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, Revista ESASP is a Diamond Open Access scientific journal with a continuous publication flow. Committed to excellence, academic rigor, and ethical integrity, the journal acts as a vanguard platform in the dissemination of legal knowledge, without charging any article submission or processing charges (APCs). Mission and Scope The mission of the ESASP Journal is to foster contemporary legal and social debate through the publication of highly relevant original research. Our scope focuses on the critical analysis of the legal phenomenon in its multiple dimensions, prioritizing transversal approaches that connect Law to the complex political, economic, and social challenges of today. The journal is dedicated to exploring the intersections between the spheres of Public and Private Law, the innovations brought by international and digital dynamics, and the fundamental issues of Human Rights and Socio-environmental Justice. We thus seek to problematize law comprehensively, encouraging continuous interdisciplinary dialogue with Applied Social Sciences and ensuring a pluralistic and critical perspective. Editorial Policy and Scientific Rigor The journal adopts the Double-Blind Peer Review system, ensuring impartiality and academic quality. Our editorial flow follows the transparency guidelines and best practices in scientific publication ethics recommended by COPE (Committee on Publication Ethics). The journal publishes original articles (empirical or theoretical), academic essays, and critical reviews, serving as a reference space for undergraduate and graduate researchers (Lato and Stricto Sensu). Indexing and Visibility Revista ESASP is included in important national and international directories and databases (such as Google Scholar and Miguilim), reaffirming its commitment to the democratization of knowledge. All content is licensed under the Creative Commons …
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. The license used is Creative Commons Attribution 4.0 International (CC BY 4.0).
items: Conflicts between rights: dignity, free will and the right to (dignified) life.
items: Civil liability in consultancy and legal opinions
items: Reconfiguring paradigms: towards a new anti-discrimination lexicon in the context of civil liability
items: The unconstitutional limitation of compensation for extra-patrimonial damages in labor relations
items: Civil Liability For Extrapatrimonial Damage In Labor Relations: A Brief Analysis Of The Articles Of Title II-A DA CLT
items: Civil Liability of the Real Estate Developer in Informal Real Estate Developments
items: Corporate Civil Liability:
items: For a New Civil Liability in the Digital Environment
items: Non-pecuniary damages: is there a practical and effective way to distinguish them?
items: The old moral damage and the new damages - a necessary debate.
items: Civil liability for sentimental swindling.
items: Affective abandonment in Brazilian jurisprudence and in the 20 years of the Civil Code of 2002.
items: The quantification of moral damages in Brazil
items: Judicialization of the Right to Health
items: The Existential Minimum and the Reserve of the Possible in the face of the Integrality and Universality of the Right to Health in the light of R. Dworkin and J. Rawls
items: Intersectionality and Human Rights
items: Anamnesis of Human Suffering
items: Legal Proceduralization Techniques in Biolaw and Complex Responses to Scientific and Ethical Development in the 21st Century
items: Presentation and Preface: Where Justice and Health Meet.
items: Partition acceleration techniques in the CPC/2015
items: Forced heirs in contemporary Civil Law: expanding testamentary freedom and protecting the vulnerable
items: Controversial issues on the non-restitutability of alimony in Family Law
items: Private pension and the non-communicability of deposited amounts for the purpose of asset division in divorce
items: Affective abandonment and civil liability
items: From civil liability to liability for damages: reasons for changing the understanding of the institute
items: Technological advances in health, conflicts and the role of the medical board
items: Mediation and Franchising
items: Liability for damage arising from violation of the social function of the contract: notes on the STJ decision in Special Appeal 1.295.838/SP
items: Early maturity of the obligation and its influence on the assessment of the starting point of the legal fact of prescription: notes on a judicial decision
items: Impressions on the exercise of private autonomy in the context of contemporary procedural law

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

Civil liability in consultancy and legal opinions
type: item
description: The article analyzes the civil liability of lawyers in the performance of advisory activities, specifically in the preparation of legal opinions and reports . It discusses the balance between the prerogative of professional inviolability, essential for the independence of the legal profession in a Democratic State of Law, and the legal limits that impose liability in cases of intent or inexcusable error . The research is based on current legislation (OAB Statute and Civil Code) and the jurisprudence of Brazilian superior courts to define the criteria for the subjective liability of the liberal professional . Received in: September 2023 | Accepted in: November 2023
subject: Articles
  topic: section
subject: Civil Liability
  topic: keywords
subject: Legal Opinion
  topic: keywords
subject: Professional Inviolability
  topic: keywords
subject: Professional Ethics
  topic: subjects
subject: Civil Law
  topic: subjects
subject: Applied Social and Human Sciences
  topic: disciplines
creator: Rogéria Fagundes Dotti
rights: Copyright (c) 2023 Rogéria Fagundes Dotti (Autor) https://creativecommons.org/licenses/by/4.0/
date: 2023-12-07
publication date: 2023-12-07
starting page: 154
ending page: 161

