https://repositorio.ufu.br/handle/123456789/5143 2026-09-21T18:40:39Z 2026-09-21T18:40:39Z https://repositorio.ufu.br/handle/123456789/50352 2026-09-21T18:15:08Z 2026-02-27T00:00:00Z

Title: Dever de fundamentação das decisões judiciais e a teoria dos precedentes: reflexos do art. 489, § 1º, VI do CPC/15 e sua indeterminação conceitual Abstract: This dissertation analyzes the duty to state reasons for judicial decisions within the Brazilian legal system, from the perspective of Article 489, § 1, item VI, of the 2015 Code of Civil Procedure, and its correlation with the theory of precedents. The general objective is to delimit the normative scope of said provision, investigating whether the requirement to demonstrate distinguishing or overruling in order to depart from a previous judgment applies indistinctly to any decisional standard invoked by the party or if it is restricted to those endowed with binding effect. To this end, the dialectical approach method is adopted, with historical-comparative procedure and bibliographic and documentary research techniques. The study addresses the conceptual indeterminacy of the terms “súmula”, “jurisprudence”, and “precedente”, exploring the divergence between doctrinal currents that support the exhaustive nature of the list in Article 927 of the CPC and those that defend its exemplificative nature. The results demonstrate the existence of a dual control regime of justification, since, while the non-observance of binding standards - a category comprising the list of Article 927, local súmulas, and appeals with general repercussion - attracts the specific nullity of item VI, the disregard for persuasive precedent must be scrutinized under the general duty of argumentative engagement provided for in item IV. It is concluded that the efficacy of this model depends on a profound alteration in judicial culture, capable of overcoming the practice of "ementismo" (citation of headnotes) and understanding justification as the space where the authority of the precedent is legitimized by argumentative rationality, and not merely by hierarchical imposition.

2026-02-27T00:00:00Z https://repositorio.ufu.br/handle/123456789/50333 2026-09-19T06:24:45Z 2026-07-14T00:00:00Z

Title: O Direito fundamental à liberdade religiosa e as religiões Ayahuasqueiras: o uso ritual e cultural das plantas amazônicas no Brasil

2026-07-14T00:00:00Z https://repositorio.ufu.br/handle/123456789/50321 2026-09-18T06:23:14Z 2026-07-23T00:00:00Z

Title: A invocação da soberania pelos Estados Unidos como limite à responsabilidade internacional: assimetrias estruturais do sistema jurídico internacional e reflexos na América Latina Abstract: This study investigates the selective application of the principle of sovereignty in contemporary International Law, focusing on the actions of the United States in Latin America and their implications for State responsibility. It addresses the research problem of how sovereignty, legally conceived as a universal attribute of States and the foundation of sovereign equality, is applied differently according to each State's position within the international power structure. The central hypothesis is that sovereignty operates, in practice, as a selective prerogative: while it functions as a shield against international accountability when invoked by major powers, it faces significant limitations when claimed by peripheral States. To test this hypothesis, the research adopts a qualitative methodology based on bibliographical and documentary research, using a deductive approach grounded in critical International Law scholarship and the analysis of landmark cases involving United States actions in Latin America, particularly Nicaragua, Cuba, and Venezuela. The study first examines the historical development of sovereignty and its relationship with the colonial and neocolonial structures that shaped International Law. It then analyzes political, economic, and legal interventions carried out by the United States, highlighting the use of unilateral sanctions, economic coercion, and institutional mechanisms that constrain the autonomy of Latin American States. Finally, it demonstrates that, although the legal framework governing State responsibility establishes formal mechanisms for attributing internationally wrongful acts, its practical effectiveness remains conditioned by the hierarchical structure of the international order. The study concludes that sovereignty, rather than ensuring equal protection for all States, is selectively instrumentalized, contributing to the reproduction of power asymmetries, limiting the international responsibility of major powers, and reinforcing contemporary structures of dependence and domination.

2026-07-23T00:00:00Z https://repositorio.ufu.br/handle/123456789/50320 2026-09-18T06:23:19Z 2026-07-30T00:00:00Z

Title: O abandono afetivo e o dever de indenizar Abstract: This study analyzes emotional abandonment from the perspectives of Family Law and Civil Liability, examining the possibility of compensation arising from the breach of the legal duty of care. It begins with the understanding that, although affection cannot be imposed by the legal system, it constitutes an essential element for the development of personality and the protection of human dignity. Furthermore, the study examines the evolution of the principle of affectivity in family relationships, the characterization of emotional abandonment, the termination of parental authority, reverse emotional abandonment, and the requirements for civil liability. It also analyzes the doctrinal, judicial, and legislative developments on the subject, highlighting the consolidation of the understanding that the unjustified omission of parental duties may give rise to compensation for moral damages, as well as the express recognition of emotional abandonment as a civil wrong by Law No. 15,240/2025. The study concludes that civil liability is not intended to assign an economic value to affection, but rather to compensate for the damages resulting from the breach of the duty of care, thereby reaffirming the full protection of children and adolescents, the principle of human dignity, and the social function of the family in a Democratic State governed by the rule of law.

2026-07-30T00:00:00Z