Revista ESASP - Revista Científica Virtual da Escola Superior de Advocacia da OAB/SP
type: channel
description: Welcome to Revista ESASP - Revista Científica Virtual da Escola Superior de Advocacia da OAB/SP Founded in 2009, the ESASP Journal is a Diamond Open Access scientific journal operating on a continuous publication model. Committed to excellence, academic rigor, and ethical integrity, the journal serves as a qualified platform for the dissemination of legal knowledge, with no submission or article processing charges (APCs), contributing to the democratization of access to scientific production. Mission and Scope The ESASP Journal aims to foster contemporary legal debate through the publication of original research of high scientific relevance, contributing to the critical development of legal scholarship in Brazil and in dialogue with the national and international academic community. Its editorial scope focuses on the analysis of legal phenomena in their multiple dimensions, with an emphasis on critical, interdisciplinary, and transversal approaches that connect Law to current political, economic, technological, and social challenges. The journal prioritizes studies examining the interactions between Public and Private Law, as well as the impacts of institutional transformations, international dynamics, and digital innovations on legal systems, including issues related to Human Rights and Socio-Environmental Justice. The journal’s thematic breadth is supported by a multi-level editorial structure composed of an Editor-in-Chief, Executive and Associate Editors, and a Scientific Editorial Board with consultative and deliberative functions, including scholars affiliated with national and international institutions. This structure ensures the proper distribution of editorial responsibilities and coherence between the journal’s scope and its scientific evaluation capacity. The continuous submission flow is managed rigorously by the editorial team, which conducts initial screening (desk review), assigns manuscripts to specialized reviewers, and oversees the editorial proce…
publisher: Escola Superior de Advocacia da Ordem dos Advogados do Brasil, Seção São Paulo (ESA OAB/SP)
language: en
publication name: Revista ESASP - Revista Científica Virtual da Escola Superior de Advocacia da OAB/SP
issn: 2175-4462
copyright: This journal provides immediate open access to its content, based on the principle that making scientific knowledge freely available to the public supports a greater global exchange of knowledge. All articles are published under the Creative Commons Attribution 4.0 International License (CC BY 4.0), which permits unrestricted use, distribution, and reproduction in any medium, provided that the original work is properly cited.
items: The ESASP Journal in a new phase
items: The drafting of procedural documents by artificial intelligence and its compatibility with the Code of Civil Procedure
items: CPC/2015, juristocracy, and the limits of judicial creativity: enforcement effectiveness, legal certainty, and hermeneutic self-restraint
items: Passive Standing in Writs of Mandamus Ten Years after the Brazilian Code of Civil Procedure (CPC/2015): Correction of the Defendant Party in Light of the Brazilian Consumption Tax Reform
items: The “Hybrid Patrimony” in Families of the Elderly: Evidentiary and Succession Challenges Post-STF Theme 1,236
items: Ten Years of The Code Of Civil Procedure: between the Constitutionalization of the process and the structural crisis of the Brazilian Justice System
items: The Principle of Cooperation and Adjudication from a Gender Perspective
items: The Drum the State Does Not Hear: Programmatic Silence and Structural Racism in Brazilian Education (2003–2025)
items: Remission Without Remuneration: Institutional Racism and Prison Labor in Maranhão (2022–2025)
items: 10 Years of The CPC in The Post-Digital Society: The Sniper System and the need for an algorithmic due process
items: https://revista.esaoabsp.com/index.php/esa/en/article/view/209
items: Forms of domestic and family violence against women provided in law 11,340/2006.
items: Improvement contribution and The Democratic State of Law.
items: The Obligation of States to Observe International Conventions
items: The Reflexes of the COVID-19 Pandemic on Family Law
items: Unconstitutionality of Progressive Rates in National Career RPPS
items: The Civil Non-Prosecution Agreement in the Context of PAD
items: The "Lifetime Review": A Brief Analysis of Decay and Equality of Rights
items: The Maria da Penha Law and forms of violence against women
items: Penitentiary System in Brazil
items: Intrafamilial Child Sexual Abuse: An Intrinsic Problem in our Society
items: Civic and Political Education as a Tool to Foster Active Participation
items: The Provision of IP User Data by ISP and Due Process of Law
items: Copyright of Artificial Intelligence and its Reflexes in Comparative Law
items: Subsistence Agriculture - A Plural Alternative for Sentence Reduction
items: How is the Tax Base of ITBI Determined in Cases of Property Contribution to Holdings
items: Classical School and the Paradigm of Non-Differentiation/ Discernment of Minors in Conflict with the Law
items: Fundamental Social Rights and the Judicialization of Public Policies in the Democratic State of Law
items: Improvement Contribution and the Democratic State of Law
items: Conflicts between rights: dignity, free will and the right to (dignified) life.

