Revista de Direito Contemporâneo UNIDEP

PIX SCAM

2025-03-21T09:12:37-03:00

This research aimed to draw a parallel between the new payment system, consumer vulnerability, and the civil liability of financial institutions applied in court decisions in Brazil. Pix, driven by the need for digitalization resulting from the Covid-19 pandemic, brought agility and efficiency to millions of Brazilians who were thus able to be included in the financial market. However, the innovation has increased cases of scams: phishing, fake profiles, and capture of sensitive data are examples. Thus, we sought to investigate, based on consumer legislation and case law, the type of liability applicable to the demand and in which scenarios it would generate effects for the consumer. To this end, we addressed the main forms of security guaranteed by the Central Bank. The research was carried out through a qualitative and bibliographical approach, with the help of doctrine, laws, dissertations, reports, and decisions of specific cases in the country on the issue. We concluded that the objective liability of financial organizations is applicable when blocking mechanisms fail to operate and when they fail to fulfill their duty of security. In this area, despite advances in regulations, there is still a need for greater rigor in consumer protection with the adoption of stricter decisions for defendants.

THE UBERIZATION OF LABOUR

2024-11-05T08:37:11-03:00

The research addresses the phenomenon of the "uberization of work," focusing on the relationships between app drivers and digital platforms such as Uber, iFood, and Rappi. With the growth of these platforms, discussions have emerged regarding the precarization of labor and the possibility of recognizing employment relationships based on the requirements of the Consolidation of Labor Laws (CLT), such as subordination and personal nature of the work. The central issue lies in the legal uncertainty surrounding the existence of this relationship between drivers and digital platforms, which impacts labor rights. The hypothesis suggests that, in certain situations, the relationship between drivers and digital companies may meet the legal requirements to be characterized as an employment relationship. The study adopts the hypothetical-deductive method, analyzing labor court rulings, such as the recognition of the employment relationship between delivery drivers and Rappi and contrary decisions involving the company 99. International legislation is also examined, such as Spain’s Ryder Law and the recognition of employment status in the United Kingdom. Methodological procedures include a literature review, analysis of judicial decisions, and ongoing legislative proposals, such as Complementary Bill No. 12/2024, which aims to regulate this activity. The results reveal discrepancies among Brazilian labor courts, as well as an evolving legislative landscape. The research concludes that regulation is essential to reduce the precarization of work on digital platforms and to ensure clearer and more effective labor rights.

ARTIFICIAL INTELLIGENCE AND THE EXPLOITATION OF POSTHUMOUS IMAGE

2025-04-22T09:48:37-03:00

The advancement of artificial intelligence has introduced unprecedented challenges to the legal system, particularly regarding the posthumous use of deceased individuals' images. This article analyzes the controversy surrounding Volkswagen’s commercial, which digitally recreated the singer Elis Regina, using her posthumous image for advertising purposes. The study examines the legislative gap on the subject, the limitations of succession law, and the constitutional principles involved, as well as the proposed regulation in the new Civil Code. The research adopts the hypothetical-deductive method, based on current legislation, legal doctrine, and case law, to explore potential solutions for regulating this issue in Brazil. The study seeks to contextualize the concrete case, examine its legal implications, and identify normative gaps that require specific regulation.

PRIVACY AND PROTECTION OF PERSONAL DATA

2025-01-28T09:35:19-03:00

This article analyzes the evolution and legal foundations of privacy and personal data protection in Brazil, with an emphasis on civil and constitutional aspects. The research problem focuses on how to ensure the effective protection of these fundamental rights in the face of technological advances and the digitalization of social and economic relationships, considering the increasing use of digital information and the need to preserve privacy. The main objective was to examine the relevance of the General Data Protection Law (LGPD) as a key regulatory framework, evaluating the practical and theoretical challenges of its application. To achieve this, a detailed bibliographic review was conducted, focusing on current legislation, doctrine, jurisprudence, and landmark rulings by the Federal Supreme Court. The study revealed that, despite the advances brought by the LGPD, significant challenges remain in its practical application and in ensuring the comprehensive protection of personal data. Furthermore, it highlighted civil liability and the rights of data subjects concerning the misuse of information. It was concluded that, although Brazil has made regulatory progress, it still faces obstacles in effectively implementing guarantees for privacy protection in the digital age.

