Revista Direitos Humanos e Democracia
type: channel
description: Revista Direitos Humanos e Democracia is a semiannual publication from the Postgraduate Program in Law of UNIJUÍ. Launched in 2013, the journal aims to create a privileged space for the circulation of different researches dedicated to the critical and transdisciplinary study of the foundations, public policies, justice apparatus and the problems of effectiveness and concretization of Human Rights in contemporary society - national and international. ISSN: 2317-5389
publisher: EDITORA UNIJUI
language: en
publication name: Revista Direitos Humanos e Democracia
issn: 2317-5389
copyright: By publishing in the Revista Direitos Humanos e Democracia, authors agree to the following terms: Articles are licensed under the Creative Commons Atribuição 4.0 Internacional (CC BY 4.0), which allows: Share — copy and redistribute the material in any medium or format; Adapt — remix, transform, and build upon the material for any purpose, including commercial use. These permissions are irrevocable, provided the following terms are respected: Attribution — authors must be properly credited, with a link to the license and indication of any modifications made; No additional restrictions — no legal or technological measures may be applied that restrict the use permitted by the license. Notices: The license does not apply to elements in the public domain or covered by legal exceptions. The license does not grant all rights required for specific uses (e.g., image rights, privacy, or moral rights). The journal is not responsible for opinions expressed in the articles, which remain the sole responsibility of the authors. The Editor, with the support of the Editorial Committee, reserves the right to suggest or request modifications when necessary. Only original scientific articles presenting research results of interest, not previously published or simultaneously submitted to another journal with the same purpose, will be accepted. References to trademarks or specific products are intended solely for identification purposes and do not imply any promotional endorsement by the authors or the journal. License Agreement: Authors retain copyright over their articles and grant the Revista Direitos Humanos e Democracia the right of first publication.
items: The violation of human rights in the prison system: An analysis based on gender and vulnerable groups
items: Considerations on the reality of elderly people deprived of freedom in Brazil
items: Migration and education through fraternal law: Contributions of school mediation to the realization of the human right to education for migrant children and adolescents in Brazil
items: Indigenous peoples as subjects of decolonial international law: The protection of indigenous peoples in the inter-american system of human rights
items: Multidimensional poverty understood as an autonomous element of human rights violation
items: Qualified precedents in the Superior Court of Justice: Jurimetric analysis of repetitive themes in social security law
items: Adaptive capacities as a change strategy in complex environments: Public-private partnership in the prison system
items: Gender stereotypes and judicial decisions: An analysis of inter-american jurisprudence
items: Housing justice as a deprivation of capabilities: A conceptual model for public policies
items: Evictions during the covid-19 period in Brazil: an analysis of ADPF nº 828 as a structural decision in the effectiveness of the right to housing
items: Correlations between the classical conception of property and the collective property right to land: From Lohn Locke’s perspective to indigenous (non-)property rights in Brazil
items: Lili Elbe, Christine Jorgensen, and Valdirene são Orlandos by Virginia Woolf
items: Regulation and accountability of work on digital platforms
items: Education in human rights and domestic violence: A study on brazilian legal and political documents
items: Child poverty in argentina and the existential minimum
items: Institutional and institutional dimensions of human rights: dialectic tension in the inter-american human rights system
items: The construction of the right social security in Brazil: Democracy, cirizenship and human rights
items: Between normative status and intrinsic value: The meaning of human dignity in the foundation of human rights
items: Access to healthcare for LGBTQIAPN+ migrants: The human right to health from the perspective of the sustainable development goals
items: Accreditation as a tool for sustainable public acquisitions
items: Sustainable Development Goal (SDG) 16 (peace, justice and effective institutions) and access to justice in Brazil
items: Bukele, El Salvador and the last bastion of political populism in latin america
items: School mediation: Instrument to enforce the personality rights of victims of bullying perpetrated in the social space of schools
items: The prohibition of regression in environmental protection levels: a doctrinal aprraisal
items: The suffering of those who worked with human hights in the bolsonaro regime
items: Data protection and vulnerable groups in Brazil: the digital world as a reflection of the real world
items: The right to specialized support for autistic people in regular schools
items: Right to housing and social vulnerability: an analysis of the effects of neoliberal economic policy on housing financialization based on extraordinary appeal 860.361/SP
items: The field of law and ethnic-racial relations and anti-racist legal education in the Graduate Program in Law at the University of São Paulo (1980-2021)
items: Contributions of logosophic science to the digital world

The violation of human rights in the prison system: An analysis based on gender and vulnerable groups
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description: This article sought to discuss and analyze human rights violations in the Brazilian prison system, characterized by the systematic infringement of the fundamental rights of the incarcerated population. The analysis emphasizes the structural inequalities faced by prisoners, especially women, people with disabilities, the elderly, and the LGBTQIA+ population. The research, of a qualitative-quantitative nature, uses secondary data from SISDEPEN and the National Human Rights Ombudsman, supplemented by a literature review. It was observed that, although the majority of the prison population is male, women show a higher proportion of violations. A shortage of adequate structures in prison units to meet the needs of groups considered most vulnerable was also identified. The analysis reveals the perpetuation of an exclusionary prison model that intensifies social inequalities and undermines human dignity. It is concluded that the current system reinforces inequalities and necessitates more inclusive public policies aimed at resocialization.
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creator: Elizâni Lima de Souza
creator: Eduardo de Oliveira Saraiva
creator: Márcia Barroso Fontes
rights: Copyright (c) 2026 Elizâni Lima de Souza, Eduardo de Oliveira Saraiva, Márcia Barroso Fontes https://creativecommons.org/licenses/by/4.0/
date: 2026-04-17
publication date: 2026-04-17
starting page: e17394
ending page: e17394
doi: 10.21527/2317-5389.2026.27.17394

