Navegando por Assunto "Federal Court of Justice"

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Acesso aberto (Open Access)
O Brasil de três supremos? Conjuntura política e cultura jurídica na definição do comportamento judicial do Supremo Tribunal Federal
(Universidade Federal do Pará, 2023-01-27) FERREIRA, Valeska Dayanne Pinto; MAGALHÃES, Breno Baía; http://lattes.cnpq.br/0126393188779750; https://orcid.org/0000-0002-7183-2440
This dissertation proposes to understand how the judicial behavior of the Brazilian Supreme Court is structured within the Brazilian political system. The problem of the research is presented in view of the verification of the incompleteness of the legal studies that are intended to investigate the performance of the STF over time, since they are presented in an isolated and retrospective way, not dialoguing with the elements of the political conjuncture and legal culture . This is an explanatory research, with a qualitative approach and bibliographic procedure, developed in an interdisciplinary way, considering studies in the field of Constitutional Law and Political Science. Based on this methodology, a new analytical category is formulated for the judicial behavior of the Court, called political-constitutional conjuncture. From this, the work finds that the performance of the STF dialogues with the political conjuncture and the legal culture that develop in parallel, so that the construction of its judicial behavior is related to the understanding that the Court itself establishes about the role that it must to play in Brazilian constitutional democracy, given the different political-constitutional conjunctures that arise.
Acesso aberto (Open Access)
Uma proposta de modelo de responsabilidade ulterior ao dano da liberdade de imprensa na democracia brasileira
(Universidade Federal do Pará, 2022-01-21) MASCARENHAS, Diego Fonseca; RIBEIRO, Cristina Figueiredo Terezo; http://lattes.cnpq.br/9188707404168670
This thesis intends to critically analyze how press freedom is approached in the Brazilian legal system, based on the study of the insufficiency of the responsibility model after the harm to the communication channels proposed in ADPF n. 130/2009, judged by the Federal Supreme Court, due to this conception that any law to regulate the media activity automatically implies in the risk of prior censorship. Thus, the thesis starts from the consideration that the absence of law in Brazilian legal is detrimental to the rights of civil personality for the citizen, as well as being unfavorable to the media, because it promotes legal uncertainty without instituting what are the normative definitions for the broadly-broadcast sectors of news that become more exposed to receiving convictions in the Judiciary. In this context, the model of ulterior responsibility for harm of the Inter-American Court of Human Rights is proposed, to determine normative guidelines in the restriction of free speech, which can occur as long as it is proportional, with clear legal criteria and with respect to the principles democratic. The thesis aims to expose, from Alexis de Tocqueville and Habermas onwards, the origin of press having a strong connection with democracy in order to demonstrate the reason for the judicial reasoning of the STF and the Inter-American Court to associate the press with democracy. In order to analyze the development of communication channels and their relationship in the public space, the study of how news dissemination media are understood from the point of view of media, mediation and mediatization is developed. The concept known media is approached by McCombs' Agenda Theory, which is based on the pre-selection process of the data that will be conducted to the public space and the way in which they will be interpreted, while the sense of mediation from Thompson makes up the media news as a transmission center not only for facts, but also for values, culture and education. Further on, the thesis positions the emergence of mediatization of data flow channels through Muniz Sodré and Fausto Neto, as it states that the receiver of information is no longer a passive subject to actively participate in the communication process, which shows change perspective of the traditional concept of journalism when there is participation of people within the language of the editorial board. Finally, all the decisions about free speech of the Inter-American Court are exposed to examine what the criteria are when establishing limits for the exercise of free circulation of thoughts and news in democracy, in order to serve as a legal parameter for the Brazilian legal system.