Presentation

The Scientific Journal O Direito Pensa is the official journal of the Department of Private and Procedural Law at the State University of Maringá. It is an online magazine, with public access and free of charge. It emerged through the “O Direito Pensa” Project, a newspaper organized by the Horácio Raccanello Filho Academic Center (CAHRF) of the Law course at the State University of Maringá (UEM), focusing on themes related to the field of Fundamental Rights, but also the cross-cutting issues, which are addressed by the publication of dossiers with specific themes. The journal aims to be a space for constant scientific updating for the academic community.

 

Focus and Scope

The journal focuses on the production of scientific articles developed with technical/scientific rigor and under critical reflection, according to the following editorial lines:

a. Public and private dimension of Fundamental Rights and patrimonial legal relations in the contemporary order;

b. Human rights and public freedoms.

 

Periodicity

It is a annual publication, with a continuous flow of articles, open to the scientific community and aimed at facilitating the dissemination of original, unpublished articles.

 

Peer Review Process

Contributions sent to the journal are submitted to reviewers, without identifying authors or evaluators (double blind review). Original manuscripts submitted for evaluation are initially assessed by the Editorial Committee of the Journal O Direito Pensa of the State University of Maringá. The quality requirements for publication will be assessed, such as the scope and thematic delimitation of the journal or dossier; adequacy to the jounal’s standards; quality of writing; theoretical foundation; updating the literature review; coherence and precision of the methodology; contribution and relevance of results; discussion of observed data; presentation of tables and figures; originality and consistency of conclusions. Evaluators may consider the article suitable for publication, unsuitable or subject to publication, through corrections.

 

Open Access Policy

This periodical offers immediate free access to its content, following the principle of making content freely available to the public and providing greater democratization of knowledge.

 

Editorial Board

For the editorial board, the participation of professors from several Brazilian and International Universities was sought, in order to guarantee the academic development of the participants of each edition through the exchange of knowledge and experiences.

Scientific editors

​Antonio Rafael Marchezan Ferreira (Universidade Estadual de Maringá/ State University of Maringá - UEM)

Lattes resume: http://lattes.cnpq.br/2772329062681533

Matheus Ribeiro de Oliveira Wolowski (Universidade Estadual de Maringá/ State University of Maringá - UEM)

Lattes resume: http://lattes.cnpq.br/1435984765295033

Editorial Board

Arno Dal Ri Júnior (Universidade Federal de Santa Catarina/ Federal University of Santa Catarina - UFSC)

Lattes resume:  http://lattes.cnpq.br/2020985889273319

Alexandre Ribas de Paulo (Universidade Estadual de Maringá/ State University of Maringá - UEM)

Lattes resume: http://lattes.cnpq.br/8924298565036412

​Almir Santos Reis Junior (Universidade Estadual de Maringá/ State University of Maringá - UEM)

Lattes resume: http://lattes.cnpq.br/3471405915737365

Belmiro Jorge Patto (Universidade Estadual de Maringá/ State University of Maringá - UEM)

Lattes resume: http://lattes.cnpq.br/6529409406852084

Bruno Soeiro Vieira (Universidade da Amazônia/ University of the Amazon - UNAMA)

Lattes resume:  http://lattes.cnpq.br/0260422488266691

Clarissa Piterman Gross (Fundação Getúlio Vargas/ Getúlio Vargas Foundation - FGV)

Lattes resume:  http://lattes.cnpq.br/8953652361664903

Edson Mitsuo Tiujo (Universidade Estadual de Maringá/ State University of Maringá - UEM)

Lattes resume:  http://lattes.cnpq.br/1043883576622362

Edvaldo Sapia Gonçalves (Universidade Estadual de Maringá/ State University of Maringá - UEM)

Lattes resume: http://lattes.cnpq.br/8929980439691005

Gisele Mendes de Carvalho (Universidade Estadual de Maringá/ State University of Maringá - UEM)

Lattes resume: http://lattes.cnpq.br/0032356414758686

Gustavo Noronha de Ávila (Centro Universitário de Maringá/ Maringá University Center)

