq.br/1016466262066334; 0009-0006-7993-0842; http://lattes.cnpq.br/9059268876381008; Brandão, Pâmela de Medeiros; http://lattes.cnpq.br/9451364933481439; Barbosa, Gustavo Henrique Freire; http://lattes.cnpq.br/2377953636847446
    La presente monografía pretende analizar el conflicto por la propiedad de la tierra que sufre la comunidad pesquera tradicional de Enxu Queimado, en Río Grande del Norte, desde la perspectiva de la asistencia jurídica popular prestada a la comunidad. El análisis metodológico se basa en un enfoque cualitativo y tiene como objetivo el estudio de caso de la acción de reintegración de la posesión interpuesta por una empresa hotelera contra los vecinos de la comunidad pesquera. En cuanto al aspecto técnico, se desarrolla mediante investigaciones bibliográficas sobre el litigio, en el marco teórico-práctico y jurisprudencial que fundamentó la defensa de los demandados, y mediante la investigación de campo sobre la praxis de resistencia de la colectividad, haciendo hincapié en la auto organización de las pescadoras y en la importancia del asesoramiento jurídico popular, prestado por el Motyrum Núcleo Escritório Popular, basado en la tutela del derecho fundamental a la vivienda, con el fin de demostrar que la actuación jurídica popular y la movilización social son instrumentos imprescindibles para la aplicación efectiva del principio de la función social de la propiedad, garantizando la permanencia de la comunidad en su territorio frente al capital inmobiliario especulativo en el estado.
  • Bachelor Thesis
    Improbidade administrativa e a (im)penhorabilidade do bem de família: uma análise da tensão constitucional entre o ressarcimento ao erário e o direito à moradia
    (Universidade Federal do Rio Grande do Norte, 2026-05-16) Diniz Bisneto, Olegário; Rodrigues, Liliana Bastos Pereira Santo de Azevêdo; http://lattes.cnpq.br/3256952255730615
    This article examines the constitutional tension between the duty to reimburse the public treasury arising from acts of administrative misconduct and the fundamental right to housing, embodied in the protection against seizure of the family homestead. Historically, the Superior Court of Justice (STJ) allowed the freezing of family residential property in administrative misconduct lawsuits, based on the need to ensure future compensation for damages to the public treasury. However, Law No. 14.230/2021, which introduced significant amendments to Law No. 8.429/92 (Administrative Improbity Law – LIA), established, as a general rule, the prohibition of restrictions on family property, except in cases where the property results from illicit enrichment. In addition, the issue is currently under review before the Federal Supreme Court (STF) in ARE 1.484.919 (Theme 1316), which will examine the constitutionality of asset restrictions on residential property in administrative misconduct actions. Based on a normative, doctrinal, and jurisprudential review, the study concludes that the conflict under analysis requires a balancing of fundamental rights, with the principle of strict legality prevailing in relation to property restrictions, without undermining the effectiveness of the protection of public assets when it is proven that the property constitutes the product or proceeds of the unlawful act.
  • Bachelor Thesis
    A suspensão da execução penal pela ausência de tornozeleiras eletrônicas no estado do Rio Grande do Norte: uma análise à luz do estado de coisas inconstitucional
    (Universidade Federal do Rio Grande do Norte, 2026-07-02) Cruz, Maria Clara Câmara; Silva Júnior, Walter Nunes da; https://orcid.org/0000-0003-1747-9233; http://lattes.cnpq.br/3031129912838653; Freire, Leonardo Oliveira; https://orcid.org/0000-0002-6688-8538; http://lattes.cnpq.br/3263821619188327; Evangelista, Gabriela Borba; http://lattes.cnpq.br/1196351847590081
    This final course project analyzes the suspension of the execution of criminal sentences due to a lack of electronic monitoring anklets in the state of Rio Grande do Norte. In this context, the halting of sentence execution under the semi-open regime, caused by the unavailability of the device, shifts the consequences of state inefficiency onto the offender, imposing restrictions not provided for in the legal system. The study aims to critically analyze this reality in light of constitutional principles applicable to the sentencing execution phase and the theory of the "Unconstitutional State of Affairs." Specifically, it examines the historical and normative evolution of criminal sentence execution, the legal impacts arising from the shortage of electronic monitoring equipment, and the repercussions of the commodification of this service. The research is descriptive in nature, employs a qualitative approach, and adopts the deductive method. It proceeds from the hypothesis that this institutional situation reveals the State's inability to ensure the effectiveness of criminal jurisdiction and the proper compliance with judicial decisions, thereby compromising the realization of the offenders' fundamental rights. The study concludes that the unavailability of electronic monitoring devices cannot justify suspending the execution of sentences, as it is the consequence of a structural problem that the State, the convicted individual, is responsible for resolving; it further argues that this situation constitutes an "Unconstitutional State of Affairs."
