This paper aims to address some of the issues concerning the production of intellectual works in public institutions, focusing particularly on textual content. Starting from a brief analysis of the legal protection granted to authors in Brazil, it problematizes the treatment generally given by public institutions to certain types of informational content produced by public servants. To achieve this objective, we examine the legislation, doctrine and jurisprudence related to the matter. As a result, we present some of our impressions on the subject, especially with regard to the issue of the right to naming and recognition of authorship, an aspect that needs to be more carefully addressed by the Public Administration and included in its knowledge management policies.
This article analyzes the integration of Artificial Intelligence (AI) in the public decision-making process from an institutionalist perspective, based on the premise that technology acts as a normative infrastructure that reconfigures legal rationality. It is demonstrated that AI promotes the transition from a Law based on deductive "completeness folklore" to a Law based on inductive evidence, combating the chronic organizational amnesia of institutions. The concept of qualified argumentative burden is proposed: a requirement of superior reasoning for deviations from the standards of coherence revealed by the machine, operationalized as an inversion of the burden of opacity and anchored in the constitutional duty of motivation. It examines the risk of the industrialization of error, the uncritical automation of historical biases on an algorithmic scale, and the institutional mechanisms of external validation of the legitimate rupture with unfair standards. The role of the contemporary jurist as curator, auditor and normative leader, responsible for ensuring that algorithmic efficiency does not colonize the constitutional mission of the State, is redefined. Finally, it is argued that digital thinking operates by irradiation, forcing the rereading of classic categories in all branches of the legal system, similar to the constitutionalization of private law. The apex of this process is Digital Constitutionalism, whose positive basis is found in Article 5, LXXIX, of CF/88, inserted by EC No. 115/2022, and whose central methodological instrument is the argumentative burden qualified as a parameter of constitutionality on a systemic scale.
The Brazilian Judiciary is increasingly tackling structural litigation, a phenomenon present at both the Brazilian Supreme Federal Court and the lower courts. The recent filing of a constitutional claim (ADPF n. 635) has highlighted that these complex cases can also reach the Inter-American Human Rights System. Cases as "Favela Nova Brasilia v. Brazil", judged by the Inter-American Court of Human Rights, can be brought to the Brazilian Supreme Federal Court to enforce the structural remedies mandated by the international Court. This scenario presents the possibility of pursuing strategic litigation within the Inter-American Court of Human Rights, which cannot be overlooked. This article, therefore, seeks to identify criteria for applying this strategy in paradigmatic cases to advance the rights of vulnerable groups. Employing a deductive method, the study is based on bibliographic and documentary research, including an analysis of the Inter-American Court of Human Rights judgments.
The fast spread of generative AI embedded in digital platforms has reshaped technology-facilitated sexual violence by enabling the large-scale creation and circulation of synthetic intimate content, including sexual deepfakes and "fake nudes". This article argues that AI should be understood not merely as a technical tool but as a social institution: it structures practices, incentives, and risks, producing foreseeable and systemic harms, disproportionately affecting women and girls. From this institutional lens, the paper highlights the limits of traditional legal categories-especially consent, which presupposes a free, prior human manifestation of will-an element absent in algorithmic manipulation of images and videos. The analysis then examines shortcomings of Brazilian legal responses, focusing on constitutional protections of dignity, honor, and image; the liability framework under the Marco Civil da Internet; Brazil's data protection law (LGPD); recent criminal law amendments; and Law No. 15.211/2025 (Digital ECA), emphasizing regulatory gaps, evidentiary challenges, and the inadequacy of purely reactive enforcement. Finally, the article advances an institutional-arrangements approach, calling for preventive and ongoing duties of due diligence, risk-mitigation "by design", coordinated institutional action, and public policies capable of addressing the massive, transnational, and automated nature of digital sexual violence.