Considerations on the reality of elderly people deprived of freedom in Brazil
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description: The article in question presents considerations about the reality of elderly people deprived of their liberty in Brazil. The general objective of the research being developed is to understand how the social reality of elderly people deprived of liberty in Rio Grande do Sul is constituted, in order to relate it to the scope of state social protection. Methodologically, the research is constituted as having a mixed focus, materialized in two moments: a) Bibliographic Moment and b) Documentary Moment. The bibliographic collection was carried out by mapping scientific articles published between the years 2019 and 2024, using content analysis, under the bias of the critical dialectical method. In terms of results, it was evidenced that the incarceration of elderly people is permeated by expressions of social issues, such as poverty. Among the challenges of prison, precarious survival conditions that disregard human rights emerge with greater intensity. The main crimes committed by elderly men involve sexual abuse and drug trafficking among elderly women. Prison situations are aggravated by legislative inconsistencies regarding the chronological recognition of old age, which limit access to rights. It is concluded that in the Brazilian prison system the so-called social (lack of) protection of elderly people persists, since they are neglected regarding the particularities of aging.
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creator: Elisângela Maia Pessôa
creator: Rosilaine Coradini Guilherme
creator: Isadora Tavares dos Santos
rights: Copyright (c) 2026 Elisângela Maia Pessôa, Rosilaine Coradini Guilherme, Isadora Tavares dos Santos https://creativecommons.org/licenses/by/4.0/
date: 2026-04-17
publication date: 2026-04-17
starting page: e16877
ending page: e16877
doi: 10.21527/2317-5389.2026.27.16877

Migration and education through fraternal law: Contributions of school mediation to the realization of the human right to education for migrant children and adolescents in Brazil
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description: This research addresses the phenomenon of migration and the human right to education. The general objective is to analyze the contributions of school mediation to the realization of the human right to education for migrant children and adolescents. The specific objectives are: 1) To address the (non-)access to the human right to education by migrant children and adolescents in the Brazilian context; 2) To present the contributions of school mediation as a mechanism for the realization of human rights and the treatment of conflicts in the school environment involving migrants. The theoretical basis used to support the discussion is Eligio Resta's Theory of Fraternal Law and Luis Alberto Warat's perspectives on transformative mediation. Methodologically, the research employs the hypothetical-deductive method, guided by bibliographic and documentary analysis. Given the intersection between migration and education produced by the Theory of Fraternal Law, the following question arises: What are the contributions of school mediation to the realization of the human right to education for migrant children and adolescents in Brazil? From a community and popular perspective, school mediation takes on its transformative dimension when it stimulates the construction of shared common spaces, based on non-violent communication, a culture of peace, compassionate language, dialogue, and understanding, in order to realize the human right to education for migrant children and adolescents in Brazil.
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creator: Gabrielle Scola Dutra
creator: Cláudia Marília França Lima Marques
creator: Jamilly Fernandes Santana
rights: Copyright (c) 2026 Gabrielle Scola Dutra, Cláudia Marília França Lima Marques, Jamilly Fernandes Santana https://creativecommons.org/licenses/by/4.0/
date: 2026-04-17
publication date: 2026-04-17
starting page: e17895
ending page: e17895
doi: 10.21527/2317-5389.2026.27.17895

Indigenous peoples as subjects of decolonial international law: The protection of indigenous peoples in the inter-american system of human rights
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description: Since the turn of modernity, indigenous peoples have been constantly subjugated, so that their consideration as full subjects of Law is still questioned in many Latin American countries, making it extremely difficult for them to accept their traditions and worldviews. This situation facilitates the violation of their rights, especially due to the subalternity that surrounds them when it comes to claiming them. In view of this, this text has as its research problem the following question: based on the analysis of the participation of indigenous peoples in the Inter-American Human Rights System in demands against violations committed by the Brazilian State, how does Decolonial International Law contribute/could contribute to the understanding of indigenous peoples as subjects of international law? To answer the proposed question, we chose to use the dialectical method as a method of approach based on the qualitative understanding of the current structure of international law, which does not allow the effective participation of indigenous peoples in the construction of International Law, confronting it with the emergence of Decolonial International Law, which, through the intercultural dialogue and the consequent breaking of abyssal lines, ultimately sees indigenous peoples as subjects.
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creator: Gabriel Damasceno
creator: Tatiana de Almeida Freitas Rodrigues Cardoso Squeff
rights: Copyright (c) 2026 Gabriel Damasceno, Tatiana de Almeida Freitas Rodrigues Cardoso Squeff https://creativecommons.org/licenses/by/4.0/
date: 2026-02-05
publication date: 2026-02-05
starting page: e16948
ending page: e16948
doi: 10.21527/2317-5389.2026.27.16948

Multidimensional poverty understood as an autonomous element of human rights violation
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description: This paper aims to investigate, through a doctrinal study, the multidimensional poverty, which consequently calls for the establishment of new protective standards. To this end, the investigation approaches poverty in multidimensional terms from the perspectives of capabilities and human rights. Methodologically, the study predominantly employs the deductive research method. Additionally, the bibliographic research technique was adopted. As a result, poverty is identified as an autonomous element of human rights violations, aligned with Goal 1 and its targets of the United Nations 2030 Agenda for Sustainable Development, which addresses the eradication of poverty in all its forms and everywhere.
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creator: Paulo Henrique Amaral Motta
rights: Copyright (c) 2026 Paulo Henrique Amaral Motta https://creativecommons.org/licenses/by/4.0/
date: 2026-04-17
publication date: 2026-04-17
starting page: e17096
ending page: e17096
doi: 10.21527/2317-5389.2026.27.17096