The ESASP Journal in a new phase
type: item
description: This editorial announces the shift in the publication model of Revista ESASP starting in 2026. The journal adopts continuous publication, featuring a single sequential numbering system without division into volumes: articles, essays, and research studies approved through blind peer review will be published individually in PDF and HTML formats as soon as editorial preparation is completed. It is argued that this model eliminates the waiting time imposed by the closure of discrete issues—an aspect particularly relevant in the field of Law, which is characterized by the rapid pace of legislative and jurisprudential developments—and aligns with practices already adopted by leading Brazilian legal journals. The text contextualizes this change within a broader effort to strengthen editorial infrastructure and interoperability, backed by a consolidated presence in indexers and open-access networks (Miguilim, Diadorim, ROAD, Oasisbr, BASE, and LatinREV), adherence to the DOAJ Basic Criteria and the Diamond Open Access Standard (DOAS) of the DIAMAS project, and alignment with IBICT services dedicated to Brazilian scientific journals. URL stability, metadata integrity, and the Diamond Open Access model are reaffirmed, with no submission or article processing charges (APCs). Finally, the editorial maintains that the change in publication frequency does not alter the journal's core premises—editorial independence, dogmatic and critical plurality, the rigor of double-blind review, and the social function of scientific publishing—while preserving the scheduling of thematic dossiers alongside non-themed submissions.
subject: Editorial
  topic: section
subject: continuous publication
  topic: keywords
subject: open science
  topic: keywords
subject: editorial policy
  topic: keywords
subject: editorial policy
  topic: subjects
creator: Equipe editorial Revista da ESASP
rights: Copyright (c) 2026 https://creativecommons.org/licenses/by/4.0
date: 2026-08-01
publication date: 2026-08-01
starting page: e2026001
ending page: e2026001

The drafting of procedural documents by artificial intelligence and its compatibility with the Code of Civil Procedure
type: item
description: This article analyzes the compatibility of drafting procedural documents using artificial intelligence tools with the Code of Civil Procedure (CPC). The research is grounded in the distinction between authorship and legal imputation, arguing that Brazilian civil procedural law does not require intellectual authorship in drafting petitions, but rather postulatory capacity and responsibility from the subscribing attorney. Copyright and procedural obstacles are dismissed, demonstrating that the use of AI in advocacy is fully valid provided that the duties of veracity, diligence, and professional ethics are met. The study examines the symmetry with the Judiciary's use of AI (CNJ Resolution No. 615/2025), the regulation by the Brazilian Bar Association (OAB Recommendation No. 001/2024), and the management of hallucination risks through human oversight. It concludes that human centrality in judicial proceedings is realized through responsible imputation rather than textual typing, establishing a regime of conditioned AI use in legal practice.
subject: Código de Processo Civil – 10 anos: balanços, desafios e perspectivas contemporâneas
  topic: section
subject: Technology, Innovation, and Law
  topic: category
subject: Legal Practice and the Legal Profession
  topic: category
subject: artificial intelligence
  topic: keywords
subject: advocacy
  topic: keywords
subject: professional ethics
  topic: keywords
subject: civil procedure
  topic: keywords
subject: CPC
  topic: keywords
subject: CPC
  topic: subjects
subject: Humanities and Applied Social Sciences
  topic: disciplines
creator: Adriano Assis Ferreira
rights: Copyright (c) 2026 Adriano Ferreira (Autor) https://creativecommons.org/licenses/by/4.0
date: 2026-08-06
publication date: 2026-08-06
starting page: e2026002
ending page: e2026002

CPC/2015, juristocracy, and the limits of judicial creativity: enforcement effectiveness, legal certainty, and hermeneutic self-restraint
type: item
description: This article examines the tension between executive effectiveness and legal certainty under the 2015 Civil Procedure Code (CPC/2015). It posits that the CPC/2015 serves as a project for rationalization, coherence, and predictability, rather than mere procedural acceleration. Within the framework of "juristocracy," the study argues that judicial interpretation beyond literalism is often necessary due to the open texture of legal language and rapid social change. However, this interpretive expansion finds its limit when it neutralizes objective criteria and express legislative choices. The analysis focuses on two core issues: the application of atypical enforcement measures (Art. 139, IV) and the controversy surrounding the garnishment of salaries below fifty minimum wages for non-alimony debts (Art. 833, IV). While enforcement effectiveness is a constitutionally protected right of the creditor to timely and useful judicial protection, it must not erode the debtor's fundamental rights or substitute legislative balancing. The study concludes that judicial legitimacy in a Democratic State of Law requires hermeneutic self-restraint, rigorous legal reasoning, and due regard for the practical consequences of judicial decisions.
subject: Código de Processo Civil – 10 anos: balanços, desafios e perspectivas contemporâneas
  topic: section
subject: Public Law and Governance
  topic: category
subject: Private Law and Consumer Relations
  topic: category
subject: Fundamental Rights and Human Rights
  topic: category
subject: CPC/2015
  topic: keywords
subject: Juristocracy
  topic: keywords
subject: Civil enforcement
  topic: keywords
subject: Atypical enforcement measures
  topic: keywords
subject: Salary immunity from attachment
  topic: keywords
subject: Civil Procedural Law
  topic: subjects
subject: Humanities and Applied Social Sciences
  topic: disciplines
creator: Domingos Rodrigues Pandelo Junior
rights: Copyright (c) 2026 Domingos Rodrigues Pandelo Junior (Autor) https://creativecommons.org/licenses/by/4.0
date: 2026-08-06
publication date: 2026-08-06
starting page: e2026003
ending page: e2026003