  • Bachelor Thesis
    Segregação patrimonial como mecanismo de proteção do investidor no mercado de criptoativos brasileiro
    (Universidade Federal do Rio Grande do Norte, 2025-10-23) Monteiro, Lúcio Bezerra.; Alves, Fabrício Germano.; http://orcid.org/0000-0002-8230-0730; http://lattes.cnpq.br/4247505371266682
    Asset segregation is an essential mechanism for investor protection in the cryptoasset market, especially in view of the inherent risks of volatility, potential broker bankruptcies, and possible fraud. Currently, there are no guarantees that the resources allocated by investors in cryptoassets on exchanges will not be used to settle the exchanges' own obligations, for example. This article examines the necessity of including asset segregation in Law n° 14,478 of December 21, 2022, following Bill n° 4,932/2023, as a practice that can contribute to mitigating or significantly reducing the risk of losses in cases of insolvency and strengthening confidence in this market. To achieve this objective, a qualitative approach was adopted, of an exploratory and descriptive nature, based on bibliographical and documentary research. It was concluded that the inclusion of asset segregation in the Legal Framework for Cryptoassets, as proposed by Bill n° 4.932/2023, is a determining factor for legal certainty and the protection of investors in the cryptoasset market.
  • Bachelor Thesis
    A ilegalidade da cobrança de taxas por documentos acadêmicos essenciais no ensino superior: uma análise à luz do Código de Defesa do Consumidor e da Jurisprudência do Tribunal Regional Federal da 3º Região
    (Universidade Federal do Rio Grande do Norte, 2026-07-02) Costa, Jullis Matheus Silva da; Alves, Fabrício Germano; http://orcid.org/0000-0002-8230-0730; http://lattes.cnpq.br/4247505371266682
    This article analyzes the legality of administrative fees charged by private higher education institutions for the issuance of essential academic documents, especially academic transcripts, certificates, course syllabi, and the first copy of the diploma. The study is justified by the recurrence of this practice and its legal and economic impacts on students, considering the inherent vulnerability present in educational consumer relationships. The research examines whether the separate charging of such documents is supported by the Brazilian legal system or whether it constitutes 4 an abusive practice incompatible with consumer protection and educational legislation. The general objective is to assess the legality of these fees based on the legal nature of educational services and the application of consumer protection rules. Specifically, the study investigates the limits imposed by the principles of good faith, the prohibition of unjust enrichment, and the prohibition of excessive advantage, as well as the regulatory framework established by Law No. 9,870/1999, the regulations issued by the Ministry of Education, and the case law of the Federal Regional Court of the 3rd Region. The methodology consists of bibliographic, documentary, and jurisprudential research, adopting a qualitative approach and the hypotheticaldeductive method through the analysis of legislation, legal doctrine, and relevant judicial precedents. The study concludes that charging fees for the issuance of essential academic documents tends to constitute an abusive practice, since the related administrative costs are already covered by the tuition fees regularly paid by students, in accordance with the principles of objective good faith and contractual balance.
