Lex Humana (ISSN 2175-0947)

THE SOPHISTICATION OF CONTROL AND POWER MECHANISMS IN SOCIETY, AND THE IMPACTS ON PERSONALITY RIGHTS

Ana Elisa Silva Fernandes Vieira — 2024-11-30

The article addresses the evolution of control mechanisms and personality rights in contemporary times. The research problem can be summarized in this question: what are the impacts of the evolution and sophistication of control and power mechanisms exercised in technological society on personality rights? As a methodological path for developing the research, it uses the deductive approach method, as the study starts from general topics and subjects to reach specific conclusions in the field of the effectiveness of personality rights. The research does not intend to exhaust the subject, but rather attempts to bring together studies on control exercised in society with the field of personality rights, in order to contribute theoretically to the advancement of knowledge in the field of the effectiveness of these rights. It concludes that the sophistication of control and power mechanisms in technological society negatively impacts personality rights.

THE ADEQUACY OF THE CHATGPT TO THE REQUIREMENTS OF THE GENERAL DATA PROTECTION LAW

Enzo Baggio Losso — 2024-11-30

This article analyzes the adequacies that have been made or must be made in ChatGPT against the principles and fundamentals of the Brazilian General Personal Data Protection Law (LGPD). The Generative AI ChatGPT is growing exponentially in numbers of users. However, the excessive data collection by the chatbot raises concerns regarding the consent and due treatment of its user’s data. Through a deductive methodology, a documental bibliographic research was conducted on the subject, discussing if the Privacy Policy of OpenAI, ChatGPT’s developer, is adequate with the Brazilian data protection law. In addition, analysis were carried out regarding the responsibility of the controller in a violation of the LGPD, as well as regarding the provisional blocking and suspension of chatbots due to the violation of their data protection legislations. Finally, the article identified aspects that already has the right adequacy to the LGPD by ChatGPT like the user’s rights with their data treatment, as well as solutions that could improve its adequacy to the LGPD.

HUMAN RIGHTS IN THE LIGHT OF CLASSICAL LEGAL REALISM

Daniel Nunes Pêcego — 2024-11-30

The purpose of this article is to present a narrative about the conception of Human Rights within the Classical Natural Law tradition in the 20th century and the transformations that this conception has undergone. It begins with Maritain's conception, his limited optimism, his categorization of absolutely inalienable and substantially inalienable rights and the distinction between possession and exercise; it goes on to Michel Villey's total denial of Human Rights, and ends with John Finnis' mitigated conception, which recognizes at least one right capable of claiming for itself the status of absolute: the immunization of the human being against torture. It concludes with a consideration of the dangers arising from a lack of care with the most accurate conceptualization of human rights.

THE NEED TO OVERCOME THE VESTIGES OF THE “ENEMY'S CRIMINAL LAW” IN THE BRAZILIAN LEGAL SYSTEM

Gabriela Faria Mendes da Costa Martins — 2024-11-30

This article aims to contextualize the Enemy's Criminal Law, a Criminal Policy Movement developed by Gunther Jakobs, and outline historical examples of the application of this Movement both in the global order and in Brazil, demonstrating the remaining traces in the Brazilian legal system. With this, the research aims to demonstrate why the Enemy's Criminal Law does not find a home in a Democratic State of Law, and must be rejected so that a greater approximation of the rule of law and a move away from the police state can be achieved. Finally, it is proposed the need to eliminate the stalemates that still persist both as premises and as results of the actions of the Criminal Justice System.if the original article is in Portuguese. Maximum word limit 250 words.

THE EVOLVING FRAMEWORK OF GOVERNANCE MODELS IN THE JUSTICE SECTOR

Lucília Anjos — 2024-11-30

The area of justice has transformed over time, and it is important to highlight the changes that have occurred through the applied governance models, from more centralized to more decentralized and participatory approaches. This article aims to analyze the different governance models and the reforms that have taken place in the judicial sector, fostering reflection and debate. Methodologically, a literature review was conducted based on scientific articles and books. The Governance model is the dominant one, promoting transparency, citizen participation and accountability, with significant reforms such as the territorial issue of courts, the “Justiça + Próxima” program and alternative dispute resolution. Future research that opts for a comparative analysis with experiences from different countries may be advantageous in developing practices used in Portugal.

BUILDING A ROBUST JUDICIARY

Maria Beatriz Sousa — 2024-11-30

This article presents a comprehensive analysis of the ongoing challenges face in Portuguese justice system. Over the past two decades, the Portuguese justice system has witnessed a series of significant reforms, each aimed at addressing the evolving needs of society, improving efficiency, and enhancing accessibility. This article pretends to provide valuable insights into the impact of justice reforms, its challenges, and the path forward. Methodologically, in order to fulfill our objectives a mixed analysis was used. Firstly, we analyzed the reforms implemented by the Portuguese government from 2002 to 2022. Posteriorly, we used descriptive statistics to assess if those reforms had a significant and desirable impact on the court’s performance indicators. The results led to the conclusion that the Portuguese reform process is marked by twists and turns caused by the lack of coherent planning. Performance indicators have evolved in a more fruitful direction; however, they have not yet reached the desirable values, and many reforms have not been able to fulfil their expectations.

THE REFUGEE CAMP

Flavia Castro — 2024-11-30

European governments' approach to migratory flows legitimizes "spaces of exception," where the legal order is suspended, and sovereign power has an impact on human lives. This article examines these spaces from a critical standpoint. Reflecting on two aspects of the same process is critical: first, the state's attempt to reduce the refugee to biological life, which manifests as violence against bodies as a tool of regulation and power; and second, the refugee's agency, which is sometimes manifested through his own body, and the emergence of politics in these spaces. The guiding question is: How does the relationship between violence and resistance in the camps play out? State violence finds resistance movements in these spaces—it is not only the bodies that are victims of state violence, but also the power of agency of these subjects, the escape from the place of victim to the space of political resistance in which it seeks to break with the idea of "bare life."

VIETNAMESE LAW ON SANCTIONS FOR VIOLATIONS OF DELIVERY OBLIGATIONS CAUSING DAMAGE TO BUSINESS PROFITS OF ENTERPRISES

Luong Khai An — 2024-12-17

The article studies and clarifies the loss of profits intentionally caused by enterprises violating the delivery obligation in the contract relationship of goods purchase and sale. The purpose of this violation is to benefit from price fluctuations in the market. The research in the article also determines the level of loss according to the market value and applies the provisions of the Commercial Law of Vietnam on the purchase and sale of goods and related regulations, sanctions for enterprises intentionally causing losses to partner enterprises in the form of full compensation for losses, remedying the consequences.