Passive Standing in Writs of Mandamus Ten Years after the Brazilian Code of Civil Procedure (CPC/2015): Correction of the Defendant Party in Light of the Brazilian Consumption Tax Reform
type: item
description: This paper examines the regime of standing to be sued in the Brazilian writ of mandamus one decade after the 2015 Code of Civil Procedure came into force. It starts from the Code's central innovation, which replaced the former third-party nomination mechanism with the general technique of correcting the defendant (articles 338 and 339), an expression of the primacy of adjudication on the merits. The assessment of the Superior Court of Justice's case law on the designation of the respondent authority reveals significant advances, marked by the consolidation of the encampação doctrine (assumption by superior authority) through Precedent 628, yet also discloses a critical exception: whenever the correction of the defendant entails a change of jurisdiction, the court denies both that doctrine and the amendment of the complaint, resulting in dismissal without adjudication on the merits. The consumption tax reform litigation transforms that exception into a central issue. The Tax on Goods and Services, established by Constitutional Amendment No. 132/2023, combines centralized governance exercised by a Managing Committee seated in the Federal District with decentralized enforcement among local tax administrations, converting the excusable error in designating the respondent into a structural risk. In light of the Code's fundamental norms, this study argues that referral of the case to the competent court (articles 338, 339 and 64, § 3) would offer a more adequate response than dismissal, although it is necessary for case law to consolidate this interpretation in the coming years.
subject: Código de Processo Civil – 10 anos: balanços, desafios e perspectivas contemporâneas
  topic: section
subject: Writ of mandamus
  topic: keywords
subject: Respondent authority
  topic: keywords
subject: Tax reform
  topic: keywords
subject: Standing to be sued
  topic: keywords
subject: CPC
  topic: subjects
subject: Humanities and Applied Social Sciences
  topic: disciplines
creator: Bruna Rafaella da Silveira Vasconcelos
creator: Priscila Luciene Santos de Lima
rights: Copyright (c) 2026 Bruna Rafaella da Silveira Vasconcelos, Priscila Luciene Santos de Lima (Autor) https://creativecommons.org/licenses/by/4.0
date: 2026-08-17
publication date: 2026-08-17
starting page: e2026008
ending page: e2026008

The “Hybrid Patrimony” in Families of the Elderly: Evidentiary and Succession Challenges Post-STF Theme 1,236
type: item
description: The recent ruling on Theme 1,236 by the Supreme Federal Court (STF) eliminated the mandatory property separation regime for individuals over 70, granting them the right to choose their marital property regime via public deed. However, the prospective effect (ex nunc) of the decision creates a complex “hybrid estate” in preexisting unions. This article analyzes the legal consequences and patrimonial implications of this modulation for couples changing regimes. Adopting an applied, qualitative, and exploratory-descriptive approach, the study employs the deductive method grounded in bibliographic review and critical-propositional documentary-jurisprudential analysis. Findings show that this temporal division triggers STF Precedent No. 377 for the prior period, which, under Superior Court of Justice (STJ) case law, requires material proof of joint effort. This scenario creates evidentiary uncertainty, converting newly acquired autonomy into potential inheritance litigation. The study concludes that removing statutory restrictions is insufficient to protect older adults, rendering estate planning essential during regime modification. Attorneys and notaries must guide the settlement of preexisting assets through express declarations on communicability in the public deed, securing genuine autonomy and family stability.
subject: Código de Processo Civil – 10 anos: balanços, desafios e perspectivas contemporâneas
  topic: section
subject: Private Law and Consumer Relations
  topic: category
subject: Applied Social Sciences and Interdisciplinarity
  topic: category
subject: Fundamental Rights and Human Rights
  topic: category
subject: Family Law
  topic: keywords
subject: Mandatory Property separation
  topic: keywords
subject: STF Theme 1,236
  topic: keywords
subject: Hybrid estate
  topic: keywords
subject: STF Precedent No. 377.
  topic: keywords
subject: CPC
  topic: subjects
subject: Humanities and Applied Social Sciences
  topic: disciplines
creator: Marcela Evelyn Paiva de Azevedo
rights: Copyright (c) 2026 Marcela Evelyn Paiva de Azevedo (Autor) https://creativecommons.org/licenses/by/4.0
date: 2026-08-20
publication date: 2026-08-20
starting page: e2026011
ending page: e2026011

Ten Years of The Code Of Civil Procedure: between the Constitutionalization of the process and the structural crisis of the Brazilian Justice System
type: item
description: The first decade of the 2015 Code of Civil Procedure`s implementation represents a significant milestone in the evolution of Brazilian civil procedure. This procedural code was conceived under the strong influence of the 1988 Federal Constitution and structured around values linked to procedural cooperation, substantial adversarial proceedings, the justification of judicial decisions, and the pursuit of effective judicial protection. Despite the principled advances promoted by the new Code, the practical reality of the Brazilian justice system reveals the persistence of structural obstacles that compromise the efficiency of judicial services. The persistence of procedural delays, court congestion, excessive litigation, and a culture of appeals demonstrate that the contemporary challenges to acess to justice transcend simple legislative changes. This review develops a critical analysis of the ten years of validity of the CPC/2015 (Brazilian Code of Civil Procedure), arguing that the legislation brought important theoretical and institutiona advances, but that the crisis in the Brazilian justice system stems, above all, from structural limitations of the judicial system itself.
subject: Código de Processo Civil – 10 anos: balanços, desafios e perspectivas contemporâneas
  topic: section
subject: Public Law and Governance
  topic: category
subject: Private Law and Consumer Relations
  topic: category
subject: Legal Practice and the Legal Profession
  topic: category
subject: Fundamental Rights and Human Rights
  topic: category
subject: Code of Civil Procedure
  topic: keywords
subject: Constitutionalization of the process
  topic: keywords
subject: Justice system
  topic: keywords
subject: Judicial effectiveness
  topic: keywords
subject: Code of Civil Procedure
  topic: subjects
subject: Constitutionalization of the process
  topic: subjects
subject: Justice system
  topic: subjects
subject: Jurisdictional effectiveness
  topic: subjects
subject: Civil Procedural Law
  topic: disciplines
subject: Constitutional Law
  topic: disciplines
creator: Giselle Silva Farinhas
rights: Copyright (c) 2026 Giselle Silva Farinhas (Autor) https://creativecommons.org/licenses/by/4.0
date: 2026-08-17
publication date: 2026-08-17
starting page: e2026007
ending page: e2026007

