Journal of Legal Sciences UEM

Cataloging-in-Publication Data

Conselho Editorial RCJ — Sat, 29 Mar 2025 14:38:22 +0000

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COMMITMENT TO RESEARCH AND ACCESS TO KNOWLEDGE

Ivan Aparecido Ruiz, Gisele Mendes de Carvalho — Tue, 25 Mar 2025 00:00:00 +0000

The editorial of the UEM Journal of Legal Sciences – March 2025 celebrates the continuation of the journal’s publications, emphasizing its commitment to the dissemination of legal and interdisciplinary knowledge. The editorial team reaffirms the journal’s mission to provide broad access to high-value academic research and studies, benefiting especially researchers and graduate students. The v. 08, n. 01 (Jan./Apr. 2025) edition presents a selection of articles and reviews addressing diverse topics in Law and related fields. The articles discuss historical and cultural aspects of marriage, the relationship between theory and practice in human rights education, the impact of fashion on cultural heritage, religious racism, judicial activism in the Supreme Federal Court, and the environmentalist perspective in the European Parliament. The reviews analyze works on democracy in the digital age and transgender resistance in literature. Finally, the editorial invites the academic community to submit new articles to further enrich legal discussions, consolidating the journal’s presence in both national and international academic spheres.

A SOCIEDADE INGLESA DA ERA GEORGIANA EM “ORGULHO E PRECONCEITO” E A MULHER NA SOCIEDADE BRASILEIRA

Leonardo Bocchi Costa, Patricia Borba Marchetto — Thu, 23 Jan 2025 00:00:00 +0000

O presente estudo tem como finalidade analisar, sob a óptica de teorias feministas, as aproximações e distanciamentos existentes entre a sociedade inglesa descrita por Jane Austen em “Orgulho e Preconceito” e a sociedade brasileira no que diz respeito ao instituto e o contrato de casamento. Para isso, inicialmente será abordada a importância da utilização de obras literárias na descrição de períodos históricos e na dinâmica de uma sociedade à luz da percepção social da autora. Posteriormente, será realizada uma análise envolvendo o contexto histórico vivenciado por Jane Austen e o retrato social criado pela autora em “Orgulho e Preconceito”, principalmente no que diz respeito à situação da mulher e ao instituto do casamento. Por fim, serão analisadas as aproximações e distanciamentos encontrados entre as duas sociedades abordadas no que diz respeito ao instituto e contrato de casamento, analisando-se as questões legais e sociais envolvidas. O método dedutivo foi utilizado como metodologia abordagem, enquanto a pesquisa bibliográfica e documental foi utilizada como metodologia procedimental. Após os pontos trazidos pela pesquisa, pôde-se concluir pela existência de distanciamentos relevantes no que diz respeito à regulamentação legal do casamento nas duas sociedades, mas significativas aproximações no que diz respeito ao enfrentamento social, já que o patriarcado ainda exerce forte influência sobre a relação de conjugalidade.

COHERENCE BETWEEN THEORY AND PRACTICE IN HUMAN RIGHTS EDUCATION:

Mon, 10 Feb 2025 00:00:00 +0000

The relationship between education and human rights in the Latin American context provides fertile ground for discussions on social inequality, inclusion, and social justice. This article explores this relationship from a Freirean perspective, focusing on emancipation and the promotion of human rights. The central question is how human rights education can be implemented consistently with the principles of social justice, considering the challenges posed by socioeconomic stratification and the colonial legacies in Latin America. To address this, following an analytical methodology and literature review technique, the general objective is to propose a critical reflection on these challenges, addressing the intersection between education and human rights, the impacts of educational policies on access to these rights, and the coherence between educational theory and practice. The study integrates Warat’s contributions regarding a creative conception of legal education. Drawing on the theoretical insights of Paulo Freire, Maria de Nazaré Tavares Zenaide, and Solon Eduardo Annes Viola, the article concludes that human rights education is not merely a right but, above all, an essential means for affirming all other human rights.

FASHION LAW AND CULTURAL HERITAGE

Ana Clara de Almeida da Silva, Tereza Rodrigues Vieira — Sat, 25 Jan 2025 00:00:00 +0000

Fashion Law aims to resolve existing conflicts within the fashion industry, regardless of the nature of the dispute involved. Currently, there is still no specific legislation that regulates the issues of this sector, notably about intellectual property. Although the Copyright Law, in theory, does not cover fashion items because of their functional and utilitarian purpose, there are numerous judicial precedents that recognize the "copyright infringement" in cases related to this segment. This understanding stems from the fact that the legislation does not prevent the utilitarian purpose of the objects but requires that they also have an aesthetic purpose. In addition, the same reasoning applies to cultural goods, which can be the object of copyright protection, since their aesthetics, in many cases, provokes sensations and emotions that frame them as artistic works, and, consequently, subject to protection as intellectual property. Also, one must consider the phenomenon of cultural appropriation, very present in the fashion industry. In this context, elements with meaning for certain cultures are used without due care, which can offend or disrespect the communities of origin. Such conduct results in significant economic benefit for companies/brands, to the detriment of the history and social values of these cultures. The appropriate thing, in these circumstances, would be to seek the prior consent of these groups before the use of their symbols and expressions, in addition to considering remuneration. The use of works without the prior authorization of the author and without the financial consideration constitutes a violation of the precepts established by copyright legislation.

