Revista do Instituto de Direito Constitucional e Cidadania

O The use of artificial intelligence in criminal law and its impact on the fundamental rights of non-discrimination and privacy

Sara Matias Ferrari Pereira, Tarsis Barreto Oliveira — Sat, 28 Dec 2024 00:00:00 -0300

This article investigates the use of artificial intelligence (AI) in criminal law and its implications for fundamental human rights, addressing the ethical, legal and social issues associated with its growing adoption. The study presents the context of its origin and highlights the advances in the use of technology in the criminal sphere, such as facial recognition and predictive analysis, which have transformed various sectors, but which also raise concerns about privacy, algorithmic biases and the lack of transparency in automated decisions. Focusing on the practical aspects of AI in criminal law in countries such as the United States, China and Brazil, the research analyzes the impacts on fundamental rights and the emerging ethical and social challenges, using case studies and national and international policies as a reference. This time frame, centered on the first lines of thought on artificial intelligence up to the present day, aims to present a critical reflection on how AI is shaping the judicial system and the principles of justice, considering the conflicts that arise with the adoption of technological innovations in a scenario that is still adapting. The methodology adopted was bibliographical research, using books, articles and legislation related to the topic.

Legal Pluralism and New (Human) Rights

Sun, 16 Feb 2025 00:00:00 -0300

This work discusses the difficulties faced by state legal systems in their interactions with peripheral populations claiming rights. It problematizes, from the perspective of legal pluralism, the possibility of guaranteeing human rights through the dialogue between the State and collective subjects, such as indigenous peoples. The aim of the study is to discuss the main issues arising from the relationship between state law and other legal orders, questioning how this problem should be addressed within the theoretical framework of legal pluralism, understood from a critical and emancipatory perspective. The text is essayistic and seeks in the selected bibliography the main arguments regarding the problem proposed, promoting a debate on the connections between different forms of legality. It concludes that it is desirable for state law to open up to legal expressions of traditional peoples, with the purpose of preserving non-hegemonic cultures. This phenomenon should be discussed from a legal pluralism that emphasizes community participation and an emancipatory commitment.

Civil liability of the logistics company in electronic commerce

Leonardo Bezerra Leão, Fábio Fernandes Neves Benfatti — Sun, 16 Feb 2025 00:00:00 -0300

This article aims to analyze the legal and jurisprudential aspects related to logistics in e-commerce, adopting an interdisciplinary approach. Although e-commerce is a widely recognized area, the focus is usually on the functioning of the virtual establishment, with less attention to logistics issues. The study presents the main concepts of logistics and the pertinent contracts, with emphasis on the transport contract, since the products are delivered to customers outside the physical establishment. The research examines the relevant legislation, including the Civil Code and Law No. 11,442. In a context in which delays and damages in deliveries can significantly impact consumer satisfaction, what is the scope and nature of the civil liability of logistics companies in e-commerce? To address the proposed research problem, the methodology used will be the bibliographic review, analyzing the existing literature on civil liability. The general objective of this study is to examine and understand the civil liability of logistics companies in the context of e-commerce, analyzing how legal provisions and case law regulate this liability and identifying the challenges faced by these companies to comply with their legal and contractual obligations. And as a specific objective, to analyze the legal norms and identify and interpret the provisions of the Brazilian Civil Code, the Consumer Defense Code and Law No. 11,442/2007 related to the civil liability of logistics companies in e-commerce. It was found that case law attributes objective liability to the carrier for loss of goods, but exempts it in cases of theft or robbery, considering them unforeseeable events that transfer the risk to the supplier.

The decline of multi-partyism in Brazilian peripheral modernity

Júlio César Reccanello Magalhães, Natalia Maria Ventura da Silva Alfaya — Sun, 16 Feb 2025 00:00:00 -0300

In the present work, the focus is on the Brazilian political multiparty system, its constitutional provision as a fundamental right and guarantee, stemming from the deprivation of rights during the military regime, which led to the creation of a prolix constitution aimed at ensuring various rights. It also examines the process of modernization of Brazilian society, which occurred peripherally, and this is one of the issues that contributed to the proliferation of political parties. This phenomenon arises as elites seek to maintain power, even if by wielding minimal authority, using political parties as a means to achieve this. Thus, the decline of the multiparty system is attributed to the way Brazilian society modernized, as parties are employed for the perpetuation of elites rather than fulfilling the purposes intended by the Constitution’s mens legis.

Impacts of artificial intelligence on contemporary constitutionalism

Anderson Filipini Ribeiro, Diego Prezzi Santos, Filipe Mello Sampaio Cunha — Sun, 16 Feb 2025 00:00:00 -0300

This article explores its implications and challenges for artificial intelligence. It focuses on the analysis of ChatGPT. It describes the impact of this technology. Modern constitutionalism respects human equality and dignity and emphasizes the logic and challenges it poses. It is concluded that understanding ChatGPT is important to optimize its use and avoid problems and misuse. This study was conducted using a deductive approach based on specific literature searches.