Reconfiguring paradigms: towards a new anti-discrimination lexicon in the context of civil liability
type: item
description: The article analyzes the need to update the legal lexicon in Brazilian civil liability to adequately address structural racism and intersectional discrimination. It examines how traditional concepts of moral damage and honor often fail to capture the complexity of discriminatory offenses. A paradigmatic reconfiguration is proposed, integrating Anti-discrimination Law and Compliance, aiming for full reparation that considers human dignity from a social and collective perspective, overcoming merely individualistic views of damage. Received in: September 2023 | Accepted in: November 2023
subject: Articles
  topic: section
subject: Anti-discrimination
  topic: keywords
subject: Civil Liability
  topic: keywords
subject: Dignity
  topic: keywords
subject: Anti-discrimination Law
  topic: subjects
subject: Damage Reparation
  topic: subjects
subject: Applied Social and Human Sciences
  topic: disciplines
creator: Luana Pereira da Costa
creator: Fabiano Machado da Rosa
rights: Copyright (c) 2023 Luana Pereira da Costa, Fabiano Machado da Rosa (Autor) https://creativecommons.org/licenses/by/4.0/
date: 2023-12-12
publication date: 2023-12-12
starting page: 144
ending page: 153

The unconstitutional limitation of compensation for extra-patrimonial damages in labor relations
type: item
description: The article aims to describe and analyze the constitutionality of normative innovations imposed on the field of civil liability in labor relations with the 2017 labor reform. From a critical-reconstructive approach in the first stage of the work, we revisit labor law doctrine to recover the premises of social protection of labor and develop how compensation for moral damages is an instrument for promoting human dignity in employment relations. In the second part of the text, we proceed to content analysis of the arguments formulated by the ministers of the Supreme Federal Court in the judgment of Direct Action of Unconstitutionality No. 6,069. As results, we identified that the pricing of extra-patrimonial damages is incompatible with the constitutional order, as it is structured on a notion of equality that annuls the complex and diverse semantic-ontological matrix of human dignity in the paradigm of the Democratic Rule of Law. Received in: September 2023 | Accepted in: November 2023.
subject: Articles
  topic: section
subject: Social Rights Flexibilization
  topic: keywords
subject: Instrumental Function of Moral Damages
  topic: keywords
subject: Labor Reform Unconstitutionality
  topic: keywords
subject: Labor Civil Liability
  topic: subjects
subject: Human Dignity at Work
  topic: subjects
subject: Applied Social and Human Sciences
  topic: disciplines
creator: Rodrigo Portela Gomes
creator: José Paes de Santana
rights: Copyright (c) 2023 Rodrigo Portela Gomes, José Paes de Santana (Autor) https://creativecommons.org/licenses/by/4.0/
date: 2023-12-07
publication date: 2023-12-07
starting page: 131
ending page: 143

Civil Liability For Extrapatrimonial Damage In Labor Relations: A Brief Analysis Of The Articles Of Title II-A DA CLT
type: item
description: This article analyzes civil liability for extrapatrimonial damage in labor relations, focusing on the analysis of the articles of Title II-A of the Consolidation of Labor Laws (CLT), introduced by the Labor Reform. The authors discuss the legal implications of the indemnification pricing, the constitutionality of the imposed limitations, and the subsidiary application of Civil Law, advocating for full reparation of damages suffered by employees and employers. Received: September 2023 | Accepted: November 2023.
subject: Articles
  topic: section
subject: Civil Liability
  topic: keywords
subject: Labor Relations
  topic: keywords
subject: Extrapatrimonial Damage
  topic: keywords
subject: Labor Law
  topic: subjects
subject: Civil Liability
  topic: subjects
subject: Applied Social and Human Sciences
  topic: disciplines
creator: Rodolfo Pamplona Filho
creator: Epifanio Nunes
rights: Copyright (c) 2023 Rodolfo Pamplona Filho, Epifanio Nunes (Autor) https://creativecommons.org/licenses/by/4.0/
date: 2023-12-07
publication date: 2023-12-07
starting page: 108
ending page: 130

Civil Liability of the Real Estate Developer in Informal Real Estate Developments
type: item
description: This article analyzes the figure of the developer in real estate developments and their civil liability, addressing the problem of informal developments. The text explores the legal contours of real estate development, the real right of acquisition, the right of reservation, and the implications of the developer's actions as an unincorporated entrepreneur. It concludes that, in the absence of the registration of the development memorial, the developer's liability becomes personal, full, and joint, highlighting the evidentiary and legal security challenges for buyers and third parties involved. Received: September 2023 | Accepted: November 2023.
subject: Articles
  topic: section
subject: Real estate development
  topic: keywords
subject: Developer
  topic: keywords
subject: Liability
  topic: keywords
subject: Law
  topic: subjects
subject: Civil Liability
  topic: subjects
subject: Applied Social and Human Sciences
  topic: disciplines
creator: Luiz Gustavo Lovato
rights: Copyright (c) 2023 Luiz Gustavo Lovato (Autor) https://creativecommons.org/licenses/by/4.0/
date: 2023-12-07
publication date: 2023-12-07
starting page: 96
ending page: 107