  • Bachelor Thesis
    “Pink tax” e equidade de gênero: uma análise crítica da precificação diferenciada por gênero
    (Universidade Federal do Rio Grande do Norte, 2026-06-16) Araújo, Antônio Patric de; Elali, André de Souza Dantas; https://orcid.org/0000-0003-1389-8596; http://lattes.cnpq.br/2208028933825556; https://orcid.org/0009-0005-4043-3323
    This article questions the commonly assumed premise in the rhetoric of the "pink tax": whether the higher price paid by female consumers should be attributed to gender or to the choice of differentiated products. It stems from a critical dissatisfaction with how the debate on gender-differentiated pricing has been conducted, often based on confirmatory assumptions, insufficiently rigorous methodologies, and inferences that exceed empirical support. Through a critical legal-economic analysis, the work examines the empirical bases that underpin the concept of the "pink tax," identifies the methodological limitations of the most widely discussed studies, especially the report from the New York City Department of Consumer Affairs (2015), and proposes an explanatory framework grounded in structural economic factors such as product specificity, economies of scale, perceived sophistication, and niche segmentation. The exploratory price research covered 13 product categories, revealing that price variations according to gender do not follow a univocal trend, sometimes women's products cost more, sometimes men's, and sometimes there is equivalence, thus weakening the hypothesis of intentional discrimination as the predominant cause. The conclusion does not deny the existence of gender inequalities in the market, but emphasizes thatthe discriminatory hypothesis should not be adopted as a standard explanation without due consideration of objective variables related to costs, functionalities, and marketing strategies. The observed phenomenon reveals the complex and legitimate dynamicsof price formation in a segmented consumer economy, and not a hidden tax systematically directed at women.
  • Bachelor Thesis
    A tributação de brasileiros com dupla residência fiscal no Brasil e nos Estados Unidos da América frente à ausência de tratados de dupla tributação entre esses países e os impactos no planejamento tributário: uma análise de caso
    (Universidade Federal do Rio Grande do Norte, 2026-07-03) Cortez, Pedro Henrique Nogueira; Elali, André de Souza Dantas; https://orcid.org/0000-0003-1389-8596; http://lattes.cnpq.br/2208028933825556; Silva, André Felipe Alves da; http://lattes.cnpq.br/6643552542960492; Maia, Letícia Silva Saraiva; Mendes, Daniel Lucas Olinto; http://lattes.cnpq.br/4066645607076023
    The growing mobility of individuals between Brazil and the United States gives rise to situations of dual tax residence, in which the taxpayer holds sufficient ties to be taxed on worldwide income in both jurisdictions. The problem is aggravated by the absence of a treaty to avoid double taxation between the two countries and by the citizenship-based taxation adopted by the United States, which generates a permanent overlap of taxing claims and undermines the taxpayer's legal certainty. In light of this, the study aims to analyze the legal regime applicable to the income taxation of such individuals and the effects of this treaty gap on lawful tax planning. As to methodology, qualitative, descriptive-analytical research was adopted and developed through the deductive method by means of a literature review, the examination of the principles of International Tax Law and of the connecting factors, the analysis of the legislation of both countries, and a case study in which the tax burden was quantified under different scenarios. The results show that the divergence between the tax-residence regimes, combined with the absence of a tie-breaker rule, restricts mitigation to each State's unilateral mechanisms, so that tax planning becomes risk management and documentary compliance. It is concluded that a structural solution lies beyond the reach of the taxpayer or of the interpretation of domestic rules, depending on the conclusion of a bilateral convention between the two States, and currently relying on the available unilateral mechanisms, with limited protection for the transnational taxpayer, thus entering a logical-structural intersection between Tax Law and Public International Law.