RELIGIOUS RACISM IN THE SHORT STORY “KOTINHA”, BY CIDINHA DA SILVA AND STATE INOPERANCE

Rosely Camilo Pereira Gomes, Geniane Diamante Ferreira — Mon, 03 Feb 2025 00:00:00 +0000

We research religious racism practiced against religions of African origin and denounced through literature in the short story “Um exu em Nova York” (2018), written by Cidinha da Silva. It is argued that the expression “religious intolerance” is not sufficient to name the acts of violence committed against these religions in Brazil. The theme is researched from two scopes: the analysis of the Brazilian secular State and the constitutional guarantee of the inviolability of freedom of conscience and belief, the free exercise of religious cults and the protection of places, their liturgies, and the need for specific legislation to religions of African origin. It is concluded that the expression “religious racism” best qualifies violent practices, as it encompasses the issue of raciality, as it reflects a structural issue. The method used was deductive, which, based on particular points, reaches general conclusions.

JUDICIAL ACTIVISM IN THE SUPREME COURT OR LEGITIMATE EXERCISE OF POWER?

Danilo Camargo Grasso, Matheus Ribeiro de Oliveira Wolowski — Thu, 06 Feb 2025 00:00:00 +0000

This article aims to analyze the constitutional role of the Supreme Court, in view of the debates that have been held over the last few years: whether the Supreme Court would be regularly exercising its constitutional functions or invading attributions of the other powers of the Republic, notably the Legislative Power, whose typical function is to legislate. To this end, it seeks to analyze three judgments of profound relevance, handed down in recent years, in order to answer this question. With the analysis of the decisions rendered within the scope of ADO No. 26/DF, ADO No. 38/DF and Extraordinary Appeal No. 635,659/SP, it is concluded that the Court acts within the scope of its constitutional competences, and acts in a movement of deep deference to the other Branches of the Republic. To this end, the research is bibliographic, and is guided by a literature review. There is no intention to exhaust the subject, but to draw horizons for something of basic importance in the heart of Brazilian Democracy.

ENVIRONMENTAL ISSUES FROM A “GREEN” DEPUTY IN THE EUROPEAN UNION: ANNA CAVAZZINI’S POINT OF VIEW.

Julia Crubellate, Adriana Biller Aparicio — Wed, 05 Mar 2025 00:00:00 +0000

Society has never been as connected and globalized as it is today. Neither do its problems. For this reason, it is imperative that these issues are also tackled collectively. Using the deductive methodology, as well as an oral interview conducted with the member of the European Parliament, Deputy Anna Cavazzini, the present work seeks to analyze the social engagement through the social movement Right to Repair and the rescue of the discussion about the agreement between Mercosur and the European Union. It is concluded that citizens, especially the youth, have shown greater concern with the environment and the global economy, participating in and influencing governmental decisions.

INFOCRACY

Maria Gabriela Chavenco Sala — Thu, 23 Jan 2025 00:00:00 +0000

The book Infocracy: Digitalization and the Crisis of Democracy, by Byung-Chul Han, examines the impact of digitalization on contemporary democracy. The author argues that modern society is no longer controlled through physical coercion but rather through digital surveillance and the dominance of information. Han explores how algorithms, social networks, and data consumption shape public opinion and influence political processes, making democracy hostage to informational manipulation. He demonstrates how polarization, fake news, and the fragmentation of discourse undermine democratic rationality, leading to a society where truth is diluted in misinformation. The author concludes that without a commitment to truth, democracy weakens, becoming an illusion in the digital era.

TRANS RESISTANCE IN THE WRITING OF ‘BAD GIRLS’ BY CAMILA SOSA VILLADA

Tiago Franklin Rodrigues Lucena, Thiago Koiti Kikuchi — Wed, 05 Mar 2025 00:00:00 +0000

The review presents the book "Bad Girls" (2022), which in the Brazilian edition was adapted to the title "O Parque das Irmãs Magníficas" (2021), by Camila Sosa Villada, an Argentine transgender writer. It is a fictional autobiography that blends magical realism and social critique, portraying the marginalized lives of transgender women and prostitutes in Argentina. The text explores themes such as violence, exclusion, mental health, and affection among the characters. The book carries a tone of denunciation and resistance, positioning Villada as a voice against the dismantling of public policies aimed at minorities. This work can be considered essential in the contemporary context, where various conservative movements in governments and even inclusion policies from Silicon Valley companies are being undermined. The publication has been awarded and translated into multiple languages. The author uses writing as a means of survival and resistance, exposing the hypocrisy of a society that marginalizes and violates transgender individuals. Finally, the review also mentions other works by the author, which have helped solidify her name in literature and theater as a powerful voice against oppression.