Corporate Civil Liability:
type: item
description: This article analyzes corporate civil liability in the context of the rapid technological and scientific transformations of the contemporary world. Faced with new risks and potential damages generated by these societal advances, the study proposes a critical and in-depth reflection on the role of Law. Specifically, it investigates the insurance contract not only as a risk mitigation mechanism, but fundamentally as an effective instrument for the extrajudicial resolution of conflicts, aiming to maintain peace and social balance in the face of current challenges. Received: September 2023 | Accepted: November 2023.
subject: Articles
  topic: section
subject: Civil Liability
  topic: keywords
subject: Insurance
  topic: keywords
subject: Company
  topic: keywords
subject: Law
  topic: subjects
subject: Insurance
  topic: subjects
subject: Applied Social and Human Sciences
  topic: disciplines
creator: Angélica Carlini
rights: Copyright (c) 2023 Angélica Carlini (Autor) https://creativecommons.org/licenses/by/4.0/
date: 2023-12-07
publication date: 2023-12-07
starting page: 85
ending page: 95

For a New Civil Liability in the Digital Environment
type: item
description: The article discusses the urgent need to reconfigure civil liability in light of the challenges posed by the digital environment. By analyzing the impact of new technologies, algorithms, and social networks on the spread of misinformation (fake news) and the occurrence of digital damages, the authors examine Brazilian legislation and recent concrete cases. The study proposes a profound reflection on the attribution of responsibility to companies that own digital platforms, evaluating the risks inherent to their economic activities, the mitigation of damages, and the role of insurance in the era of the Fourth Industrial Revolution, with the aim of ensuring the protection of fundamental rights and the preservation of the Democratic State. Received in: September 2023 | Accepted in: November 2023.
subject: Articles
  topic: section
subject: Company
  topic: keywords
subject: Civil Liability
  topic: keywords
subject: Risks
  topic: keywords
subject: Civil Liability
  topic: subjects
subject: Digital Environment
  topic: subjects
subject: Applied Social and Human Sciences
  topic: disciplines
creator: Carolina Nobre
creator: Caroline Amadori Cavet
rights: Copyright (c) 2023 https://creativecommons.org/licenses/by/4.0/
date: 2023-12-07
publication date: 2023-12-07
starting page: 74
ending page: 84

Non-pecuniary damages: is there a practical and effective way to distinguish them?
type: item
description: The article analyzes the triple dimension of the human person (physical, psychic, and noetic) to establish criteria for distinguishing between types of non-pecuniary damages in the Brazilian legal system. The author investigates the scope of the concept of moral damage and the autonomy of aesthetic damage and existential damage, the latter subdivided into damage to social life and damage to life projects. Through a civil-constitutional approach, it seeks to demonstrate that the technical differentiation of these categories is essential to guarantee the full reparation of human dignity, avoiding conceptual simplification that hinders the exact understanding of injuries to personal rights. Received: September 2023 | Accepted: November 2023.
subject: Articles
  topic: section
subject: Non-pecuniary Damages
  topic: keywords
subject: Moral Damages
  topic: keywords
subject: Existential Damages
  topic: keywords
subject: Human Dignity
  topic: subjects
subject: Civil Reparation
  topic: subjects
subject: Applied Social and Human Sciences
  topic: disciplines
creator: Marcelo Marques Cabral
rights: Copyright (c) 2023 Marcelo Marques Cabral (Autor) https://creativecommons.org/licenses/by/4.0/
date: 2023-12-07
publication date: 2023-12-07
starting page: 64
ending page: 73

The old moral damage and the new damages - a necessary debate.
type: item
description: The article analyzes the evolution of civil liability, focusing on the distinction between the traditional concept of moral damage and the emergence of so-called "new labels" for non-pecuniary damages. The author discusses the need for greater scientificity and objectivity in quantifying damages, questioning whether importing new categories of damages (such as damage to life projects or loss of useful time) is a methodological convenience or unnecessary fragmentation. It concludes on the importance of preserving the unity of moral damage, avoiding double jeopardy (bis in idem), while recognizing the need for doctrinal modernization in the face of new offenses to human dignity. Received: September 2023 | Accepted: November 2023.
subject: Articles
  topic: section
subject: Moral damages
  topic: keywords
subject: Non-pecuniary damages
  topic: keywords
subject: New damages
  topic: keywords
subject: Civil Liability
  topic: subjects
subject: Comparative Law
  topic: subjects
subject: Applied Social and Human Sciences
  topic: disciplines
creator: Eugênio Facchini Neto
rights: Copyright (c) 2023 Eugênio Facchini Neto (Autor) https://creativecommons.org/licenses/by/4.0/
date: 2023-12-07
publication date: 2023-12-07
starting page: 47
ending page: 63