VIRTUAL RAPE

2025-04-25T10:25:17-03:00

This article addresses the issue of virtual rape, a new form of sexual violence that occurs in the digital environment, where the victim is coerced into performing libidinous acts without physical contact. The main objective is to analyze the need to update the Brazilian Penal Code to classify this conduct as a crime, ensuring the protection of victims and the accountability of offenders. The research was conducted through a literature review, analysis of real cases already reported, and the study of bills aimed at criminalizing this practice. The study examined the legislative changes brought by Law No. 12.015/2009, which expanded the definition of rape, and the proposal of Bill No. 2.293/2023, which seeks to include virtual rape in the Penal Code. The research also highlighted the psychological impacts suffered by victims, the challenges in collecting digital evidence, and the difficulties faced by authorities in identifying offenders. It is concluded that, despite legislative advancements, the lack of a specific classification still generates legal uncertainty and favors impunity. The creation of clear legislation and the training of authorities to handle cybercrimes are essential to ensure victim protection and combat sexual violence in the digital environment.

JUDICIAL DISCRETION BASED ON INTERPRETIVE CRITERIA

2025-04-10T09:08:14-03:00

This article proposes a reflective look at judicial discretion regarding interpretative criteria to be considered in quantifying non-pecuniary damages in labor law. It starts from the legislative text established by Law No. 13,467/2017, which introduced Title II-A in the Consolidation of Labor Laws regulating the determination of the indemnity amount for non-pecuniary damages. Among the reflections proposed is the consecration of objective legal parameters as something desirable, which can guide the magistrate's reasoned conviction in determining the amount to be fixed as non-pecuniary damages, taking into account the content of the decisions of ADI (Direct Actions of Unconstitutionality) Nos. 6.050, 6.069, and 6.082, faced by the Supreme Federal Court.

DIVORCE AS A POTESTATIVE RIGHT

2025-03-26T09:33:22-03:00

It is well known that the family, regardless of its configuration, is the basis of civil society and is protected by the state. Family law is the area of law responsible for dealing with various issues, such as marriage, divorce, maintenance, custody, adoption, trusteeship and guardianship. This paper focuses on divorce, which ends a marriage, and more specifically, on the fact that the consent of the other spouse is not required to grant this right, which has been characterized as potestative since the advent of Constitutional Amendment 66/2010. Despite being a much debated topic and already accepted by the doctrine and part of the case law, it can be seen that there is still a lot of resistance on the part of some magistrates to granting divorce as a matter of urgency or evidence, in the initial decision of litigious divorce proceedings. This work will deal with the historical evolution of divorce in Brazilian society, from divorce to its potestative character, as well as analyzing various judgments of the Brazilian courts on the possibility of granting a divorce at the beginning of the process before the defendant has been summoned in a lawsuit.

THE ENFORCEMENT PHASE OF LEGAL PROCEEDINGS IN THE STATE OF MINAS GERAIS BETWEEN 2020 AND 2024

2025-04-15T11:51:52-03:00

This paper examines delays in the enforcement phase of judicial processes in Minas Gerais from 2020 to 2024, aiming to understand their causes and impacts. The central issue investigates whether this phase is excessively slow and what factors contribute to these delays. The main hypothesis suggests that excessive bureaucracy, difficulties in locating debtors' assets, and resistance to complying with judicial decisions are the primary obstacles to procedural efficiency. The research adopts the hypothetical-deductive method, employing a quantitative and descriptive approach. Data were obtained from the "Justice in Numbers" Report by the National Council of Justice (CNJ) and analyzed statistically. The results achieved highlight that the enforcement phase is one of the main bottlenecks in the Brazilian judicial system, showing significant fluctuations in pending cases. In 2023, there was a notable reduction in enforcement cases, possibly due to the implementation of more effective measures. However, in 2024, a significant increase was observed, indicating that these solutions remain insufficient. The study suggests strategies to mitigate these delays, such as modernizing electronic asset seizure mechanisms, promoting extrajudicial mediation, and dejudicializing enforcement processes. It concludes that optimizing this procedural phase is essential to ensuring reasonable process duration and strengthening legal security.

HEROISM AND OBJECTIVE IMPUTATION

2025-04-08T10:34:19-03:00

Causality is not to be confused with imputation. The former is assessed based on the natural sciences (realism), while the latter is determined through evaluative processes grounded in probabilistic criteria. This work will briefly outline the evolution of modern theory regarding punishable acts, specifically concerning the causal link and the link of imputation, with the aim of providing further substance to the discussion of heroic conduct. It is within the context of imputation that the controversy surrounding voluntary and involuntary rescuers intensifies. Through an analysis of German case law and foreign literature, including real and hypothetical examples, this study seeks to examine the solution adopted is in accordance with the normative expectations of Germany and Brasil, light of a recent shift in Claus Roxin’s understanding. A harmful outcome for the hero does not always result in imputation. The conclusion reached is of evident significance, considering the stigmatizing and distressing effects of criminal prosecution.