2022, Vol. 5, Issue 2

Challenges to tackling transnational corruption from a human rights perspective: the constitutionalization of law as a contemporary approach to transnational criminal law

Denise Neves Abade
In the Rule of Law, human dignity assumes the central role in the legal order. Human dignity is concretized by fundamental rights, which are not confined to just a subjective dimension or to the classical public liberties. In this scenario, the idea of the so-called Constitutionalization of Law gains strength: this concept is based on the expansive force of Constitutional Norms, by which the constitutional values irradiate and bind the entire legal system, including the criminal norms that deal with corruption. Strengthening a human rights-sensitive anticorruption legal framework will promote and strengthen a criminal justice regime that is consistent with the rule of law (SDG 16) to address inequalities, eliminate discrimination, and strengthen respect for the rights of individuals, including greater attention to assisting victims of corruption. Placing the” fight against corruption” in the context of human rights is thus necessary for sustainable and inclusive development, which will not be achieved until equal rights and opportunities are guaranteed. As long as corruption exists - in the form of tax distortions, mismanagement, or both - inequality will continue to undermine the building of solid and prosperous societies

Adequacy of representation: a comparision between class actions in the North American and Brazilian models

Bianca Mendes Pereira Richter
This paper analyses adequacy of representation in class actions in Brazil. Starting with its concept, characteristics and possibilities so it can later be compared to the traditional North American class action system. The aim is to compare and contrast the Brazilian system of representation control in class actions to the North American system, considering trends in precedents and doctrine as well.

Covid-19 and corruption: control policies regarding emergency measures

Marco Aurélio Florêncio Filho & Patricie Barricelli Zanon
Due to the COVID-19 pandemic, many States, aiming to control the virus, ensure the treatment and mitigate the economic impacts have implemented emergency policies in their territories. However, previous experiences have demonstrated that despite of being necessary, these policies lead to a high risk of fraudulent and corrupt practices. Hence, this work intents to analyze recommendations of measures to mitigate the corruption risk in emergency situation both in national and international level, and then compare them to the measures that have been implemented in Brazil, in order to verify their sufficiency, and, if necessary, present suggestions to reduce the corruption risk and negative effects that this type of criminality can add to the recent crisis.

Brazilian covid-19 data analysis (2020): critics and considerations to develop artificial intelligence model to help on decision-making process for social rights

Thiago Felipe S. Avanci
This research aims to establish the first step to creating a suitable artificial intelligence model that could help the government decision-making process for Social Rights, considering the COVID-19 pandemic, with information gathered from 2020. Fundamental Rights are strictly connected with COVID-19: from the Individual Rights to the Social Rights. Indeed, this last matter deals with labor policies, social care policies, taxation policies, social security policies, health care policies, among others. Observing the economic scarcity, it is not an easy task to attend to all those Social Rights. This is the reason for developing an artificial intelligence tool: to optimize public spending and provide more rights to the population. To perform this objective, data-mining is essential and some will be pre-labeling during this study. During the journey, it will be analyzed and criticized some of Brazilian COVID-19 data and or methodologies. With this data, a polynomial regression for the independent variables can be created, as a pre-algorithm for the artificial intelligence and to better understand the variability of the data tendencies.

New platforms for consumer conflicts

Ana Cândida Muniz Cipriano
The pandemic caused by COVID-10 has brought the discussion on access to justice through digital platforms to the forefront. However, the debate on access to justice in a globalized world, which recognizes the vulnerabilities of the international consumer, has long been the subject of study and effort by experts and authorities. This article presents the history of these efforts and recent initiatives in the field of online conflict resolution.

Genomics and genetics in check: algorithmic opacity in the essence of human being

Juliana Abrusio & Lara Rocha Garcia
It seems impossible to imagine a world without algorithms, whether they are for decision making or for prediction. In one analysis, their benefits seem to be sufficient to promote the discussions inherent to the subject and shed light on questions still without guaranteed answers. However, research pushes boundaries precisely by questioning. Considering that the basis of personalized medicine is the study of genomics, whose genetic information is fully available in global databases, how to make data manipulation and prediction compatible without, however, promoting discrimination and opacity? This is the research question that permeates this article that, from the literature analysis of the main international institutions in health and genome - Human Genome Project, the World Medical Association and the World Health Organization – ponders risks and guidelines for health algorithms to continue as a factor of human and social development aimed at better quality of life. Otherwise, it could become a source of exclusion, discrimination and opaque decisions.