This research investigates the possibility of exercising the autonomy of women who experience childbirth in public institutions in the State of Alagoas. In an interdisciplinary perspective, we sought to analyze the extent to which pregnant women have autonomy in choosing the mode of delivery within the scope of the SUS and under what conditions this decision is made, considering the quantity and quality of information received during pregnancy. Based on the principialist and Latin American currents of Bioethics, we discuss topics such as the scope and effectiveness of the social right to health, as a requirement to guarantee the dignity of the human person, the importance of access to a safe, informed and evidence-based delivery, as well as the economic and social vulnerabilities that can impact the choice of the mode of delivery. For this purpose, the method of qualitative-quantitative approach was used, which adopts the hypothetical-deductive reasoning to enable a deeper analysis of the relationships, from the analysis of interviews conducted through digital forms (Google Forms). The evaluation of the data obtained before the theoretical framework adopted leads to the conclusion that pregnant women are unable to exercise their autonomy in an informed manner in the context of public maternity hospitals in Alagoas, which represents a violation of bioethical principles and fundamental rights.

The present study refers to the impacts that the 10 articles brought to the legal scenario by Law n. 13.655/2018 will represent in the Public Manager's way of acting, taking into account that the full observation of his commands will bring greater legal certainty, contextualization and linkage to the reality affected by the decisions arising from the Judiciary, often disconnected from the reality that surrounds him when interprets public management rules. Law n. 13.655/2018, of a structural nature, was intended to change a pernostic reality that still surrounds the manager and can bring quite substantial collective results if well received by the legal community. Exploring some administrative dogmas and justifying the need for their respective overcoming, the text seeks to demonstrate that the rampant judicial activism that has been affecting Brazil can and must be reduced for the good of the good public manager, who is in a current scenario of decision-making panic and fear of innovation. The consequentialism of articles 20 and 21 denotes the legislator's concern with decisions that are attentive to their consequences. The contextualization of article 22 aims to bring the judge closer to the situation analyzed by him, connecting him in an empathic way to the evidential bulk of the case. The transitional regime of article 23 aims to reduce the social damage caused by changes in legal understandings, by guaranteeing the existence of transition periods. The possibility of punishing managers only in cases of willful conduct or fraught with serious fault reveals a greater relationship with the good manager from the text of article 28. Administrative precedents gain such importance with article 30.

The subject of our scientific concern refers to the safeguarding of the Fundamental Rights of
Women through effective Access to Justice. This and other rights are enshrined in national
legislation and international diplomas. In this sense, the aim is to analyze the difficulties of
effective access to justice for women in the jurisdictional scope, more specifically, in the Family
Courts of Maceió. Thus, this research project has the scope to gather some theoretical
contributions linked to empirical research that can support agents of the justice system in the
analysis of law in a gender perspective focused on the realization of women's right to access
justice. To this end, it is necessary to deepen the main normative references of the international
and inter-American human rights protection systems on the State's responsibility to eliminate
the stereotypes that produce intersectional discrimination against women. In this sense, the
Judiciary is competent to ensure the rights of each citizen, promoting justice and resolving
probable conflicts that may arise in society. Thus, it must strive for action aimed at equal
treatment between men and women in the courts of justice and to eliminate all forms of
discrimination against women. However, several academic studies and follow-up reports on the
implementation of international and inter-American treaties on women's human rights have
pointed to a diversity of obstacles that women still face in order to achieve the right to access
justice.

Public indebtedness in Brazil and Argentina is a phenomenon glimpsed since the colonial
colonial period. However, an analysis of the modus operandi assumed by the public debt today
It is possible that the public debt can be characterized as an instrument to maintain colonial
in order to maintain the structures of domination in the world-system. In this
In this sense, the present research, through a deductive analysis supported by the
the way in which legal instruments have been used to legitimize and legalize the interests of
legitimize and legalize the interests of the international rentiers and the way in which the
public debt is being used as a justification to carry out structural adjustments in the Brazilian and
structural adjustments in the Brazilian and Argentinean economies. Moreover, making use of a critical reading,
under the postulates of the Coloniality Theory, it is observed the struggle for the conservation of the industrial-financial model and the new role played by public debt, highlighting the correlation between the legal system and the geopolitics of power with neo-colonial biases.
neo-colonial biases. In order to demonstrate this, basic postulates on the subject are set out in the preamble.
the theme, with the definition of the industrial capitalist system and its evolution towards
to financialist postulates. In the same way, the role of the State in the reproduction of
capital, the position assumed by the public budget and the public debt, and only then
the active pole of the relations of domination verified in the International Order.
Subsequently, a historical overview of the process of indebtedness of Brazil and
Argentina, in parallel with the identification of neoliberal reforms observed in both
nations, especially those implemented after the Washington Consensus (1989),
bringing with them the pro-market legal mechanisms implemented during the crises of capital
capital and that sought legitimacy through the discourse of budgetary control for the payment of the public debt.
payment of the public debt. Finally, in order to dissect the motives that encourage
the power holders to continue imposing austerity policies on the peripheral states, the
peripheral states, the notions of juridical neo-coloniality were analysed in detail. This was done with the
the empire of the financial market that has been inserted in Brazil and Argentina and
outline the new methodologies for maintaining the hegemony of the owners of power, which
They extend to the economy and politics and provoke institutional, juridical and social changes.
Therefore, it is understood that the public debt can be considered one of the mechanisms of
domination structures and that the legal system assumes the function of giving institutional
institutionality to the interests of big international capital.

The issue of digital heritage has raised many questions in the legal environment due to the complexity of legal relationships produced mainly from the use of technology, especially the internet. In this sense, based on the constitutional interpretation of civil law, this work aims to bring some solutions compatible with the Brazilian legal system to the issue of digital heritage, with emphasis on the transmission causa mortis of hybrid digital assets resulting from the contractual legal relationship existing between digital platform and user. Hybrid digital assets, due to their complex nature, are the leading cause of conflicting court decisions and divergent doctrinal lines of thought on the subject. Thus, through the deductive methodology of bibliographic review and based on the analysis of civil law, in its constitutional perspective, this research addressed works, scientific articles, scientific journals, reports and bills on the subject. To achieve the objective of this research, it was also necessary to analyze some situations arising from the contractual relationship between digital platform and user and their post mortem legal effects. Considering that the bills in progress in the National Congress do not solve, in an exhaustive manner, the problems arising from the post mortem transmissibility of digital assets, the text proposes parameters, with different solutions, for the patrimonial content and the existential content of the hybrid digital asset resulting from the contractual legal relationship between digital platform and user. Thus, the patrimonial digital assets and the patrimonial aspect of the hybrid digital asset are subject to the causa mortis succession, since they reflect economic interest, and consequently are part of the so-called digital heritage. As for the existential digital assets and the existential aspect of the hybrid digital asset, the rule, in these cases, is the non-transferability causa mortis, except in cases where the user has left a last will disposition to the contrary or an heir contact with the digital platform. And, in cases where the deceased did not dispose of his existential digital assets during his lifetime, it is understandable that the heirs have the right to access photos and videos published in the feed of the holder's profile or channel, as well as to download them, through judicial authorization, as a way to honor the memory of the deceased loved one. Regarding private messages, the judge must analyze the specific case to find a constitutionally adequate solution to a possible collision between fundamental rights.