The Principle of Cooperation and Adjudication from a Gender Perspective
type: item
description: This article analyzes the relationship between the principle of cooperation, introduced by the Brazilian Code of Civil Procedure of 2015, and gender-sensitive adjudication, guided by Recommendation No. 128/2022 of the National Council of Justice. It aims to demonstrate how the interdisciplinarity between procedural law and human rights is essential for building a democratic, inclusive, and gender-sensitive judicial process. Initially, the study examines the principle of cooperation as a mechanism of dialogue and participation among procedural actors, highlighting its practical duties and its connection with constitutional values. Subsequently, it addresses gender-sensitive adjudication as an ethical commitment of the judiciary, capable of preventing the reproduction of stereotypes and ensuring fairer decisions in cases of domestic violence, child custody, and workplace harassment. The interdisciplinary approach shows that the judicial process is not neutral and must be interpreted in accordance with international human rights treaties, such as CEDAW and the Belém do Pará Convention. The case study of Maria da Penha illustrates the importance of cooperation and gender perspective in achieving justice and overcoming invisibility and delays faced by victims. The joint application of cooperation and gender-sensitive adjudication constitutes an indispensable tool for transforming the judicial process into a space for promoting human dignity and equality, while addressing cultural and institutional challenges and strengthening the judiciary’s role in protecting fundamental rights.
subject: Código de Processo Civil – 10 anos: balanços, desafios e perspectivas contemporâneas
  topic: section
subject: Legal Practice and the Legal Profession
  topic: category
subject: Fundamental Rights and Human Rights
  topic: category
subject: procedural cooperation
  topic: keywords
subject: gender-sensitive adjudication
  topic: keywords
subject: human rights
  topic: keywords
subject: interdisciplinarity
  topic: keywords
subject: inclusive justice
  topic: keywords
subject: CPC
  topic: subjects
subject: Humanities and Applied Social Sciences
  topic: disciplines
creator: Renata Maldonado Silveira Romão
creator: Rafaela da Silva Cassimiro
rights: Copyright (c) 2026 Renata Maldonado Silveira Romão, Rafaela da Silva Cassimiro (Autor) https://creativecommons.org/licenses/by/4.0
date: 2026-08-10
publication date: 2026-08-10
starting page: e2026005
ending page: e2026005

The Drum the State Does Not Hear: Programmatic Silence and Structural Racism in Brazilian Education (2003–2025)
type: item
description: This article analyzes how Afro-Brazilian percussion is regulated in Brazilian federal normative documents between 2003 and 2025. The general objective if the Brazilian State silences Afro-Brazilian percussion in the regulatory frameworks of basic education, despite the dual obligation created by Law n. 10.639/2003 and Law n. 11.769/2008. The methodology is qualitative documentary research with categorical content analysis, applied to thirteen federal normative documents. The results show that regulation operates through two structural mechanisms: contingency, which mentions percussion generically without guaranteeing its effective inclusion, and subalternization, which frames it as folklore or regional instrument, denying its epistemological specificity. The concept of programmatic silence is proposed to name this phenomenon, differentiating it from epistemic erasure,. curricular silencing and normative invisibilization It is concluded that programmatic silence is an expression of structural racism in the educational field, and that overcoming it requires affirmative regulation, participation of terreiro communities and reform of teacher training documents.
subject: Direito e Hierarquias Raciais: Conflitos, Permanências e Possibilidades de Transformação
  topic: section
subject: Applied Social Sciences and Interdisciplinarity
  topic: category
subject: Fundamental Rights and Human Rights
  topic: category
subject: Afro-Brazilian percussion
  topic: keywords
subject: Programmatic silence
  topic: keywords
subject: Structural racism
  topic: keywords
subject: Decolonial music education
  topic: keywords
subject: Regulation law
  topic: keywords
subject: Silêncio programático.
  topic: subjects
subject: Racismo Estrutural
  topic: subjects
subject: Percurssão afro-brasileira
  topic: subjects
subject: Regulação
  topic: subjects
subject: Ensino Decolonial
  topic: subjects
subject: Direito
  topic: disciplines
subject: Educação
  topic: disciplines
subject: Ciências Humanas e Sociais Aplicadas
  topic: disciplines
creator: Tiago Santiago
rights: Copyright (c) 2026 Tiago Santiago (Autor) https://creativecommons.org/licenses/by/4.0
date: 2026-08-06
publication date: 2026-08-06
starting page: e2026009
ending page: e2026009

Remission Without Remuneration: Institutional Racism and Prison Labor in Maranhão (2022–2025)
type: item
description: This article examines the expansion of prison labor in the Maranhão penitentiary system between 2022 and 2025, situating it within the racial hierarchies that structure the Brazilian penal system and the tensions between the normative promise of the Prison Enforcement Act (LEP) and its concrete application on Black bodies. Drawing on historical series from the National Penitentiary Information System (SISDEPEN), the research shows that while approximately 73% of incarcerated men participated in labor activities by the end of the period, about 94% of those activities were carried out inside prison facilities and two-thirds of workers received no direct remuneration, in systematic violation of Article 29 of the LEP. The population affected by this pattern is composed predominantly of Black and Brown individuals (≈85%), revealing that the racial selectivity of the penal system does not end at criminalization but extends and deepens through sentence enforcement. We argue that prison labor in Maranhão operates as a racially oriented carceral management device: the formal-legal dimension of sentence remission is consistently applied, while the economic counterpart owed to the Black worker remains systematically withheld. Law, in this arrangement, is not neutral, but the field in which racial hierarchies are simultaneously legitimized and potentially contested.
subject: Direito e Hierarquias Raciais: Conflitos, Permanências e Possibilidades de Transformação
  topic: section
subject: Public Law and Governance
  topic: category
subject: prison labor
  topic: keywords
subject: institutional racism
  topic: keywords
subject: penal selectivity
  topic: keywords
subject: Prison Enforcement Act
  topic: keywords
subject: Maranhão
  topic: keywords
subject: Structural racism
  topic: subjects
subject: Humanities and Applied Social Sciences
  topic: disciplines
creator: Diego Lima Cunha
creator: Luíz Eduardo Simões de Souza
creator: João Pedro Câmara Pereira
rights: Copyright (c) 2026 Diego Lima cunha, Dr. Luíz Eduardo Simões de Souza, João Pedro Câmara Pereira (Autor) https://creativecommons.org/licenses/by/4.0
date: 2026-08-20
publication date: 2026-08-20
starting page: e2026010
ending page: e2026010