Lattes resume:  http://lattes.cnpq.br/4220998164028087

Ivan Aparecido Ruiz (Universidade Estadual de Maringá/ State University of Maringá - UEM)

Lattes resume: http://lattes.cnpq.br/8393076707737696

José Manuel Avelino de Pina Delgado​ (Instituto Superior de Ciências Jurídicas e Sociais/ Higher Institute of Legal and Social Sciences - Cape Verde)

Lattes resume:  http://lattes.cnpq.br/0729429327267268

Kleidson Nascimento dos Santos (Instituto Federal de Sergipe/ Federal Institute of Sergipe - IFS)

Lattes resume:  http://lattes.cnpq.br/4439142923372904

Rosilene Terezinha de Paiva (Universidade Estadual de Maringá/ State University of Maringá - UEM)

Lattes resume: http://lattes.cnpq.br/7035729734569755

Solange Montanher Rosolen (Universidade Estadual de Maringá/ State University of Maringá - UEM)

Lattes resume: http://lattes.cnpq.br/7339321491065575

Valine Castaldelli Silva (Universidade Federal de Santa Catarina/ Federal University of Santa Catarina - UFSC)

Lattes resume:  http://lattes.cnpq.br/7414785543009632

Board of Evaluators (Ad Hoc Reviewers)

Alaércio Cardoso (Universidade Estadual de Maringá/ State University of Maringá - UEM)

Lattes resume:  http://lattes.cnpq.br/6216806706237310

Ana Claudia Piraja Bandeira (Universidade Estadual de Maringá/ State University of Maringá - UEM)

Lattes resume: http://lattes.cnpq.br/9885525299320586

​Celina Rizzo Takeyama (Universidade Estadual de Maringá/ State University of Maringá - UEM)

Lattes resume:  http://lattes.cnpq.br/0281198360647072

Giselly Campelo Rodrigues (Universidade Estadual de Maringá/ State University of Maringá - UEM)

Lattes resume:  http://lattes.cnpq.br/3976230829628719

​Pablo Milanese (Universidade Estadual de Ponta Grossa/ State University of Ponta Grossa - UEPG)

Lattes resume:  http://lattes.cnpq.br/1695674499808455

​Rosely Camilo Pereira Gomes (Universidade Estadual de Maringá/ State University of Maringá - UEM)

Lattes resume: http://lattes.cnpq.br/0899180026308826

 

Ethics Statement

The Journal O Direito Pensa of the Department of Private and Procedural Law of the State University of Maringá is organized by its editors, who cover the areas of Law studies, as well as an editorial board, coming from institutions from the various regions of Brazil and other parts of the world. To publish the journal, we rely on authors and a large body of anonymous reviewers who aim to guarantee the relevance of the publication and the quality of the texts that comprise it.

Editors and publishers assume the responsibility for accepting and/or rejecting texts received by the journal, considering the relevance, originality and adherence of contributions, accumulating efforts to guarantee the quality of the published material, the integrity of the collection, and the memory of the journal. They are also responsible for the dialogue with the councils, with a view to a constant improvement of the magazine, and for publishing any corrections, retractions, errata or apologies that are necessary. They are also the ones who conduct submissions, whether those destined for current issues or special ones, in order to guarantee confidentiality throughout the process, without any identification, both of authors and reviewers, removing any influence in the publishing process. In case of suspicion of dishonesty, both in texts already published and in press, the editors follow the guidelines of the Editorial Board, providing authors with the opportunity to defend the complaints, with all of them being investigated (the Journal O Direito Pensa of the Department of Private and Procedural Law of the State University of Maringá is responsible for keeping all documentation). Finally, it is important to highlight that editors and publishers act in a transparent and balanced manner in carrying out their tasks, without discrimination based on gender, sexual orientation, religion, ethnic and geographic origin, generation or political beliefs, striving for respectful coexistence.

