Monografias de Graduação
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Bachelor Thesis A efetivação do direito à saúde materna no sus: um estudo sobre a percepção de acesso e humanização do atendimento à mulher gestante no município de Currais Novos/RN(Universidade Federal do Rio Grande do Norte, 2025-12-11) Silva, Iandra Lorrayne Pereira da; Almeida, Juan de Assis; Almeida, Juan de Assis; 0000-0001-9171-1606; http://lattes.cnpq.br/5750949750739026; http://lattes.cnpq.br/9215945646263743; Lima, Camilla Montanha de; http://lattes.cnpq.br/7260517597107788; Medeiros, Orione Dantas de; http://lattes.cnpq.br/8104573500661183This study analyzes whether pregnant women assisted by the Unified Health System (SUS) in the municipality of Currais Novos/RN have their fundamental rights effectively guaranteed during prenatal and postnatal care, considering that lacks in public health services may directly violate the principle of human dignity. The main objective is to verify whether these women receive clear information, adequate assistance, emotional support, and professional guidance consistent with the standards established by Brazilian legislation and maternal health public policies. To achieve this purpose, the research employs a bibliographic method, reviewing constitutional norms, infraconstitutional legislation, guidelines of the Ministry of Health, and documents related to the protection of pregnant women’s rights, combined with the application of questionnaires directed to both pregnant women in the municipality and health professionals involved in maternal care. These questionnaires aim to identify obstacles in access to medical appointments, difficulties in scheduling and completing examinations, the quality of information provided, and the technical preparation and sensitivity of professionals in situations of risk, pregnancy loss, or emotional vulnerability. Preliminary findings show that the experiences reported by pregnant women reveal significant failures in the fulfillment of their legal guarantees, particularly regarding the right to information, autonomy, and humanized care, indicating a structural fragility that compromises the effectiveness of local public policies. The research ultimately seeks to contribute to the legal debate on the implementation of pregnant women’s fundamental rights within the municipal context, demonstrating that insufficient maternal care not only violates legal norms but also increases inequalities and exposes women to avoidable physical and emotional suffering. It is therefore considered that acknowledging these lacks, together with the production of real data, may reinforce the need for more efficient governmental action and guide improvements in the provision of maternal health services in the municipality at the center of this study, Currais Novos/RN.Bachelor Thesis A tutela compensatória e punitiva do consumidor hipervulnerável: análise crítica dos fundamentos e consistência do dano moral arbitrado pelo TJRN em casos de contratações fraudulentas de RMC/RCC.(Revista Cientifica Cognitio Juris, 2025-12-08) Azevedo, Vitoria Eduarda Mathias.; Almeida, Juan de Assis; Almeida, Juan de Assis; Almeida, Juan de AssisThis study critically analyzes the granting of moral damages compensation by the Court of Justice of Rio Grande do Norte (TJRN) in cases of fraud involving Consignable Margin Reserve (RMC) and Consignable Credit Card (RCC) against hyper-vulnerable consumers. The research problem questions to what extent the dosimetry criteria adopted by TJRN ensure the effectiveness of judicial protection of the rights of elderly consumers, retirees and pensioners of the National Social Security Institute (INSS). The general objective is to verify the effectiveness of protection through examination of applied compensatory criteria and their compliance with the principles of proportionality, reasonableness and comprehensive protection of hyper-vulnerable consumers. A qualitative approach is adopted, based on exploratory and descriptive research, using the deductive method, with bibliographic, documentary and jurisprudential research techniques. Twenty collegiate decisions issued between January 2024 and October 2025 were systematically analyzed. The results demonstrate that, although TJRN unanimously recognizes the hyper-vulnerability of consumers and the objective liability of financial institutions, the awarded amounts prove to be manifestly insufficient to fulfill the punitive-pedagogical function of civil liability. The average value of awarded compensations was R$ 3,322.19, with a median of R$ 3,000.00, representing negligible amounts given the economic capacity of convicted institutions. The absence of objective dosimetry criteria was identified, with systematic omission of analysis of the offender's economic capacity and recurrence of conduct, in addition to significant inconsistencies between substantially similar cases. It is concluded that the analyzed jurisprudence, although formally protective, lacks material effectiveness, perpetuating fraudulent practices by transforming judicial convictions into mere "operational costs" easily absorbed by financial institutions. A biphasic fixing methodology is proposed with a guiding base value of R$ 8,000.00 and application of objective increase and reduction factors, aiming to ensure isonomy, predictability and effective deterrence of harmful conduct.Bachelor Thesis O conflito entre o direito da saúde e as relações contratuais: uma análise da taxatividade mitigada na jurisprudência do Superior Tribunal de Justiça(Contribuciones a Las Ciencias Sociales, 2025-10-30) Nóbrega, Ana Beatriz Cavalcante da; Almeida, Juan de Assis; Almeida, Juan de Assis; https://orcid.org/0000-0001-9171-1606; https://orcid.org/0009-0003-1978-3180; https://orcid.org/0000-0001-9171-1606; https://orcid.org/0000-0001-9171-1606The discussion about the legal nature of the list of healthcare procedures and events established by the National Supplementary Health Agency (ANS) has generated considerable controversy within the Brazilian judiciary. Thus, the establishment of the mitigated taxability thesis aims to balance relevant values, which create the conflict between health law and the rules governing contractual relationships. The issue of this essay lies in the consequences of the definition of mitigated taxability for consumers, providers, and the supplementary healthcare system itself. The study aimed to analyze the case law of the Superior Court of Justice (STJ) on the application of the mitigated taxability thesis, assessing its foundations, impacts, and criticisms. To this end, a descriptive and qualitative legal methodology was used, based on case law, doctrinal, and legislative research. It was found that, although the thesis seeks to balance relevant constitutional values (such as consumer protection and the right to health) with the need to preserve the economic and actuarial balance of contracts, in practice, the STJ's decision has not reduced the judicialization of supplementary health care and still creates legal uncertainty regarding the coverage of procedures. It is concluded that understanding the limits and effects of mitigated taxability is essential for improving the supplementary health care system and for upholding human dignity