This article analyzes the paradigm shift from sample-based auditing to a continuous, census-based model within Brazilian public internal control, mediated by Artificial Intelligence (AI). Drawing on New Sociological Institutionalism and the concept of "Algorithmic Institutionalism," the study investigates how analytical systems transcend their role as mere tools to become genuine institutions that shape bureaucratic behavior. Through a descriptive-analytical case study of the Comptroller General of the State of Rio de Janeiro (CGE-RJ), it demonstrates that data integration and graph-based analysis enable exhaustive and predictive oversight. However, the research reveals that algorithmic accountability requires explainability mechanisms and human-in-the-loop supervision to reconcile technological efficiency with the principles of administrative due process.
This article conducts a historical-comparative study of the Supreme Court of the United States and the Brazilian Supreme Court, focusing on the following central question: To what extent would the adoption of the "opinion of the court" decision-making model contribute to strengthening the authoritative legitimacy of the Brazilian Supreme Court's decisions? To this end, the historical-comparative method is employed, through an analysis of the institutional origins and development of both courts, their deliberative practices, and the crises of legitimacy they face. The theoretical framework adopted is Richard H. Fallon Jr.'s book Legitimacy and the Constitution (2005), particularly the concept of authoritative legitimacy, according to which judicial decisions are legitimate to the extent that the public believes they must be obeyed, regardless of whether they agree with their content. The article demonstrates that the combination of judicial review and the "opinion of the court" was instrumental in establishing the legitimacy of the United States Supreme Court during the John Marshall era (1801-1835) and argues that the Brazilian Supreme Court abandonment of the "seriatim practice" and adoption of the "opinion of the court" is a necessary step toward addressing the crisis of legitimacy surrounding its decisions.
The article analyzes the limitations of the legal mechanisms currently existing in the Brazilian legal system to ensure material and procedural rights to missing persons and their families who remain in search of information about their whereabouts, based on data from 2024. The objective is to examine the extent to which current legal solutions for cases of civil disappearance are insufficient given the complexity of the phenomenon. The starting point is the hypothesis that the legal treatment of civil disappearance does not adequately address its multiple dimensions, resulting in gaps in the protection of the rights of both direct and indirect victims. The deductive method, monographic procedure, and bibliographic and documentary research techniques are used. It is concluded that the normative fragmentation and patrimonial centrality of the civil institution of absence prove incapable of responding to the legal, social, and human demands imposed by cases of disappearance of persons in Brazil.
This article seeks to understand what due diligence obligations apply to companies and to the Brazilian state under international human rights law in relation to online gender-based violence on social media platforms. The methodology employed consists of a literature review of platform governance scholarship and the institutional theory of algorithms, combined with an analysis of the international normative framework, with emphasis on obligations derived from Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), the Inter-American Convention on the Prevention, Punishment, and Eradication of Violence against Women (Bel & eacute;m do Par & aacute; Convention), and the UN Guiding Principles on Business and Human Rights (Ruggie Principles). The article argues that algorithmic systems are not neutral tools, but devices that structurally enable the dissemination and monetization of gender-based violence and concludes that the Brazilian state may be held accountable for the regulatory omission that allows such violations to persist.
This paper critically examines the civil liability framework established by Bill No. 2,338/2023, which aims to create a Legal Framework for Artificial Intelligence in Brazil. Drawing on concrete cases of AI-related harm - including a teenager's suicide attributed to interaction with a chatbot and the unauthorized use of a human voice in advertising generated by AI - the article demonstrates the structural limitations of the bill currently under consideration in the Brazilian Congress. It argues that the legislative choice to refer generically to the Civil Code and the Consumer Protection Code, without creating specific normative parameters, constitutes a regulatory insufficiency. This insufficiency is particularly evident in the absence of adequate treatment for three central problems: algorithmic causation, distributed liability in multi-party systems, and preventive governance based on risk management. The article contrasts the current text with the draft prepared by the Committee of Jurists (CJSUBIA), which proposed a dual civil liability regime grounded in the risk classification of AI systems, and identifies the departure from that structure as a normative setback that weakens victim protection and undermines the preventive function of civil liability.