The criminal non-prosecution agreement is one of the most intriguing tools of business law, within the scope of the Brazilian criminal procedural system, because, unlike the more usual ones that preceded it - criminal transaction and conditional suspension of the process - it has the peculiarity of requiring a formal confession and circumstantial for its consolidation.

Thus, the need for further studies on the repercussion of the confession reached within the scope of the criminal non-prosecution agreement, especially in cases of non-compliance with the agreement and consequent inauguration of the criminal action, is latent. It is with this scope that the present research is developed.

Therefore, this work foreshortenes criminal procedural systems, outlining, through non-watertight time frames, the prevalence of one system over the other, until the emergence of consensualism within the scope of criminal procedure.

Arguments loom up that redound the dilemma between efficiency and guarantee, of mitigation of constitutionally guaranteed guarantees, in particular the right not to incriminate oneself and the possibility of retrogression to the chains of the inquisitorial system, which had in the confession the great objective to be pursued .

At this point, the main point of the present research is reached, whose hypothesis is that the confession resulting from the non-criminal prosecution agreement, although it can be used as evidence, in the case of non-compliance with the established agreement, is not capable of compromising the development of the evidentiary activity in contradictory and the evaluation of the evidence within the contours of the democratic criminal procedure.

This hypothesis will be evaluated, adopting as theoretical frameworks the Accusatory System: the constitutional conformity of the criminal procedural laws of Geraldo Prado and The right not to produce evidence against oneself: the principle nemo tenetur se detegre and its consequences in the criminal process of Maria Elizabeth Cheese.

Finally, it is intended to reach the conclusion of this research, revealing the possibility of assessing evidence in a rational and objective way, even in the face of the inauguration of a criminal action that already has a formal and circumstantial confession obtained under the non-prosecution agreement criminal.

The objective of this work is to investigate the intertwining between taxation and equality, from a gender perspective. In this scenario, it was analyzed whether Brazilian tax policy and legislation, marked by regressiveness, may present gender biases in the case of taxation of feminine products, reinforcing inequalities between men and women. The study explained that the idea of supposed neutrality in taxation has been called into question, given the finding that it is yet another factor that has acted to accentuate existing socioeconomic inequalities. Thus, to structure the research, the supporting role of Tax Law in realizing the right to equality was addressed, especially from a gender perspective. The ways in which gender biases manifest themselves in taxation were analyzed, especially in the case of taxes on consumption, as well as the extent to which a regressive tax system impacts gender inequality. On the other hand, it was investigated whether the principle of selectivity, whose application criterion is the variation of rates depending on the essentiality in classifying products as “essential" or "superfluous", is being applied appropriately in relation to consumer goods feminine, especially those aimed at meeting women's specific basic and physiological needs. In this context, it became clear that the principle of selectivity based on essentiality, despite being a norm aimed at promoting equality in consumption taxation, has been systematically violated in the case of the aforementioned products. The study concluded that the Brazilian tax system is not neutral, since, by making the underlying aspects related to the mainstreaming of the gender issue invisible in its rules, it has had a more severe impact on the female portion of society, whether due to the effects of regressivity, whether due to disrespect for essentiality in setting the rates for feminine products, so that taxation on such consumer goods has been marked by implicit gender discriminatory biases, fostering inequality between men and women.

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This research addresses the context of Venezuelan refugees
faced with the irregularities of the measures adopted in the
context of the Covid-19 pandemic by the Brazilian State, under
the justification of containing the spread of the virus. The
objective of the research is to analyze the consequences of
these inconsistencies present in the restrictive measures of the
policy to combat the pandemic, to the detriment of Venezuelan
migrants and refugees and their rights. This research examines
the legal bases, as well as the principles that underlie human
rights, international refugee law, aspects of jus cogens norms, in
addition to the motivations for border closure measures adopted
in the name of public health. Furthermore, it seeks to
understand the challenges faced by refugees amid the
irregularities contained in the restrictions, including the
possibility of worsening human rights violations suffered by
them. The investigation uses theoretical exploratory research
and the deductive method, as well as, for sampling purposes, it
uses a case study based on the situation of Venezuelans in
Brazil, specifically in the cities of Boa Vista and Pacaraima,
located in the state of Roraima. The study aims to contribute to
the academic, legal and social debate on the irregularities
contained in the measures adopted to contain the virus, mainly
the closure of borders and the penalties of immediate
deportation and disqualification of the asylum request, in
addition to discussing the reconciliation of rights human rights,
the search for protection and the guarantee of some jus cogens
standards related to people, with legitimate public health
concerns, especially in times of global health crisis. The results
of this research may be relevant for public policy makers and other professionals, in the development of proportional and efficient approaches to face the challenges faced by refugees in global health crises, in order to preserve human rights and the commitments assumed by Brazil in regarding their protection.

The use of Artificial Intelligence systems is common in many countries, including Brazil,
encompassing various applications, including the legal field, such as supporting judicial
decision-making. However, even when the decision is generated with the assistance of Artificial
Intelligence, the obligation to justify this decision still exists. Since judicial processes involve
personal data, the General Data Protection Law (Law No. 13,709 of 2018) applies, ensuring that
parties, as data subjects, have the right to receive an explanation for these automated decisions.
However, the Artificial Intelligence models used to assist in decision-making are often opaque,
making it difficult to understand their functioning, potentially harming the parties by restricting
and violating rights. The main objective of this work is to identify the framework for the
realization of the right to an explanation of automated decisions applied to the motivation of
judicial decisions made with the assistance of Artificial Intelligence. To achieve this, analyses
of normative and technical documents relevant to the research problem were carried out, and
the resulting data from this procedure were compared and evaluated with the results from the
literature. Thus, it is observed that transparency and meaningful information form the pillars
of an effective explanation, from which data subjects, as part of the process, can rely on to
understand a decision created with automation’s assistance, ensuring whether or not there has
been a violation of rights. Another important factor is the disclosure of algorithms, necessary
for the maintenance of procedural fairness when Artificial Intelligence is used, as intelligent
systems are not accessible in their source code. Therefore, the impossibility of explaining the
treatment of data by Artificial Intelligence, due to the opacity of these systems, results in the
impracticability of exercising the full right to an explanation of automated decisions endorsed
by the judiciary, compromising the realization of the motivation of judicial decisions.