Qualified precedents in the Superior Court of Justice: Jurimetric analysis of repetitive themes in social security law
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description: The research proposes a jurimetrics study focused on the qualified precedents of the Superior Court of Justice (STJ). The study acknowledges that Law, as a normative science, is not neutral and requires an articulation between qualitative and quantitative methods for an objective understanding of the socio-legal phenomenon. To this end, the study employs the jurimetric method to collect, process, and analyze judicial data, focusing on 64 repetitive themes from the STJ, divided into 14 categories, four of which (procedural issues, rural activity, accident assistance, and special activity) account for 54.68% of the total. These themes were extracted from the official STJ database, using specific exclusion criteria such as validity and thematic relevance. The results show that 78.2% of the theses were established unanimously, demonstrating the solidity and coherence among the Court's justices. This is even more significant considering that changes in the composition of the First Section did not affect the final understanding of the themes. Thus, it is concluded that the STJ acts to unify and harmonize social security law, addressing claims with attention to the social context and promoting a collegial understanding essential for the stability of the legal system. Moreover, the findings suggest that by adopting a firm constitutional hermeneutics, the STJ contributes to strengthening trust in judicial decisions, reflecting the Court's institutional maturity in interpreting and applying social security law.
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creator: Carlos Eduardo Ferreira Aguiar
creator: André Studart Leitão
creator: Cíntia Menezes Brunetta
rights: Copyright (c) 2026 Carlos Eduardo Ferreira Aguiar, André Studart Leitão, Cíntia Menezes Brunetta https://creativecommons.org/licenses/by/4.0/
date: 2026-02-05
publication date: 2026-02-05
starting page: e17333
ending page: e17333
doi: 10.21527/2317-5389.2026.27.17333

Adaptive capacities as a change strategy in complex environments: Public-private partnership in the prison system
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description: This study investigates the adaptive capabilities of the company JSOMA, operating in a Public-Private Partnership (PPP) in the Brazilian prison system, focusing on the Modulated State Penitentiary of Ijuí-RS. This is a single, exploratory, descriptive and qualitative case study, with a longitudinal and historical approach, based on the dimensions of organizational change analysis proposed by Pettigrew, Ferlie and McKee (1992) and on the direct research procedures of Mintzberg (1979). Data collection was carried out through semi-structured interviews, covering critical events between 2019 and 2024. The analysis highlights three strategic periods in which dynamic capabilities, especially the adaptive one, according to Wang and Ahmed (2007), emerged as an essential element for organizational effectiveness and sustainability. As its main theoretical contribution, the study proposes transferable analytical categories - based on analytical generalization (Yin, 2010) - that can broaden understanding and be explored in future research on the development of adaptive capabilities in interorganizational arrangements in a context of high institutional complexity.
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creator: Cidinei de Oliveira Cichoves
creator: Euselia Paveglio Vieira
creator: Jorge Oneide Sausen
rights: Copyright (c) 2025 Cidinei de Oliveira Cichoves, Euselia Paveglio Vieira, Jorge Oneide Sausen https://creativecommons.org/licenses/by/4.0/
date: 2025-10-28
publication date: 2025-10-28
starting page: e17255
ending page: e17255
doi: 10.21527/2317-5389.2025.26.17255

Gender stereotypes and judicial decisions: An analysis of inter-american jurisprudence
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description: This article offers a critical analysis of the influence of gender stereotypes within the Brazilian justice system, examining how patriarchal biases can compromise the impartiality of judicial decisions and the realization of women's rights. The choice of this topic is justified by the urgent need to address how deeply rooted socio-cultural constructs continue to negatively shape judicial practices, reinforcing inequality and gender-based violence. The study aims to identify the persistence of these stereotypes in national laws and jurisprudence, as well as to assess the incorporation of Inter-American human rights standards into Brazilian legislation and judicial practice. To this end, the research adopts a hypothetical-deductive method and relies on literature review and case law analysis. Paradigmatic cases from the Inter-American Court of Human Rights—such as González et al. ("Cotton Field") v. Mexico, Espinoza González v. Peru, and Barbosa de Souza v. Brazil—are examined, highlighting how gender-biased judicial decisions foster impunity and revictimization. The article also explores the impact of Brazil’s condemnation in the Márcia Barbosa case, emphasizing the creation of the Protocol for Judging with a Gender Perspective and other normative and institutional measures adopted. It concludes that, there have been legal and jurisprudential advances, although challenges to their concrete implementation still persist.
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creator: Eduardo Dias de Souza Ferreira
creator: Letícia Neves da Rocha Ribeiro dos Santos
creator: Rafaela da Silva Mac-Dowell Moura
rights: Copyright (c) 2026 Eduardo Dias de Souza Ferreira, Letícia Neves da Rocha Ribeiro dos Santos, Rafaela da Silva Mac-Dowell Moura https://creativecommons.org/licenses/by/4.0/
date: 2026-02-05
publication date: 2026-02-05
starting page: e17238
ending page: e17238
doi: 10.21527/2317-5389.2026.27.17238

Housing justice as a deprivation of capabilities: A conceptual model for public policies
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description: Housing justice, understood as a concept opposed to homelessness, is often reduced to a view of adequate housing, neglecting the complexity and multidimensionality of this conception. Using the hypothetical-deductive method and a literature review, this article interprets homelessness from the perspective of Amartya Sen and Martha Nussbaum's Capabilities Approach. The central hypothesis is that homelessness constitutes a deprivation of capabilities that transcends physical deprivation, requiring a multidimensional reconceptualization. With a structured theoretical framework, the article proposes six dimensions that, together with the work on capabilities, form the basis of a conceptual model. This model explains what is understood by homelessness as capability deprivation, while situating housing concepts within a broader political-philosophical discourse on housing justice. It recognizes housing as a locus of well-being and capabilities as a valuable informational basis for evaluating public policy outcomes.
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creator: Anderson Vinicios Branco Lutzer
creator: Airton Adelar Mueller
rights: Copyright (c) 2026 Anderson Vinicios Branco Lutzer, Airton Adelar Mueller https://creativecommons.org/licenses/by/4.0/
date: 2026-04-17
publication date: 2026-04-17
starting page: e17149
ending page: e17149
doi: 10.21527/2317-5389.2026.27.17149