10 Years of The CPC in The Post-Digital Society: The Sniper System and the need for an algorithmic due process
type: item
description: This article analyzes the ten years of the 2015 Civil Procedure Code from the perspective of the Post-Digital Society, investigating the challenges imposed by algorithmic opacity in contemporary civil enforcement. Given the recognition of the digital environment and the autonomy of digital assets by the Civil Code Reform Preliminary Project (2024), an operational insufficiency of state asset investigation tools is observed, especially the SNIPER system. Although created to provide speed and efficiency, these mechanisms operate under the technological "black box" phenomenon. The central issue lies in the substantive unconstitutionality of opaque judicial decisions and automated reports that, by withholding explainability regarding the tracking and restriction of dematerialized assets and cryptoassets, frontally violate the non-surprise principle, substantial adversary system, and human dignity, fostering patrimonial violence and fraud. As a procedural response to this gap in human control, the implementation of the Algorithmic Due Process Incident (IDPA) is proposed. This is an incidental and cognitive pathway capable of ensuring the transparency, auditability, and governance necessary to safeguard fundamental guarantees and the effectiveness of judicial protection in the era of algorithms.
subject: Código de Processo Civil – 10 anos: balanços, desafios e perspectivas contemporâneas
  topic: section
subject: explainability
  topic: keywords
subject: post-digital society
  topic: keywords
subject: Algorithmic Due Process Incident (IDPA)
  topic: keywords
subject: CPC/2015
  topic: disciplines
subject: SNIPER
  topic: disciplines
creator: Simone Gomes Leal
rights: Copyright (c) 2026 Simone Gomes Leal (Autor) https://creativecommons.org/licenses/by/4.0
date: 2026-08-10
publication date: 2026-08-10
starting page: e2026006
ending page: e2026006

https://revista.esaoabsp.com/index.php/esa/en/article/view/209
type: item
title: Third-Party Intervention and the Inclusion of Insurers in Consumer Actions under the Consumer Defense Code, the 2015 Civil Procedure Code and the New Insurance Act: A Historical and Updated Interpretation of STJ Case Law
description: This article analyzes the applicability of third-party intervention for the joinder of insurance companies in consumer lawsuits brought against the insured, criticizing judicial decisions that prohibit such participation based on flawed interpretations of the Superior Court of Justice (STJ) case law. It is argued that the consumer protection prohibition against impleader (denunciação da lide), provided in Article 88 of the Brazilian Consumer Defense Code (CDC), was established to prevent debates regarding fault-based liability among members of the same supply chain, which is alien to the protection requested by the consumer. However, this rationale cannot be transposed indistinctly to insurance contracts, given their distinct legal nature compared to supply chain entities. The landmark STJ precedent (REsp 1.165.279/SP), while expanding the restriction on impleader among suppliers within the consumer chain, expressly exempted the inclusion of insurers pursuant to Article 101, II, of the CDC. Furthermore, under Law No. 15,040/2024 (Private Insurance Law), the participation of insurers in consumer litigation is subject to a specific statutory framework that allows their procedural inclusion without establishing joint and several liability with respect to the original claim. In light of the principle of instrumentality of forms, third-party intervention may occur through call to the process (chamamento ao processo) or impleader (denunciação da lide)—the latter being technically best aligned with the structure of insurance relationships. The article concludes that the only interpretation entirely incompatible with the legal order is the absolute prohibition of any procedural intervention by insurance companies.
subject: Código de Processo Civil – 10 anos: balanços, desafios e perspectivas contemporâneas
  topic: section
subject: Private Law and Consumer Relations
  topic: category
subject: Legal Practice and the Legal Profession
  topic: category
subject: Fundamental Rights and Human Rights
  topic: category
subject: Impleader
  topic: keywords
subject: Insurer
  topic: keywords
subject: Consumer Defense Code
  topic: keywords
subject: Supply chain
  topic: keywords
subject: Distinguishing
  topic: keywords
subject: Fungibility
  topic: keywords
subject: Law No. 15,040/2024
  topic: keywords
subject: Effective judicial protection
  topic: keywords
subject: CPC
  topic: subjects
subject: Humanities and Applied Social Sciences
  topic: disciplines
creator: Murilo Magacho Filho
creator: Flávio de Leão Bastos Pereira
rights: Copyright (c) 2026 Murilo Magacho Filho, Flávio Bastos (Autor) https://creativecommons.org/licenses/by/4.0
date: 2026-08-10
publication date: 2026-08-10
starting page: e2026004
ending page: e2026004

