Revista de Direito da ADVOCEF

Superior Tribunal de Justiça

Revista de Direito da Advocef — Fri, 23 May 2025 00:00:00 +0000

Tema Repetitivo 1158. Alienação fiduciária de bem imóvel. IPTU. Responsabilidade pelo pagamento

Tribunal Superior do Trabalho

Revista de Direito da Advocef — Fri, 23 May 2025 00:00:00 +0000

Recurso Repetitivo. Tribunal Pleno. Tesoureiro. Caixa Econômica Federal. Atribuições técnicas. Não configuração de cargo de confiança.

Neoliberalismo e teoria do estado

Robertônio Santos Pessoa, Zoraíma Meneses Brandão — Fri, 23 May 2025 00:00:00 +0000

This article seeks to critically analyze the classical notion of the State and its role, with emphasis on the phenomenon of capitalism and its phases, especially the current neoliberal current and its consequences on democracy. From an analysis of the historical evolution of the institute, with emphasis on the economic aspect, besides the classic political conception, the main concepts on the theme will be examined, in order to expose how neoliberalism, current form of capitalism, structured a specific model of State, the neoliberal State. The implications of this new rationality and structuring of capitalism in the State’s actions are thus approached, with an exposition of the State’s way of acting to the detriment of the Democratic State of Law, describing the phenomenon from its origins, globally, to specifically in the Brazilian State, with its own nuances and characteristics. At the end, some of the harmful consequences for Brazilian democracy will be treated, due to this state action, besides the main challenges that permeate the theme, a study that will be done by means of the deductive method and through a documental and bibliographical analysis.

Reforma Trabalhista

Paulo Henrique Garcia Hermosilla — Fri, 23 May 2025 00:00:00 +0000

The Labor Reform inserted several changes in the CLT and caused an uproar in the legal world, with supporters and detractors on both sides. Doctrine, jurisprudence and legislation oscillated from the old unconditional protection to the hyposufficient to a situation where balance became the keynote of the capital x labor relationship. The labor changes were so many that it took legal operators a long time to process the changes. However, seven years later, the country is already adapted to the new rules, which, it seems, were positive, and most importantly, the unemployment rate is the lowest since 2011, which is a sign that, apparently, the Labor Reform has improved labor relations, prioritizing what is negotiated over what is legislated, stimulating negotiation, arbitration and alternative forms of resolving labor conflicts, avoiding, as much as possible, judicialization.

O que é ética?

Carlos Frederico Ramos de Jesus — Fri, 23 May 2025 00:00:00 +0000

This article aims to introduce a discussion on what ethics is. It begins with a debate about what ethics is not; then, it proposes a preliminary definition of the concept; further, it discusses its importance in social life; lastly, it argues that objectivity in ethical deliberation is possible, as long as the analitically inherent tenets to this social practice are met.

O incidente de resolução de demandas repetitivas e sua aplicação no processo do trabalho

Maria da Graça Manhães Barreto — Fri, 23 May 2025 00:00:00 +0000

The incident of resolution of repetitive claims (IRDR) is a relatively new institute in our legal system and aims to standardize case law within the courts. The decision handed down is mandatory, including for future cases, within the scope of that court. It is an institute created by the code of civil procedure that is also used in labor law procedure. This article aims to analyze the incident of resolution of repetitive demands in the Brazilian legal system, focusing on Labor Procedure Law.

Execução provisória da sentença do júri

Alice Iracema Melo Aragão, Ana Patrícia Holanda Viganò — Fri, 23 May 2025 00:00:00 +0000

The present work deals with the discussion about the Jury Court, in particular Article 492 of the CPP, which was modified by Law 13964/2019, called the Anti-Crime Package, which changed the procedure of the Jury Court, especially with regard to immediate execution of the sentence. To this end, an analysis is made of the development of the institute, highlighting its insertion in Brazilian constitutional texts, seeking to emphasize the purpose of its mechanism as an instrument of popular participation in the criminal procedural sphere. The study reveals as its main point the analysis of the constitutionality of the provisional execution of the conviction sentence handed down by the Jury Court, the controversies surrounding the issue, and how the Supreme Federal Court positioned itself on the issue, in a final judgment in Theme 1068. Starting from a bibliographical research, the study was developed with the use of theoretical references, using doctrines and judgments that promoted the real application of the popular jury in Brazil.

