Lex Humana (ISSN 2175-0947)

WHO FEEDS THE MOST

João Marcel Evaristo Guerra — 2025-07-07

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.

THE INVISIBLE THAT HAS BECOME VISIBLE

Cristiane Martins Malonn — 2025-07-07

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.

THE PROTECTION OF COPYRIGHT PERSONALITY THROUGH NFT REGISTRATION ON BLOCKCHAIN

Ana Elisa Silva Fernandes Vieira — 2025-07-07

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.

FUNCTIONALISM AND THE PRINCIPLE OF PROPORTIONALITY

Simone Figueiredo — 2025-07-07

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.

LEADERSHIP AND ORGANIZATIONAL CLIMATE AS A PILLAR OF THE PSYCHOLOGICAL CONTRACT

Bárbara Maria Amaral Carmelo — 2025-07-10

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.

REFORM OF THE PROCEDURE FOR SELECTING JUDGES OF CONSTITUTIONAL COURTS AND JUDICIAL DIALOGUE

Laura Bzova — 2025-07-18

Given the transformations that have taken place in recent years, the processes of enlargement and the need to respond to the accelerating process of globalisation, it is doubtful that states can continue to think, as they have done in the past, of maintaining a supranational structure that strengthens their power in the domestic sphere and allows them to remain important agents in the integration process. The tension between constitutionalism and Europeanism may disappear in the medium term if Europe is to continue to maintain its level of development and prosperity in the global context.

The main function of constitutional courts is to ensure the constitutional order. This guarantee of the Constitution, of which they are the main interpreter, is in principle neutral with regard to the European integration process. The link between constitutional justice and the Constitution means that the process of European integration can only be judged under the conditions laid down by the Constitution itself and in accordance with the general characteristics of the national constitutional order. It is not the same, for example, that the Constitution does not contain specific provisions on the process (as is the case in Spain), other than a general authorisation for accession, and that, on the contrary, the Constitution sets conditions and limits (as is the case in Germany). It is also not the same that, for example, the Constitution sets limits to its reform through immateriality provisions (as is the case in Italy or Germany), nor that it does not explicitly provide for such limits.

Constitutional courts play an important role in the realisation of the necessary minimum of rights, i.e. in creating an existential core that ensures security, legitimacy and constitutional protection outside the state. This is not an attempt to standardise rights, let alone to promote standardised judicial decisions, but to unify and condense their constitutional protection. Faced with the vulnerability of fundamental rights in global constitutionalism, constitutional courts are increasingly engaged in a kind of communicative integration process in which legal rationalities are exchanged through the exchange of decisions, which is called international judicial dialogue in the strict sense. This book not only demonstrates that the conversation between constitutional courts has a specific structure, methodology and assumptions, but also proposes a reasonable procedure for systematising and operationalising the incorporation of international jurisprudence into domestic constitutional responses to the legal paradoxes of our time: the process of judicial dialogism.

RIGHTS IN CRISIS

Raquel Sáez G. — 2025-07-24

The results of a documentary research are presented, the objective of which was to analyze how the government measures adopted in Venezuela during the health emergency affected the enjoyment of rights such as health, education and employment in a context of economic and humanitarian crisis. A descriptive-analytical and documentary observation study was carried out, with emphasis on the right to health in times of pandemic. The findings highlight: the serious deterioration of Venezuelan infrastructure and basic services; and, lack of human capital; scarcity of public educational options and, high costs of private education; many essential medicines are inaccessible to the population due to limited economic income. It is concluded that economic, social, cultural and environmental rights in Venezuela are seriously violated due to the economic and social crisis that affected the country in recent years.

THE EMERGING TREND IN SEXUAL DOMESTIC VIOLENCE

Trini Handayani — 2025-07-25

The practice of the Husband's Stitch, whether performed with or without consent, remains a concerning issue in obstetric care, exemplifying a breach of patient autonomy and reproductive rights. Limited awareness among postpartum women regarding their rights and the potential criminality of the procedure perpetuates its prevalence. This underscores the urgent need for education initiatives targeting both married couples and healthcare providers involved in labor assistance. By enhancing understanding of the ethical and legal implications of the Husband's Stitch, such efforts aim to empower individuals to advocate for their reproductive rights and autonomy. Furthermore, educating healthcare personnel on the physical and psychological impacts of non-consensual obstetric interventions is crucial for ensuring patient-centered care and preventing harm to vulnerable populations. Comprehensive education initiatives are essential in addressing the underlying factors contributing to the persistence of the Husband's Stitch and fostering a culture of informed consent and ethical practice within obstetric care settings.