Civil liability for sentimental swindling.
type: item
description: The article analyzes civil liability in sentimental swindling, characterized by the use of affection to obtain illicit financial advantages, highlighting the growth of this phenomenon on digital platforms and the resulting violation of objective good faith. The author argues that compensation should be based on the theory of abuse of rights and the recognition of moral damages, often considered in re ipsa, aiming to protect the victim's dignity and prevent revictimization in the face of crafty manipulation that transforms feelings into profitable businesses. Received: August 2023 | Accepted: November 2023.
subject: Articles
  topic: section
subject: Sentimental Swindling
  topic: keywords
subject: Civil Liability
  topic: keywords
subject: Affective Relationship
  topic: keywords
subject: Civil Law
  topic: subjects
subject: Family Law
  topic: subjects
subject: Applied Social and Human Sciences
  topic: disciplines
creator: Luciana Fernandes Berlini
rights: Copyright (c) 2023 Luciana Fernandes Berlini (Autor) https://creativecommons.org/licenses/by/4.0/
date: 2023-12-07
publication date: 2023-12-07
starting page: 39
ending page: 46

Affective abandonment in Brazilian jurisprudence and in the 20 years of the Civil Code of 2002.
type: item
description: This article analyzes civil liability for affective abandonment and its application in Brazilian case law during the twenty years of the Civil Code of 2002. Starting from a well-known ruling by the former Court of Appeals of Minas Gerais, the text addresses doctrinal positions, understandings from other State Courts, and the Superior Tribunal of Justice on themes such as the recognition of civil reparation in these cases, the applicable statute of limitations, and the start or term a quo of said period. Received: August 2023 | Accepted: November 2023.
subject: Articles
  topic: section
subject: Civil liability
  topic: keywords
subject: Family Law
  topic: keywords
subject: Affective abandonment
  topic: keywords
subject: Civil Law
  topic: subjects
subject: Brazilian Jurisprudence
  topic: subjects
subject: Applied Social and Human Sciences
  topic: disciplines
creator: Flávio Tartuce
rights: Copyright (c) 2023 Flávio Tartuce (Autor) https://creativecommons.org/licenses/by/4.0/
date: 2023-12-07
publication date: 2023-12-07
starting page: 26
ending page: 38

The quantification of moral damages in Brazil
type: item
description: This study focuses on the quantification of moral damages within the Brazilian legal system. It questions the effects generated by the methods and parameters adopted in Brazilian case law. The general objective is to analyze the history, concepts, and foundations of moral damages. Specifically, the article addresses the criteria for quantifying moral damages, focusing on quantification by arbitration, the model most commonly used in the national legal system. The research is based on criticisms of the subjective nature of judges' decisions. The chosen method is qualitative and exploratory, using a bibliographic collection procedure through a critical-descriptive approach to doctrine, laws, jurisprudence, and articles. It concludes that due to the open parameters applied in quantifying moral damages, judges fail to assess the specificities of each case, leading to criticism and controversy regarding efficiency in moral damage reparation. Received: August 2023 | Accepted: September 2023
subject: Articles
  topic: section
subject: Indemnity
  topic: keywords
subject: Moral Damage
  topic: keywords
subject: Quantification
  topic: keywords
subject: Civil Liability
  topic: subjects
subject: Brazilian Jurisprudence
  topic: subjects
subject: Applied Social and Human Sciences
  topic: disciplines
creator: Eduardo Lemos Barbosa
rights: Copyright (c) 2023 Eduardo Lemos Barbosa (Autor) https://creativecommons.org/licenses/by/4.0/
date: 2023-12-07
publication date: 2023-12-07
starting page: 11
ending page: 25

Judicialization of the Right to Health
type: item
description: This article was produced based on the analysis of recent decisions on the issue of health judicialization, as well as the impact on municipalities and the state of the excessive spending that these convictions imply. Thus, given this scenario, the work at hand aims, directly and concisely, to demonstrate the harmful consequences for the maintenance of a SUS (Unified Health System) for all as a constitutional precept, since these injunctions granted and compliance at any cost generate system inefficiency for the rest of the population. Furthermore, the article envisions a possible solution to be taken, which could reduce the vast majority of convictions against federated entities. Received: September 2023 | Accepted: December 2023
subject: Articles
  topic: section
subject: Health Judicialization
  topic: keywords
subject: Unified Health System
  topic: keywords
subject: Public Policies
  topic: keywords
subject: Law and Health
  topic: subjects
subject: Public Administration
  topic: subjects
subject: Applied Social and Human Sciences
  topic: disciplines
creator: Nilo Kazan de Oliveira
creator: Guilherme Bittencourt Martins
rights: Copyright (c) 2023 Nilo Kazan de Oliveira, Guilherme Bittencourt Martins (Autor)
date: 2023-12-08
publication date: 2023-12-08
starting page: 64
ending page: 74