The article presents research results whose objective was to analyze, in an exploratory manner, the Law on Equal Pay and Remuneration Criteria between Women and Men (Law 14.611/2023) as public policy. The research question is: is Law 14.611/2023 an adequate strategy for gender pay equality? The investigation was based on a bibliographic survey of the most relevant literature available in academic repositories, as well as documentary research on legal frameworks and statistical data cataloged by institutions, such as the Continuous National Household Sample Survey of the Brazilian Institute of Geography and Statistics and studies by the Institute of Applied Economic Research, in addition to information obtained secondarily. To characterize the aforementioned law as public policy, we used the theoretical approach of Law and Public Policy, which guided the mapping of its possibilities and challenges, in addition to the intellectual construction of analytical beacons, including legal, political, institutional, social, economic, and cultural ones. The results indicate that the Equal Pay Law materializes as a relevant public policy, whose assurance mechanisms and regulatory kit innovate political grammar in the fight for gender equality. It is suggested that wage inequality is related to the obligations socially attributed to women in reproductive and care work, requiring a political agenda structured around multiple actions, both in the sphere of free competition and state activity, with a view to systematically reducing the problem.
This article argues for the existence of a specific and long-term economic crisis in the state of Rio de Janeiro, originating from a combination of factors including: a) the transfer of the Federal Capital to Brasilia without compensation for Rio de Janeiro; b) the historical lack of reflection on the development of the state of Rio, which, in the political and social imagination, has been established less as a regional space and more as a territory of the nation; and c) the establishment of a specific power structure in the state of Rio de Janeiro, stemming from the parliamentary purges imposed by the 1964 civil-military coup, which opened the way for a markedly clientelist political hegemony in the state and promoted a violent dismantling of the state's public administration. The combination of these factors has decisively influenced, and continues to influence, the fact that the state of Rio de Janeiro has been facing a situation of particular economic stagnation for decades within the federal system, highlighting the urgent need to broaden reflection on the state in order to build critical mass for the formulation and consolidation of effective and sustainable regional development strategies.
This article analyzes the process of legislative acclimatization operationalized by the Brazilian conservative elite (Saquaremas) between 1835-1862. I propose "legislative acclimatization" as a concept to designate the cultural and political translation of European institutional models to Brazilian slaveholding reality. I argue that this process produced genuine peripheral originality: "Seigneurial Rational-Legal State," a configuration that combined formal modernization with substantial patrimonialism. Codes, bureaucracy, and centralized police functionally coexisted with slavery, property-based suffrage, and patronage. I analyze Rio de Janeiro as an institutional laboratory between 1835 and 1862, where the Saquarema Pentarchy operated as coordinating political intelligence. The five conservative statesmen were Bernardo Pereira de Vasconcelos, Paulino Jos & eacute; Soares de Souza (Visconde do Uruguai), Joaquim Jos & eacute; Rodrigues Torres (Visconde de Itabora & iacute;), Eusc & eacute;bio de Queir & oacute;s Coutinho Matoso da C & acirc;mara, and Hon & oacute;rio Hermeto Carneiro Le & atilde;o (Marqu & ecirc;s de Paran & aacute;). This group operationalized "selective legality" through five types of legislation that modernized institutions while preserving seigneurial hierarchies: centralizing, disciplinary, fiscal, land-related, and symbolic legislation. Based on primary legislative sources such as the Imperial Law Collection, Ministerial Reports, and Parliamentary Records, alongside historiography from Mattos, Carvalho, Needell, and Lynch, the article mobilizes concepts of legal field from Bourdieu, disciplinarity from Foucault, Thompsonian legality, and Eliasian civilization. I explicitly recognize four methodological limitations: subalterns appear through repressive documentation, radical liberal opposition is underrepresented, regional variation remains unexplored, and the Pentarchy's intentional coordination was not directly documented. I conclude that Brazilian legislative acclimatization was not a poorly-made copy of European models but strategic peripheral adaptation. Cordial modernization, formally modern but substantially conservative, was functional for slaveholding oligarchic consolidation.
