http://repositorio.ufc.br/handle/riufc/112 2026-06-28T23:08:22Z http://repositorio.ufc.br/handle/riufc/85719 Título: O devido processo legal tecnológico na era da inteligência artificial: uma análise do sistema Athos no rito dos recursos repetitivos Autor(es): Menezes, Éric da Rocha de Abstract: This dissertation aims to analyze the integration of the Athos system into the repetitive appeals process and its compatibility with technological due process. It hypothesizes that the use of artificial intelligence in judicial decisions has conceptual, epistemological, and operational limitations, requiring constant and careful human supervision guided by the principles of transparency and explainability, the basis for the restructuring of due process, which now demands a technological dimension. In this scenario, Athos would not be in line with technological due process, requiring better incorporation of the principles of transparency and explainability in its operation. The term "artificial intelligence" has recently regained prominence, as this technology has become established in various sectors, both public and private, and in the daily lives of the population, facilitating repetitive tasks that once consumed human time. The Brazilian Judiciary, facing the significant challenge of mass litigation, quickly incorporated various AI systems into the procedural stages, including the decision-making phase. However, despite its positive impacts, such as the ability to analyze large databases in a short time, the tool is not infallible and has the potential to cause harm to those under its jurisdiction if the procedural system is not rethought. From this perspective, the research used the deductive method, through a qualitative approach to data analysis, collected using documentary and bibliographic research techniques, in order to verify whether the Athos system provides those under its jurisdiction with access to informative elements and the databases that compose it, in a comprehensible way, as well as an explanation, through visual elements or natural language, of the path taken to reach the result, demonstrating the criteria used. The investigation identified that AI systems are capable of correlating information to offer answers, but cannot effectively think. Artificial intelligence is a tool, with the legal nature of a legal good, capable of solving problems and overcoming obstacles, regardless of having consciousness. In light of this concept, the study focused on the standardization affecting AI systems, finding that, despite the existence of a new internationally established set of principles, Brazil still lacks a normative strategy for AI. The investigation revealed essential differences between the human knowledge process and that of AI systems, specifically regarding the risk of automation bias, which requires a new phase of justification. With respect to Athos, the study evaluated its creation and implementation, demonstrating the risk of simplifying appeal arguments through ngrams. The research identified that the incorporation of AI in the Judiciary demands the observance of transparency and explainability, resulting in a due technological legal process. Finally, the hypothesis was confirmed, considering that Athos does not provide litigants with information and explanations regarding the proposed new principles. Tipo: Dissertação 2026-01-01T00:00:00Z http://repositorio.ufc.br/handle/riufc/86900 Título: Análise comparativa da negociação coletiva no Brasil e em Portugal: uma proposta de aprimoramento da regulamentação brasileira de prevalência do negociado sobre o legislado. Autor(es): Bruxel, Charles da Costa Abstract: The overall objective of this research is to formulate, considering the collective autonomy of will and the impossibility of collective bargaining becoming an instrument for the precariousness of labor relations, a concrete proposal for improving Brazilian regulations regarding the prevalence of collectively negotiated agreements over legislated law, based on a comparative analysis of Brazilian and Portuguese law. The specific objectives of this thesis are: to investigate the conditions for the prevalence of collectively negotiated agreements over legislated law in Portugal, based on international, constitutional, and legal aspects; to ascertain the conditions for the prevalence of collectively negotiated agreements over legislated law in Brazil, taking into account international, constitutional, and legal aspects; to compare the models of prevalence of collectively negotiated agreements over legislated law adopted in Brazil and Portugal, identifying similarities and differences in the treatment of the subject, and, taking into account delineated criteria, pointing out the successes and shortcomings of each country in dealing with the subject; to develop a concrete proposal, based on the Portuguese experience and the delineated criteria, for improvements to Brazilian regulations on the matter. This research is classified as basic, qualitative, explanatory, bibliographic, and documentary, and predominantly