The Existential Minimum and the Reserve of the Possible in the face of the Integrality and Universality of the Right to Health in the light of R. Dworkin and J. Rawls
type: item
description: This article aims to analyze the phenomenon of the existential minimum and the reserve of the possible in the face of the constitutional guarantee of the fundamental right to public health. Through the analysis of Supreme Court judgments, it sought to enter into the implementation of theories in the Brazilian jurisdiction. The theme is justified by dealing with current topics and concepts of great relevance, such as the judicialization of health and the fulfillment of public policies, under the bias of the theories established by Ronald Dworkin and John Rawls. Received: September 2023 | Accepted: December 2023
subject: Articles
  topic: section
subject: Right to Health
  topic: keywords
subject: Existential Minimum
  topic: keywords
subject: Reserve of the Possible
  topic: keywords
subject: Public Policies
  topic: subjects
subject: Health Judicialization
  topic: subjects
subject: Applied Social and Human Sciences
  topic: disciplines
creator: Ana Carolina Falqueiro de Souza
creator: Thiago Munaro Garcia
rights: Copyright (c) 2023 Ana Carolina Falqueiro de Souza, Thiago Munaro Garcia (Autor) https://creativecommons.org/licenses/by/4.0
date: 2023-12-08
publication date: 2023-12-08
starting page: 54
ending page: 63

Intersectionality and Human Rights
type: item
description: Identifying vulnerable groups is a difficult task; this work proposes the intersectional evaluation method by crossing discriminations that lead to vulnerability such as gender, race, color, sex, religion, and ethnicity, among others. It is also known that minority groups are generally vulnerable, but this hypothesis is not always true. There is much prejudice and choices are affected by discrimination, often veiled, such as microaggressions. It is through human rights education that change can occur for a fairer society. Received: September 2023 | Accepted: December 2023
subject: Articles
  topic: section
subject: Human Rights
  topic: keywords
subject: Vulnerable Groups
  topic: keywords
subject: Intersectionality
  topic: keywords
subject: Social Discrimination
  topic: subjects
subject: Rights Education
  topic: subjects
subject: Applied Social and Human Sciences
  topic: disciplines
creator: Taís Nader Marta
creator: Eduardo Telles Lima Rala
rights: Copyright (c) 2023 Taís Nader Marta, Eduardo Telles Lima Rala (Autor) https://creativecommons.org/licenses/by/4.0
date: 2023-12-08
publication date: 2023-12-08
starting page: 39
ending page: 53

Anamnesis of Human Suffering
type: item
description: The article presents a scientific and humanized look at the communication dilemmas between people undergoing treatment for serious diseases and their caregivers. Through the analysis of statistical data and Law, the author proposes compassionate communication as an essential tool to welcome human suffering and seek new ways for patients to find peace in moments of terminality. Received: September 2023 | Accepted: December 2023
subject: Articles
  topic: section
subject: Palliative Care
  topic: keywords
subject: Compassionate Communication
  topic: keywords
subject: Human Suffering
  topic: keywords
subject: Terminality
  topic: subjects
subject: Bioethics
  topic: subjects
subject: Applied Social and Human Sciences
  topic: disciplines
creator: Ana Claudia Quintana Arantes
rights: Copyright (c) 2023 Ana Claudia Quintana Arantes (Autor) https://creativecommons.org/licenses/by/4.0
date: 2023-12-08
publication date: 2023-12-08
starting page: 32
ending page: 38

Legal Proceduralization Techniques in Biolaw and Complex Responses to Scientific and Ethical Development in the 21st Century
type: item
description: Faced with the insufficiency of positivist legal techniques for legal decision-making and nomogenesis, this article studies the application of judicial proceduralization techniques in bioethical analysis situations. Based on the study of real factual situations, it seeks to demonstrate the importance of basing on fundamental rights and the use of proceduralization techniques to achieve appropriate responses in situations of absence of law, allowing Law to offer solutions to conflicts arising from scientific and technological development. Received: September 2023 | Accepted: December 2023
subject: Articles
  topic: section
subject: Biolaw
  topic: keywords
subject: Proceduralization
  topic: keywords
subject: Bioethics
  topic: keywords
subject: Legal Decision
  topic: subjects
subject: Scientific Development
  topic: subjects
subject: Applied Social and Human Sciences
  topic: disciplines
creator: Henderson Fürst de Oliveira
rights: Copyright (c) 2023 Henderson Fürst de Oliveira (Autor) https://creativecommons.org/licenses/by/4.0
date: 2023-12-08
publication date: 2023-12-08
starting page: 13
ending page: 31