Right to environmental information in the context of the technological society

Rachel de Paula Magrini Sanches, Deise Marcelino da Silva — Mon, 17 Feb 2025 00:00:00 -0300

This article examines, in the context of the technological society, the right to access environmental information in Brazil, highlighting the analysis of Special Appeal nº 1857098/MS and its implications for the UN SDGs. Part of this research is the study of Law nº 10.650/2003 and Decree nº 6.514/2008 for the importance in promoting environmental transparency. Although it is in the context of the technological society and legislation has facilitated access to data and promoted public participation in environmental issues, this study identifies significant challenges, such as the limitation of access to information to Sisnama bodies and the need for alignment with modern communication technologies. The importance of expanding the scope of legislation and adopting digital technologies to ensure broader and more efficient access to environmental information is emphasized, in line with the promotion of sustainability and the achievement of the SDGs, especially those related to transparency, environmental justice and collaboration between different social actors. The research adopted the bibliographic and documentary survey, based on normative provisions, especially the analysis of Special Appeal nº 1857098/MS.

Democracy, electoral process and trust in the digital age

Christiane Costa Assis, Adriana Campos Silva, Adamo Dias Alves — Mon, 17 Feb 2025 00:00:00 -0300

This paper aims to analyze the relationship between the Internet, especially social media, and voters' trust in the electoral process. The paper presents the particularities of the digital public sphere and addresses how the electoral process should promote the stabilization of expectations and absorb protests, overcoming the "winner-loser effect" and the difficulties of regulating the Internet. The deductive method and bibliographic and documentary research techniques were adopted to develop the research, selecting the best primary and secondary bibliographical sources on the researched theme. In conclusion, it is pointed out that the construction of a positive narrative about democracy on and off the internet is essential for its maintenance and that questions about the electoral process must take the form of democratic protests that can be absorbed by the system itself in order to maintain democratic integrity and quality.

Everything is (ill)lawful to me, but not everything is suitable to me

Tiago de Sousa Moraes, Caroline Müller Bitencourt — Tue, 18 Feb 2025 00:00:00 -0300

Supremecracy is understood, based on Oscar Vilhena Viera's proposal, as the peculiar institutional model adopted by Brazil through the Federal Constitution of 1988, which ambitiously granted several functions to the Supreme Federal Court, such as that of Constitutional Court, the highest body of the Judiciary, and a specialized forum. In Brazil, this phenomenon has been widely debated in light of the context of the Inquiry into antidemocratic acts and its consequences, with decisions being observed in the STF for its own institutional self-defense. In this sense, the research seeks to investigate: Is it possible to understand a new aspect of the Supreme Court based on the actions of the STF in combating antidemocratic acts? To this end, a qualitative approach and bibliographic procedure are used, based on direct and indirect documentation, through deductive and analytical-descriptive methods. As partial results, a series of decisions of the Supreme Court were recorded that, directly or indirectly, use questionable mechanisms from a constitutional point of view for their self-defense in the democratic arrangement.

The future of legal education

Wed, 19 Feb 2025 00:00:00 -0300

This article explores how Artificial Intelligence (AI) can be integrated into legal education to promote both efficient and humanistic learning. Drawing on the philosophy of praxis, AI is seen as a tool that can optimize legal research, create simulated scenarios, and personalize education. However, the article emphasizes that the use of these technologies must be accompanied by a focus on ethics, social justice, and the development of critical skills. It argues that humanistic legal education, combined with AI, can form professionals capable of transforming society by using the law as an instrument for justice and equity.

The applicability of the gender trial protocol in Brazilian criminal proceedings

Giovana Ferreira Soares, Tarsis Barreto Oliveira — Tue, 01 Apr 2025 00:00:00 -0300

This article aims to evaluate the Gender Perspective Judgment Protocol, created by the National Council of Justice (CNJ) in 2021, in the context of Brazilian criminal procedural law. To achieve this, the methodology adopted was bibliographic and documentary research, with qualitative analysis, through readings of physical and digitais books, scientific articles, legislation, international conventions and doctrines relevant to the field of study, in addition to case law and case studies. The analysis of judicial decisions aimed to relate the theoretical study of the Protocol with its practical application in the courts. The study presents the concept and historical events that motivated the creation of the Protocol, in addition to examining judicial decisions with the objective of relating its theoretical basis with practical application in the courts. To this end, examples of media cases are analyzed and, subsequently, their applicability with a focus on the Court of Justice of Tocantins.The results of the study concluded that there have been significant advances in the achievement of women's rights and in the fight against gender-based violence, with the application of the Protocol in several legal proceedings in courts throughout Brazil. However, it was demonstrated that there is a need to further expand its use in order to ensure greater effectiveness in criminal justice and minimize resistance to a gender perspective in judicial decisions.