This article analyzes the recent revenue trajectory of the State of Rio de Janeiro compared to other states, with an emphasis on ICMS revenue and its relationship with the state's productive structure. It argues that Rio's fiscal problem is concentrated on the revenue side, as the state has not kept pace with the national growth in tax revenues. Using data from the National Treasury and the IBGE (Brazilian Institute of Geography and Statistics), the study shows that, between 2015 and 2024, Rio de Janeiro experienced one of the lowest ICMS revenue growth rates in the country, in addition to low growth in current transfers. Property revenue, composed primarily of oil royalties, was insufficient to offset these lags. Using a fixed-effects panel model, it is observed that ICMS is strongly associated with the value added of the public and private service sectors, and has very little correlation with the industrial sector, whose expansion in the state is heavily dependent on the extractive industry. The article concludes that Rio de Janeiro's fiscal crisis stems from a structural imbalance between its productive base and its revenue collection capacity, exacerbated by tax relief policies. The article also discusses the expected effects of tax reform and the Full Debt Payment Program (PROPAG) and its relation to the state's structural revenue constraints.
The right to image was specifically introduced into the Brazilian legal system by the Federal Constitution of 1988, however, although it was included in the list of fundamental rights and guarantees, it was not provided for independently in the Civil Code of 2002. The objective of this research is to analyze how the right to image has been configured in the judgments of the Federal Supreme Court in the face of this divergence in legal provision. Using the deductive method and bibliographical, documentary and empirical methodology, it uses various scientific works and articles, as well as domestic legislation and judgments issued by the country's Supreme Court since the 1988 Federal Constitution came into force. The conclusion is that the right to image has been shaped in the Supreme Court's judgments in a positive way, because even though many procedural and material obstacles have been visualized, this right ends up being mentioned and valued even in decisions in which it is not the central point of discussion, which is due to the importance that the legal system and the Court give to the human image.
This exploratory article diagnoses an irreducible trilemma in cooperative federalism under the 1988 Brazilian Constitution: autonomy, symmetry, and coherence cannot be simultaneously maximized. It reveals that the Brazilian Supreme Court operates an implicit bifurcation in decisions regarding subnational innovations, alternating between procedural openness and formal rigidity without explicit criteria justifying this variation. The article proposes operationalizing this bifurcation through three complementary layers: explicit justification standards (legitimacy, proportionality, transparency) structured by continuous data-driven analytic infrastructure, offering objective comparative basis and reducing legal uncertainty; permanent protection of fundamental rights through proactive detection systems that identify when procedural innovations compromise essential access; decentralized coordination arenas (reformed CONSAD, federative innovation chamber, fundamental rights commission) operating before litigation with shared data support. The central epistemological shift is that data infrastructure allows separating legitimate value disagreements from informational asymmetry problems, enabling federal conflicts to occur with increased legitimacy even as political divergences persist. The article proposes repositioning the Supreme Court in second-order control: judging primarily the procedural quality of subnational decisions and, subsidiarily, the substantive merits when processes are insufficient. Shared data equalizes technical asymmetries: small municipalities access identical infrastructure to major metropolitan areas. While acknowledging that complete operationalization remains incomplete, the article structures a collaborative research agenda in five research dimensions: jurisprudential consolidation of justification standards; operationalization of the bifurcation between non-negotiable redistributive minimums and renegotiable procedural norms with technical indicators; empirical evaluation of institutional innovations through quasi-experimental design; institutional design of negotiation arenas with prototyping; development of continuous monitoring systems. It proposes shifting from federalism as litigated contestation to federalism as informed political coordination structured before conflict escalates.
This study provides an assessment of artisanal sea fishing in Northern Rio de Janeiro state from the perspective of Local Productive Arrangements (LPAs), focusing on sustainability as a structuring axis of territorial development. The research reveals that, although the activity remains highly relevant in socioeconomic and cultural terms-guaranteeing employment, income, and community identity-it faces structural obstacles such as low value added to fish, poor infrastructure, limited access to credit and technology, informality, gender inequality, and socio-environmental conflicts intensified by the presence of the Oil & Gas industry. The combination of these factors results in multidimensional poverty and mostly incremental innovations that are incapable of generating structural transformations. Given this scenario, the study proposes guidelines for integrated public policies, encompassing value addition, institutional strengthening, legislative updates, professional training, and the creation of a fishing observatory, aiming to articulate the LPA subsystems with the economic, social, environmental, cultural, and territorial dimensions of sustainability and promoting an inclusive, innovative, and socially just development model.
