https://repositorio.ufu.br/handle/123456789/17969 2026-05-09T16:14:58Z 2026-05-09T16:14:58Z https://repositorio.ufu.br/handle/123456789/48657 2026-04-29T06:17:46Z 2026-02-23T00:00:00Z

Title: Discurso proselitista contrarreligioso: categorias decisórias nos RHCs 134.682 e 146.303 Abstract: This study aims to identify and analyze, in light of the selected theoretical framework, the decision-making parameters effectively mobilized by the Brazilian Supreme Federal Court (Supremo Tribunal Federal - STF) in RHC 134.682 and RHC 146.303, both adjudicated in cases involving counter-religious proselytizing speech. To this end, the research adopts Discursive Textual Analysis (DTA), a qualitative method in which language plays a central role in understanding the phenomenon, as it represents the intermediation of the human element in the scientific process, proving suitable for the examination of judicial decisions. The method comprises the texts’ deconstruction (unitization), their reconstruction (categorization), and the metatexts’ production (communication), following a non-linear analytical path applied to the research “corpus” (the judicial decisions), selected through jurisprudential research conducted in the STF’s electronic database. This methodological approach is justified by the increasingly prominent role judicial decisions play in the interpretation and application of law. The categories that emerged from the analysis of RHC 134.682 were: (i) the special status of religious freedom; (ii) the constitutional dimension of decision-making parameters; (iii) criminal law bases; (iv) a three-stage test for the characterization of hate speech; and (v) contextual criteria for evaluating speech, each comprising its own subcategories. These categories were subsequently employed as an interpretive framework to identify continuities, shifts, and silences of meaning in the examination of RHC 146.303. In the latter case, the following were identified: (i) religious expression as a derivative of freedom of expression (thus, not possessing a special status); (ii) the constitutional dimension of decision-making parameters (with partial reformulation of prior understanding); and (iii) criminal law bases, while the remaining categories identified in the first decision were not mobilized as ratio decidendi due to a divergence in the underlying reasoning concerning the scope of protection afforded to speech. The findings indicate a partial shift from the understanding adopted in RHC 134.682, accompanied by a reduction in the decision-making categories’ density through an increased level of abstraction in relation to the concrete case. The critical conclusion, in light of the adopted theoretical framework, is that RHC 134.682 provides more consistent and reliable parameters. The methodological path’s internal coherence suggests that the identified decisional shifts resulted not from differences in the object of adjudication, but from changes in the judicial reasoning mobilized by the Court. Accordingly, although both judgments present interpretive gaps that warrant further theoretical development, their use as judicial precedents must take into account the specific nature of the subject matter - counter-religious proselytizing speech. Extending either ratio decidendi to hate speech cases in general may therefore be misleading, notwithstanding the greater theoretical and decisional coherence observed in RHC 134.682 when compared to RHC 146.303 in light of the selected legal literature.

2026-02-23T00:00:00Z https://repositorio.ufu.br/handle/123456789/48581 2026-03-27T06:20:22Z 2026-03-06T00:00:00Z

Title: Entre a repressão e a regulamentação: o jogo do bicho e as apostas esportivas online sob a ótica do processo penal brasileiro Abstract: This study examines the Brazilian legal-criminal treatment of gambling through the contrast between the persistent criminalization of the jogo do bicho and the recent regulation of online sports betting (bets). It argues that this normative duality does not stem from material differences between the practices, but from political-criminal choices shaped by economic, moral, and social criteria, which historically structure a pattern of penal selectivity. The research analyzes the historical origins of the jogo do bicho, its links to popular culture and the criminalization of marginalized groups, as well as the institutionalization of online sports betting under a discourse of modernization, fiscal revenue, and administrative regulation. It further explores the consequences of this asymmetry for criminal typicity, the definition of predicate offenses in money laundering prosecutions, and the functioning of criminal procedure, highlighting the coexistence of an expansive penal approach toward stigmatized practices and a subsidiary penal model applied to market-integrated activities. Finally, the paper assesses the role of the Judiciary in partially restraining punitive excesses and in functionally redefining the concept of gambling, while also identifying the limits of judicial action in light of the persistence of anachronistic criminal contraventions. The study concludes that overcoming normative incoherence and penal selectivity requires a critical reassessment of gambling criminal policy, grounded in the principles of minimal criminal law, equality before the law, and criminal intervention as ultima ratio, in accordance with the Democratic Rule of Law.

2026-03-06T00:00:00Z https://repositorio.ufu.br/handle/123456789/48546 2026-03-18T06:22:56Z 2026-02-24T00:00:00Z

Title: O Legal Design como ferramenta de otimização e efetividade de programas de compliance em direitos humanos nas estratégias empresariais de ESG Abstract: This paper is grounded in the problem that human rights compliance programs and their mechanisms, such as the establishment of internal regulations, policies, and codes within organizations, as well as the adoption of whistleblowing channels, are not, in all contexts, truly effective within the framework of ESG (Environmental, Social and Governance) corporate strategies. This ineffectiveness stems from the formalism and technicality involved, which hinder their implementation and adherence by employees and other stakeholders, or from an interface that was not properly designed with the user experience in mind. In this context, the research aims to investigate, through a deductive methodological approach and centered on a literature review, the application of Legal Design as a tool for optimizing and improving the effectiveness of human rights compliance programs, particularly with regard to the social (S) and governance (G) pillars of ESG. Therefore, the proposed study initially presents concepts and analytical frameworks related to ESG, the integration between business and human rights, and compliance, in order to examine the application of Legal Design in two dimensions: I. the preventive action of compliance against human rights violations; and II. the detection of such violations. As a result, the research concludes that Legal Design, with its human-centered approach, enables the development of organizational policies, regulations, internal codes, and whistleblowing channels that are more accessible, clear, usable, interactive, and assertive for their users, thus constituting a tool capable of optimizing and making human rights compliance more effective.

2026-02-24T00:00:00Z https://repositorio.ufu.br/handle/123456789/48434 2026-03-03T06:19:23Z 2026-02-26T00:00:00Z

Title: O crescimento urbano e a preservação do patrimônio histórico no município de Uberlândia

2026-02-26T00:00:00Z