Este trabalho acadêmico explora a complexa interação entre a penhora de bens
digitais e o direito fundamental à privacidade no contexto jurídico do Brasil. A análise
aprofunda-se no conceito de penhora, abrangendo sua finalidade e diversas
modalidades, incluindo bens móveis e imóveis, dinheiro e títulos de crédito, bem como
bens intangíveis. Também examina a evolução das práticas de penhora no ambiente
digital, considerando o impacto dos avanços tecnológicos e os desafios que eles
apresentam aos direitos de privacidade. O estudo explora de forma crítica o direito
fundamental à privacidade, investigando seu desenvolvimento conceitual, proteção
legal e compreensão em constante evolução. Analisa a relação intrincada entre
privacidade e proteção de dados pessoais, especialmente no ambiente digital,
destacando as implicações da Lei Geral de Proteção de Dados (LGPD) no Brasil.
Além disso, analisa os impactos da revolução tecnológica e os desafios que o sistema
processual cível enfrenta diante da tendência cada vez mais crescente do mundo
virtual. A pesquisa aborda os possíveis conflitos decorrentes da penhora de bens
digitais e a proteção do direito fundamental à privacidade, enfatizando as limitações
legais e constitucionais. Avalia a legislação e a jurisprudência existentes no Brasil em
relação à penhora de bens digitais, explorando a adequação das normas atuais no
contexto digital. Além disso, examina as possibilidades e limites da penhora de bens
digitais no âmbito da proteção dos direitos fundamentais. O estudo investiga ainda o
impacto da penhora de bens digitais na privacidade do devedor, analisando casos
específicos em que essa penhora afetou os direitos de privacidade. Considera o
equilíbrio entre a efetividade do processo de penhora e a preservação dos direitos de
privacidade, propondo soluções para mitigar conflitos potenciais e proteger os direitos
individuais. Por fim, o estudo explora a importância de encontrar um equilíbrio entre a
efetividade do processo legal e a proteção dos direitos fundamentais. Discute
propostas de alterações legislativas para garantir a proteção do direito fundamental à
privacidade e a efetividade da penhora de bens digitais. Além disso, explora possíveis
medidas regulatórias e destaca os papéis dos órgãos reguladores e fiscalizadores. Aborda também as responsabilidades dos agentes públicos e das empresas privadas na proteção da privacidade do devedor.

NÃO HÁ

The present research intends to analyze the Alagoas penitentiary system during the COVID-19 pandemic, especially focused on the performance of the Judiciary of Alagoas when habeas corpus judgments are filed in favor of women arrested for drug trafficking. The objective is to understand how female prison relations in Alagoas were affected by the pandemic. For this, the first moment of the research proposes the construction of a history of the present of the inmates, presented from the historical categories of space of experience and horizon of expectation, contributions of the historian Reinhart Koselleck, through which the history is thought under realities timeless, which unite in transcendental categories and create knowledge and lack of knowledge, capable of structuring realities. After the construction of these reflections about the prison reality, the pandemic scenario emerges as a synonymous factor of potentializations and ruptures, on which the research intends to look more closely. For this, an empirical research was developed that analyzes the habeas corpus filed in favor of women for the crime of drug trafficking, between March 17, 2019 and March 17, 2021, which represents the time lapse of one year before and one year after the date of declaration of a state of pandemic by the World Health Organization (WHO), on March 17, 2020. As a starting point for analyzing the processes, the measures set out in Recommendation nº 62, of March 17, 2020 of the National Council of Justice (CNJ), which aimed to prevent the viral spread of COVID-19 in the criminal and socio-educational justice systems. The intention was to understand how the Judiciary of Alagoas received the recommendations and their impact on the female prison system. Initially, all processes were analyzed quantitatively, based on the creation of analysis vectors for each year, which were broken down individually and then compared with each other, to find out how the Judiciary was deciding before the pandemic and if there were changes after to COVID-19. In addition, judgments from the pandemic period were also analyzed qualitatively. Finally, it was concluded that the reception of Recommendation nº 62 of 2020 of the CNJ by the Court of Justice of the State of Alagoas, in terms of habeas corpus, was not in the sense of knowing the requests to grant them, but it was only used to substantiate denial orders.

This work aims to show the importance of promoting an emancipatory educational practice in human rights, under government command and social support. For this, it is proposed a case-study, based on the needs of Vila Emater, in Maceió/ Alagoas - Brazil, which led to a Public Civil Action, by the Public Ministry of Labor. Thus, this research reflects that the Law is as a mechanism of pacification and social emancipation, amid a socioeconomic and cultural inequalities that plague this community. The specific objectives were analyze the theme from the perspective of the evolution of the education in and for human rights in Latin America, in order to theorize it from a view that focus on otherness, that is, with more solidarity and fraternal scope, also reflecting the Law as an instrument for promotion of human rights, especially the right to education. Taking Paulo Freire and Emmanuel Levinas as theoretical reference, will prove the possibilitie of emancipating education, through the principles of fraternity (preamble and article 3º in Federal Constitucion 1988) and juridical alterity. The methodology used was the bibliographic review, the documentary survey and the empirical research, as well the case-study was analyzed in order to identify the actions and forms of intervention regarding the implementation of citizen and humanist practices. The research showed that the state action was due to the lack of supervision of the measures imposed by the agreement between the procedural actors and the lack of structuring for a life minimally worthy of that population.