  • Bachelor Thesis
    A tutela coletiva na relação jurídico-tributária: o paradoxo da isonomia concorrencial entre a instrumentalização da coisa julgada e os limites da reação fiscal, uma análise à luz do tema 1.119/STF
    (Universidade Federal do Rio Grande do Norte, 2026-07-06) Sales, Túlio Pinheiro Braga; Elali, André de Souza Dantas; https://orcid.org/0000-0003-1389-8596; http://lattes.cnpq.br/2208028933825556; Dias, Francisco Barros; http://lattes.cnpq.br/5754095009731375; Silva, André Felipe Alves da; http://lattes.cnpq.br/6643552542960492; Mendes, Daniel Lucas Olinto; http://lattes.cnpq.br/4066645607076023
    This study examines the role of class representative entities in collective tax litigation in light of Theme 1.119 of the Brazilian Federal Supreme Court, focusing on the paradox that pervades it: the very instrument designed to promote competitive equality among taxpayers in identical situations may, when distorted, become a source of privilege. Through doctrinal and bibliographical research, it analyses the foundations of collective tax protection, the standing of associations and unions, and the controls of adequate representation and thematic pertinence, as well as the projection of collective res judicata over the substituted category. It then investigates the forms of instrumentalization of collective litigation - the generic association, the commercialization of the judicial title, opportunistic affiliation and fictitious pertinence - and their impact on free competition (Article 146-A of the Constitution). Finally, it critically assesses the administrative reaction embodied in Normative Instruction RFB No. 2.288/2025, confronting it with legality, the hierarchy of legal sources, the authority of res judicata and the separation of powers. It concludes that competitive equality is two-sided, being breached both by the undue extension of the title to those who do not belong to the category and by the denial of the credit to the legitimate substituted party; and that the Instruction, by conditioning the right upon documentary affiliation, proves partly illegitimate and counterproductive, since it feeds the very market of associations it sought to curb. It argues that the constitutionally adequate solution lies in controlling standing at the entrance of collective actions, rather than in the administrative restriction of the title already formed, to which end it proposes objective parameters for assessing representativeness and paths for the normative improvement of the standing model.
  • Bachelor Thesis
    A utilização da geolocalização como prova digital no direito processual do trabalho: admissibilidade, limitações e valor probatório
    (Universidade Federal do Rio Grande do Norte, 0014-04-26) Belmar, Cinthia Beatriz de Queiroz Catricheo; Campos, Lucas Cruz; https://orcid.org/0000-0002-5160-7799; http://lattes.cnpq.br/7667540733417266
    This article aims to investigate the admissibility of using geolocation as digital evidence in Labor Procedural Law. The study emphasizes the importance of maintaining validity parameters when using geolocation. The methodology adopted combined literature review and analysis of judicial decisions. This allowed for the identification of conflicts between the use of geolocation evidence and the fundamental rights protected by the Federal Constitution. By observing the parameters of validity, harmony with fundamental rights, and the application of reasonableness and proportionality to the specific case, geolocation consolidates itself as an important procedural instrument within the scope of Labor Law.
  • Bachelor Thesis
    A efetividade da função punitivo-pedagógica nas indenizações por danos morais nos vazamentos de dados à luz da LGPD: uma análise normativo-jurisprudencial
    (Universidade Federal do Rio Grande do Norte, 2026-05-27) Tinoco, Marina Duarte; Melo, João Paulo dos Santos; https://orcid.org/0009-0006-7891-6360; http://lattes.cnpq.br/3075489502170827; 0009-0005-7887-1230
    The effectiveness of civil liability as an instrument for protecting personal data subjects is one of the central debates in contemporary private law in Brazil. Despite the entry into force of the General Personal Data Protection Law (LGPD) in 2020, data breaches continue to grow in number and scale, while judicial convictions remain at low levels and the sanctioning activity of the National Data Protection Authority (ANPD) is still incipient. This article aims to analyze the effectiveness of civil liability as an instrument for protecting the rights of personal data subjects in Brazil, with special focus on the punitive-pedagogical function of moral damage indemnifications arising from data breaches. To this end, the hypothetical deductive method is adopted, with bibliographic, documentary and empirical analysis of decisions from the Superior Court of Justice and state courts. The results show that the current civil liability model has low deterrent capacity, due to jurisprudential oscillation regarding the characterization of moral damage, the low values of indemnifications set and the high rate of dismissed claims. It is concluded that the LGPD is not a merely symbolic law, but its effectiveness depends on consistent improvements: expanding the recognition of presumed moral damage, revising the criteria for setting the quantum of indemnification with incorporation of the punitive-pedagogical function, and strengthening the administrative action of the ANPD.
