https://repositorio.ufu.br/handle/123456789/17969 Mon, 17 Aug 2026 14:24:15 GMT 2026-08-17T14:24:15Z https://repositorio.ufu.br/handle/123456789/49540 Title: A aplicabilidade da teoria dos jogos no processo penal brasileiro Abstract: This scientific article aims to analyze the applicability of game theory to the Brazilian criminal process. It is based on the premise that the contemporary criminal justice system, especially following the expansion of negotiated criminal justice mechanisms promoted by Law 9.099/1995, Law 12.850/2013, and Law 13.964/2019, can be understood, to a large extent, as a space for strategic interaction between the prosecution and the defense, in which the formal models developed by game theory, notably the prisoner’s dilemma, formulated by Merrill Flood, Melvin Dresher, and Albert Tucker, and the Nash equilibrium, formulated by John Forbes Nash Jr., find significant utility. This qualitative, exploratory, and bibliographic study examines plea bargaining, non-prosecution agreements, criminal settlements, conditional suspension of proceedings, jury trials, and pretrial detention from the perspective of game theory, drawing in particular on the works of legal scholar Alexandre Morais da Rosa, a pioneering author in the Brazilian context. Finally, the limits of this application are discussed based on Luigi Ferrajoli’s rights-based critique and the observation of informational and material asymmetries among the parties to the proceedings. It is concluded that game theory constitutes a relevant analytical tool for understanding the contemporary Brazilian criminal justice system, provided that its application is accompanied by critical reflection on the constitutional and rights-based limits of negotiated criminal justice. Thu, 23 Jul 2026 00:00:00 GMT https://repositorio.ufu.br/handle/123456789/49540 2026-07-23T00:00:00Z https://repositorio.ufu.br/handle/123456789/49537 Title: A tutela penal do insider trading no Brasil: obstáculos à persecução criminal Abstract: This paper critically examines the criminal regulation of insider trading in the Brazilian legal system from an interdisciplinary perspective that integrates Economic Criminal Law, Law and Economics, and regulatory theory. While acknowledging the potential harm of insider trading to the integrity of capital markets and to the trust required for their proper functioning, the study challenges approaches that uncritically legitimize criminal punishment as the primary regulatory response. It argues that the centrality of criminal law in the repression of insider trading is structurally ineffective, due to the inherent evidentiary difficulties of informational crimes, the selective nature of criminal prosecution, and the predominantly symbolic character of criminal sanctions in this context. By analyzing the systemic effects of informational asymmetry and the economic ambivalence of insider trading, the paper demonstrates that criminal law is incapable of acting preventively on the actual mechanisms of price formation in capital markets. Accordingly, it defends the reordering of state intervention through a responsive regulation model, in which specialized administrative enforcement—particularly by the Brazilian Securities Commission (CVM)—assumes a leading role, while criminal law is reserved for the most serious cases, in line with the principle of minimal intervention. The study concludes that effective protection of the economic order requires technically qualified, proportionate, and institutionally coherent regulatory strategies, under penalty of perpetuating a merely symbolic model of criminal enforcement. Tue, 03 Mar 2026 00:00:00 GMT https://repositorio.ufu.br/handle/123456789/49537 2026-03-03T00:00:00Z https://repositorio.ufu.br/handle/123456789/49519 Title: A laicização do casamento no Direito Brasileiro: a transição do matrimônio canônico para o casamento Civil (1850-1890) Tue, 07 Jul 2026 00:00:00 GMT https://repositorio.ufu.br/handle/123456789/49519 2026-07-07T00:00:00Z https://repositorio.ufu.br/handle/123456789/49498 Title: Os novos contornos da tutela do consumidor superendividado na Lei nº 14.181/2021: desafios interpretativos e análise jurisprudencial do Tribunal de Justiça do Estado de Minas Gerais Abstract: This article analyzes the tension between Brazil's advanced legal framework for consumer protection and the structural persistence of family over-indebtedness—a phenomenon aggravated by the consolidation of the contemporary credit society and by the digitalization of consumer relations, which intensifies the technical, legal, factual, and informational dimensions of consumer vulnerability. The research problem is as follows: to what extent has the Court of Justice of Minas Gerais (TJMG) incorporated, in its decisional practice, the institutes introduced by Law No. 14.181/2021? The hypothesis defended is that such incorporation, although progressive, is incomplete. The research, of a theoretical, bibliographical, and documentary nature, employs a deductive approach and a technical procedure of qualitative analysis of judgments, through the examination of six rulings handed down by the TJMG between July 30, 2025, and May 25, 2026. The results confirm the hypothesis and reveal three axes of incompleteness: the review-sanction based on the violation of the duties of information, loyalty, and care (arts. 52, 54-C, and 54-D of the Consumer Defense Code), whose effectiveness is compromised by the oscillating allocation of the burden of proof regarding irregular credit granting; consumer harassment (art. 54-C, IV), an institute not recognized in any of the analyzed judgments; and the existential minimum, the teleological core of the legal concept of over-indebtedness, whose assessment by the court presents great variation. The recent decision of the Federal Supreme Court in Claims of Noncompliance with a Fundamental Precept (ADPF) Nos. 1,005, 1,006, and 1,097 is also considered, which maintained the floor of R$ 600.00 for the existential minimum and determined the inclusion of payroll-deductible loans (crédito consignado) in its calculation. It is concluded that the effectiveness of Law No. 14.181/2021 depends, to a large extent, on the interpretation given to its institutes by the adjudicating bodies, with the review-sanction standing out—as it is not conditioned on a fixed quantitative parameter—as the instrument with the greatest protective potential for the over-indebted consumer. Tue, 21 Jul 2026 00:00:00 GMT https://repositorio.ufu.br/handle/123456789/49498 2026-07-21T00:00:00Z