Lex Humana (ISSN 2175-0947)

ACCESS TO JUSTICE IN PORTUGAL

Ricardo Pedro — 2024-08-29

The present article focuses on the legal regime of labour mediation in Portugal, dealing in particular with the Public System of Labour Mediation. Besides a revisitation of this whole system, its positive and negative aspects are treated, namely, regarding the duration of its procedures; its cost for the parties; the geographical distribution of the structure on which it is based; the demand for this system by the citizens; its objective scope of application; the attribution of enforceability to the mediation agreements, and the suspension of the statute of limitations for the exercise of labour rights.

THE IMPORTANCE OF ISO 9001:2015 FOR ORGANIZATIONS

Mariana Ribeiro — 2024-08-29

The present article aims to explore the importance of ISO 9001:2015, particularly regarding the changes made to ISO 9001:2008 and the challenges and advantages that entails its implementation. In this sense, a report will be made of the importance of quality in organizations, the characteristics and importance of ISO 9001:2015, the adjustments that companies need to make in order to obtain certification and the benefits felt in the long term due to the implementation of the standard. Within the scope of the article, and in order to enrich it, an interview was conducted with an individual responsible for the implementation of the ISO 9001:2015 standard in a multinational company, with the objective of understanding the motivation behind the implementation, the obstacles in the implementation process and its impact on the company.

MEASUREMENT OF ACCESS TO JUSTICE

Luiz Henrique Tacconi — 2024-08-29

This theoretical essay delves into the significant efforts undertaken by Brazilian courts in the realm of Access to Justice. It underscores the profound interconnection of these efforts with the construction of Judicial Governance and the challenges posed by the United Nations 2030 Agenda. Using the comprehensive database of the Judiciary Power Statistics System, which gave rise to the Justice in Numbers 2024 Report, this research identifies and examines the metrics of Access to Justice. It draws from the existing literature on this subject and showcases initiatives related to this theme on both national and global scales. Our research takes a unique approach, applying the Access to Justice Scale we developed. This scale, comprising various indicators, assesses Brazilian courts' structure, distribution, and performance. We put our research into practice by applying the Access to Justice Scale to the labor segment of the Brazilian Judiciary. This involved constructing data panels that gathered the variables of the Regional Labor Courts, providing a real-world context for our findings. Our research has significant implications for the future of Access to Justice in Brazil. We found that the database provided by the National Council of Justice lacks indicators related to access and humanization of justice. Instead, most variable focus on the structure and productivity of the courts. This underscores the need for a more comprehensive approach and the development of an agenda prioritizing Access to Justice and how the population can obtain this access.

BEHAVIORAL BIAS ARISING FROM THE USE OF ARTIFICIAL INTELLIGENCE IN LEGAL RESEARCH

Silvia Regina Siqueira Loureiro — 2024-08-29

The present article aims to highlight the importance of artificial intelligences and their consequences in the field of legal research, covering both negative and positive aspects in academic, judicial, and professional realms. It also seeks to present how this is reverberating in people's behavioral biases due to the use of these new technologies. Additionally, it shares ethical factors that must be respected for the appropriate use of this tool, ensuring it does not harm its users. Furthermore, it brings some examples of artificial intelligences that can be utilized and their different purposes. The qualitative methodology with a bibliographic review was employed.

AN ILLUSTRATION OF INSTITUTIONAL INFLUENCE IN THE POLICY-MAKING PROCESS

Davi Mendes Málaga — 2024-08-29

This article aims to understand the influence of institutional interaction and institutional values in the initial stages of the public policy formulation process through the analysis of the institutional adoption of the Associação de Proteção e Assistência ao Condenado (APAC), which proposes an alternative method to traditional criminal policy through a proposal for a humanized approach to incarceration, as one of the guidelines of the Novos Rumos em Minas Gerais Program. The analysis focuses on the influence of institutional interaction and institutional values in the initial stages of the public policy formulation process, based on the theoretical foundations of policy-cycle, policy process, and institutional theory. It was observed that the institutional path for formulating the analyzed policy involved actors from the executive, legislative and judiciary, as well as the presence of policy champions in creating a window of opportunity.

LINGUISTICS OF THE INTERNATIONAL LAW OF NUCLEAR PHYSICS ON SYNONYMS WITH THE APPROACH OF CHILDREN'S PHYSICAL AND MENTAL HEALTH

Parham Nami Fard Tehrani — 2024-08-29

In this article, an attempt has been made to homogenize the three sciences of legal linguistics, nuclear physics and international nuclear law with each other so that the different layers of pure linguistics can be applied with the properties of atoms and sub-particles that make up it. This topic can be used optimally in the direction of abstract support for children's rights, and radiolanguage is no exception to this rule, which can bring peace and stability in international relations, and on the other hand, language bring violence and jeopardizing the safety of children all over the world. If we can use the radioactive gravity force in the nuclear reactor of our mind according to international legal treaties to maintain the health of children's physical and mental dimensions, we will definitely see favorable results in this field, which is explained in the relevant article. International treaties play an important role in bringing this process to the fore, and one of the most important treaties in this context is the Treaty on the Prohibition of Nuclear Weapons, which can be linked to legal linguistics by interpreting the provisions of this treaty. Using the present research, we should reach the core of legal linguistics of nuclear physics in order to protect children's rights. The study method is valid library and reference databases.

THE RIGHT TO INVISIBILITY OF LIFE, BODY, HONOR AND DIGNITY OF THE ACCUSED PERSON IN THE CONSTITUTION AND CRIMINAL LAW OF VIETNAM

Huynh Trung Truc — 2024-11-01

The accused are the participants in criminal proceedings, holding a central position in the process of resolving criminal cases. During the process of initiating, investigating, prosecuting and trying criminal cases, the accused are vulnerable to violations of their legitimate rights and interests by competent authorities conducting proceedings and competent persons conducting proceedings, especially the inviolability of life, body, honor and dignity. The article focuses on clarifying the legal powers of the accused as stipulated in the 2013 Constitution, including the right to life, the right to inviolability of the body and the right to legal protection of health, honor and dignity; as well as the concretization of these constitutional rights in the 2015 Penal Code (amended in 2017), the 2015 Criminal Procedure Code and other legal documents.