Forms of domestic and family violence against women provided in law 11,340/2006.
type: item
description: The research aims to explain domestic and family violence and detail the five forms provided for in Article 7 of the Maria da Penha Law: physical, psychological, sexual, patrimonial, and moral. It addresses the historical context of Law 11,340/2006, related international treaties, and the cycle of violence — composed of tension, explosion, and "honeymoon" phases — aiming to assist in identifying and breaking abusive relationships. Received: October 2023 | Accepted: December 2023
subject: Articles
  topic: section
subject: Law No. 11,340
  topic: keywords
subject: Violence
  topic: keywords
subject: Woman
  topic: keywords
subject: Criminal Law
  topic: subjects
subject: Women's Rights
  topic: subjects
subject: Applied Social and Human Sciences
  topic: disciplines
creator: Wallas Richerd Trovelli
rights: Copyright (c) 2023 Wallas Richerd Trovelli (Autor) https://creativecommons.org/licenses/by/4.0/
date: 2023-12-06
publication date: 2023-12-06
starting page: 171
ending page: 186

Improvement contribution and The Democratic State of Law.
type: item
description: This descriptive work aims to identify and describe the main theories underlying conflict mediation . It describes Bertalanffy's general systems theory, first and second-order cybernetics, Maturana and Varela's autopoiesis — with brief contributions from Niklas Luhmann's theory — and Edgar Morin's complex thinking. The study addresses the lack of explicit epistemological bases for the institute in official materials. Received: September 2023 | Accepted: December 2023
subject: Articles
  topic: section
subject: Mediation
  topic: keywords
subject: Systemic Theory
  topic: keywords
subject: Autopoiesis
  topic: keywords
subject: Conflict Resolution
  topic: subjects
subject: Legal Psychology
  topic: subjects
subject: Applied Social and Human Sciences
  topic: disciplines
creator: Vinicius Carvalho Carreira
creator: Marianne Ramos Feijó
rights: Copyright (c) 2023 Vinicius Carvalho Carreira, Marianne Ramos Feijó (Autor) https://creativecommons.org/licenses/by/4.0/
date: 2023-12-06
publication date: 2023-12-06
starting page: 162
ending page: 170

The Obligation of States to Observe International Conventions
type: item
description: Studies ADI 7,028/AP and the prevalence of international treaties (Decree No. 6,949/09) over state laws to ensure full inclusive education for persons with disabilities. Received: September 2023 | Accepted: December 2023
subject: Articles
  topic: section
subject: Persons with disabilities
  topic: keywords
subject: Inclusive Education
  topic: keywords
subject: International Treaties
  topic: keywords
subject: Constitutional Law
  topic: subjects
subject: Human Rights
  topic: subjects
subject: Applied Social and Human Sciences
  topic: disciplines
creator: Tiago Augusto Pereira de Oliveira
rights: Copyright (c) 2023 Tiago Augusto Pereira de Oliveira (Autor) https://creativecommons.org/licenses/by/4.0/
date: 2023-12-06
publication date: 2023-12-06
starting page: 153
ending page: 161

The Reflexes of the COVID-19 Pandemic on Family Law
type: item
description: Analyzes the compulsory changes in custody, visitation rights, and alimony caused by social isolation, highlighting the role of jurisprudence in protecting the health of minors. Received: September 2023 | Accepted: December 2023
subject: Articles
  topic: section
subject: Pandemic
  topic: keywords
subject: Family
  topic: keywords
subject: Changes
  topic: keywords
subject: Family Law
  topic: subjects
subject: Civil Law
  topic: subjects
subject: Applied Social and Human Sciences
  topic: disciplines
creator: Thais Fernanda Silva Teodoro
rights: Copyright (c) 2023 Thais Fernanda Silva Teodoro (Autor) https://creativecommons.org/licenses/by/4.0/
date: 2023-12-06
publication date: 2023-12-06
starting page: 146
ending page: 152

Unconstitutionality of Progressive Rates in National Career RPPS
type: item
description: Argues that unequal progressive social security rates between States and the Union for judiciary and teaching professions violate the tax equality of national-level careers. Received: September 2023 | Accepted: December 2023
subject: Articles
  topic: section
subject: Social Security Contributions
  topic: keywords
subject: Progressivity
  topic: keywords
subject: Equality
  topic: keywords
subject: Social Security Law
  topic: subjects
subject: Tax Law
  topic: subjects
subject: Applied Social and Human Sciences
  topic: disciplines
creator: Ramon Leandro Freitas Arnoni
rights: Copyright (c) 2023 Ramon Leandro Freitas Arnoni (Autor) https://creativecommons.org/licenses/by/4.0/
date: 2023-12-06
publication date: 2023-12-06
starting page: 132
ending page: 145

The Civil Non-Prosecution Agreement in the Context of PAD
type: item
description: Explores the feasibility of applying the ANPC, an instrument of the Misconduct Law, to administrative disciplinary proceedings for swift treasury reparation and consensual resolution. Received: September 2023 | Accepted: December 2023
subject: Articles
  topic: section
subject: Civil Non-Prosecution Agreement
  topic: keywords
subject: PAD
  topic: keywords
subject: Acts of Misconduct
  topic: keywords
subject: Administrative Law
  topic: subjects
subject: Administrative Control
  topic: subjects
subject: Applied Social and Human Sciences
  topic: disciplines
creator: Nilo Kazan de Oliveira
creator: Gabriela Silveira
rights: Copyright (c) 2023 Nilo Kazan de Oliveira, Gabriela Silveira (Autor) https://creativecommons.org/licenses/by/4.0/
date: 2023-12-06
publication date: 2023-12-06
starting page: 125
ending page: 131