Direito empresarial, Estado e liberdade econômica

Gustavo Tanger Jardim — Fri, 23 May 2025 00:00:00 +0000

The aim of this study is to carry out an examination of the company, the market and the State, starting from the foundations of business law from the codification process to the present day. To achieve this scope, a historical analysis of the topic will be carried out, comparing different legal systems with the aim of understanding the construction of the fundamental concepts of company law. Based on the foundations gathered from doctrine and law, the study intends to delve deeper into the concept of a company and the importance of state regulation of the market.

O Cadastro Nacional de Ações Coletivas como ferramenta de contenção à repetição de Ações Coletivas

Weiquer Delcio Guedes Junior — Fri, 23 May 2025 00:00:00 +0000

This article aims to analyze the National Register of Class Actions as a tool to help contain the repetition of class actions. Through a theoretical-doctrinal approach, the study presents the problem of the repetition of class actions and examines the role of the Judiciary in their containment in light of the principle of cooperation. From this perspective, the study evaluates the usefulness of the National Register of Class Actions and how judges should utilize it to achieve this goal.

Direito, filosofia e tecnologia

Fri, 23 May 2025 00:00:00 +0000

Technologies linked to the legal field, developed to solve everyday challenges and make professionals’ routines more productive, consolidate the trend of innovation in the execution of activities, with the automation of systems and procedures, with the aim of promoting greater agility, security, transparency and efficiency for the work of lawyers, who are responsible for continually developing critical thinking, logical argumentation and contextual interpretation. Among the contemporary technologies made available to legal professionals, the use of artificial intelligence stands out as a driver for the preparation of legal documents, whether petitions or even advisory opinions. Even though it is possible to identify advantages such as the processing of large volumes of data and the personalization of documents, their use does not replace the application of legal logic, nor the critical sense that should guide the activity of the jurist.

O impacto social da atuação da CAIXA como agente de políticas públicas e o consequencialismo

Pâmella de Moura Liberatti Doná, Roseane Maria de Hollanda Cavalcanti — Fri, 23 May 2025 00:00:00 +0000

The scope of this paper is to promote a reflection on consequentialism, introduced into Brazilian legislation, in a systematic way, by the Law of Introduction to the Norms of Brazilian Law - LINDB and the applicability of its articles 20, 21 and 22, especially regarding the judicial control of decisions within the scope of the Administration and in the execution of public policies. The importance of the role of Caixa Econômica Federal as an agent of social policies and its condition as a representative of the Union in the management of Public Funds, especially FAR - Residential Leasing Fund and FIES - Student Financing Fund, will be addressed.

Efeitos do pedido de recuperação judicial em relação aos atos constritivos já praticados

Letícia Maracci Spanhe da Silva — Fri, 23 May 2025 00:00:00 +0000

Trata-se de uma análise do entendimento jurisprudencial quanto ao alcance dos efeitos do deferimento do processo de recuperação judicial em relação aos atos praticados em momento anterior ao pedido, com foco principal nos atos constritivos e nas ordens de expropriação patrimonial. A finalidade principal é elucidar os direitos dos credores sobre o patrimônio da empresa devedora em relação aos atos constritivos realizados à época do pedido, mesmo que o crédito esteja sujeito ao concurso de credores. Nesse sentido, o que se demonstra é que os efeitos do processamento do feito recuperacional não têm capacidade de alcançar os atos já praticados, os quais se mantêm íntegros, em respeito ao interesse dos credores.

Justiça e transparência na recuperação de crédito

Elen Nascimento, Virginia Neuza Lima Cardoso — Fri, 23 May 2025 00:00:00 +0000

Caixa Econômica Federal, as a public financial institution, plays a fundamental role in granting credit and financing housing. However, its operations raise questions regarding compatibility with consumer protection principles established in the Consumer Defense Code (CDC). Using the principles of John Rawls’ theory of justice and Jürgen Habermas’ theory of communicative action, this article aims to analyze the impact of judicial decisions on the institution’s credit portfolio and its economic viability, in light of the National Council of Justice (CNJ) position on the application of Appropriate Dispute Resolution Methods (MASCs) in public administration. Thus, an integrative perspective is proposed between administrative efficiency, distributive justice, and the legitimacy of decision-making processes.

