Lex Humana (ISSN 2175-0947)

COLLECTIVE LITIGATION IN CRIMINAL JUSTICE AMIDST COVID-19 PANDEMIC - EXPERIENCES OF THE BRAZILIAN PUBLIC DEFENDER’S OFFICES

André Luis Machado de Castro, Cleber Francisco Alves — Wed, 15 May 2024 00:00:00 +0000

The Brazilian Public Defender’s Office has been developing new tools in the fields of strategic human rights litigation. Learning with the experience of collective litigation in civil justice, public defenders are filing collective legal actions to protect groups of vulnerable people, including those who have not had the opportunity to be formally represented by the Public Defender’s Office. These collective legal actions were particularly necessary amidst the worst (and long) period of the Covid-19 pandemic, given the enormous difficulty of direct contact with people deprived of liberty and their families. This paper shortly describes some landmark cases and the legal tools used to provide collective defense in the Brazilian criminal justice system.

THE HUNGER OF THE ABJECT BODY

Wed, 15 May 2024 00:00:00 +0000

Based on the concept of the abject body, this article aims to examine the incidence of violations of the Human Right to Adequate Food (HRAF) in Brazilian transgender people, by a comparative board between the proportion of the general population and the proportion of the trans population subjected to food insecurity during the covid-19 pandemic. An analysis of the construction of the normative framework for the protection of the HRAF in Brazil is carried out, comparing International Human Rights Treaties, laws, the Federal Constitution of 1988 and other normative instruments, with a view to understanding the reasons and consequences of the inefficiency of public policies based on this normative framework, especially in relation to the trans segment, finally offering suggestions for modifying the Brazilian HRAF rules, so that, using affirmative action, the realization of this right in Brazil becomes become less discriminatory and, as such, more effective.

VENEZUELAN MIGRATION TO BRAZIL

Tarciana Moreira Alexandrino, Erivaldo Cavalcanti e Silva Filho — Wed, 15 May 2024 00:00:00 +0000

Venezuelan migration demonstrates that the complexity of the current migratory phenomenon in Latin America corresponds to neighborhood migration, where immigrants resort to requests for refuge in order to enter and remain in border territory. With regard to the Venezuela-Brazil migration process, Brazil has been dealing with the implications of the large influx of Venezuelans into the country, which requires legal analysis of the situation. In this sense, we sought to take a systematic approach to Venezuelan migration to Brazil, looking at how the state of Amazonas acted between 2017 and 2019, the peak of Venezuelan migration in the region. Thus, we analyzed the actions of the state with regard to treatment and, consequently, the realization of the right to be treated equally by this migrant population.

PORTUGUESE PRISON SYSTEM

Wed, 15 May 2024 00:00:00 +0000

This work, in addition to exposing a theoretical framework regarding the views of different authors on matters related to analysis and strategic decision-making, aims to analyze the strategic plan of the Portuguese Prison System, taking into account its specificities, through an analysis of the environment specific or transactional environment and a PESTEL analysis of the general or contextual environment, that is, in a macro sense. A special focus is also given to the issue of overcrowding in the Portuguese Prison System as well as the policies practiced, which in general, led to this overcrowding.

CONSTITUCIONALISM, DEMOCRACY AND RULE OF LAW

Marcos Rohling, Marilu Pohlenz — Wed, 15 May 2024 00:00:00 +0000

This article aims to discuss the political foundations of the democratic rule of law and, through it, constitutionalism and democracy as present in the constitutional text. Therefore, anchored in a bibliographic and documentary analysis, the text is displayed in three parts, a knowledge: i) the first part is dedicated to the historical exploration of constitutionalism and its different variations in the direction of limiting political power (classic constitutionalism) , social constitutionalism and democratic constitutionalism), as well as the constitutionalism present in the constitutional text; ii) in the second part, to discuss a democracy in the Constitution, so that it is an advocate that, even though it is a democracy with social elements, it presents better as a version of deliberative democracy; finally, iii) in the third part, to acquire properly a democratic rule of law in the 1988 Constitution, in order to highlight the originality of the relationship between constitutionalism and democracy in the Major Law.

CAN TRANSDISCIPLINARITY OFFER A FAIR ADDITION IN THE MODERN PROTECTION OF WOMEN'S RIGHTS?

Cristina Elena Popa Tache — Wed, 15 May 2024 00:00:00 +0000

Day by day, human rights are more transdisciplinary, and this has gone beyond the boundaries of individual sheets of paper and has turned into the cooperation of specialists from a variety of disciplines such as political science, law, sociology, philosophy, history, anthropology and psychology, unlimited, so that this method has allowed researchers to look at law in general and especially women's rights from a variety of perspectives corresponding to the above-mentioned disciplines: legal, historical, political, economic, social and cultural. Beyond some reasons that still maintain a certain distance between law and transdisciplinarity, we will see that for decades there have been increasingly appropriate results for women's rights. The trivalent logic, the levels of knowledge and the consideration of what is between disciplines and beyond them, can materialize in particularly useful scientific results for international law.