Evictions during the covid-19 period in Brazil: an analysis of ADPF nº 828 as a structural decision in the effectiveness of the right to housing
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description: This essay aims to analyze the right to housing in the Covid-19 pandemic and its consequences, focusing on Brazilian families belonging to vulnerable classes experiencing housing insecurity. In this sense, to carry out this study, the fundamental rights of the Federal Constitution that permeate the topic, the Treaties, Pacts and Conventions to which Brazil is a signatory and which protect the right to housing, were developed. Continuously, the suspensions of evictions and removals imposed proposed by Federal Law nº 14.216/2021 and by the Claim of Non-Compliance with Fundamental Precept - ADPF nº 828 were investigated, in particular, the structuring decision contained in the fourth incidental provisional protection, questioning the regime of transition proposed from October 31, 2022, when the suspensions under Federal Law Nº 14.216/2021 are no longer in force. Finally, the importance of the structural process and structuring decisions for the effectiveness of fundamental rights will be demonstrated.
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creator: Tania Amaral Rosenblum
creator: Guilherme Antunes da Cunha
rights: Copyright (c) 2026 Tania Amaral Rosenblum, Guilherme Antunes da Cunha https://creativecommons.org/licenses/by/4.0/
date: 2026-04-17
publication date: 2026-04-17
starting page: e16642
ending page: e16642
doi: 10.21527/2317-5389.2026.27.16642

Correlations between the classical conception of property and the collective property right to land: From Lohn Locke’s perspective to indigenous (non-)property rights in Brazil
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description: The aim of this article is to point out the convergence of the classical conception of property, based on John Locke, with the universal right to collective property and access to land by indigenous people, as exemplified by the Case of the Xucuru Indigenous People and their Members v. Brazil, judged by the IA Court. The text presents three sections, with a historical approach to the notion of property and the foundations and premises of the right to land ownership, from the Lockean perspective; the characteristics of the establishment of property in Brazil, in particular the concentration of land and the continued denial of access by minority groups, such as the indigenous people, a situation that has remained unchanged, like the temporal milestone thesis; and finally, the possibility of dialogue between the classical conception of property and the collective ownership of indigenous land, based on the analysis of Brazil’s condemnation by the IA Court for the violation of the Xucuru's right to property. It concludes that the classical conception of property, as a political theory, legitimized the right to property in Brazil, which was initially guaranteed to the captains and, currently, to the landowners, but the same understanding was not applied to the indigenous people’s right to property, a situation that continues today. The research method is deductive, with exploratory, descriptive and qualitative analysis, and the research techniques are documental and bibliographical.
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creator: Denise Tatiane Girardon dos Santos
creator: Domingos Benedetti Rodrigues
creator: Aline Antunes Gomes
rights: Copyright (c) 2026 Denise Tatiane Girardon dos Santos, Domingos Benedetti Rodrigues, Aline Antunes Gomes https://creativecommons.org/licenses/by/4.0/
date: 2026-02-05
publication date: 2026-02-05
starting page: e16512
ending page: e16512
doi: 10.21527/2317-5389.2026.27.16512

Lili Elbe, Christine Jorgensen, and Valdirene são Orlandos by Virginia Woolf
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description: In recent decades, the interdisciplinarity between critical theory, literature, and cultural studies has established itself as a fertile field of research for the debate on the body, gender, and power relations in contemporary society. This article proposes an in-depth analysis of the possibility of interposing discourses from different literary genres, articulated from a statement and a real, historically situated context. We take a comparative and intertextual look that brings together the theoretical contributions of Michel Foucault, especially in the relationship between knowledge and power, with the work of Virginia Woolf, whose texturality and subversion of gender paradigms gain momentum in the narrative of Orlando. The methodology took into account qualitative bibliographic research, documentary analysis, and comparative analysis of the representativeness of the precursors of the study of the transsexual body in the figures of Lili Elbe, Christine Jorgensen, at the international level, Valdirene, in the Brazilian context, and the character Orlando, a literary narrative by Virginia Woolf. We can understand that in the 1920s, Woolf understood the barriers and difficulties that transgender people faced and would face over the years, where fiction represents the reality experienced.
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creator: Claudio Noel de Toni Junior
rights: Copyright (c) 2025 Claudio Noel de Toni Junior https://creativecommons.org/licenses/by/4.0/
date: 2025-11-10
publication date: 2025-11-10
starting page: e16531
ending page: e16531
doi: 10.21527/2317-5389.2025.26.16531

Regulation and accountability of work on digital platforms
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description: This article presents the technological transformations driven by digital platforms and their effects on the precarization of labor relations, emphasizing the urgent need to incorporate the principles of international human rights treaties into the labor law framework. Its general objective is to analyze the tensions between technological innovation and the social protection of workers linked to big techs within these platforms. The specific objectives are: (i) to map the regulatory framework and Brazilian legislative initiatives concerning work mediated by digital platforms; (ii) to assess the objective and social responsibility of platforms in the face of algorithmic subordination and automation risks; (iii) to identify regulatory guidelines that reconcile free enterprise with human dignity. The methodology is based on a bibliographic review, examination of international human rights instruments, and analysis of bills under consideration and relevant jurisprudence. It finds that, despite the quantitative gains of the digital economy, regulatory gaps and state omissions exacerbate precarization, underscoring the need for a new legal framework that strengthens platform accountability and ensures dignified working conditions in accordance with international human rights standards.
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creator: Rosane Teresinha Carvalho Porto
creator: Rodrigo Leventi Guimarães
creator: Mario Luis Gambacorta
rights: Copyright (c) 2025 Rosane Teresinha Carvalho Porto, Rodrigo Leventi Guimarães, Mario Luis Gambacorta https://creativecommons.org/licenses/by/4.0/
date: 2025-10-28
publication date: 2025-10-28
starting page: e17283
ending page: e17283
doi: 10.21527/2317-5389.2025.26.17283