Presentation and Preface: Where Justice and Health Meet.
type: item
description: This text introduces the proceedings of the II Interdisciplinary Regional Congress, held in Bauru by OAB SP in November 2023 . It addresses the event's consolidation as a reference in the dissemination of knowledge in the areas of Constitutional Law, Medical Law, Bioethics, and Biolaw . The document describes the diversity of topics covered, such as palliative care, health judicialization, and the rights of people with rare diseases, highlighting the integration between Law and Health professionals for the future of society .
subject: Editorial
  topic: section
subject: Medical Law
  topic: keywords
subject: Bioethics
  topic: keywords
subject: Interdisciplinarity
  topic: keywords
subject: Law and Health
  topic: subjects
subject: Scientific Congress
  topic: subjects
subject: Applied Social and Human Sciences
  topic: disciplines
creator: Marcia Regina Fernandez Polettini
creator: Eduardo Telles Lima Rala
creator: Taís Nader Marta
rights: Copyright (c) 2023 Marcia Regina Fernandez Polettini, Eduardo Telles Lima Rala, Taís Nader Marta (Autor) https://creativecommons.org/licenses/by/4.0
date: 2023-12-08
publication date: 2023-12-08
starting page: 10
ending page: 12

Partition acceleration techniques in the CPC/2015
type: item
description: The article analyzes the innovations of the 2015 Code of Civil Procedure aimed at overcoming delays in judicial inventory and partition procedures. It addresses mechanisms such as partial partition, partial early judgment on the merits, and evidence-based injunctions, demonstrating how these techniques allow for the immediate enjoyment of uncontroversial shares and provide greater speed and effectiveness to inheritance rights. Received: April 2024 | Accepted: May 2024
subject: Articles
  topic: section
subject: Partition
  topic: keywords
subject: Inventory
  topic: keywords
subject: Procedural Speed
  topic: keywords
subject: Succession Law
  topic: keywords
subject: Inventory and Partition
  topic: subjects
subject: Civil Procedural Law
  topic: subjects
subject: Inheritance
  topic: subjects
subject: Applied Social and Human Sciences
  topic: disciplines
creator: Ricardo Calderón
rights: Copyright (c) 2024 Ricardo Calderón (Autor) https://creativecommons.org/licenses/by/4.0
date: 2024-05-23
publication date: 2024-05-23
starting page: 70
ending page: 78

Forced heirs in contemporary Civil Law: expanding testamentary freedom and protecting the vulnerable
type: item
description: The deconstruction of legal institutes to ascertain whether their utility and social function persist in succeeding times is an important doctrinal activity for the evolution of law. In the case of the forced share (legitima), the foundations that motivated its creation and maintenance in antiquity and the Middle Ages – mainly the family's joint ownership of property – no longer hold in contemporary times, which requires the recognition of the expansion of the private autonomy of the deceased and the freedom of testing, and the forced share should be maintained only for the protection of vulnerable heirs Received: April 2024 | Accepted: May 2024
subject: Articles
  topic: section
subject: Succession law
  topic: keywords
subject: Testamentary freedom
  topic: keywords
subject: Forced heirs
  topic: keywords
subject: Estate Planning
  topic: subjects
subject: Private Autonomy
  topic: subjects
subject: Necessary Heirs
  topic: subjects
subject: Applied Social and Human Sciences
  topic: disciplines
creator: Giselda Maria Novaes Hironaka
rights: Copyright (c) 2024 Giselda Maria Novaes Hironaka (Autor) https://creativecommons.org/licenses/by/4.0
date: 2024-05-23
publication date: 2024-05-23
starting page: 65
ending page: 69

Controversial issues on the non-restitutability of alimony in Family Law
type: item
description: The author, after providing conceptual and nomenclature clarifications regarding alimony and other maintenance funds, addresses controversial issues involving the flexibilization of the non-restitutability of family alimony. It addresses these questions: (1) limited retroactivity of the sentence that reduces or removes alimony; (2) right to "qualified reimbursement" against the true holder of the maintenance duty; (3) right to compensation for additional expenses with pregnancy; (4) right to demand accounts from the other parent regarding alimony paid to the minor child; (5) right of the guardian and managing parent to a pro-labore included in the amount of the pension paid by the other; (6) collision between the unattachability of the family home and the maintenance debt of relatives. Received: April 2024 | Accepted: May 2024
subject: Articles
  topic: section
subject: Alimony
  topic: keywords
subject: Pension
  topic: keywords
subject: Non-restitutability
  topic: keywords
subject: Flexibilization
  topic: keywords
subject: Maintenance Rights
  topic: subjects
subject: Accountability
  topic: subjects
subject: Family Assets
  topic: subjects
subject: Applied Social and Human Sciences
  topic: disciplines
creator: Carlos Elias de Oliveira
rights: Copyright (c) 2024 Carlos Elias de Oliveira (Autor) https://creativecommons.org/licenses/by/4.0
date: 2024-05-23
publication date: 2024-05-23
starting page: 57
ending page: 64