In the context of technological innovations, problems that the Law needs to address often arise without specific laws to regulate them. Thus, it is necessary to assume a relevant role in these situations through jurisprudence and the interpretation and application of other codifications of a more general and principled character. That was the case of the civil liability of internet providers. The search for specific legislation to address this and other issues resulted in the Marco Civil da Internet and the controversial Article 19 of this law whose constitutionality is being challenged in the Brazilian Supreme Court. This provision makes the offended parties more vulnerable by bringing more obstacles to the liability of these large companies. However, they are the providers and make their profit precisely from the information made available by users. This great difficulty is expressed mainly by the need for non-compliance with judicial notification to incur liability and in the requirement to indicate all the links in which there is offensive content. All this happens for the sake of protecting freedom of expression. Nonetheless, it allows damages to increase in a medium that propagates content massively and instantaneously, due to the slowness of judicial means and too many requirements demanded from those who do not have the financial and technical capacity to solve the issue. This position of the law is reflected in judicial decisions, changing the paradigm and, consequently, bringing risks and threats of injury to other fundamental rights that, equally and by constitutional force, must also be protected. Given this panorama, some solution paths are presented in order to advance in a balance, guaranteeing the cohesion of the legal system, respect for constitutional principles, and the protection of threatened fundamental rights. To this end, these paths are supported by the weighting of principles, by the indispensable dialogue of sources, and by the principles and provisions of the General Law of Data Protection and protection of transindividual rights that result in a proactive responsibility and peculiar role of the providers.

It is possible to extract from the Brazilian procedural system the authorization for the application of executive measures against nonparties, intelligence arising from the duties attributed to all indiscriminately, the subject to the effects of the decision and the general power of effectiveness structured in CPC/15. This reality was gradually developed and found ample space with the legislative reform of 2015, precisely because of the structure offered by the system in relation to the wide powers available to the judge to carry out his determinations, especially through the valorization of executive atypicality. On the other hand, in view of this authorizing presupposition, it is emphasized that no one can have their legal sphere impaired or affected without due process of law, which includes, above all, the right to participate in adversarial proceedings, an elementary aspect for the analysis of the imposition of executive measures to the detriment of nonparties who, in theory, did not participate in adversarial proceedings in the the original procedural relationship. Indeed, about the counterpoint between the general power of effectiveness against nonparties and the right to the adversary system, questions regarding the extent of the nonparties interest, the procedural aspects of the exercise of the adversary system, the decision-making grounds and the judicial remedies are essential, so that the jurisdiction is effective without, however, losing sight of the fundamental right to the adversary system. Thus, the present study, through the deductive method of research, with bibliographic and jurisprudential exploration on the subject and its nuances, with a focus on the perspective of civil procedural law in the light of constitutionalism and fundamental rights, will seek to offer points of reflection and the perspective of compatibility between the breadth of power and the strengthening of due process of law

Throughout the Federal Constitution of 1988, an extensive list of
foreseen fundamental rights is observed. Some opted for directing their
regularization of those most appropriate to the legislator in a
constituted way. However, it should be noted that, even with this
commandment, the numbers are limited in their constitutional initiative
in the absence of regular justice. With this legislative search scenario,
which is not infrequently used as a strategy, the Judiciary has gained
prominence in the solution for these issues, justified by its main
function of the Magna Carta. This proactive judicial action raises
questions about how this action can reflect on the principle of
separation of Powers and the precepts of a Democratic State of Law.
This gap, this quality, places a virtue in the performance of the
constitutional and democratic Powers, followed by the avocation of the
front in the review of fundamental rights.

The main objective of this dissertation is to analyze, in the light of the theory of criminal
guaranteeism, the growing phenomenon of importation consensual resolution mechanisms to
the national legal system. Starting from the premise that the Constitution of the Federative
Republic of 1988 prescribed a set of limiting guarantees to the application of the punitive power,
conforming a falsificationist system to define the criminal deviation, described by the Italian
philosopher Luigi Ferrajoli as a guaranteeist epistemology, it is intended to examine in this
work the possible contradictions raised by the negotiation mechanisms that have already been
positivized ― as well as by the current projects to expand the consensus’s space ―, on the one
hand, and, on the other hand, by the guaranteeist system sheltered by the Constitution of the
Republic. The hypothesis is that negotiation in criminal proceedings, insofar as it dispenses the
fundamental guarantees that guide and legitimize the application of punitive power within an
accusatory and democratic processual perspective, presents as incompatible and potentially
harmful to this guaranteeist system positivized in the Brazilian legal system. To guide the
development of this research, primarily documentary and bibliographic research techniques
were used, using the dialectical-phenomenological and historical-comparative method,
supported by extensive material already existing, including legislation, jurisprudence and
varied academic productions, national and foreign, by authors who developed critical studies
on the subject of analysis. At the end of the research, it was concluded that the negotiation
mechanisms promote effective damages to the guarantees that structure the referred
guaranteeist epistemological system, especially the guarantee of jurisdiction, by allowing the
application of a penalty in the absence of a judicial process; the mandatory criminal
proceedings, as such mechanisms are based on the discretion of the Prosecution; the separation
between the various procedural actors, promoting serious subversions in their actions, as well
as the full defense, contradictory and production of evidence, by demanding the waiver of the
production of evidence on the initiative of the accused, being satisfied with the elements
produced in a unilateral and inquisitive way by the criminal prosecution, eventually
corroborated by the guilty of plea of the accused. In an attempt of proposing harms reduction,
it was suggested the regulation of issues such as defensive investigation, greater judicial control
over the factual basis of the agreements and expansion of the Public Defender's, especially in
the preliminary investigation phase.

Brazilian doctrine, followed practically in unison by jurisprudence, has long recognized the presumption of veracity of administrative acts as one of its elementary attributes, the consequence of which is the reversal of the burden of proof in detriment of the individual, leaving the latter to demonstrate the untruthfulness of the facts consigned by the state agent. It so happens that forensic practice has shown that this doctrinal and jurisprudential construction has been used by the State in order to subject the administered to the authority of its acts, without being given the ability to effectively question it. In this context, we propose to carry out a critical analysis of the attribute of the presumption of veracity of the administrative act, now under a contemporary view of the 1988 Constitution, whose basic precepts reinforce a state supported by the democratic regime of law, and that among the list of fundamental guarantees, it is expressly foreseen that the Administration respects the adversary system and ample defense, corollaries of the due processo of law. Furthermore, as we see that the problem intensifies precisely at the moments when the Public Administration behaves as an accusing State, we will direct the study towards the punitive (sanctionary) act, in which there is an imputation of penalty to the individual. In this sense, given the circumstance that the punitive intention of the Administration is expressed, to a large extent, through the exercise of its police power, we will also enter into this theme, emphasizing new technologies as an element to be taken into account in the reflection on the need for proof of administrative offenses by the State.