Education in human rights and domestic violence: A study on brazilian legal and political documents
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description: We investigated some of the main regulations that guide Human Rights Education in our country, occasionally turning to a gender perspective with a focus on preventing domestic violence against women. Methodologically, a bibliographical research was carried out, complemented by documentary research, with analysis of books, articles, videos, legal documents, Brazilian political documents and other materials. We aim to build an expanded discursive corpus and, at the same time, delimit the current normative scenario on the topic. The results demonstrate that, although the Brazilian legal framework incorporates principles of gender equality and respect for human rights, its application remains limited. It is observed that a focus on gender and the prevention of violence against women has remained sporadic and fragmented, not being transversally materialized in curricula and lacking consistent support for qualified teacher training. We conclude that the effective implementation of Human Rights Education with a gender perspective demands integrated public policies, ongoing training for educators, and the systematic inclusion of the topic in pedagogical practices in order to promote a school culture of equality and non-violence.
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creator: Mariana Carla Rocha Marinho
creator: Jacqueline de Souza Gomes
rights: Copyright (c) 2026 Mariana Carla Rocha Marinho, Jacqueline de Souza Gomes https://creativecommons.org/licenses/by/4.0/
date: 2026-02-05
publication date: 2026-02-05
starting page: e17369
ending page: e17369
doi: 10.21527/2317-5389.2026.27.17369

Child poverty in argentina and the existential minimum
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description: Currently, 65.5% of children in Argentina are poor according to UCA (Universidad Católica Argentina) measurements. The aim of this article is to consider the serious situation of child poverty in Argentina, and to analyze the discussion on the Existential Minimum. The method followed is that of the illustrious Brazilian jurist Pontes de Miranda. The methodologies are the review of doctrine, national and international documents. First, the institute of the Existential Minimum is considered in the doctrine. Secondly, observations are made on childhood poverty in Argentina. Finally, the need for the institutionalization of the Existential Minimum for Children in Argentina is concluded. After the analysis of the situation of poverty in childhood as well as the doctrinal discussion on the existential minimum, it can be concluded that one way to combat child poverty in Argentina is the institutionalization of the “Existential Minimum” for childhood in this country.
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creator: María de las Mercedes Rodríguez Fontán
rights: Copyright (c) 2025 María de las Mercedes Rodríguez Fontán https://creativecommons.org/licenses/by/4.0/
date: 2025-10-28
publication date: 2025-10-28
starting page: e17061
ending page: e17061
doi: 10.21527/2317-5389.2025.26.17061

Institutional and institutional dimensions of human rights: dialectic tension in the inter-american human rights system
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description: This paper aims to analyze the dialectical tension between the instituted dimension and the instituting dimension of human rights and the role of the Inter-American Human Rights System - IAHRS in the realization of rights. This work explores the foundations of human rights and reflects on the maintenance of relations of domination in society, despite the validity of normative instruments that should promote emancipation. The question of the purpose of human rights is relevant in social and institutional spheres, which may come into tension and reveal deficits between the discourses of the instituted dimension and the instituting dimension. In this respect, the objections of individuals or groups, who suffer from political, social, economic and legal injustices, deserve to be heard by institutions so that structures can be built that recognize the dignity of the population in all their ways of being and living. People’s involvement in the processes of attributing meaning to human rights can provide new horizons, as it allows mutual learning between the two spheres of human rights. Thus, the IAHRS plays an important role in resolving cases of neglected human rights violations at the domestic level, which are only analyzed after the victims struggle for recognition. The Case of González and Others (Campo Algodoeiro) vs. Mexico exemplifies the dialectical relationship between the instituting and established dimensions of human rights, in which the testimonies of victims' families contributed to the IAHRS incorporating the concept of femicide and exploring the case from a gender perspective in a way that was unprecedented in its jurisprudence.
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creator: Allana Campos Marques Schrappe
creator: Stanlei Ernesto Prause Fontana
rights: Copyright (c) 2025 Allana Campos Marques Schrappe, Stanlei Ernesto Prause Fontana https://creativecommons.org/licenses/by/4.0/
date: 2025-10-28
publication date: 2025-10-28
starting page: e16548
ending page: e16548
doi: 10.21527/2317-5389.2025.26.16548

The construction of the right social security in Brazil: Democracy, cirizenship and human rights
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description: This study departs from the central problem of understanding the extent to which the normative Evolution of Social Security in Brazil has contributed either to the consolidation of fundamental rights or, conversely, to the perpetuation of historical mechanisms of inequality. This article examines the historical evolution of Social Security in Brazil, as well as significant infra-constitutional milestones. Employing a legal-historical approach, the study identifies normative advancements and political tensions that have shaped the Brazilian social security system. The research confirms the hypothesis that, despite the consolidation of Social Security as a fundamental right in the 1988 Constitution, structural inequalities persist due to its historical formation. It concludes that a critical understanding of this trajectory is essential for enhancing public policies aimed at social protection in democratic contexts.
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creator: Izabella Camila Andrade
creator: Elcio Nacur Rezende
rights: Copyright (c) 2026 Izabella Camila Andrade, Elcio Nacur Rezende https://creativecommons.org/licenses/by/4.0/
date: 2026-02-05
publication date: 2026-02-05
starting page: e17324
ending page: e17324
doi: 10.21527/2317-5389.2026.27.17324

Between normative status and intrinsic value: The meaning of human dignity in the foundation of human rights
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description: Starting from the context of the second half of the 20th century, with the creation of the United Nations (UN) and the adoption of the Universal Declaration of Human Rights in 1948, this paper problematizes human dignity as the foundation of human rights. Based on the hypothetico-deductive method, it begins with the hypothesis that the term “dignity,” as used in international human rights normative texts, harkens back to the natural law conception of rights, which grants intrinsic and absolute value to human beings. In general, from Kant’s perspective, dignity is justified through a combination of natural law doctrines that advocate for the natural equality among human beings and the existence of an intrinsic moral value in humans. However, analyzing the international normative production regarding human rights reveals that the traditional conception of dignity may not meet the contemporary legal and institutional expectations outlined in international treaties. For this reason, the present investigation argues for an alternative conception of dignity, understanding it as an essentially legal concept, whereby every human being possesses a certain legal status in relation to their particular contexts of exclusion, violence, and discrimination, which legitimizes the claim for the protection of their human rights.
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creator: Otávio Friedrich
creator: André Luiz Olivier da Silva
rights: Copyright (c) 2025 Otávio Friedrich, André Luiz Olivier da Silva https://creativecommons.org/licenses/by/4.0/
date: 2025-08-11
publication date: 2025-08-11
starting page: e16601
ending page: e16601
doi: 10.21527/2317-5389.2025.26.16601