Private pension and the non-communicability of deposited amounts for the purpose of asset division in divorce
type: item
description: This article aims to identify the legal nature of private pension contracts and their plans, as well as to analyze the communicability of deposits for the purpose of asset division in divorce. To this end, it was necessary to study the origin of social security in Brazil and its legal nature, to delve into the classification of the social security contract, differentiating it from the insurance contract, to understand the legal treatment given to open and closed private pension entities, making a further differentiation, this time with financial investment contracts and their plans. And then verify its incidence in civil legislation related to property communion regimes. Received: April 2024 | Accepted: May 2024
subject: Articles
  topic: section
subject: Private pension
  topic: keywords
subject: Property Regime
  topic: keywords
subject: Communion
  topic: keywords
subject: Asset Division
  topic: subjects
subject: Divorce
  topic: subjects
subject: Applied Social and Human Sciences
  topic: disciplines
creator: Débora Brandão
rights: Copyright (c) 2024 Débora Brandão (Autor) https://creativecommons.org/licenses/by/4.0
date: 2024-05-23
publication date: 2024-05-23
starting page: 51
ending page: 56

Affective abandonment and civil liability
type: item
description: The article analyzes affective abandonment from the perspective of civil liability in Brazilian Law. The author differentiates affection (a faculty) from care (a legal duty), arguing that compensation does not stem from the absence of love, but from the breach of the duty of assistance, coexistence, and support for children. The text covers doctrinal and jurisprudential evolution, highlighting the punitive and pedagogical function of financial reparation in the face of the violation of the personality rights of children and adolescents. Recebido em: Março de 2024 | Aceito em: Maio de 2024
subject: Articles
  topic: section
subject: Affective Abandonment
  topic: keywords
subject: Civil Liability
  topic: keywords
subject: Duty of Care
  topic: keywords
subject: Parenthood
  topic: keywords
subject: Family Law
  topic: subjects
subject: Moral Damages in Family Relations
  topic: subjects
subject: Applied Social and Human Sciences
  topic: disciplines
creator: Cláudia Stein Vieira
rights: Copyright (c) 2024 Cláudia Stein Vieira (Autor) https://creativecommons.org/licenses/by/4.0
date: 2024-05-23
publication date: 2024-05-23
starting page: 45
ending page: 50

From civil liability to liability for damages: reasons for changing the understanding of the institute
type: item
description: The article proposes a paradigmatic shift in the understanding of the civil liability institute in Brazil. The author argues that the classic expression "civil liability" is insufficient to cover the complexity of contemporary relations, suggesting the adoption of the term "liability for damages". The analysis focuses on the centrality of the victim and full reparation, going through the functionalization of the institute in light of human dignity and fundamental rights, overcoming a merely sanctioning or patrimonialist view. Received: April 2024 | Accepted: May 2024
subject: Articles
  topic: section
subject: Civil Liability
  topic: keywords
subject: Liability for Damages
  topic: keywords
subject: Contemporary Civil Law
  topic: keywords
subject: General Theory of Civil Liability
  topic: subjects
subject: Damages and Reparation
  topic: subjects
subject: Applied Social and Human Sciences
  topic: disciplines
creator: Pablo Malheiros Cunha Frota
rights: Copyright (c) 2024 Pablo Malheiros Cunha Frota (Autor) https://creativecommons.org/licenses/by/4.0
date: 2024-05-23
publication date: 2024-05-23
starting page: 36
ending page: 44

Technological advances in health, conflicts and the role of the medical board
type: item
description: The article discusses the impact of technological innovations in supplementary health and the emergence of conflicts between the attending physician's prescription and the health plans' auditing. The author proposes the use of a medical board as a technical and efficient mediation mechanism, capable of providing a reasoned third opinion, aiming to reduce litigation and ensure a balance between the right to treatment and the viability of the health system. Received: March 2024 | Accepted: May 2024
subject: Articles
  topic: section
subject: Mediation
  topic: keywords
subject: Medical Board
  topic: keywords
subject: Technological Conflicts
  topic: keywords
subject: Supplementary Health
  topic: keywords
subject: Right to Health
  topic: subjects
subject: Conflict Mediation
  topic: subjects
subject: Medical Technology
  topic: subjects
subject: Applied Social and Human Sciences
  topic: disciplines
creator: Angélica Carlini
rights: Copyright (c) 2024 Angélica Carlini (Autor) https://creativecommons.org/licenses/by/4.0
date: 2024-05-23
publication date: 2024-05-23
starting page: 32
ending page: 35