The "Lifetime Review": A Brief Analysis of Decay and Equality of Rights
type: item
description: Evaluates the STF decision in Theme 1,102 and proposes that the 10-year limitation period should be counted only after the recognition of the right by the Supreme Court, aiming at material equality for the insured. Received: October 2023 | Accepted: December 2023
subject: Articles
  topic: section
subject: Lifetime Review
  topic: keywords
subject: Limitation Period
  topic: keywords
subject: Social Justice
  topic: keywords
subject: Social Security Law
  topic: subjects
subject: Social Rights
  topic: subjects
subject: Applied Social and Human Sciences
  topic: disciplines
creator: Mayara Kodima Cury
rights: Copyright (c) 2023 https://creativecommons.org/licenses/by/4.0/
date: 2023-12-06
publication date: 2023-12-06
starting page: 119
ending page: 124

The Maria da Penha Law and forms of violence against women
type: item
description: Analyzes the protection of women in Law No. 11,340/2006, detailing forms of physical, psychological, sexual, patrimonial, and moral violence as serious human rights violations. Received: September 2023 | Accepted: December 2023
subject: Articles
  topic: section
subject: Maria da Penha Law
  topic: keywords
subject: Gender Violence
  topic: keywords
subject: Women's Rights
  topic: keywords
subject: Criminal Law
  topic: subjects
subject: Human Rights
  topic: subjects
subject: Applied Social and Human Sciences
  topic: disciplines
creator: Marta Buchignani
creator: Taís Marta
rights: Copyright (c) 2023 Marta Buchignani, Taís Marta (Autor) https://creativecommons.org/licenses/by/4.0/
date: 2023-12-06
publication date: 2023-12-06
starting page: 105
ending page: 118

Penitentiary System in Brazil
type: item
description: Discusses the prison crisis, the failure in resocialization mechanisms, and the need to observe the principle of human dignity to reduce criminal recidivism. Received: September 2023 | Accepted: December 2023
subject: Articles
  topic: section
subject: Prison System
  topic: keywords
subject: Inmates
  topic: keywords
subject: Resocialization
  topic: keywords
subject: Criminal Law
  topic: subjects
subject: Human Rights
  topic: subjects
subject: Applied Social and Human Sciences
  topic: disciplines
creator: Mariana Cristina Arnez
rights: Copyright (c) 2023 Mariana Cristina Arnez (Autor) https://creativecommons.org/licenses/by/4.0/
date: 2023-12-06
publication date: 2023-12-06
starting page: 98
ending page: 104

Intrafamilial Child Sexual Abuse: An Intrinsic Problem in our Society
type: item
description: Analyzes sexual abuse committed by family members, the criminal responsibility of guarantors for improper omission, and highlights warning signs for the eradication of this domestic violence. Received: September 2023 | Accepted: December 2023
subject: Articles
  topic: section
subject: Sexual Abuse
  topic: keywords
subject: Family
  topic: keywords
subject: Statutory Rape
  topic: keywords
subject: Criminal Law
  topic: subjects
subject: Child and Adolescent Law
  topic: subjects
subject: Applied Social and Human Sciences
  topic: disciplines
creator: Leandro Galvão
rights: Copyright (c) 2023 Leandro Galvão (Autor) https://creativecommons.org/licenses/by/4.0/
date: 2023-12-06
publication date: 2023-12-06
starting page: 90
ending page: 97

Civic and Political Education as a Tool to Foster Active Participation
type: item
description: Advocates for civic education as a pillar to combat political alienation and strengthen citizenship, presenting research results on the importance of teaching political science in schools. Received: September 2023 | Accepted: December 2023
subject: Articles
  topic: section
subject: Democratic State of Law
  topic: keywords
subject: Active Participation
  topic: keywords
subject: Civic Education
  topic: keywords
subject: Political Science
  topic: subjects
subject: Constitutional Law
  topic: subjects
subject: Applied Social and Human Sciences
  topic: disciplines
creator: Katia Cristina Gonçalves
rights: Copyright (c) 2023 Katia Cristina Gonçalves (Autor) https://creativecommons.org/licenses/by/4.0/
date: 2023-12-06
publication date: 2023-12-06
starting page: 77
ending page: 89

The Provision of IP User Data by ISP and Due Process of Law
type: item
description: Investigates the limits of administrative requests for connection data under the Marco Civil da Internet, highlighting the need for a judicial order for user identification and preservation of secrecy. Received: September 2023 | Accepted: December 2023
subject: Articles
  topic: section
subject: Internet Protocol
  topic: keywords
subject: Personal Data
  topic: keywords
subject: Internet Provider
  topic: keywords
subject: Digital Law
  topic: subjects
subject: Privacy
  topic: subjects
subject: Applied Social and Human Sciences
  topic: disciplines
creator: João Guilherme Oliveira
rights: Copyright (c) 2023 João Guilherme Oliveira (Autor) https://creativecommons.org/licenses/by/4.0/
date: 2023-12-06
publication date: 2023-12-06
starting page: 70
ending page: 76

Copyright of Artificial Intelligence and its Reflexes in Comparative Law
type: item
description: Analyzes the legal challenges of intellectual property regarding autonomous machine creations, examining Brazilian legislation (which requires a natural person author) and international experiences in China, the USA, and Europe. Received: September 2023 | Accepted: December 2023
subject: Articles
  topic: section
subject: Artificial Intelligence
  topic: keywords
subject: Copyright
  topic: keywords
subject: Intellectual Property
  topic: keywords
subject: Civil Law
  topic: subjects
subject: Intellectual Property
  topic: subjects
subject: Applied Social and Human Sciences
  topic: disciplines
creator: Iriana Maira Munhoz Salzedas
rights: Copyright (c) 2023 Iriana Maira Munhoz Salzedas (Autor) https://creativecommons.org/licenses/by/4.0/
date: 2023-12-06
publication date: 2023-12-06
starting page: 60
ending page: 69