Access to healthcare for LGBTQIAPN+ migrants: The human right to health from the perspective of the sustainable development goals
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description: The theme of this research is the human right to health and the Sustainable Development Goals (SDGs). The general objective is to address the humanitarian challenges for access to healthcare for LGBTQIAPN+ migrants in Brazil. The specific objectives are: 1) Study the importance of achieving SDG nº 3 - Health and well-being to guarantee access to quality health and promote the well-being of migrants; 2) Address the limits and possibilities of access to health for LGBTQIAPN+ migrants in the Brazilian context. Methodologically, the research is implemented using the hypothetical-deductive method, guided by a bibliographic and documentary analysis. The theoretical basis used to design the critical foundation comes from the Theory of Fraternal Law, developed by the Italian jurist Eligio Resta. Given the overlap between the human right to health and the SDGs, the question arises: is it possible to envisage possibilities and challenges to implement the human right to health of LGBTQIAPN+ migrants in Brazil under the theoretical lens of Fraternal Law? It appears that there are countless multidimensional determinants that cross the bodies of migrants and produce a horizon of precariousness and vulnerability of life, a fact that impacts the health and well-being of such subjects. Therefore, it is necessary to incorporate fraternity into public health policies in order to realize the human right to health of LGBTQIAPN+ migrants.
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creator: Claudia Elizabeth Zalazar
creator: Janaína Machado Sturza
creator: Gabrielle Scola Dutra
rights: Copyright (c) 2025 Claudia Elizabeth Zalazar, Janaína Machado Sturza, Gabrielle Scola Dutra https://creativecommons.org/licenses/by/4.0/
date: 2025-08-11
publication date: 2025-08-11
starting page: e17083
ending page: e17083
doi: 10.21527/2317-5389.2025.26.17083

Accreditation as a tool for sustainable public acquisitions
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description: The principle of sustainable development, which presupposes systemic integration between the economic, social and environmental dimensions, occupies a leading position in Law 14.133/2021, having been affirmed as a principle and objective of public procurement. The 1988 Federal Constitution establishes the holding of public tenders as a rule in the legal system, except for cases specified by law. In the meantime, Law 14.133/2021 provides for some auxiliary instruments for tenders and contracts, among which is accreditation, a horizontal procedure applicable to parallel and non-exclusive contracts; with third-party selection and in fluid markets. The article aims to analyze the efficiency of accreditation to enable sustainable contracts, in situations where accrediting more than one supplier presents itself as the most efficient way to meet the immediate need of the Public Administration and to implement the principle of sustainable national development. To this end, the article uses the decision of the Federal Court of Auditors in Ruling No. 351/2010, which recognizes a specific situation in which the use of accreditation proved to be more efficient in meeting the immediate and mediate needs of the Public Administration, when compared to the use of traditional bidding processes. Based on this, the article presents objective parameters that may be useful in identifying specific cases in which accreditation should be considered as a more advantageous option for contracting, as well as defending the need to assess, in the specific case, whether the use of accreditation may constitute a more efficient option than traditional bidding processes, provided that it is duly based on objective criteria and aligned with the primary public interest.
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creator: Heron José de Santana Gordilho
creator: Jeisyslainy de Paula de Oliveira Santos
creator: Mariana Dourado Lopes Santana Gordilho
rights: Copyright (c) 2025 Heron José de Santana Gordilho, Jeisyslainy de Paula de Oliveira Santos , Mariana Dourado Lopes Santana Gordilho https://creativecommons.org/licenses/by/4.0/
date: 2025-08-11
publication date: 2025-08-11
starting page: e17284
ending page: e17284
doi: 10.21527/2317-5389.2025.26.17284

Sustainable Development Goal (SDG) 16 (peace, justice and effective institutions) and access to justice in Brazil
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description: In 2015, the United Nations (UN) established 17 Sustainable Development Goals (SDGs) to address today's main global challenges. These goals gave rise to the "2030 Agenda", which committed the countries participating in the United Nations Summit on Sustainable Development, including Brazil. The 2030 Agenda has become the main guideline for the formulation and implementation of public policies by governments around the world. This text intends to answer the following question: is the evaluation of national judicial policies for access to justice an instrument that can bring effectiveness to the Brazilian Judiciary and, consequently, contribute to the fulfillment of the Sustainable Development Goal - SDG 16 (Peace, Justice and Effective Institutions), especially in the light of goal 16.3 (promote the rule of law and ensure equal access to justice)? The general objective is to verify whether the evaluation of national judicial policies on access to justice is an instrument that can bring effectiveness to the institutions of the Brazilian justice system and, consequently, contribute to the fulfillment of SDG 16, especially in light of target 16.3. To address this issue, the deductive method was used. The procedure adopted was the monographic. In the end, it is concluded that, in order to affirm that SDG 16 and its target 16.3 have been effectively fulfilled in the implementation of the mechanisms for access to justice in Brazil, it is necessary that the users of the justice system continuously evaluate this access, in order to correct possible failures and solve the weaknesses.
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creator: Fabiana Marion Spengler
rights: Copyright (c) 2025 Fabiana Marion Spengler https://creativecommons.org/licenses/by/4.0/
date: 2025-10-28
publication date: 2025-10-28
starting page: e17219
ending page: e17219
doi: 10.21527/2317-5389.2025.26.17219