Mediation and Franchising
type: item
description: The article examines the application of mediation as an appropriate means for conflict resolution in the franchising system. The author highlights the importance of preserving the collaborative relationship between franchisor and franchisee, analyzing the advantages of the consensual route compared to the slowness and strain of the Judiciary. The text addresses the Brazilian legislative landscape, the nature of franchise contracts, and how mediation can act in managing controversies to maintain business viability. Received: March 2024 | Accepted: May 2024
subject: Articles
  topic: section
subject: Mediation
  topic: keywords
subject: Franchising
  topic: keywords
subject: Negotiation
  topic: keywords
subject: Conflict Resolution
  topic: keywords
subject: Consensual Conflict Resolution Methods
  topic: subjects
subject: Business Law
  topic: subjects
subject: Applied Social and Human Sciences
  topic: disciplines
creator: Fernanda Tartuce
rights: Copyright (c) 2024 Fernanda Tartuce (Autor) https://creativecommons.org/licenses/by/4.0
date: 2024-05-23
publication date: 2024-05-23
starting page: 25
ending page: 32

Liability for damage arising from violation of the social function of the contract: notes on the STJ decision in Special Appeal 1.295.838/SP
type: item
description: The text analyzes the Superior Court of Justice's ruling in REsp 1.295.838/SP, which deals with the social function of the contract and the civil liability of third parties (external effectiveness). Through a literature review and decision analysis methodology, the author examines the construction of the contemporary meaning of Art. 421 of the Civil Code, pointing out positive and negative aspects of the judgment. It proposes paths for exploring the rule from the perspective of legal certainty and normative coherence. Received: April 2024 | Accepted: May 2024
subject: Articles
  topic: section
subject: Social function of the contract
  topic: keywords
subject: Liability for Damages
  topic: keywords
subject: Contemporary Civil Law
  topic: keywords
subject: External Effectiveness of Contracts
  topic: subjects
subject: STJ Case Law
  topic: subjects
subject: Applied Social and Human Sciences
  topic: disciplines
creator: André Luiz Arnt Ramos
rights: Copyright (c) 2024 André Luiz Arnt Ramos (Autor) https://creativecommons.org/licenses/by/4.0
date: 2024-05-23
publication date: 2024-05-23
starting page: 20
ending page: 24

Early maturity of the obligation and its influence on the assessment of the starting point of the legal fact of prescription: notes on a judicial decision
type: item
description: The article analyzes the impact of the early maturity of contractual obligations on the calculation of the prescription period. The author discusses whether the power to accelerate maturity, common in deferred execution contracts, changes the dies a quo of the prescription or if it remains linked to the originally agreed term. Based on a judicial decision, the text explores theories on creditor inertia and the claim, contrasting classic and contemporary Civil Law views on legal certainty and objective good faith. Received: April 2024 | Accepted: May 2024
subject: Articles
  topic: section
subject: Prescription
  topic: keywords
subject: Early Maturity
  topic: keywords
subject: Contractual Obligations
  topic: keywords
subject: Civil Law
  topic: keywords
subject: Extinction of Obligations
  topic: subjects
subject: Breach of Contract
  topic: subjects
subject: Applied Social and Human Sciences
  topic: disciplines
creator: Marcos Catalan
rights: Copyright (c) 2024 Marcos Catalan (Autor) https://creativecommons.org/licenses/by/4.0
date: 2024-05-23
publication date: 2024-05-23
starting page: 16
ending page: 19

Impressions on the exercise of private autonomy in the context of contemporary procedural law
type: item
description: The article analyzes the extent and limits of private autonomy in relation to public policy rules within the Brazilian legal system, focusing on the innovations of the 2015 Code of Civil Procedure. The author discusses the possibility of parties entering into procedural legal transactions, questioning whether the freedom of financial settlement would allow for the exclusion of repetitive appeals or the adoption of non-state rules in proceedings under state jurisdiction. The text retrieves the classic doctrine of Clovis Beviláqua regarding the limits of judicial discretion and the judge's "free scientific investigation," contrasting it with the rigidity of contemporary precedents. Received: April 2024 | Accepted: May 2024
subject: Articles
  topic: section
subject: Private autonomy
  topic: keywords
subject: Legal transaction
  topic: keywords
subject: State jurisdiction
  topic: keywords
subject: Procedural Legal Transaction
  topic: subjects
subject: Limits of Autonomy
  topic: subjects
subject: Applied Social and Human Sciences
  topic: disciplines
creator: Rosa Maria Andrade Nery
rights: Copyright (c) 2024 Rosa Maria Andrade Nery (Autor) https://creativecommons.org/licenses/by/4.0
date: 2024-05-23
publication date: 2024-05-23
starting page: 14
ending page: 15