Lex Humana (ISSN 2175-0947)

CONSTITUTIONALISM, DEMOCRACY, AND YOUTH

Jose Adercio Leite Sampaio — 2025-10-31

In recent decades, support for authoritarian ideals and leaders among young people has been growing globally, challenging constitutionalism and the rule of law. This article examines the reasons behind this trend, highlighting factors such as disillusionment with the functioning of democracy, economic inequality, cultural changes, and the impact of social media. Based on documented studies, the analysis points out how skepticism towards democracy has led young people to seek authoritarian alternatives, driven by a combination of insecurity and dissatisfaction. The research also explores possible paths to restore trust in democratic institutions, emphasizing the need for reforms that connect youth to democratic values.

CROSS-BORDER WORKERS IN BRAZIL

Mateus Penha Ribeiro da Silveira — 2025-10-31

Considering the challenges faced by frontier workers in their commuting — characterized by violations of human and social rights, especially regarding safety, health, and hygiene at work — this article intends to analyze the existing legal protection and the application of the United Nations Guiding Principles on Business and Human Rights in the formulation of public policies aimed at this population. The research problem that guides this study is the persistent gap between the legal guarantees formally extended to cross-border workers and the practical violations of their rights in border regions, which raises the question of the sufficiency of current normative and institutional frameworks to ensure their protection. The research, employing a qualitative approach and descriptive nature, is based on bibliographic and documentary sources, including the analysis of scientific articles, periodicals, and legal doctrines, as well as the interpretation of social phenomena in the border context. The results indicate that factors such as low population density and precarious infrastructure hinder access to fundamental rights, requiring the implementation of permanent public policies. Although instruments such as the CLT, migration law, and international agreements offer a minimum level of protection, the need for public policies aligned with the UN Principles to ensure decent work and sustainable economic growth (SDG 8) in border regions is reinforced.(ODS 8) nas regiões de fronteira.

THE FINE PENALTY NATURE AND ITS APPLICABILITY TO LEGAL PERSONS AND SIMILAR ENTITIES

Manuel Lopes — 2025-10-31

The crisis of the penal system and the autonomy of the patrimony reinforced the penalty of fine. The corporation was strengthened as a concrete functional organization of capital and work. Core generator of criminal charge capable of action and guilt, objectionable behaviour, and offensive protected harm principle or social danger. Punishable with reference to the penalty of imprisonment and with uniformity of the days of fine in the type.

The penalty of fine returned genuine criminal penalty related to ethical-normative devaluation, aided by binomial reference/uniformity, by the constitutive of distinction of the penalty of fine and disclosure of two aspects: extrinsic and intrinsic. Applicable to legal entities for impossibility of detention per rerum natura, legal prohibition without reversal for non-compliance.

Keywords: corporation; nature of the fine penalty; limits; equalization; referibility.

THE RIGHT TO WATER IN THE INTER-AMERICAN COURT OF HUMAN RIGHTS

Ilana Mara Borges Barreto dos Santos — 2025-10-31

This article analyzed the legal grounds used by the Inter-American Court of Human Rights (IACHR) to recognize water as a common good, focusing on the case Indigenous Communities Members of the Association Lhaka Honhat (Nuestra Tierra) vs. Argentina. The main objective was to understand how the right to water is consolidated within the international human rights protection system and to discuss its implications for the protection of vulnerable populations. The research employed a qualitative approach, guided by the deductive method and using a case study as the investigation technique. The results indicated that the Lhaka Honhat case represents a milestone in expanding the interpretation of human rights within the inter-American system, recognizing for the first time, autonomously, the rights to a healthy environment, adequate food, water, and cultural identity. However, it also revealed practical challenges, such as the need to comply with international standards regarding population relocation and the difficulty in implementing measures that ensure the effectiveness of these decisions. It concludes that consolidating the right to water as a common good requires greater articulation between international law and national systems, as well as advancements in the formulation of public policies aimed at protecting traditional communities.

A CRITICAL LOOK AT THE THEME OF PARENTAL ALIENATION

Lindamar Alves Faermann — 2025-10-31

This article weaves problematizations around the debate on parental alienation, bringing reflections from the Federal Councils of Social Service and Psychology on the subject, in addition to pointing out authors against and in favor of the Parental Alienation law in Brazil. This is a complex subject that needs to be revisited, since, in the name of protecting children and adolescents, this law can be used to interrupt investigations into real violence involving children of separated parents, under the pretext of the occurrence of the phenomenon, in addition to being used with a sexist focus when crossed by gender repercussions. In this context, it must be considered that family relationships cannot be pathologized or dissociated in the broader social dynamics in which they are inserted. For the construction of this article, we focus on bibliographic and documentary studies that deal with the theme with a qualitative approach.

ACCESS TO JUSTICE AND TECHNOLOGY

Laís Monique Ruthes — 2025-10-31

The purpose of this paper is to discuss whether the new technologies applied to legal proceedings as mechanisms to ensure access to justice have, in fact, served as facilitating tools—particularly within the Brazilian social context, which is marked by inequality and vulnerability. This research adopts a deductive approach through exploratory bibliographic research, drawing on theoretical aspects related to digital vulnerability in order to later analyze them in contrast with the implementation of technological tools currently used to perform procedural acts throughout legal proceedings. Such technologies have been addressed positively in legal literature, primarily on the grounds that they promote efficiency, cost reduction, sustainability, promptness, and access to justice. As a result, it is concluded that the use of technological means throughout legal proceedings, in their current form, acts as a factor that amplifies vulnerability and often hinders access to justice, thereby violating constitutional procedural principles—especially the principle of inalienability of jurisdiction. Furthermore, this highlights the need for specific legislation on the subject, which should not be grounded in neoliberal discourse, but rather based on constitutional norms and principles inherent to due process. This legislation must also avoid being modeled on foreign methods, as the socio-political and economic realities of Brazil must be taken into account in order to appropriately implement procedural instruments that ensure fair and effective legal protection.

ON COMMON GOOD, VIRTUE AND THE MARXIST UTOPIA

Gianfranco Longo — 2025-11-01

This paper proposes a philosophical-theological reflection on the concepts of virtue and the common good in contrast with the disintegrating effects of the Marxist utopia in modern society. It observes that the twentieth century was marked by a crisis of political and civil structures, caused by ideological adherence to forms of political messianism that fragmented the social fabric and obscured the understanding of the ethical and metaphysical foundations of human coexistence. Longo argues that, in order to avoid a merely ideological or moralistic reading of these concepts, it is necessary to return to a gnoseological perspective that recovers their original and transcendent meaning. The analysis thus proposes a path that unites the philosophical and theological dimensions, guided by two central questions: how is it possible to love one’s enemies and do good to those who hate us, and what is truth? These questions function as hermeneutical keys for understanding the collapse of political mimesis — in which collective desire turns into rivalry — and the ensuing sacrificial crisis that characterizes modernity. The study therefore seeks to reconstruct a vision of the common good grounded in virtue and the recognition of otherness, overcoming both moral reductionism and the utopian illusions that replace the ethical and spiritual dimension of political life with ideological simulacra.