  • Bachelor Thesis
    Admissibilidade de elementos cognitivos produzidos por Inteligência Artificial na persecução penal: parâmetros de controle judicial e fiabilidade epistêmica
    (Universidade Federal do Rio Grande do Norte, 2026-07-03) Guerra, Arthur Moreira Torquato de Almeida; Marques, Andreo Aleksandro Nobre; http://lattes.cnpq.br/7974320838282634; Saboya, Keity Mara Ferreira de Souza e; https://orcid.org/0000-0002-9823-8599; http://lattes.cnpq.br/0393204211774454; Medeiros Júnior, Leonardo; http://lattes.cnpq.br/1954147319758457
    This study critically examines the deployment of artificial intelligence (AI) within the scope of the Brazilian criminal prosecution, contextualized by the structural overburdening of the criminal justice system and a shifting punitive paradigm toward preventive and ex ante logics. The central objective of this research is to identify the main risks stemming from the use of these computational systems in criminal investigations and evidence gathering, while establishing parameters for judicial control over the admissibility of the evidentiary and investigative elements they produce. Regarding the methodology, a deductive method was adopted, utilizing national and foreign bibliographical and documentary research across the first two chapters, followed by an applied analysis of predictive policing and facial biometric recognition technologies in light of comparative law and domestic legislation in the third chapter. As a result, the investigation demonstrates that current tools operate under the paradigm of weak artificial intelligence (Weak AI), functioning on a purely statistical basis without understanding fundamental legal concepts such as intent or dangerousness. Consequently, this study concludes that AI-generated evidence must be treated as digital evidence of a technical-scientific nature and subjected to a three-step admissibility control: epistemic reliability, legal/constitutional compliance, and proportionality. Finally, it is argued that risk prediction systems based on actuarial logic are inherently inadmissible due to their failure to meet reliability requirements, whereas facial recognition demands strict regulatory safeguards against opacity and discriminatory biases to prevent violating fundamental guarantees of criminal procedure.
  • Bachelor Thesis
    A evolução legislativa dos direitos dos Agentes Comunitários de Saúde e dos Agentes de Combate às Endemias: a regulamentação do art. 198, §10, da Constituição Federal e a análise constitucional do PLP 185/2024
    (Universidade Federal do Rio Grande do Norte, 2026-06-16) Coutinho, Ariane Soares da Silva; Gurgel, Yara Maria Pereira; https://orcid.org/0000-0003-4012-9995; http://lattes.cnpq.br/8686260157736966; 0009-0008-8133-7778; http://lattes.cnpq.br/9497596342664451
    Community Health Agents (CHAs) and Endemic Disease Control Agents (EDCAs) play a fundamental role in the implementation of Brazil’s Unified Health System (SUS), acting directly in health promotion, disease prevention, epidemiological surveillance, and the expansion of access to primary health care services. Recognizing the social relevance of these professionals and the occupational risks associated with their activities, Constitutional Amendment No. 120/2022 introduced paragraph 10 into Article 198 of the Federal Constitution, granting them the right to an insalubrity allowance and to a special retirement regime. However, despite this constitutional provision, the retirement benefit has not yet been effectively implemented due to the absence of complementary legislation regulating its requirements and conditions. In this context, this study aims to analyze the effects of the lack of regulation of Article 198, paragraph 10, of the Federal Constitution on the effectiveness of the rights guaranteed to CHAs and EDCAs, as well as to examine the legal adequacy of Complementary Bill No. 185/2024 as an instrument for implementing this constitutional guarantee. The research adopts a qualitative approach based on bibliographic and documentary analysis, examining constitutional provisions, legislative proposals, legal doctrine, case law, and relevant scientific literature. The findings indicate that the legislative omission undermines the effectiveness of a constitutionally guaranteed social right and conflicts with principles such as human dignity, the value of labor, and the principle of non-retrogression of social rights. The study concludes that Complementary Bill No. 185/2024 constitutes a legally appropriate mechanism for regulating the special retirement regime applicable to these professionals, overcoming the current legislative omission and enabling the effective enjoyment of the constitutional right established by Constitutional Amendment No. 120/2022.