Subsistence Agriculture - A Plural Alternative for Sentence Reduction
type: item
description: Proposes the implementation of horticulture in prisons as a means of sentence reduction and resocialization, aiming at reducing public costs and humanizing the prison system through food self-sufficiency. Received: October 2023 | Accepted: December 2023
subject: Articles
  topic: section
subject: Sentence Reduction
  topic: keywords
subject: Subsistence Agriculture
  topic: keywords
subject: Resocialization
  topic: keywords
subject: Criminal Law
  topic: subjects
subject: Prison Execution
  topic: subjects
subject: Applied Social and Human Sciences
  topic: disciplines
creator: Ingrid Adriana Bezerra de Sá
rights: Copyright (c) 2023 Ingrid Adriana Bezerra de Sá (Autor) https://creativecommons.org/licenses/by/4.0/
date: 2023-12-06
publication date: 2023-12-06
starting page: 47
ending page: 59

How is the Tax Base of ITBI Determined in Cases of Property Contribution to Holdings
type: item
description: Examines the controversies regarding the ITBI tax base in the formation of holdings, reconciling the theses of the STF (Theme 796) and STJ (Theme 1,113) on book value versus market value. Received: September 2023 | Accepted: December 2023
subject: Articles
  topic: section
subject: ITBI
  topic: keywords
subject: Capital Contribution
  topic: keywords
subject: Holdings
  topic: keywords
subject: Tax Law
  topic: subjects
subject: Corporate Law
  topic: subjects
subject: Applied Social and Human Sciences
  topic: disciplines
creator: Felipe Gonsales
creator: Júlia Firetti
rights: Copyright (c) 2023 Felipe Gonsales, Júlia Firetti (Autor) https://creativecommons.org/licenses/by/4.0/
date: 2023-12-06
publication date: 2023-12-06
starting page: 35
ending page: 46

Classical School and the Paradigm of Non-Differentiation/ Discernment of Minors in Conflict with the Law
type: item
description: Analyzes the historical evolution of criminology from the perspective of the Classical School, focusing on how children and adolescents were criminally held accountable without distinction from adults until the 19th century. Received: October 2023 | Accepted: December 2023
subject: Articles
  topic: section
subject: Classical School
  topic: keywords
subject: Free Will
  topic: keywords
subject: Social Contract
  topic: keywords
subject: Criminology
  topic: subjects
subject: Legal History
  topic: subjects
subject: Applied Social and Human Sciences
  topic: disciplines
creator: Diego Marques da Silva
rights: Copyright (c) 2023 Diego Marques da Silva (Autor) https://creativecommons.org/licenses/by/4.0/
date: 2023-12-06
publication date: 2023-12-06
starting page: 24
ending page: 34

Fundamental Social Rights and the Judicialization of Public Policies in the Democratic State of Law
type: item
description: Discusses the State's obligation to guarantee social rights and the role of the Judiciary and the lawyer in filling state omissions to ensure human dignity. Received: October 2023 | Accepted: December 2023
subject: Articles
  topic: section
subject: Public Policies
  topic: keywords
subject: Judicialization
  topic: keywords
subject: Fundamental Rights
  topic: keywords
subject: Constitutional Law
  topic: subjects
subject: Public Policies
  topic: subjects
subject: Applied Social and Human Sciences
  topic: disciplines
creator: Denise Carvalho Klaus
rights: Copyright (c) 2023 Denise Carvalho Klaus (Autor) https://creativecommons.org/licenses/by/4.0/
date: 2023-12-06
publication date: 2023-12-06
starting page: 19
ending page: 23

Improvement Contribution and the Democratic State of Law
type: item
description: The article explains the Improvement Contribution in Brazilian Tax Law, addressing concepts, historical evolution, and legal requirements for its collection linked to real estate appreciation from public works. Received: October 2023 | Accepted: December 2023
subject: Articles
  topic: section
subject: Tax Law
  topic: keywords
subject: Democratic State of Law
  topic: keywords
subject: Improvement Contribution
  topic: keywords
subject: Tax Law
  topic: subjects
subject: Public Finance
  topic: subjects
subject: Applied Social and Human Sciences
  topic: disciplines
creator: Bruno Florentino Matos
creator: Letícia Gibelle
rights: Copyright (c) 2023 Bruno Florentino Matos , Letícia Gibelle (Autor) https://creativecommons.org/licenses/by/4.0/
date: 2023-12-06
publication date: 2023-12-06
starting page: 11
ending page: 18

Conflicts between rights: dignity, free will and the right to (dignified) life.
type: item
description: The article analyzes the tension between fundamental rights, focusing on the conflict between the right to life, human dignity, and individual autonomy (free will) in the context of end-of-life decisions. It criticizes state paternalism and proposes an interpretation of the right to life that transcends mere biological existence, advocating for the concept of "dignified life" and the patient's right to self-determination in cases of futile treatments or terminality. Received in: September 2023 | Accepted in: November 2023
subject: Articles
  topic: section
subject: Dignity
  topic: keywords
subject: Free Will
  topic: keywords
subject: Dignified Death
  topic: keywords
subject: Fundamental Rights
  topic: subjects
subject: Biolaw
  topic: subjects
subject: Applied Social and Human Sciences
  topic: disciplines
creator: Rosana Chiavassa
creator: Marcelo Chiavassa Mello Paula Lima
rights: Copyright (c) 2023 Rosana Chiavassa, Marcelo Chiavassa Mello Paula Lima (Autor) https://creativecommons.org/licenses/by/4.0/
date: 2023-12-07
publication date: 2023-12-07
starting page: 162
ending page: 186