Bukele, El Salvador and the last bastion of political populism in latin america
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description: This article aims to present some considerations about the current president of El Salvador, Nayib Bukele and the impact of his work as a statesman throughout Latin America and the world. His way of managing public affairs has attracted attention, mainly due to his populist way of managing social relations. His modus operandi is considered, by many, as the reinvigoration of a new form of dictatorship, which does not occur in a merely brutal way, but rather through the media and a persuasive speech capable of manipulating the masses and instilling new ways of thinking social problems in people, overcoming complex issues and multifaceted solutions. From the point of view of drug trafficking, for example, our text presents the ways in which Bukele committed the Salvadoran reality and how his sui generis method of tackling the issue points out possible fractures that, possibly in the very near future, could engender much bigger problems. is based on the need to understand this new type of populism, much more based on a salvationism typical of totalitarian speeches and stances than really centered on the search for peace and/or social justice. The article methodology adopted was of a bibliographic nature with a qualitative-hermeneutic bias.
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creator: Júnior Corrêa de Mello
creator: Joel Cezar Bonin
creator: Ricardo Emilio Zart
rights: Copyright (c) 2025 Júnior Corrêa de Mello, Joel Cezar Bonin, Ricardo Emilio Zart https://creativecommons.org/licenses/by/4.0/
date: 2025-08-11
publication date: 2025-08-11
starting page: e16634
ending page: e16634
doi: 10.21527/2317-5389.2025.26.16634

School mediation: Instrument to enforce the personality rights of victims of bullying perpetrated in the social space of schools
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description: The school is a social space made up of children, adolescents, teachers, managers and employees, therefore, it is subject to human relationships and interactions, and the emergence of conflicts and violence. Nowadays, among the different types of school violence, bullying and cyberbullying stand out. The first, also called systematic intimidation, consists of acts of physical and psychological violence, intentionally and repeatedly, carried out, without apparent motivation, with the aim of intimidating, humiliating, attacking, causing pain, power imbalance and anguish. The second occurs in a similar way to the first, however, it is practiced virtually. The big problem is that these phenomena have claimed victims and caused learning problems, psychological or psychiatric disorders such as stress and anxiety, making it clear that the free development of the personality of these social actors at school has been degraded. Therefore, the present study aims to analyze the social phenomenon of bullying, and its subtype (cyberbullying), the damage caused by it, especially to those that violate the personality rights of its victims, such as the right to physical and mental integrity. . The problem now lies in determining whether mediation in the school context would be an appropriate mechanism for combating bullying and whether it has the ability to restore the rights of the personality that was attacked. To this end, the study was based on research developed using a hypothetical-deductive approach, historical and comparative procedure, and an interpretative, exegetical and critical legal method, whose study technique will be based on national and foreign bibliographical research.
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creator: Andrea Lago
creator: Gabriela Decurcio
rights: Copyright (c) 2024 Human Rights and Democracy Journal https://creativecommons.org/licenses/by/4.0/
date: 2024-09-11
publication date: 2024-09-11
starting page: e15880
ending page: e15880
doi: 10.21527/2317-5389.2024.24.15880

The prohibition of regression in environmental protection levels: a doctrinal aprraisal
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description: The present text aims to investigate, through a normative and doctrinal study, the principle of the prohibition of regression in the levels of environmental protection. To this end, the investigation conducts a doctrinal approach to the aforementioned principle, addressing its contemporary critical aspects and current perspectives. Methodologically, the deductive research method was predominantly adopted. Likewise, bibliographical, jurisprudential, and documentary research techniques were applied. As a result, the study highlights the validity of the prohibition of environmental regression as a legal principle, thus prohibiting the adoption of unjustified and abusive regressive measures, both public and private.
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creator: Paulo Henrique Amaral Motta
rights: Copyright (c) 2025 Paulo Henrique Amaral Motta https://creativecommons.org/licenses/by/4.0/
date: 2025-10-28
publication date: 2025-10-28
starting page: e17112
ending page: e17112
doi: 10.21527/2317-5389.2025.26.17112

The suffering of those who worked with human hights in the bolsonaro regime
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description: This text investigates the impact of the loss of human rights experienced during Jair Bolsonaro's government and the consequences of this on the subjectivity of social actors linked to the defense of human rights in Tocantins and São Paulo. The research method was interviews with leaders who defend human rights and the data was analyzed using a mixed method of discourse analysis and analysis of narratives of suffering. Two forms of suffering emerge in the research; the first concerns the consequences of what we can call "starvation policies", which would be determined by the systematic cuts in public funds and financing during the period from 2018 to 2022. The second is related to hate speech, both from the former president and the Bolsonaro digital militias. Feelings of anxiety, fear, impotence, discouragement and depression were recounted by the interviewees as a consequence of this social and political situation. However, various actions of resistance, struggle, elaboration of losses and ways of coping with this condition appear.
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creator: Carlos Mendes Rosa
creator: Christian Ingo Lenz Dunker
rights: Copyright (c) 2025 Carlos Mendes Rosa, Christian Ingo Lenz Dunker https://creativecommons.org/licenses/by/4.0/
date: 2025-08-11
publication date: 2025-08-11
starting page: e16299
ending page: e16299
doi: 10.21527/2317-5389.2025.26.16299

Data protection and vulnerable groups in Brazil: the digital world as a reflection of the real world
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description: This article's research problem is to investigate whether the use of personal data can harm socially vulnerable groups in Brazil. The hypothesis is that the data collected can reinforce existing social imbalances in the country and increase control over people in vulnerable situations. The text aims to briefly analyze the legislative trajectory on the topic of data protection and storage, in light of the theory of surveillance capitalism (Zuboff, 2019), both at the international level and in relation to Brazilian legislative advances, and then relate social vulnerability in Brazil to the need for personal data protection. The text was structured into two subsections that correspond to its objectives. This research uses the inductive method and is exploratory in nature, anchored in national and international legislation and bibliography. Data from the IBGE and the 2024 Violence Atlas were also used.
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creator: Elder Goltzman
creator: Juliana Abrusio Florencio
creator: Juliana Santos Garcia
rights: Copyright (c) 2025 Elder Goltzman, Juliana Abrusio Florencio, Juliana Santos Garcia https://creativecommons.org/licenses/by/4.0/
date: 2025-08-11
publication date: 2025-08-11
starting page: e16272
ending page: e16272
doi: 10.21527/2317-5389.2025.26.16272