  • Bachelor Thesis
    Estelionato eletrônico praticado mediante uso indevido de dados de advogados: desafios penais e digitais na proteção da advocacia e dos clientes
    (Universidade Federal do Rio Grande do Norte, 2026-06-30) Lima, Vanessa Susan de Araújo; Pereira, Erick Wilson; https://orcid.org/0009-0005-9147-9516; http://lattes.cnpq.br/0875921292981128; 0009-0005-2938-1964
    This article addresses the crime of electronic fraud committed through the improper use of lawyer data, a criminal modality that has come to directly threaten the legal profession and its clients. The research analyzes the legislative evolution of fraud in Brazil, from the Criminal Code of the Empire (1830) to the innovations brought by Law No. 14,155/2021, which typified electronic fraud in § 2º-A of Art. 171 of the Penal Code, and by Law No. 15,397/2026, which introduced the figure of the orange account cession. It specifically examines the operational systematics of the fake lawyer scam, structured in data intelligence, technology, social engineering, and financial logistics nuclei. It also investigates the vulnerability of the Electronic Judicial Process (PJe) system as a data source for perpetrating frauds, discussing the tension between procedural transparency and data protection. It concludes that punitive recrudescence, unaccompanied by the strengthening of state investigative capacity and reforms in the security architecture of electronic judicial systems, produces a symbolic punitivism insufficient to contain the advance of criminal organizations specialized in digital fraud.
  • Bachelor Thesis
    A concretização dos direitos humanos das vítimas de tráfico internacional de pessoas: uma análise à luz das decisões proferidas pelo Tribunal Regional Federal da 5ª Região
    (Universidade Federal do Rio Grande do Norte, 2026-06-11) Oliveira, Lara Vitória Melo de; Pereira, Erick Wilson; https://orcid.org/0009-0005-9147-9516; http://lattes.cnpq.br/0875921292981128; 0009-0007-5347-2377
    This study analyzes the realization of the human rights of victims of human trafficking in the judgments handed down by the Federal Regional Court of the 5th Region. The objective is to understand to what extent the human rights of victims, provided for in national and international instruments to combat human trafficking, have been effectively implemented in the jurisdictional sphere. The methodology had a qualitative nature, exploratory nature and deductive method, through bibliographic research associated with jurisprudential analysis, whose primary data were collected by consulting the Jurisprudence database of the TRF of the 5th Region, through the artificial intelligence tool called "Julia", made available by the Court itself. As a result, there were advances related to the preservation of the victims' identity and institutional and international cooperation. However, processes of institutional revictimization, the existence of a specific profile of victims and an interpretative divergence regarding the autonomy and expression of the victim's will were also identified. It is concluded that, in the decisions analyzed, the TRF of the 5th Region did not make adequate use of the guidelines provided for in the domestic legal system.