Authors are expected to submit manuscripts of their own, respecting all intellectual property rights of third parties; that follow the rules of the Journal O Direito Pensa of the Department of Private and Procedural Law of the State University of Maringá for submitting texts; guarantee that the text – or a significant part of it – has not been published or sent in duplicate to another journal; indicate the location (institutional or private) of the cited documents, as well as their archival references; send permissions for use, reproduction and publication of graphics, maps, diagrams, photographs etc., whenever necessary; notify the journal's publishers and editors if significant publication errors are identified; send original texts, without plagiarism or self-plagiarism, fraudulent data and that are not what is called the “Minor Publishable Part”; and cooperate with publishers and editors in the preparation and publication of errata, addenda, corrections and retractions, when necessary.

The referees review/analyze the manuscripts in a reasonable time and objectively, avoiding hostile comments, as well as maintaining the confidentiality of any information provided by the editors and publishers, without keeping copies of the manuscripts received, nor using the information received in the process of reviewing/analyzing for one's own benefit or for others, nor guaranteeing advantages or generating disadvantages or discrediting people. Finally, it is up to the reviewers to report to the editors about any content already published or submitted that is substantially similar to what is under their analysis/review, as well as possible conflicts of interest.

Conflicts of interest are processes or situations in which authors, reviewers or editors have interests, tacit or not, that may influence the production of data, writing or evaluation/revision of the manuscript. Conflicts of interest may be of an interpretative, academic, personal, political, commercial, financial nature or even another segment. The peer review process, the activity of the editors and the credibility of the information present in the manuscripts are associated with the management of conflicts of interest. The authors of the manuscript must inform whether or not there are conflicts of interest through a declaration.

The editorial team must be notified via the dialog box available in the submission in Pre-evaluation Discussion and/or attach a Word for Windows document downloaded in supplementary documents. Reviewers must inform the editorial team of the Journal O Direito Pensa of the Department of Private and Procedural Law of the State University of Maringá if there are conflicts of interest, declaring themselves unqualified to carry out the evaluation of the manuscript. Ad hoc consultants must inform the editors of this journal of any conflicts of interest that may influence their opinion on the manuscript, and, if applicable, must declare themselves unqualified to give an opinion. The editors, in turn, must communicate to the Editorial Board of the Journal if there are conflicts of interest regarding the manuscript, so that the evaluation process is accompanied by the editorial board.

 

Conditions for Submission

As part of the submission process, authors are required to check the submission concerning all items listed below. Submissions that do not comply with the standards will be returned to the authors.

Guidelines for Authors

1. Only unpublished articles will be accepted, which will be submitted to the Peer Review Process described in the “Policies” Section of this platform.

2. The publication of the submitted articles will not imply remuneration for their authors.

3. The publication of articles is not linked to the payment of fees, being free and with open access.

4. The opinions expressed by the author in his/her articles are his/her sole responsibility.

5. Upon submission, authors must send a cover page, in a separate document, with the appropriate qualifications and information: Name, Qualifications, E-mail, Orcid, Linked Institution and Lattes CV Link.

6. Upon submission, the author responsible for the submission must also forward the Declaration of Authorship and Assignment of Copyright duly completed and signed by all authors involved File link.

7. Generative Artificial Intelligence should be used with caution only to improve language and readability. If the authors have used generative Artificial Intelligence or assistive technology to write the submitted work, please include the Declaration of AI Use as a supplementary document File link.

8. If the article requires prior approval by the Ethics Committee, the protocol and acceptance is needed, as a Supplementary Document, at the end of the submission.

9. If there is research funding, authors must indicate it.

10. Articles sent to the Magazine O Direito Pensa of the Department of Private and Procedural Law of the State University of Maringá must comply with the following specifications:

10.1. Prerequisites for submission:

I. The author or one of the co-authors has a minimum degree of Master or PhD;

The submission of articles signed by Masters or Doctors together with Doctoral Students, Masters, Postgraduates or Specialists (Latu Sensu), Graduates or Undergraduates is permitted.