The right to specialized support for autistic people in regular schools
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description: In Brazil, school inclusion is a recent phenomenon and is often restricted to the enrollment of students, without the implementation of processes that effectively promote the potential of the children served. A central point of theoretical debate in the inclusion process is the role of the specialized companion for students with Autism Spectrum Disorder (ASD). Since the passing of the Berenice Piana Law (Law No. 12.764/2012), which guarantees people with autism the same rights as people with disabilities, the sole paragraph of Article 3 provides for the right to a specialized classroom companion. However, the law does not clearly specify who these companions are, what training is allowed and what their real functions are, thus leaving room for different interpretations. In this article, we investigate the normative framework that regulates Special Education, including the Federal Constitution, the Berenice Piana Law, the National Education Guidelines and Bases Law, the National Policy for Special Education from the Perspective of Inclusive Education, Technical Note No. 24 from the Ministry of Education, Decree No. 8.368/2014 and Resolution No. 04/09 from the National Education Council. We explore the possibilities and limits of the role of specialized companions for students with autism in mainstream schools, using historical and systematic interpretation methods, as well as bibliography.
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creator: Renata Teixeira Villarim
creator: Débora Lorena Freire Batista de Almeida
creator: Flávia de Paiva Medeiros Oliveira
rights: Copyright (c) 2025 Renata Teixeira Villarim, Débora Lorena Freire Batista de Almeida, Flávia de Paiva Medeiros Oliveira https://creativecommons.org/licenses/by/4.0/
date: 2025-05-02
publication date: 2025-05-02
starting page: e16669
ending page: e16669
doi: 10.21527/2317-5389.2025.25.16669

Right to housing and social vulnerability: an analysis of the effects of neoliberal economic policy on housing financialization based on extraordinary appeal 860.361/SP
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description: The article presents the contours of the human and fundamental right to housing in the era of financial capitalism. A reflection is proposed on the position taken by the Federal Supreme Court (STF) when considering Extraordinary Appeal 860.631/SP, highlighting the social implications of the decision in a context marked by housing financialization. In the first section, a brief examination of the phenomenon of financialization is carried out, emphasizing its direct influence in shaping the scenario of obstacles to the right to housing on a global scale. In the second section, the decision handed down by the STF in Extraordinary Appeal 860.631/SP and its social repercussions in the Brazilian scenario in relation to the right to housing are analyzed. Regarding methodological aspects, the theoretical work observed the hypothetical-deductive method of approach, through the procedure of bibliographical and documentary research with indirect data collection and legal interpretation with a sociological bias. Finally, it is demonstrated that the jurisdictional response issued by the Federal Supreme Court produces serious social impacts, especially with regard to insecurity of ownership, which deepens the ineffectiveness of the human and fundamental right to housing.
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creator: Elenise Felzke Schonardie
creator: Carina Lopes de Souza
rights: Copyright (c) 2025 Elenise Felzke Schonardie, Carina Lopes de Souza https://creativecommons.org/licenses/by/4.0/
date: 2025-02-17
publication date: 2025-02-17
starting page: e16052
ending page: e16052
doi: 10.21527/2317-5389.2025.25.16052

The field of law and ethnic-racial relations and anti-racist legal education in the Graduate Program in Law at the University of São Paulo (1980-2021)
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description: His article presents some results of post-doctoral research in Law funded by the Dean of Inclusion and Belonging at the University of São Paulo (PRIP USP). It addresses the field of Law and Ethnic-Racial Relations and its relationship with anti-racist legal education. In this sense, we highlight that although the field has existed for more than 40 years in Brazil, it was only after the more consistent implementation of policies to promote racial equality that more systematic studies in the field have been developed. But, there is still a lot to be done. The new DCNs for the 2018 Bachelor of Law courses open up a space for important dialogue between the field of Law and Ethnic-Racial Relations and Anti-Racist Legal Education, which can enable the consolidation of both areas in an autonomous and consistent manner. . Our method is historical-legal, with analysis of dissertations and theses and uses theoretical references produced by black and black jurists.
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creator: Vanessa Santos do Canto
rights: Copyright (c) 2025 Vanessa Santos do Canto https://creativecommons.org/licenses/by/4.0/
date: 2025-02-17
publication date: 2025-02-17
starting page: e16217
ending page: e16217
doi: 10.21527/2317-5389.2025.25.16217

Contributions of logosophic science to the digital world
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description: The aim of this article is to investigate the contributions of Logosophical Science to the digital world. The research problem is: what contributions can Logosophical Science make to the use of digital media? The research is divided into four sections. The first deals with the impact of industrial revolutions on human rights, with an emphasis on new information and communication technologies. The second section looks at aspects of the use of artificial intelligence (AI) algorithms, with an emphasis on machine learning and deep learning technologies and their impact on human rights. In the third section, Logosophy is presented as a Latin American science, highlighting aspects of self-knowledge that include the integral formation of the human being. The fourth section explores the application of logosophical knowledge in the context of digital media, with emphasis on the concepts of the mental system, faculties of the mind and thoughts. The method used is deductive, with a monographic procedure and bibliographical research. It is concluded that Logosophy contributes to the improvement of life on digital platforms, helping other sciences in the development and realization of human rights.
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creator: Maurício da Cunha Savino Filó
creator: Morgana Comin Zeferino
rights: Copyright (c) 2025 Maurício da Cunha Savino Filó, Morgana Comin Zeferino https://creativecommons.org/licenses/by/4.0/
date: 2025-02-17
publication date: 2025-02-17
starting page: e16253
ending page: e16253
doi: 10.21527/2317-5389.2025.25.16253