The present dissertation focuses on investigating the phenomenon of the high financial dependence of municipalities on the tax revenue sharing system, as well as studying the repercussions caused for the exercise of the material powers conferred for the effectiveness of fundamental and social rights. It aims to understand, based on the mechanisms of cooperative fiscal federalism, the factors that compromise municipal development to achieve financial sufficiency through their own tax competencies and how revenue transfers help to eliminate existing social and economic inequalities. From the verification between the federative rules foreseen in the Federal Constitution of 1988 and the records of the changes in state structures, with the support of doctrine and financial statistical data obtained from databases on electronic sites, it was found the insufficiency of the own tax collection and the constant and growing need for transfers of income to fund the programmatic tasks for social welfare. All this verified through the measures of centralization of tax revenues in the legal sphere of the Union together with the measures of control of public spending that prevent the inflow of significant sums of public finances for the municipalities, revealing a real impasse to the exercise of municipal financial autonomy

Taxlegalityhasalwaysbeen a matterof intense debate in the nationaltaxdoctrine, establishingitself as a guarantee for taxpayersand a true fundamental basisof the BrazilianNationalTax System, accordingto the Federal Constitutionof 1988. Accordingto the taxstudiesscope, the importanceofsuchguaranteeisbig enoughthat some peopledefends a closedorshuttypicality. In thissense, in additiontoinvestigating the contentoftaxlegalityand its scopewithin the system in a broadway, the presentworkaimstoanalyze how the aforementionedconstitutionallimitis in linewithurban real estatetaxation, through the IPTU, more specificallywith the delimitationof the calculationbasisof the referredtax, either in an abstract way, or in a concrete way. In orderto do so, a bibliographic review iscarried out ontaxphenomenology as anessentialfactor for understanding the subject, investigating how the IPTU taxincidencematrix-ruleisstructured, separating the phenomenologyof the taxfrom its institution in lawuntil the tax assessment. In addition, the use of tools adoptedbyTaxAdministrationsto make tax management more efficient, known as practicability, isdiscussed, focusingon the so-calledGenericValuePlants (PGVs), mechanismsusedby Municipal TaxAuthoritiestoconcretelymeasure the valuesof the property in a presumptivemanner, currentlyessentialtochargingthe IPTU, studyingthemaccordingto the taxlegalitythrough a bibliographic review. The dissertationalsoseeks, at the end, to analyze how the exerciseof the competencetotaxurban real estatecan serve for the compositionof municipal revenuesaimingat the fiscal autonomyof the municipalitiesand, consequently, the provisionofessentialpublicservicesto the citizens.

Basic sanitation as a legally structured public policy and the institutional legal arrangements conveyed by its new legal framework are the object of this study. Due to the broad legal dimension of the concept of sanitation and in order to approach the object with more precision and coherence, a methodological cut is made to, from a dogmatic perspective, focus the analysis in relation to public services for the supply of clean water. and sanitary sewage. Initially, it seeks to demonstrate the recognition of basic sanitation as a human right and then its framing as an autonomous fundamental social right is carried out, based on the opening clause of CF88. In light of the design of the federal state and the cooperation federalism adopted by the Brazilian constitutional order, it is sought, based on the principle of subsidiarity arising from it, to offer some directives around the division of competences in the sector, the creation of new institutional legal arrangements and the combination of public and private efforts around the universalization of the right to basic sanitation. Next, the main sectoral innovations promoted are analyzed. The commandment of regionalized provision is understood as the main axis of the changes, because to make it viable, the central government assumes the role of regulatory coordination by ANA, which starts to issue national standards of regulatory reference. A greater opening to private participation in the sector is carried out and rules are structured for the economic and social viability of the services. The mandatory goals of universal sanitation and their implications for the redesign of public policy are specially addressed. Finally, paradigmatic judgments of the STF are presented that had the new legal framework as a reference and, whose argumentative line and result, reveal some implications for the theme developed here.

The constitution, as fundamental law of the State in which it is inserted, has its own characteristics that distinguish it from the other normative acts. These distinctions stem mostly from the need for this document to be, at the same time, stable and malleable, since modern societies are in a constant process of evolution and the constitution and social reality mutually influence each other. The complexity and flow of contemporary societies demand, in this way, that the constitution has mechanisms that allow it to provide the necessary answers to the real demands of the State and to its constant evolution. Throughout constitutional history, in parallel to the formal constitutional reform procedures, constitutional mutations - process of informal changes to the constitution, without the correlative modification of its normative text - have been identified. Although this phenomenon had been first identified as a consequence of the incidence and prevalence of the factual plane over the legal, without the guarantee of constitutional supremacy, it has been modernly related to the constitutional interpretation. From this point of view, in the Brazilian scenario, constitutional mutations have gained increasing prominence, especially since the strengthening of constitutional jurisdiction and the expansion of the powers given to the Supreme Court under the Constitution of 1988. The wide range of powers conferred to that Court and the countless matters that are put up for its consideration have brought wide-ranging discussions about the occurrence of constitutional mutations. However, based on the analysis of the proposals for constitutional mutation of the articles 52, X and 57, §4 of the Constitution, in the scope of the Complaint 4335 and the Direct Unconstitutionality Action 6524, respectively, it is possible to verify that, many times, the occurrence of constitutional mutations is raised as a simple rhetorical argument to justify interpretative changes, without demonstrating the occurrence of an informal process of alteration of the Constitution. Furthermore, the intended mutations often turn out to be unconstitutional, being imperative to the expansion of the discussions about the limits to which constitutional mutations should be subject. Thus, through bibliographical and jurisprudential researches, the aim was to analyze constitutional mutations and its recognition by the Judiciary, notably by the Federal Supreme Court, based on the constitutional interpretation, seeking to compare the use of the institute to the foundations of its initial conception, and to identify possible limitations that may apply.

The present master's thesis is proposed with the intention of unraveling, conceptualizing, and  delimiting development, both as a complex process and as a human right. With the initial  intention of identifying the genesis and the legal validity of this right, and, subsequently, to  correlate development as part of economic studies. With this, the research delves into the  possibilities of state regulation in the economy and its possible effects, as well as which  regulation model should be followed in light of the constitutional context in which Brazil finds  itself. After this, in view of the methodological approach, we move on to the study of the  phenomenon of poverty and its unfoldings, also performing an analysis of the current situation  of the State of Alagoas. Finally, taking into consideration the possibility of great natural gas  exploration in Alagoas, we seek to understand the consequences of such exploration, especially  the economic consequences. Thus, given the need for the application of the right to  development, the social conjuncture of Alagoas, the possibility of natural gas exploration and  the imposition of state action, through regulation, aimed at development, an analysis of  paradigmatic developmental projects is proposed, as well as pillars for the elaboration of a  national development project linked to reality, without losing sight of the immense  technological revolutions and their impacts.