II. The article is signed by a maximum of 03 (three) authors. If this number is exceeded, it is necessary to justify, in the “Author Comments” field, the participation of each author in the text;

III. The person responsible for submitting the article must be duly registered on the Periodicals Portal of the State University of Maringá as the author;

IV. All metadata of the authors are inserted when submitting the article (including full name, contact email, Open Researcher and Contributor ID (ORCID), Institution/Affiliation, country and biography summary);

To insert ORCID into our platform, simply remove the letter “s” from the HTTP protocol in the link (e.g. http://orcid.org/XXXX).

V. All metadata relating to the article are inserted into the submission platform, notably: title, abstract, keywords, contributions and funding agencies (if any) and bibliographic references.

VI. In case of simultaneous submission, in addition to the immediate rejection of the article and communication to the respective journal(s), O Direito Pensa reserves the right not to receive new submissions from all authors involved for a period of 3 (three) years, counting from the date of the knowledge of the fact.

VII. To ensure greater pluralization, articles by authors who have published in the Journal O Direito Pensa in the two previous years will not be published, aiming at the profusion and dissemination of science in an equitable manner.

VIII. It is not permitted for the same author to publish more than one text in the same edition.

11.2. Manuscript formatting requirements:

I. The file must be submitted in the .doc format, from the Office package, without exceeding the maximum size of 5MB;

II. The manuscript must be 15 (fifteen) to 20 (twenty) pages long (including bibliographical references);

III. The author identification of the work must be removed from the file and from the Properties option in Word, thus guaranteeing the journal's confidentiality criteria, according to instructions available in Ensuring Blind Peer Review;

IV. The page must be A4 size, preferably using the Template of the journal available on the site;

V. The left and top margins must be 3 cm (three centimeters) and the right and bottom margins must be 2 cm (two centimeters);

VI. Text alignment must be justified (except for references, which will be aligned to the left margin);

VII. Paragraph indents must be 1.5cm (one and a half) cm;

VIII. Line spacing must be 1.5cm (one and a half) (except for direct quotations, with more than three lines, which must have single line spacing);

IX. The spacing between paragraphs must be 0 (zero) pts.

X. For the text, font Times New Roman font, size 12 (twelve), with spacing between lines of 1.5cm (one and a half) without spacing between paragraphs;

XI. For quotations with more than 3 lines, font Times New Roman, size 10 (ten), with single spacing and 4 cm (four centimeters) indentation from the left margin;

XII. Titles and subtitles must be in capital letters, font Times New Roman, size 14, aligned to the left and in bold. Furthermore, it must contain a maximum of 15 (fifteen) words, including the subtitle (if any) and reflect the content of the research;

XIII. Title and abstract in a foreign language (preferably in English);

XIV. Informative abstract, in the language of the text, containing a minimum of 100 (one hundred) and a maximum of 250 (two hundred and fifty) words, which concisely presents its problem, object of study, objectives, methodology, results and conclusions;

XV. The abstract must be written in font Times New Roman, size 10, in a single paragraph, single spaced and without spaces between paragraphs;

XVI. After the abstract, there must be a list of 3 to 6 keywords (words or expressions that express the central ideas of the text), in Portuguese (in the original language of the work, for texts written in a foreign language) and in English. Furthermore, they must be in alphabetical order, separated by semicolons and ended by a period. Keywords should preferably be distinct from words used in the title, in order to facilitate subsequent research into the work.

XVII. The introduction must present a contextualization of the topic covered, the research problem, objectives and the methodological procedures adopted.

XVIII. The development may have subdivisions, at the discretion of the author(s). Section titles must be presented as follows:

I – Primary section highlighted in bold and in capital letters.

II – Secondary section highlighted in bold and in upper and lower case.

III – Tertiary section not highlighted and in upper and lower case.