This article analyzes liability rules applied to autonomous vehicles (AVs) from the perspective of Economic Analysis of Law. With the advancement of artificial intelligence and its growing impact across various sectors, especially in transportation, new regulatory challenges arise, including the attribution of liability in accidents involving AVs. Although legislative initiatives concerning artificial intelligence are already underway in Brazil, the discussion around autonomous vehicles still lacks theoretical depth in the national context, particularly regarding the use of Economic Analysis of Law as an analytical tool. Accordingly, this article aims to present and systematize the main liability regimes proposed in the Economic Analysis of Law literature, through an international literature review on the topic, seeking to adapt them to the Brazilian legal context. For this purpose, academic articles available in both national and international databases were consulted, with priority given to those that, in addition to developing theoretical models (including mathematical formulations), propose concrete normative arrangements to address the challenges of civil liability applied to AVs.
The article analyzes the role that the municipal administration of Niter & oacute;i has played in the city's innovation ecosystem over the past decades. Guided by the same political-institutional project for more than ten years, the city has consolidated its science, technology, and innovation policy through long-term planning integrated with broader municipal public policies. The study aims to examine the case of Niter & oacute;i in light of the established literature on the subject and, from a normative perspective, to shed light on the future of the state of Rio de Janeiro-particularly its metropolitan region-drawing on Niter & oacute;i's experience as a potential paradigm. The analysis is based on national and international bibliographic sources, official documents produced by the local administration, technical reports, and secondary databases from national and multilateral sources. The results identify the conditions that have enabled Niter & oacute;i to establish itself as a model of scientific, technological, and innovation-driven development, grounded in its physical, institutional, and governance infrastructure, largely built and steered by local authorities. It concludes that Niter & oacute;i's experience may serve as a reference for designing a state and metropolitan policy for science, technology, and innovation aimed at strengthening innovation ecosystems throughout the state of Rio de Janeiro.
This article analyzes the growing municipal prominence in Brazilian public security, particularly represented by the tendency to transform Municipal Guards into policing forces. Through theoretical analysis, legal-normative investigation, and the examination of empirical data, the study demonstrates how the actions of different state actors have authorized an institutional rearrangement that blurs the boundaries between policing models, often at odds with the original constitutional design. The investigation contrasts this expansion with the coordination efforts of the Unified Public Security System (SUSP), arguing that, unlike in health and education, the security sector has consolidated a repressive legacy that hinders the transposition of federative solutions from those areas. The results indicate that the municipalization of policing tends to reproduce the undemocratic practices of the traditional police model. It is concluded that relying exclusively on centralized bureaucratic coordination is insufficient to overcome the sector's structural contradictions, pointing instead to the valorization of the territorial dimension as a space for democratic contestation and citizen legitimacy.
This research examines the dynamics of the Health Workforce (FTS) with statutory contracts in the state of Rio de Janeiro and its 14 most populous municipalities (2014 to 2024). It is assumed that, even with the emergence of new contractual models (OSS, foundations), the RJU segment maintains structural relevance, whose characteristics require investigation. The research proposes to analyze: (I) the temporal evolution of the number of FTS-RJU, distribution (doctor, nurse, nursing technician and assistant) and its proportion to the total number of employees in the health, education, security and social assistance departments; and (II) the cross-sectional profile of remuneration, investigating the heterogeneity between municipalities and professional categories. At the same time, premature mortality was analyzed as an indicator of health outcomes, seeking correlations with workforce and investment variables. The results indicate pay heterogeneity across categories and municipalities, with nursing accounting for the largest contingent. Education accounts for the largest number of statutory employees, followed by healthcare. A clear trend toward a reduction in the number of RJU employees and increase of hiring through OSS and foundations identified, accompanied by some municipalities by a slight increase in premature mortality (2022-2023).
