UFMS Law Review

Editorial

Lívia Gaigher Bósio Campello — 2025-03-06

Editorial

Português

Sandro Nahmias Melo — 2025-03-06

The objective of this research was to reveal the theoretical bases of the North American emergency legislation after the events of September 11, 2001, which allowed the practice of torture against foreigners detained in the Guantánamo Bay prison. To this end, descriptive-deductive research was carried out with a bibliographical basis for theoretical referencing, in addition to documentary research for a contextualized presentation of the facts that allow the recognition of the practice of torture by the American government against detainees in the state. called the war on terrorism. . The objective was achieved by explaining the approach of emergency legislation to the systematization of the Criminal Law of Günther Jakobs' enemy and the resulting consequences.

MÍDIA E ATIVISMO JUDICIAL NA OPERAÇÃO LAVA-JATO

Macell Cunha Leitão — 2025-03-06

The present work aimed to analyze the role of the media in the criminal prosecution perpetrated by Operation Lava Jato, in order to verify to what extent the manipulation of public opinion legitimizes the suspension of fundamental rights. The investigation was structured based on the hypothetical-deductive method, using bibliographic and documentary research techniques. In this sense, the research hypothesis was tested from the analysis of judicial decisions and scientific literature on the subject. The research found that the intense and permanent mediatization of the phases of Operation Lava Jato did not consist in mere publicization of judicial decisions taken for legal reasons, but in a real strategy to legitimize the suspension of fundamental rights of individuals considered guilty by public opinion even before being submitted to a judicial process based on due process of law. For this reason, it was possible to highlight the threads of mutual influence that media, public opinion and the judicial system exert on each other. By demonstrating the role of the media in the activist stance of Operation Lava Jato, the work contributes to the critical evaluation of one of the main legal events in Brazil's recent history, providing guidelines so that the law is not instrumentalized in the name of war on subjects treated as enemies.

DOS CORREDORES E GABINETES AOS PROCESSOS JUDICIAIS

Silvia Pimentel — 2025-03-06

Abstract: This is an article resulting from the research “Seed of Repertory: stereotypical, prejudiced and discriminatory expressions in relation to women in the daily lives of professionals in the justice system”. The main objective of the work was to highlight the way in which language is capable of perpetuating different oppressions, with a focus on gender discrimination. To this end, we analyzed national and international legal norms and documents, in order to highlight how the elimination of gender stereotypes is provided for in the legal system. Afterwards, the entries and phrases collected in the aforementioned research were analyzed based on feminist theory, in order to demonstrate how language reproduces social standards and can promote oppression or liberation. It was concluded that, based on all of the above, it is essential to change society's cultural patterns and, for this, education with a gender perspective is the best strategy.

Keywords: gender, education, feminism, language, violence.

JUDICIAL DECISION, INTERPRETATION AND JUSTICE IN GADAMER'S THEORY

Carolina Torquato Maia — 2025-03-06

Understanding and interpreting are not tasks reserved for science; they belong to the existentialist activity of man in the world. In Law, behind the concept of justice there is a mutable and permanently open interpretive practice that aims to construct judicial decisions. Gadamer's theory of hermeneutic circle proposes a look at the past-present binomial, as an opportunity to re-signify the norm in the face of a given conflict. Thus, the question is: to what extent does the meaning of justice, according to Gadamer, experience a fluid and imprecise movement capable of pointing out a decisional truth in the face of the past/present binomial? The importance of the symbiotic existence between the application of the legal rule, created in the past, and the judicial analysis of the concrete case, in the present, is highlighted. It is a bibliographical and documentary research, with a qualitative approach, carried out in the theoretical field. Based on the results, it is observed that the Gadamerian decisional truth is the "best truth" obtained through a fluid and imprecise circular process, but able to enable the redefinition of normative contents, according to the dynamics of contents, contexts and Law Suit; and the possibility of understanding and interpreting the content of the rule from the experience of the magistrate, who must be open to the exercise of an environmental rationality.

O TERERÉ AS A CULTURAL TOOL FOR SOCIOECONOMIC DEVELOPMENT IN THE STATE OF MATO GROSSO DO SUL

Maria de Fátima Ribeiro — 2025-03-06

O presente artigo tem como objetivo central identificar se existiria uma relação entre o tereré, bebida típica do Estado de Mato Grosso do Sul, e o desenvolvimento socioeconômico daquele ente federado. Além disso, figura-se como objetivo principal do corrente estudo perscrutar a potencialidade de exploração da erva-mate, com a qual se faz o tereré, para o desenvolvimento da região. Para tanto, utiliza-se da pesquisa bibliográfica, jurisprudencial e documental, fazendo o emprego do método dedutivo. Parte-se aqui da premissa maior com o intuito de contextualizar o leitor por meio da oferta de informações a respeito do que seja a cultura e o fenômeno da desapropriação cultural. Após, ingressa-se no estudo do desenvolvimento socioeconômico como direito fundamental. Por derradeiro, adentra-se à análise da pretensão deste artigo, buscando identificar se haveria alguma relação entre o tereré e o desenvolvimento socioeconômico do Estado de Mato Grosso do Sul e as potencialidades de exploração da erva-mate. A pesquisa se mostra relevante e atual, posto que seu objeto trata da relação entre os instrumentos culturais e o desenvolvimento local. Por fim, empregam-se aqui os referenciais teóricos desenvolvidos por Thierry Verhelst, quanto ao direito à diferença, e por Amartya Sen, no que concerne ao desenvolvimento socioeconômico como expansão das liberdades reais.

BRAZIL AND THE DOCTRINAL AND JURISPRUDENTIAL CURRENTS ON THE INTEGRATION OF INTERNATIONAL HUMAN RIGHTS TREATIES INTO DOMESTIC LEGAL ORDER

Vladmir Oliveira da Silveira — 2025-03-06

The debate on the incorporation of international human rights treaties into the domestic legal system is marked by complexity and doctrinal and jurisprudential divergences. The doctrine highlights the difficulty of integrating these treaties into the Brazilian legal system, as provided for in the 1988 Constitution, in Articles 5, §§ 2 and 3. The discussion intensifies due to the lack of consensus among scholars, with different interpretations regarding the hierarchy of treaties in relation to domestic norms. Two main theories are highlighted: the dualist theory, which separates international law from domestic law, and the monist theory, which advocates for the systemic unity. These debates reflect the need to understand how human rights treaties are incorporated and their implications in Brazil. Furthermore, there are disagreements regarding the hierarchy of these norms whether they are superior to the Constitution, if still infra-constitutional, or on an equal constitutional footing. The topic reveals the challenge of balancing state sovereignty with the international commitment to protect human rights. Although some jurists advocate for the supremacy of international treaties, others see them merely as supralegal norms, subordinated to the internal constitutional order. Investigates the protection international law offers to human beings and the extent to which the domestic legal system should be subordinated to the global normative system. This issue remains relevant, challenging jurists, legislators, and courts in Brazil and worldwide. The approach is exploratory, reflective, and descriptive, using the deductive method to analyze monist and dualist theories, along with schools of thought identified in Extraordinary Appeal 466.343/SP.