  • Bachelor Thesis
    O overruling à luz da legislação consumerista: casos de (in)segurança jurídica
    (Universidade Federal do Rio Grande do Norte, 2026-07-02) Silveira, Maria Clara Tavares Santana da; Alves, Fabrício Germano; http://orcid.org/0000-0002-8230-0730; http://lattes.cnpq.br/4247505371266682; https://orcid.org/0000-0001-6661-1160; http://lattes.cnpq.br/6526329967383786
    This study analyzes the phenomenon of overruling (overruling precedents) in the Brazilian legal system, focusing on its impacts on legal certainty in consumer relations within the context of collective proceedings. Starting from the premise that the institutionalization of a precedent system by the 2015 Code of Civil Procedure established a hybrid and sui generis model in Brazil, this work aims to investigate the dialectical tension between the need for jurisprudential evolution and the postulate of the stability of the legal system. Using a qualitative methodology, with a hypothetical-deductive method and bibliographic-jurisprudential research, the hermeneutical problem of overruling precedents is examined, considering, for this purpose, the analysis of judgments from the Supreme Federal Court (STF) and the Superior Court of Justice (STJ), in order to demonstrate how the application of overruling and the modulation of effects is not neutral, but rather, oriented depending on the subject matter. It can be concluded, therefore, that overruling, as a mechanism for purifying the system, seeks legal certainty in consumer matters, as a principle to be constantly weighed against the protection of the vulnerable in collective proceedings.
  • Bachelor Thesis
    A cadeia de custódia no processo penal : uma análise bibliográfica sobre a integridade das provas e a possibilidade do desenvolvimento de nulidades
    (Universidade Federal do Rio Grande do Norte, 2026-06-26) Galvão Neto, Jarbas Braz; Leão, Paulo Roberto Dantas de Souza; http://lattes.cnpq.br/1401819129523664
    This paper seeks to develop the theme of the Chain of Custody in Criminal Proceedings, from the perspective of the integrity of evidence and the possibility of recognizing nullities. Thus, its general objective is to point out how the Chain of Custody is indispensable to ensure the integrity of evidence and thus avoid procedural nullities. As for the specific objectives, it aims to: (1) study the General Theory of Evidence in Brazilian Criminal Procedural Law; (2) present the concept of Chain of Custody and describe the importance of the validity of the Anticrime Package for its regulation; inform about nullities in Brazilian Criminal Procedural Law and analyze the consequences of breaking the Chain of Custody for the integrity of evidence and for the recognition of procedural nullities. Regarding justification, this is a topic that discusses the completeness, reliability and suitability of evidence in Criminal Procedural Law, essential aspects for the authenticity of the expert evidentiary context used to substantiate the criminal decision and form the judge's conviction, therefore studying this subject has the purpose of reducing procedural injustices.
  • Bachelor Thesis
    Violência doméstica e no trabalho: um estudo de caso do Tribunal Regional do Trabalho da 21ª Região
    (Universidade Federal do Rio Grande do Norte, 2026-06-30) Moura, Walesca Araújo de; Veras, Érica Verícia Canuto de Oliveira; https://orcid.org/0000-0002-7707-4003; http://lattes.cnpq.br/6098251246978722; Chaves, Luciano Athayde; https://orcid.org/0000-0002-5174-9527; http://lattes.cnpq.br/5567771993934287; Evangelista, Gabriela Borba; http://lattes.cnpq.br/1196351847590081
    This study aims to understand the ramifications of gender-based violence in the corporate environment, specifically regarding the dynamics between the female worker and the employer following the implementation of paid leave, as provided for in Article 9, § 2, II, of the Maria da Penha Law. To achieve this objective, a qualitative methodology with a descriptive research design was adopted. Research techniques included a literature review covering the concepts of patriarchy, gender, the sexual division of labor, and legal protections for victims in the workplace. Additionally, a documentary search was conducted using the "Falcão" electronic system, identifying a decision by the Regional Labor Court of the 21st Region (TRT21) that served as the basis for a case study. The dispute analyzed involved discriminatory dismissal and the imposition of forced vacation time while the victim was in institutional care, highlighting how domestic violence erodes employment relationships. Furthermore, the analysis demonstrates the effectiveness of applying the guidelines from the National Council of Justice (CNJ) Protocol for Judging with a Gender Perspective in counteracting structural inequalities during legal proceedings. In conclusion, the study finds that formally guaranteed substantive rights do not, in themselves, prevent the persistence of discriminatory practices or the reproduction of patriarchal logic in the workplace. It concludes that the labor justice system must perform a reconstructive role through a conscious interpretive process, moving beyond traditional neutrality to realize substantive equality and, consequently, ensure safe and supportive work environments for women.
