Brazilian Journal of Law and Justice

“DEPENDE”

Lucas Rodrigues Lima — 2025-10-28

The article analyzes the structure of legal norms and the ways in which they are applied. Drawing on philosophical hermeneutics and Ronald Dworkin’s interpretative theory, it proposes overcoming the positivist approach to legal phenomena, which traditionally separates law and morality, fact and norm, practice and theory. The argument is that such dichotomies are unsustainable, as the act of interpretation cannot be separated from the act of application. To interpret a norm, therefore, is to construct it in each concrete case. Thus, the legal norm is composed, inseparably, of linguistic elements that relate both to factuality and to law.

TRANSPARÊNCIA E SUSTENTABILIDADE

João Emilio de Assis Reis — 2025-10-31

Business transparency is fundamental in the contemporary world, considering the impact of economic activity on the life of society. In this sense, it enables access to information and ultimately social control of business activities. The present work has the scope of analyzing the discipline of sustainability reports in Brazil and Spain, from the point of view of legal enforceability, ultimately analyzing its consequences. This is bibliographical and documentary research that adopts as a method the comparison of the treatment given to the requirement of transparency in each country. Initially, the role that society recognizes for the company today is analyzed, and then we look at the treatment given in Spain and Brazil, and at the end we analyze its impacts. It concludes that although the adoption of sustainability reports represents progress, the mandatory information system allows for greater effectiveness of corporate transparency, a requirement of the environmental crisis that the world is currently experiencing.

THE FALLIBILITY OF RECOGNITION OF PERSONS AS MEANS OF EVIDENCE IN THE CRIMINAL PROCESS AND THE INFLUENCE OF FALSE MEMORIES

Evellyn Lobo dos Reis — 2025-10-15

The purpose of this study is to investigate the probative force of personal recognition in the Brazilian criminal process and the influence of false memories in investigative procedures and the way they act as a means of evidence. Person recognition is a widely used technique, but is often susceptible to errors arising from false memories. We will analyze how jurisprudence and doctrine treat this evidence, highlighting cases in which wrongful convictions occurred due to failed recognition. We will also discuss the influence of cognitive psychology on understanding memory failures and possible measures to minimize errors, proposing solutions to improve legal certainty and justice.

Keywords: personal recognition; criminal proceedings; false memories; proof.

Anti-algorithmic bias policies in the Brazilian Judiciary

Zilda Mara Consalter — 2025-10-15

This study analyzes the fight against algorithmic bias in the Brazilian Judiciary, with an emphasis on Resolution No. 615/2025 of the National Council of Justice (CNJ). The research question revolves around the effectiveness of this implemented policy, which aims to combat this phenomenon. The overall objective is to examine how the regulation seeks to mitigate the risks of discrimination arising from the adoption of Artificial Intelligence (AI) systems in the justice system. The methodology used is qualitative and exploratory, based on bibliographic and documentary research. The method adopted in the approach is deductive, starting with the analysis of general concepts about AI and algorithmic bias and then applying these foundations to the Brazilian regulatory reality. The research results indicate that the Resolution presents significant advances in establishing guidelines such as transparency, human oversight, continuous auditing, and the prohibition of automated discriminatory practices.

A Versatilidade da Reclamação Constitucional no Ordenamento Jurídico Brasileiro

Luiz Fernando Vescovi — 2025-10-31

This essay aims to demonstrate how versatile the constitutional complaint institute is, which appears in three areas of the brazilian legal system: constitutional law, civil procedural law and labor procedural law, acting effectively in all these segments, as well as bringing relevant legal consequences to each of them, according to their procedural and practical purposes in the daily lives of legal practitioners. Furthermore, it is necessary to investigate the importance given to institutes such as the constitutional complaint, which express clear interdisciplinarity, thus demonstrating the integration of the different legal areas, as desired by the principles of modern law.

Desastre da Ultracargo e a reparação inter partes

Barbara Cristina Kruse — 2025-10-31

In April 2015, a fire lasting eight days struck Ultracargo’s fuel storage tanks (gasoline and anhydrous ethanol) in Santos, São Paulo. The death of approximately nine tons of fish caused severe ecological imbalance and disrupted the livelihoods of the local fishing community. This article examines, through documentary analysis supported by descriptive quantitative data, the effectiveness of inter partes reparation for affected fishers. To this end, 386 appellate decisions from the São Paulo State Court of Justice (TJSP), issued between April 10, 2015, and March 20, 2021, were compiled through jurisprudential research. The results revealed a minimal individual success rate — only one favorable ruling (~0.25%) — and recurrent grounds for dismissal. The discussion contrasts these judicial patterns with the principles of strict environmental liability, dynamic burden of proof, and the articulation between collective remedies (Consent Decrees) and individual compensation, highlighting the limitations of reparatory sufficiency in mass environmental damage. The article proposes adjustments to evidentiary standards and institutional design to prevent collective instruments from undermining inter partes compensation.