This paper delves into the consequences that an acknowledgment and assertion of the atypicality of the extralegal plea bargain agreement, i.e., one whose concessions go beyond the legal constraints, may engender concerning the evidence gathered.  It also assesses the likelihood that the third party involved file for revocation of the agreement and/or of the judge’s acceptance of the negotiated plea.  The topicality of the subject, its practical relevance, and the lack of jurisprudence precedent regarding it converge to encourage further research that will bring forth a greater understanding of how evidence is gathered following the signing of a plea bargain.

The right to privacy, in its informational dimension, came to be
especially protected in Brazil from Law Nº. 13.709 / 2018 -
General Law for the Protection of Personal Data. The present
work aimed to investigate whether this law will cause changes in
the behavior of data processing agents, and also whether it will
be able to mitigate the risks to privacy in the information society,
in order to promote effective safeguards for data subjects. For
this, the deductive method was used - starting from the
historical, social and cultural development of essential concepts
for the study -, aided by the comparative method - from the
simultaneous analysis between LGPD and GDPR -, and a
theoretical, qualitative and descriptive/ prescriptive research was
carried out,– with the use of national and foreign doctrine,
identification of the nature of the concepts, exposition of the 

theme and presentation of proposals/solutions based on
European and national experience. It was concluded that the
LGPD is able to successfully institute a personal data protection
system aimed at preventing damage, but also ensuring repair in
case they materialize. In order to lead agents to compliance, the
LGPD empowers the National Data Protection Authority to
monitor compliance with its provisions and apply administrative
sanctions in the event of any violation. Examining the provisions
and impacts of the GDPR in Europe, important subsidies were
obtained for the analysis of the effectiveness of Law Nº.
13.709/2018, given the similarities between the legislations. The
European experience demonstrates that the social effectiveness
of the Regulation in the Member States of the European Union
depends, considerably, on a strong, quick and independent
action from the control institutions. In this sense, also in Brazil,
the effectiveness of the LGPD will largely be subject to the
action of the ANPD. In view of the territorial dimension of Brazil,
its large population and a still incipient culture of privacy that
prevails in the country, the National Authority may face many
difficulties to raise public awareness, respond to complaints from
holders, as well as guide, supervise and sanction the treatment
agents. Therefore, it will be necessary for ANPD to have
sufficient financial and human resources to perform its duties
quickly and effectively. As a possible way to alleviate such
obstacles, the National Authority may enter into collaboration
agreements with other institutions, such as SENACON, to carry
out its educational activities, meet the demands of holders and
create mechanisms to assess compliance with the rules by
controllers and operators.

Although the literature is not abundant and in-depth on the subject, having, for the most part, articles on the subject, there is a growing and intense debate in the doctrine about the role of control bodies and entities over administrative activity.The objective of this work is to analyze and understand the structure and the exercise of the competences of the State control institutions, specifically those that deal with the performance of the public administrator of the federal Executive Branch, in order to stimulate the discussion and promote a timely reflection under the discursive formations related to the public manager's mode of action as a result of possible excesses practiced by state control agents. Throughout this study, bibliographical perspectives on the separation of powers and the paths taken to the current managerial model of public management are presented. The concepts of the fundamental right to good administration and control in the digital age are discussed and analyzed, through a systematic review, a starting point for further study of the legislation and structures that make up the control activity of the federal executive branch , then to enter into the central theme pertinent to the exacerbated performance of the control bodies and the fear on the public administrator, proposing alternatives for a better calibration of the control of the administrative activity of the State. The conclusions point out that the Public Administration and the control activity coexist in disharmony and that they need to converge their actions in a systemic interaction of intense dialogue, considering that fear is installing itself in the public manager's daily life, interfering in their decision-making practice, putting at risk the implementation of public policies and the realization of fundamental rights.

The employer's supervisory power characterizes one of the expressions of the employment power linked to the continuous monitoring of the provision of services in the work environment. Based on this prerogative, intimate search about the personnel and the personal objects of the employees are adopted to guarantee internal surveillance. The discussion on the topic of “intimate search” in the workplace took on a new shape with the paradigm set by Subsection I Specialized in Individual Disputes (SBDI I) of the Superior Labor Court (TST) when signing a legal thesis that the search procedure carried out in the personal belongings of all employees it is contained within the scope of the supervisory power when adopted in an indiscriminate manner and without physical contact. However, the aforementioned statement of the positive right concerning the intimate search, present in Art. 373-A, VI, of the       Labor Relations Code (CLT) and in Law No. 13.271 / 2016, encourages reassessment by the Science of Law. The object of the dissertation is to evaluate the constitutional limits of the intimate search in the workplace as a guarantee of the fundamental right to intimacy. Methodologically, legal bibliographic research and the deductive method are adopted it. The legal analysis was carried out (1) based on the doctrine on the protection of privacy in the field of fundamental rights and in the analysis of the legal system of the country; and, (2) with respect to the deductive examination, from a major premise - the constitutional and infraconstitutional rules - to a minor premise - the specific case of the analysis of the intimate search in the workplace. In chapter one, some premises will be stipulated from the study of the constitutionalization of Labor Law; the legal effectiveness of fundamental rights in relations between individuals; and, still, of the proportionality rule in Robert Alexy's conception. Given these assumptions, in the second chapter will approach the evolution of the fundamental right to privacy; the supervisory power in the workplace in the exercise of the employer's property right; to in the end, investigate the intimate search about the person and the personal objects of the workers. In chapter three, it will examine the social function of property and the company; as well as the economic, social and environmental aspects (triple botton line), in which the figure of the worker presents itself as an important stakeholder worthy of legal protection in the dynamics of business activity. Finally, chapter four, the investigation will lead to civil liability in the face of the employer's disrespect for the company's social function when exercising abusive inspection through intimate searches, thus constituting an off-balance sheet damage. It is believed that it is possible to affirm that disproportionate searches in the person or personal objects in the workplace that violate the fundamental right to privacy represent intimate search, so that, when performed against the company's social function, it constitutes an unlawful act causing harm off-balance sheet subject to civil liability.

