Lex Humana (ISSN 2175-0947)

THE REASONED FREE CONVICTION

2025-07-23T17:44:48+00:00

The free assessment of the evidence is made possible by two constituens: assessment according to the rules of experience; and competent authority’s free conviction. A task concerning references to the systems of toy trucks proof (or surprise evidence) and free proof, each of which swerves from its origin and endorsed with its elements of content, value and binding force, whether anticipated or produced at the time of the trial. However, free conviction implies the nature and content of the free conviction of the evidence. The limits to the assessment of evidence consider conviction or acquittal.

THE ROLE OF THE CITIZEN AS AMICUS CURIAE IN CONCENTRATED CONSTITUTIONAL REVIEW

2025-12-16T13:13:23+00:00

This paper presents a qualitative empirical study grounded in a case study methodology, examining the participation of ordinary citizens as amicus curiae in the jurisprudence of the Brazilian Federal Supreme Court (Supremo Tribunal Federal – STF). The findings indicate that the Court’s recurrent denial of such participation evidences a structural resistance to perspectives that seek to enhance democratic deliberation within constitutional jurisdiction. Moreover, the selective admission of individual petitioners through the amicus curiae mechanism reveals a discretionary practice that favors particular voices while excluding others. This dynamic contradicts prevailing institutional arguments that broader citizen participation constitutes a procedural obstacle or a threat to the reasonable duration of proceedings in abstract judicial review. In light of these findings, the article discusses the normative and institutional implications of expanding the role of the citizen in constitutional deliberation and explores the potential contributions of popular participation to the legitimacy and deliberative quality of judicial review.

THE ARCHITECTURE OF CHURNING

2025-12-31T16:52:52+00:00

This article aims to establish a relationship between the hierarchical structure of an organization and churning. Based on the principle that churning has several causes, this study focuses on psychological factors, particularly burnout, as a potential cause for voluntary employee turnover. It seeks to highlight the insufficient application of organizational policies capable of retaining employees and to present practices that can mitigate both burnout and churning in hierarchical organizational structures. Finally, the limitations in the preparation of this article are discussed, and directions for improvements by future researchers are proposed.

CHALLENGES OF PROFIT TAXATION IN THE DIGITAL ENVIRONMENT

2026-02-04T00:26:53+00:00

The aim of this study is to analyze the current tax doctrine in the digital economy, considering the OECD solutions. The study analyzes the relationship between digital and tax law, the impacts of the OECD proposals on the country's taxation and the taxation of bookmakers in Brazil as an example. To investigate the hypothesis, the deductive method was used, analyzing studies and official documents on the taxation of digital profits, whose OECD proposals seek a fairer and more efficient system. In Brazil, implementing these recommendations will require changes to the tax system. These reforms, if successful, will create a fairer environment for the taxation of digital companies, increasing tax justice and global competitiveness.

BETWEEN CRISIS AND OPPORTUNITY: BRAZILIAN EMIGRATION TO PORTUGAL IN LIGHT OF INTERNATIONAL HUMAN RIGHTS LAW

2026-04-03T21:29:44+00:00

This article investigates the extent to which economic and political instability in Brazil influences the emigration of Brazilians to Portugal in the 21st century. It is based on the hypothesis that such factors act as determinants in migration decisions, in interaction with favorable conditions in the destination country. The study adopts a mixed-methods approach, combining the analysis of official statistical data on migration flows between 2011 and 2021 with a review of national and international literature. The sources include data from official Brazilian and Portuguese institutions, specialized literature, and relevant normative documents, as well as jurisprudential parameters established by the Inter-American Court of Human Rights and the European Court of Human Rights, particularly regarding the protection of migrants and the prohibition of discrimination. It concludes that Brazilian emigration to Portugal is multifactorial, resulting from the interaction of economic, political, historical, and legal factors, and should be understood considering international human rights protection regimes.