A LEI MARIA DA PENHA E A HERANÇA DO COMPLEXO DE ÉDIPO: ANÁLISE PSICANALÍTICA E JURÍDICA

MARIA CLARA DA N. COURA — 2025-10-28

A Lei Maria da Penha foi criada em 2006 após uma mulher sofrer reiteradas violências pelo próprio marido no Brasil. Maria da Penha, casada com um professor universitário, sobreviveu a duas tentativas de homicídio, além de agressões e ameaças anteriores, que persistiram devido à proteção de suas filhas. A lei tornou-se um marco no combate à violência doméstica, protegendo mulheres cis e trans, promovendo a conscientização sobre relacionamentos abusivos e domésticos. Este artigo analisa a lei penal, suas consequências duradouras e seu processo de criação, utiliza uma abordagem qualitativa e bibliográfica, baseando-se no estudo de caso e suas repercussões, além de uma análise psicanalítica fundamentada nas teorias de Freud e Lacan. Dessarte, a violência doméstica, independentemente de seus fatores, é um crime e deve ser combatida, homens e mulheres devem possuir direitos iguais baseados na dignidade humana, diferenciando-se apenas por aspectos fisiológicos, mas não em humanidade ou capacidade.

Agribusiness, traceability and law: how technology can ensure deforestation-free supply chains

Nicole Dubut cruz — 2025-10-29

Brazilian agribusiness accounts for nearly half of national exports and places the country at the center of global debates on sustainability. The approval of Regulation (EU) 2023/1115, which requires proof of deforestation-free origin for agricultural and forestry commodities, highlights the growing connection between international trade and environmental protection. This article analyzes traceability as a legal and technological instrument capable of reconciling international regulatory demands with Brazil’s productive reality. It examines the global and domestic regulatory framework, discusses the role of monitoring and certification technologies, and assesses their practical impacts on public administration, the business sector, and society. The conclusion emphasizes that traceability should be understood as a strategic asset, not merely as a compliance requirement, but as an opportunity for regulatory innovation and for strengthening Brazil’s competitive position in international markets.

APOROPHOBIA: an analysis of the removal of family power from the perspective of vulnerable families

Stephany de Alvarenga Cardozo — 2025-10-28

This article explores aporophobia (prejudice and aversion to the poor) from the perspective of the removal of parental power in vulnerable families. It analyzes how these lives can influence judicial decisions on institutional care and removal of parental power, based on a specific case of the Public Defender's Office of Rio de Janeiro, in the district of Campos dos Goytacazes, RJ. The study investigates whether poverty was treated as negligence and criminalized, highlighting institutional practices that reinforce the exclusion of these families. Based on Giorgio Agamben's theory of “bare life”, the article reflects on how the State's punitive biases perpetuate marginalization and the cycle of inequality. It concludes that an institutional reformulation is necessary, focused on inclusive public policies, to support vulnerable families and combat social exclusion, while poverty continues to be seen as a threat and justification for extreme interventions.

Keywords: aporophobia, removal of parental power, social vulnerability, bare life, exclusion.

Listening, Feeling, Judging

Lara Passini Vaz-Tostes — 2025-10-15

This essay proposes a theoretical-literary reflection on Law as a narrative practice, based on a hermeneutic reading of Fyodor Dostoevsky's work. Grounded in the “Law and Literature” approach, as developed by François Ost, Paul Ricœur, and Marcelo Cattoni, the text analyzes how Dostoevsky’s novels — especially Crime and Punishment, The Brothers Karamazov, and The Idiot — reveal ethical forms of judgment, responsibility, and listening to the other, which challenge the traditional normative model of justice. Narrative is understood as a legitimate field for the construction of justice, and judgment is conceived as an ethical and affective passage, rather than the mere automatic application of rules. In this sense, the chapter offers an original contribution to contemporary legal debate by proposing a sensitive listening to alterity and the valuing of language as a means of responsibility. From Dostoevsky’s perspective, Law is interpreted closer to an ethics of care than to punitive rationality.