The main objective of this dissertation is to present a notion of non-metaphysical literal limit and propose a way to deal with such a conception from a system of argumentation burden. In Brazilian legal practice, part of court decisions subscribes to literality as an insurmountable limit for decision making. Some pronouncements, however, signal the possibility of overcoming it and there are even those who doctrinally question its existence. In this scenario of dispute for literality, this dissertation seeks, at first, to bring concepts from pragmatics, especially concepts by Wittgenstein, and from theories of argumentation, especially concepts by Alexy, to confirm that the literal limit is contextual, open, and contingent, but objectively existing because it is based on word usage roles. In a second moment, focusing on a necessary approximation for contemporary Law between legal security and concrete justice, elements are proposed so that the literal limit is operationalized in the legal universe as a burden of argumentation, and not as a radical block to the taking of decision. By following this path, this work concludes that the non-metaphysical literal limit must be understood as one of the most important burdens of argumentation, establishing a weight for the reasons that intend to justify a decision removed from the text in the name of concrete justice. Seen in this way, literality manages to restrict decision-making spaces without subjecting the judge to limits that prevent him from dealing with new conflicts, as claimed by the Democratic State of Law.

The reflexes of normative indeterminacy in judicial decisions do
not constitute a new problem neither to legal theory nor to legal
practice. Likewise, the methods of legal interpretation and
application - such as subsumption, the four canons and
weighting of assets - have been suggested in a long time by
Brazilian dogmatics as important resources to normative
application. However, based on a few conclusions of philosophy
and hermeneutics’ “linguistic turn”, some of the Brazilian
doctrine have been questioning the possibility of applying the
methods as support to decision-making, through criticism that
have been affecting legal decisions. On the other hand, a
considerable portion of court practices still resort to methods of
interpretation to justify their decisions, in particular in hard cases
in the light of the presence of indeterminate legal concepts.
Oftentimes, the resort to methods is only superficial in a culture
of application marked by ad hominem arguments and
interpretative skepticism. In this context, the present research
aims to investigate how far the conclusions of linguistic-
pragmatic turn allow to claim as necessary between the
application of indeterminate legal concepts and resorting to
interpretative methods. Following an organization in four
discursive levels (philosophical, jusphilosophical, dogmatic,
practical), the dissertation appeals to three main metaphorical
figures to set a previous comprehension of its object and then
entangle it: The Master, which represents legal dogmatics, the
Chimera of indeterminate legal concepts and the Iceberg of 

interpretative methods. These figures are analyzed under two
main dimensions underlined by the linguistic turn: hermeneutic
(Heidegger) and pragmatic (Wittgenstein). After making
concessions resulting from partial falsification of its premises,
this work concludes that the investigated methods have a
necessary relation to filling in concepts insofar they strengthen
transparency, comprehension and control of court judgements.

This paper intends to analyze whether the performance of the State
Public Ministry of Alagoas, with regard to trans-individual interests,
considered the instruments of public civil action, the conduct
adjustment term and the recommendation, in the years 2016 to 2019, in
the city of Maceió, was in line with the contours of access to justice.
To achieve this purpose, a bibliographical research will first be carried
out on the role of Parquet in safeguarding the interests mentioned; as
well as about the aforementioned instruments and about the dictates of
access to justice; on the other hand, with the objective of answering the
research problem, an empirical investigation will be carried out, based
on the data of the instruments handled by the mentioned institution in
the period defined for this investigation.

x

Municipal financial autonomy is the basis of all other autonomies. The 1988 Federal Constitution elevated the municipality to the level of federative entity on an equal footing with the Member States and the Union. However, part of the Brazilian doctrine disputes whether there was in fact an end to the hierarchy between the units of the federation. The lack of own resources, combined with financial dependence on intergovernmental transfers for the fulfillment of constitutional obligations, opens the discussion about Brazilian fiscal federalism and the role of municipalities in this model. Thus, the theme was delimited, in the present work, to the Alagoan context, that is, the financial dependence of the Alagoas municipalities in relation to intergovernmental transfers, presenting the intermunicipal public consortia as a cooperation instrument that can help the municipalities to overcome chronic subordination. these resources. Through a historical-legal study of federal and state constitutional rules, as well as infra-constitutional rules, it seeks to understand how municipal financial autonomy, verifying the socioeconomic reality of Alagoas, the influence it has on municipal finances and what are the difficulties for the administration in increasing of its revenues, proposing in the end the creation of consortia that help in the municipal tax management. To carry out the research, a methodology was used based on the legal, economic and geographic literature on the topic. In addition, research was carried out by official bodies - federal and state - or linked to the municipalities, in order to subsidize the theses raised about the topic. The work aims to add to the context of Alagoas the study on the financial reality of state municipalities and consortium management.

Over the past few decades, Brazilian society has seen a rapid expansion in homicide rates in almost all regions of the country. Among all locations, the state of Alagoas stood out negatively, as it occupied the top of the ranking of lethal violence for 9 years – from 2006 to 2014, in proportional terms. The level reached by Alagoas as one of the states where the most homicides occur in the country and the non-mandatory university internship developed in one of the capital's jury prosecutors during the years 2014 to 2016, where there was the opportunity to analyze investigations and criminal proceedings involving , mostly completed and attempted murders, motivated people to try to understand the causes of this violent and lethal crime, which affects more directly the marginal strata of society and, since that period, has shown itself to be linked to the illegal drug trade. Based on this primary perception, we chose to divide this work into three parts. In the first chapter, we brought the specialized literature on the topic of drugs, in order to address criminological, political-criminal and legal issues, in which the issue of drug prohibitionism and its effects on selected subjects was highlighted, and then , the very power of informal control of drug trafficking. In the second and third chapters we present the result of the empirical research developed and derived from the investigation of electronic lawsuits - which include completed police inquiries -, judged by the Jury Court of the three judicial units - 7th, 8th and 9th courts -, in the year 2019, competent to prosecute and judge crimes against life. There, we present the data produced on an eminently quantitative basis, through graphs, tables and figures, in order to identify whether the crimes of homicide committed are related to drug trafficking and how they are linked. In the third, which was not available at that time - qualification -, we intend to work especially with qualitative data, through the reports of those involved in the criminal action, as well as witnesses and deponents. The result achieved and presented so far proposes that more of the half of the murders against life tried by the three judicial units mentioned had, in some way, to do with the trade – and consumption – of drugs. Furthermore, combining the present with other studies with a similar perspective, the hypothesis of a problem of increased severity can be suggested.