XIX.   All sections and subsections of the text must be numbered, except the introduction and final considerations;

XX. If necessary, throughout the text, highlights or italics should be placed in bold. Italics should be reserved for the spelling of foreign words or neologisms. Underlined highlighting should not be used;

XXI. Acronyms must first be presented in full, followed by the acronym itself in parentheses, e.g. “State University of Maringá (UEM)”;

XXII.  The author-date system must be adopted for citations in the text. Citations in the body of the text must be presented in parentheses, using the author's surname in upper and lower case, year of publication and page, e.g. “(Silva, 2024, p. 60)”. If the author has been mentioned in the text of the paragraph, place only the year and page in parentheses, e.g. “Silva (2024, p. 150)”. See ABNT NBR 10520/2023 standard;

XXIII. Footnotes should only be used for explanatory notes. See ABNT NBR 10520/2023 standard;

XXIV. Quotations with less than 3 (three) lines must be kept in the body of the text, within double quotation marks. See ABNT NBR 10520/2023 standard;

XXV. Quotations with more than 3 (three) lines must be highlighted with an indent of 4 cm (four centimeters) from the left margin, single space between lines and font size 10 (ten). In this case, the quoted passage should not be enclosed in quotation marks. See ABNT NBR 10520/2023 standard;

XXVI. Indirect quotations (paraphrases) must be presented without quotation marks, indicating the author and year, page number remains optional. See ABNT NBR 10520/2023 standard;

XXVII. In citations of quotations, the word apud must be used and the title of the original work. See ABNT NBR 10520/2023 standard;

XXVIII. Identification of graphs, figures, charts, tables, photographs, maps, drawings, flowcharts, organizational charts etc. must be made at the bottom of the illustration, with a specific title, followed by its number (Arabic numerals) in the order of occurrence in the text. The source and/or explanatory caption must be mentioned. The illustration must be inserted as close as possible to the text to which it refers, centered on the page, and must not appear at the end of the document in the form of attachments. All graphic materials must have a minimum resolution of 300 dpi, with jpg extension;

XXIX. The final considerations should contain, in addition to the synthesis of what was presented in the text, the results with the possible answer to the research problem;

XXX. References must be listed at the end of the work, aligned only to the left margin of the text, in alphabetical order, and must identify each document individually, single-spaced and separated from each other by double space. Highlighting of titles must be applied in bold. When possible, all references must be accompanied by URL information. See ABNT NBR 6023/2018 standard;

XXXI. Failure to comply with any of the conditions set out above will result in rejection of the article in the desk review process.

12. The Journal O Direito Pensa reserves the right to carry out grammatical revisions and adapt articles to the standards regulated by ABNT, if necessary, at the time of publication.

 

OPEN ACCESS POLICY

The Scientific Journal O Direito Pensa is published under an Open Access model and allows anyone to read, download and disseminate its content, without assuming any responsibility for the content expressed by the authors.

PROCESSING AND ARTICLE SUBMISSION FEES

The Scientific Journal O Direito Pensa does not charge authors any type of submission, publication and access fees.

POLICY AGAINST PLAGIARISM AND RESEARCH MISCONDUCT

Articles will be subjected to inspection by a plagiarism detector program and the ones that present more than 20% of proven character coincidence will not be accepted. Furthermore, authors must pay attention to the following issues:

1. Articles that contain data acquisition or analysis and interpretation of data from other publications, those must be explicitly referenced;

2. Critical review articles of intellectual content by other authors, these must be duly cited;

3. All authors must meet the criteria of original authorship of the article and no researcher involved in the production of the text and research may be omitted from the list of authors;

4. The final approval of the article will be made by the editors and the editorial board, taking into account the following criteria: a) relevance of the contribution to current political and theoretical debates related to the topic; b) respect for the formal standard of the Portuguese language or another language accepted in the journal; c) formal adaptation to the requirements in this notice; d) suitability for scientific writing; e) updated and/or specialized bibliography; f) demonstration, by the authors, of mastery over the topic.

 

Open Access Statement

This is an open access journal which means that all content is freely available without charge to the user or his/her institution. Users are allowed to read, download, copy, distribute, print, search, or link to the full texts of the articles, or use them for any other lawful purpose, without asking prior permission from the publisher or the author. This is in accordance with the BOAI definition of open access.​