2023, Vol. 6, Issue 1

Health and social security in Brazil and human rights

Renata Salgado Leme
The purpose of this article is to establish connections between human rights, social rights and the structural problems of Brazilian society, highlighting the importance of the new paradigm established by the Brazilian Federal Constitution of 1988, with regard to health and social security, as instrument for expanding citizenship rights, guaranteeing income in situations of vulnerability, reducing poverty, improving quality of life and reducing inequality in access to services essential to life. The study argues that Social Security as it is designed in the constitutional text is presented as a prerequisite for the construction of a free, fair and solidary society. The research was developed from the bibliographical analysis (legislation, legal periodicals, doctrine and data compiled by public institutions). The study does not intend to exhaust the subject, but only to highlight relevant aspects for the understanding of the matter.

Structural process in Brazil as a mechanism for the effectiveness of fundamental rights

Daniel Freire e Almeida, Carolina Aparecida Galvanese de Sousa & Verônica Scriptore Freire e Almeida
This paper intends, after a brief incursion into the institute of the structural process from its historical scope and conceptualization, to outline its characteristics, point out its legal bases and, to make it evident through the handling of the biphasic operating system within which it is inserted, that it is the potentially most efficient means for the realization of those fundamental rights that, when violated, are in need of a satisfactory implementation by the constitutionally competent entities. In spite of some commonly unreasonable criticisms regarding judicial activism and the intrusion of powers, notably by the raised and inevitable actuarial management of the Judiciary with evident consequences in the fiscal responsibility law and the formulation of public policies related to government programs. Finally, an incisive reflection on the pertinence of the appropriateness of this new procedural modality, as well as the need or not of positivization de lege ferenda, and in what contours, by the national legislator. The study is exploratory in nature, anchored in bibliographic material, as indicated in the references at the end.

The impacts of fake news on the population's disinformation scenario in Brazil

Alder Thiago Bastos
This article aims to demonstrate the effects of fake news as a mechanism of disinformation in the Brazilian scenario, considering the conceptual definition, the problem that reverberate false information within the population and the legal and social impacts that reverberate the dissemination and international of false information with the main objective of causing the disinformation of the population. The research, supported by references published in physical and digital media, adopts an exploratory methodology, as it seeks to demonstrate the existence of the problem and the deficiency of Brazilian legal measures to combat fake news, concluding, in the end, by the existence of problematic existence and the ineffectiveness of the norms in favor of combating this delicate issue in contemporary society.

The 7 waves of “access to justice” by Cappelletti and Garth and the role of the Public Defender's Office in the realization of these waves in Brazil

Marcos Martins de Oliveira
This article presents access to justice beyond simple formal access to the Judiciary, including, from the three waves of Cappelletti and Garth, brought by the Florence Access-to-Justice Project, the following points: legal assistance to the poor, representation of diffuse interests and collective rights, an instrumental view of the process, adoption of alternative means of conflict resolution, and based on the “Global Access to Justice Project”, headed by Garth, still in development, ethics in the legal professions and lawyers' access to justice, the contemporary process internationalization of human rights protection, promising initiatives and new technologies to improve access to justice, gender and racial inequality in justice systems. The article presents topics from the creation of the Brazilian Public Defender's Office to specific actions and projects on which wave of access to justice has been fulfilled, and highlights the relevant role of this institution in achieving access to justice.

Incorporation and hierarchy of international treaties in Brazil

Marcelo Lamy & Danilo de Oliveira
This paper aims to describe and thereby establish - based on exclusively normative premises; anchored, therefore, in exclusively deductive conclusions (this, therefore, is its method) - what is the mechanism and timing of the incorporation of an international treaty into the Brazilian internal legal system, what is the effectiveness of conventional norms before and after incorporation, before and after being in force internationally, what is the hierarchical stature of incorporated international treaties. The normative analysis reveals the following results and conclusions: (I) Mechanisms and stages of incorporation: (a) signature or accession (when not binding, when dealing with fundamental rights and guarantees), (b) legislative decree (when binding); (II) Effectiveness: (a) partial (since signature) - related to obligations to do; (b) total (from the international validity or unilateral commitment) - which also covers the obligations not to do, (III) Hierarchies of treaties: (a) infra-constitutionality in relation to the establishment of competence to conclude treaties, (b) constitutionality when incorporated by the procedure of article 5, §3 of the Brazilian Constitution, (c) constitutionality or para-constitutionality in relation to human rights, (d) supra-legality for the other cases.

The BEPS future for the Permanent Establishment in Brazil

Juliana de Toledo Romero
The present article aims to analyze how the concept of the ‘permanent establishment’ was affected by the digital economy and how Brazilian reality deals with it. Initially, the institute is conceptualized considering the International Tax Law, with the challenges related to its requirements being presented when inserted in the scope of the digital economy. Subsequently, we present how the permanent establishment (PE) is addressed within the Brazilian legal system, either through decisions or legislation in this regard. Finally, Actions 01 and 07 of the BEPS (Base Erosion and Profit Shifting) Project are described in relation to the future of the permanent establishment, prospecting how such proposals will be received within the Brazilian legal system. This is eminently a bibliographic and documentary research, whose methodology comprises the reading of reports and studies prepared by the Organization for Economic Cooperation and Development (OECD), as well as the analysis of national and international doctrine in the scope of International Tax Law.

The international role of Brazilian youth against climate crisis

Patrícia Silva Zanella
This article aims to discuss the movements of Brazilian youth to face the climate crisis and achieve the Sustainable Development Goals (SDGs) at national and international level, putting globalization into perspective, the context of the Global South, the barriers faced by Brazilian youth and the impacts of the environmental dismantling that took place in Brazil during the years of the Bolsonaro government (2018-2022). The analysis focuses on how youth organizations and mobilizations are gaining prominence in the mainstream media and implementing communication tools, such as social networks, to guide decision-making, influence organizations, companies and governments and, above all, act on the international stage in international UN conferences, such as the Conference of the Parties (COP). This article is not intended to make a scientific assessment of the climate emergency we are experiencing, but to focus on the social and political role that Brazilian youth are playing in raising awareness about the climate crisis and with national and international pressure from governments, companies, and institutions.