  • Bachelor Thesis
    O papel das corregedorias militares estaduais no fortalecimento da Justiça Militar à luz do § 5º do art. 10 da Lei 14.751/2023
    (Universidade Federal do Rio Grande do Norte, 2026-06-30) Oliveira, Camila Fernandes de; Leão, Paulo Roberto Dantas de Souza; http://lattes.cnpq.br/1401819129523664; Pereira, Erick Wilson; https://orcid.org/0009-0005-9147-9516; http://lattes.cnpq.br/0875921292981128; Alcântara, Ricardo Wagner de Souza; https://orcid.org/0000-0002-2933-3373; http://lattes.cnpq.br/6566254988094008
    This study aims to analyze the performance of the oversight bodies of state military institutions, seeking to understand how these bodies contribute to the effectiveness of Military Justice, especially after the enactment of §5 of Article 10 of Law 14.751/2023, which regulated the performance of state military oversight bodies. This is a qualitative research study with a deductive and dialectical approach, employing bibliographic and documentary research, as well as an examination of relevant legislation and specialized doctrines. In addition, an empirical study of a mixed-methods (qualitative and quantitative) nature was conducted through a survey using an electronic questionnaire administered to military police and fire departments throughout Brazil. The results obtained demonstrated that the role of state military inspectorates is significantly relevant to the effectiveness and strengthening of military justice, since they act in the pre-trial phase, investigating military crimes through judicial police activities, and also act as support bodies in the execution of warrants and judicial measures within their institutions, as outlined in §5 of article 10 of the aforementioned Law. Finally, the work developed internally by the inspectorates, both in the investigation and punishment of disciplinary transgressions and in preventive actions, contributes significantly to maintaining the integrity of their institutions, as well as to preserving the most basic principles of militarism: hierarchy and discipline.
  • Bachelor Thesis
    As transformações do direito do trabalho no contexto da reforma trabalhista: uma análise crítica das implicações jurídicas sobre a desigualdade de gênero no Brasil
    (Universidade Federal do Rio Grande do Norte, 2026-06-08) Guerra, Clarissa Maria Beserra; Duarte Neto, Bento Herculano; https://orcid.org/0000-0003-2045-8185; http://lattes.cnpq.br/4448792481460599; https://orcid.org/ 0009-0003-1575-8527; http://lattes.cnpq.br/9638891203824070; Freire, Leonardo Oliveira; https://orcid.org/0000-0002-6688-8538; http://lattes.cnpq.br/3263821619188327; Rosário, José Orlando Ribeiro; https://orcid.org/0000-0001-5307-3404; http://lattes.cnpq.br/7497832675271260
    The present article analyzes the impacts of the Labor Reform (Law nº. 13.467/2017) on the Brazilian legal system from a gender perspective, seeking to understand the reasons that led to such normative changes and how they have affected the protective guarantees afforded to women workers. Initially, it examines the trajectory of women’s participation in productive dynamics through a historical and critical gender-based analysis, emphasizing the distinction between productive and reproductive labor. It then analyzes the evolution of legal protection for women’s labor within Brazilian legislation, conducting a comparative analysis of the changes introduced by the Labor Reform, highlighting the influence of the neoliberal agenda and its impacts on the flexibilization of labor relations and the relativization of regulatory protections. The methodology employs bibliographic and documentary analysis, grounded in the theoretical and conceptual framework of Silvia Federici and Nancy Fraser. The comparative analysis concludes that the Labor Reform intensified the precarization of women’s labor and deepened the vulnerabilities historically faced by women workers.