Based on feminist theoretical studies about gender oppressions, and within an intersectional and historical perspective, through literature review, document analysis - supported by the method of content analysis, according to what Bardin proposes: pre-analysis, exploration of the material / treatment of the results obtained and interpretation - and interviews, this research aimed to observe the incarceration of women in the state of Alagoas. From the understanding of the causes that would have altered the dynamics of the incarceration of women in a substantial way and of causes closer to the present moment and that also produce an impact, through a perspective of analysis committed to a history of the present. The periods 1913 to 1921 and 2005 to 2019 were highlighted, and the impact of Law 11.343/06 was analyzed in this context. The study comprised both the observation of the evolution of the spaces destined to custody women, as well as their relations with crime. It was possible to verify that the forms of control over the female body are always updated, as society develops, both in the informal sphere, in the home or outside it, and in the formal one, through the criminal justice system. If before they were incarcerated for disorder or insanity, today involvement in trafficking takes on the selective role that makes use of oppressions and vulnerabilities such as gender, race, and class to segregate and reaffirm the condition of being on the margins. The result is a mass of young and black women, as well low levels of education, mothers, who go through the police, receive notations on their criminal records and yet another stigma to carry after prison. It was possible to perceive that the Drug Law is a reflection of a tendency to greater punitive rigor after the redemocratization, which was pointed out, in the study, as a proximate cause to the massive incarceration, especially of women. Such cause is reflected not only in the Drug Law, but in a set of laws that greatly impact this incarceration. Moreover, it was also possible to observe that authoritarianism, in the psychological-social and ideological latent modalities, pointed out as a background cause, also impacts this scenario of female incarceration.

This dissertation addresses the subject of defensive criminal investigation as a right at the  disposal of the technical defense for the direct production of evidence in the course of  criminal prosecution for a model of fair criminal proceedings. Based on this premise, in order  to contextualize the theme, research permeates the study of the legal norm, between rules and  principles, with the purpose of removing the principle of parity of arms in criminal  proceedings, starting with art.5, §2 of the Constitution Federal, which is a constitutional  opening clause rule. The study highlights the contradictory and the broad defense in the  police inquiry, with the proposals of contrary and favorable authors, in a doctrinal analysis.  The research uses the Theory of Penal Guarantee which supports, among its axioms, the right  to proof, which constitutes the fundamental right of the accused, which is the objective of the  defensive criminal investigation. On the other hand, the expansive and punitive criminal  policy of criminal law has suppressed the constitutional and procedural penalties of the  accused to give the false impression of speed and efficiency, as a response to the criminal  prosecution system, which degenerates the basic principles of modern criminal law. . The  research methodology used in the study is bibliographic and documentary that deal with the  topic, as well as a field research with lawyers from Alagoas who are active in the criminal  field. The study also presents a dogmatic, theoretical and practical overview of the evidence  in criminal proceedings. In addition, it makes a brief study in the North American and Italian  legal systems on defensive criminal investigation. The study presents the limiting aspects and  the possibilities for carrying out defensive criminal investigation and its reflexes in criminal  prosecution, as well as exposing doctrinal criticisms to the validity of the evidence produced  directly by the defense. In this perspective, the research seeks to demonstrate that there is a  need for legislative changes in the legal system to carry out defensive criminal investigation,  as a criminal policy measure, with the purpose of being an essential tool to the right of  defense, which will guarantee the fundamental right to proof at par of arms. 

In a broad sense, this study adresses the subject of intellectual property, which traditionally comprises two major fields of rights: copyright and industrial property. In a more restricted sense, the research will focus on the industrial property of patente rights and, more specifically, on the prominence of science and technology institutions (ICT) in the filling of patente applications with the National Institute of Industrial Property (INPI), notably public universities. The text will advance through four sections, using the deductive-inductive method for a bibliographic, legislative and documentar analysis with a descriptive objective. The numbers were searched in the database and documents made available by the INPI and in the UFAL and NIT/UFAL websites, as well as of any Other universities occasionally considered during the research. The theme combines subjects marked by interdisciplinarity in the literature, but the proposed analysis is essentially legal and not interdisciplinar. In other words, studies already developed and published in other areas were considered only for complementary and clarifying purposes. In sequence, we sought to extract useful contibutions from historical and doctrinal understandings on the structure of the patente legal institute in the first and second sections of the work, advancing in the next section to a constitutional and functional understanding of the material contente of this right, from the methodology for legal interpretation of the constitutionalization of private law. Finally, the fourth section dealt with the evolutionary and institutional context of science, technology and innovation, with the purpose of confronting the developed understandings and, finally, concluding on the connection between the subjects covered and the pertinence, in a view of the constitutional and functional interpretation of the patent law, of the particular context of the prominence of science and technology institutions (ICT) in the filling of patent applications by Brazilian residents. Initially, the premise adopted was that patente rights are legal artificialities consisting of exclusives for the economic exploitation of technologies that can be determined by legal technical requirements. These exclusives are assumed to be production goods in the economic logic of the Market enshrined in the Brazilian constitutional system. Therefore, given the system in which  they exist and are valid, these rights only assume functionality within the productive envirionment. In this way, the general objective arises to understand the connection, congruence and pertinence in the prominence achieved within this scenario by academic institutions historically focused on higher education and basic research, whose agenda and gears would not, in principle, be in step with the agenda and gears of industry and the Market. Seen from another angle, the objective is to undestand the relationship between patente law and the fields of Science, technology and innovation in the Brazilian regulatory context.

The dissertation has the main objective to demonstrate the low probatory value that possess the testimonys of award-winning collaboration (plea bargaining) in the criminal proceedings, since this “means of obtaining evidence” is still utilized as argument of several decisions against the constitutional guarantee system. For such, will make a proposition that aims to put the criminal procedural nullity system at the core to the righteous comprehension of the institute, specifying the kinds of vices or juridic flaws that may arise in all stages of conclusion of the agreement, notably when it has disproportional value. Imposing as juridic consequence the absolute null or inexistence, depending on wich unconformity of the act refers to an essential or structural element, with the demonstration of normative calculus to help reasoning the criminal decisions. To achieve such objectives, it will be made qualitative research looking judged cases from the last 5 (five) years about the subject on the superior courts, with focus on the legislative change introduced by the §16º of the article 4º from the brazilian law 12.850/2013, as well as the most recent studys of the doctrine about the institute of the agreement.