Lex Humana (ISSN 2175-0947) https://seer.ucp.br/seer/index.php/LexHumana <p>Lex Humana (ISSN 2175-0947) was founded in 2009 by faculty members of the UCP Center for Legal Sciences to publish articles resulting from research and investigations in the area of social sciences with a predominant focus on law. Since 2012, it is linked to the Postgraduate Program in Law (PPGD) of the Catholic University of Petrópolis. </p> <p>From 2009 to 2022, it published its annual issues semiannually. From 2023 on, it will publish quarterly issues.</p> <div>According to the official result of CAPES's Qualis Periodicals 2017-2020, Lex Humana received a B1 grade, achieving its best grade since its inception in 2009.</div> <p>Lex Humana is indexed in several international databases. See the complete list <a href="https://seer.ucp.br/seer/index.php/LexHumana/indexation" target="_blank" rel="noopener">on the journal indexation page.</a></p> en-US sergio.salles@ucp.br (Sergio Salles) lexhumana@ucp.br (Paulo Cerqueira) Mon, 07 Jul 2025 13:53:28 +0000 OJS 3.3.0.6 http://blogs.law.harvard.edu/tech/rss 60 WHO FEEDS THE MOST https://seer.ucp.br/seer/index.php/LexHumana/article/view/3228 <p>Between 2019 and 2021, 37% of the Argentinian population and 28.9% of the Brazilian population were in a situation of severe or moderate food and nutritional insecurity. In light of this data, the hypothesis was raised that Brazil's rules for realizing the Human Right to Adequate Food (HRAF) were more beneficial than Argentina's. In order to prove this hypothesis, using a comparative, descriptive, documentary and telematic methodology, this study aimed to compare Argentine law 25.724/2002, which established the National Nutrition and Food Program, and Brazilian law 11. 346/2006, which created the National Food and Nutritional Security System, according to the following criteria: a) the history of the legislative procedure; b) the holders and beneficiaries of the measures to implement the DHAA provided for in the legislation; c) the definition of institutes and concepts relating to the DHAA provided for in the law and d) the models for distributing attributions between the federal entities. Once the comparison was made, the initial hypothesis was rejected.</p> João Marcel Evaristo Guerra Copyright (c) 2025 Lex Humana (ISSN 2175-0947) https://creativecommons.org/licenses/by-nc-nd/4.0 https://seer.ucp.br/seer/index.php/LexHumana/article/view/3228 Mon, 07 Jul 2025 00:00:00 +0000 THE INVISIBLE THAT HAS BECOME VISIBLE https://seer.ucp.br/seer/index.php/LexHumana/article/view/3302 <p>This article want to invite the reader to a digression between the topics that make up the text, in order to think about them, debate them and use them as a starting point to deepen the knowledge and to seek information about the practices of workplace bullying, within intitutions (public or private), proposing na adaptation of this topic to the Theory of Autopoietic Social Systems, by Niklas Luhmann. The objective is to demonstrate moral harassment, including in the legal and social systems, as a circumstance that began to be observed with greater attention after social phenomena that exposed it, bringing it to the agenda of Society. The methodology applied to elaborate this work was the exploratory, with a qualitative approach and the bibliographical research technique. The themes of labor relations, moral harassment, the visibility that the issue has, of access to justice and the inclusion of the victim in the legal system are punctuated, covering aspects of management and analysis of guaranteed rights and ethical principles.</p> Cristiane Martins Malonn, Diógenes Vicente Hassan Ribeiro Copyright (c) 2025 Lex Humana (ISSN 2175-0947) https://creativecommons.org/licenses/by-nc-nd/4.0 https://seer.ucp.br/seer/index.php/LexHumana/article/view/3302 Mon, 07 Jul 2025 00:00:00 +0000 THE PROTECTION OF COPYRIGHT PERSONALITY THROUGH NFT REGISTRATION ON BLOCKCHAIN https://seer.ucp.br/seer/index.php/LexHumana/article/view/3342 <p>This research discusses the author's rights in perspective with technological advances, and demonstrate how registering NFTs on the blockchain network can be beneficial to the author? The working hypothesis is that this registration enables better management of digital works, ensuring greater protection for the author. To analyze the theme, the article is divided into two sections, the first of which explains NFT technology and blockchain networks, and the second section specifically addresses copyright, author's personality rights, the creation of works digital, and in the end both themes are related. It uses the hypothetical-deductive approach method and as an investigation technique a non-systematized national and foreign bibliographic review of articles, books, physical and electronic, available in the Google Scholar, Scielo and Ebsco databases.</p> Ana Elisa Silva Fernandes Vieira Copyright (c) 2025 Lex Humana (ISSN 2175-0947) https://creativecommons.org/licenses/by-nc-nd/4.0 https://seer.ucp.br/seer/index.php/LexHumana/article/view/3342 Mon, 07 Jul 2025 00:00:00 +0000 FUNCTIONALISM AND THE PRINCIPLE OF PROPORTIONALITY https://seer.ucp.br/seer/index.php/LexHumana/article/view/3376 <p>This research analyzes the compatibility of including the expression "political reasons" in the legal definition of terrorism, as well as a hypothetical typification of the acts that took place in Brazil on January 8th. Considering the proposed legislative change and, in this sense, a methodological discussion on the limits of the legislator and the judge, the work presents a rational way to conclude on the possibility of including the questioned expression and on possible problems related to tipicity. The literature review takes as its theoretical reference the teleological-rational functionalism developed by Claus Roxin. The research points out that the inclusion of political reasons in the criminal type that defines terrorism does not violate or even constitute a risk to the right to demonstrate, considering that the questioned legislative inclusion takes place in the legal system of a democratic state. The conclusion on the possibility of legislative inclusion and for coherent judicial reasoning is based on the principle of proportionality, which is in line with established criminal politics values, proving to be an effective instrument for the development of basic and guiding standards for legislative and judicial activity.</p> Simone Figueiredo, Leonardo Henrique Gonçalves Siqueira Copyright (c) 2025 Lex Humana (ISSN 2175-0947) https://creativecommons.org/licenses/by-nc-nd/4.0 https://seer.ucp.br/seer/index.php/LexHumana/article/view/3376 Mon, 07 Jul 2025 00:00:00 +0000 LEADERSHIP AND ORGANIZATIONAL CLIMATE AS A PILLAR OF THE PSYCHOLOGICAL CONTRACT https://seer.ucp.br/seer/index.php/LexHumana/article/view/3226 <p>The aim of this article is to show how leadership and the organizational climate that comes from it can influence the maintenance or violation of the Psychological Contract. It is often thought that the violation of the Psychological Contract is something negative and also brings negative factors to organizations, sometimes hindering the achievement of their objectives. However, this isn't always the case, as the contract has an inherent subjectivity that doesn't make it possible to clarify whether the violation is something intrinsically bad or good. As far as the structure of the article is concerned, it is divided into four main sections that depend on each other. The first defines the concept of leadership; another defines the concept of organizational climate; a third refers to the definition of the Psychological Contract; finally, a fourth section relays the key concepts of the article and refers to a differentiated view, questioning whether there really is a need for a Psychological Contract and whether the negative violation of this contract is necessarily bad for the organization.</p> Bárbara Maria Amaral Carmelo, Pedro Miguel Alves Ribeiro Correia Copyright (c) 2025 Lex Humana (ISSN 2175-0947) https://creativecommons.org/licenses/by-nc-nd/4.0 https://seer.ucp.br/seer/index.php/LexHumana/article/view/3226 Thu, 10 Jul 2025 00:00:00 +0000