A interseção entre conciliação e Inteligência Artificial

Iara da Silva Razuk, Vanessa Celina da Rocha Magalhães — Fri, 23 May 2025 00:00:00 +0000

This article examines the relationship between conciliation and artificial intelligence, outlining the adoption of alternative conflict resolution methods by the judiciary. It highlights the benefits that conciliation can provide do the litigating parties and the Judiciary, helping reduce judicial congestion. The advantages brought by AI systems and their potential to transform conflict resolution in Brazil, making the process more efficient and accessible, are explored. The research also their addresses ethical and technical challenges to ensure transparency and eliminate biases, respecting the rights of the involved parties and preserving access to justice. The central problem of the article investigates whether artificial intelligence can be the path to boosting conciliation. Bibliographic research, using the deductive method, is utilized.

Artificial Intelligence

Keeity Braga Collodel — Fri, 23 May 2025 00:00:00 +0000

This article discusses how Artificial Intelligence (AI) has significantly transformed the legal field by offering tools ranging from basic research to complex and predictive analyses. It introduces fundamental concepts of AI, emphasizing Machine Learning, Natural Language Processing, and Generative AI. It also examines practical applications within the Brazilian judicial system, illustrating concrete initiatives and providing practical guidance for lawyers, particularly within Caixa Econômica Federal, demonstrating that deep technological expertise is not necessary to integrate these solutions into professional routines. Finally, ethical and security challenges related to AI use are addressed, highlighting the need for a shift in the profile of legal professionals.

O Tribunal de Contas da União e a efetividade do direito à proteção de dados pessoais na Administração Pública Federal

Marcela Portela Nunes Braga — Fri, 23 May 2025 00:00:00 +0000

The present work addresses the role of the Federal Court of Accounts in ensuring the effectiveness of the constitutional right to personal data protection within the scope of the Federal Public Administration. Using deductive methods and bibliographic and documentary research, it seeks to outline the characteristics, competencies, and tools that enable the Court to actively contribute to the construction of a data security scenario in the federal public sphere. To do so, it discusses the legal and administrative structures connecting data protection and public administration, presents the peculiarities of the external control exercised by the Court, and delves into the institutional relationships maintained among the involved parties. Thus, it concludes that the Court of Accounts is an essential part with indispensable involvement in realizing the constitutional right to personal data protection.

A necessidade de comprovação de dolo específico na ação de improbidade

Fri, 23 May 2025 00:00:00 +0000

As shown throughout this study, the changes introduced by Law No. 14,230, of October 25, 2021, in the Administrative Improbity Law, notably the need to prove willful conduct, consisting of the free and conscious will to achieve the unlawful result, are worthy of applause, as the public agent will have more peace of mind to exercise his public functions, since there will be no more penalties for administrative acts committed with negligence or with generic intent. Therefore, if there is no evidence that the public agent or the private individual in collaboration practiced conduct aimed at injuring the public coffers, there is no need to speak of an act of administrative impropriety, as it used to be. As stated in this brief study, omissive and commissive acts resulting from divergent interpretation of the law, based on precedents, do not constitute administrative impropriety either, even if this position is later removed by the Superior Courts, not least because the assumption of free and conscious will to achieve the illicit result, for the configuration of the improbable act.

O império (da I.A.) contra-ataca

Camila Modena Bassetto Ribeiro — Fri, 23 May 2025 00:00:00 +0000

In this article we explore how the AI evolution affects law practice, from the automation of repetitive tasks to the impact in reducing attention span needs and lawyer’s overload. In addition, we analyze the essential skills for the law professional in the digital era, like creativity, empathy and continuous learning. In a scenery where robot lawyers already act in other countries, the big question is not just if AI can substitute lawyers, but how law practice can be transformed and coexist with technology.

The Immediate Incidence of the Labor Reform (Law No. 13,467/2017) on Existing Employment Contracts from the Perspective of TST Theme 23

Clovis Andrade Goulart — Fri, 23 May 2025 00:00:00 +0000

The Labor Reform, enacted by Law No. 13.467/2017, introduced significant changes to the Consolidation of Labor Laws (CLT), sparking debates on its immediate application to ongoing employment contracts. The Superior Labor Court (TST), in judging Theme 23, consolidated the understanding that the reform applies immediately to existing contracts, regulating rights whose factgenerating events occurred after its enactment. This article analyzes the application of the Labor Reform from the perspective of intertemporal law, addressing concepts such as acquired rights, perfected legal acts, and the principle of non-retroactivity, as well as discussing the prohibition of social retrogression as a limit to legislative reforms. It concludes that, although the TST’s decision has promoted legal certainty, tensions persist between the protection of consolidated rights and the need for legal modernization, requiring critical reflection to balance progress and social justice.