follows the comparative and deductive methods of scientific approach. After testing the hypotheses and conducting the analyses, it was concluded, in summary, that: although in Brazil and Portugal there is ample opportunity for negotiated agreements to prevail over legislation when collective bargaining does not suppress or diminish rights guaranteed by law, there is a maximum limit, albeit rarely applied, to the expansion of legislated rights; the validity of the prevalence of collectively negotiated agreements over legislated law in Portugal, when there is suppression/diminution of rights guaranteed by legislation, depends on respect for the minimum subsistence level for workers, which is substantially guaranteed by Portuguese law; the Portuguese model, in addition to guaranteeing greater scope for the doctrinal and jurisprudential definition of state norms that are part of the notion of a minimum subsistence level for workers that cannot be reduced/suppressed through collective bargaining, presents a broader minimum subsistence level for workers than the Brazilian one; the Brazilian minimum subsistence level for labor is not limited to the list in art. 611-B of the CLT (Consolidation of Labor Laws); even when, in Brazil, it is abstractly possible to reduce or eliminate a certain legislated right through a collective bargaining agreement, the removal or limitation of the legislated right will only be valid, in practice, if the instrument brings proportionally beneficial counterparts to the worker; the proposed improvement of the Brazilian model of prevalence of collectively negotiated agreements over legislation involves ending the purported exhaustiveness of the list in art. 611-B of the CLT, importing the formula adopted by the CT/2009 (Labor Code of 2009), which makes the possibility of fitting legal norms within existing classification possibilities more open and dynamic, and expanding the scope of art. 611-B of the CLT. Finally, the methodology adopted proved satisfactory, making it possible to achieve the programmed objectives in depth. Tipo: Tese 2026-01-01T00:00:00Z http://repositorio.ufc.br/handle/riufc/86822 Título: Locação social por PPP e o direito à moradia: uma análise crítica e dialógica das experiências de São Paulo e Recife no cenário brasileiro Autor(es): Ventura, Anamaria Pereira Morais Abstract: This thesis critically analyzes the ineffectiveness of the right to housing in Brazil and assesses the feasibility of social rental through public–private partnerships (PPPs) as a mechanism to guarantee this fundamental right. In the face of a persistent housing deficit—predominantly characterized by excessive rent burdens and the growing financialization of urban space— traditional housing policies focused on homeownership have proven insufficient, perpetuating socio-spatial segregation. The research, qualitative, exploratory, and descriptive in nature, employed bibliographic and documentary approaches, complemented by a comparative case study. The experiences of PPPs in social rental in the city of São Paulo (the Paulista Housing PPP under the “Pode Entrar” Program) and the Morar no Centro project in Recife (in the structuring phase) were analyzed. The results indicate that, while social rental presents itself as a promising alternative for the decommodification of housing, the promotion of urban inclusion, and tenure security for low-income populations, its implementation via PPPs entails significant risks of financialization. The São Paulo case showed how weaknesses in governance, the lack of clear planning, inadequate risk allocation, and the diversion of resources can compromise social objectives, resulting in the delivery of a minimal number of housing units. Conversely, the Recife project, still in its design phase, projects a more explicit alignment with public purposes, seeking urban regeneration and social inclusion in central areas, although it still faces potential challenges regarding public participation and the balance between social aims and market logic. It is concluded that PPPs are not inherently the best alternative, but they can be viable and necessary tools, provided they are structured, regulated, and supervised by a robust State, with an explicit commitment to subordinating private capital profitability to the social function of housing and to human dignity, through effective governance, citizen participation, integration with other policies, and comprehensive sustainability. Tipo: Tese 2026-01-01T00:00:00Z http://repositorio.ufc.br/handle/riufc/86648 Título: Cartas para devassar: a jurisdição criminal dos governadores-gerais do Brasil (1650-1700) Autor(es): Farias, Delmiro Ximenes de Abstract: The governors-general of the State of Brazil were prominent representatives of the Portuguese Crown in the 17th century. They received a portion of the monarch's powers for the purpose of administering the colony. Among these powers were certain judicial functions, although judicial proceedings were formally the responsibility of other officials. Criminal jurisdiction was the duty of juízes ordinários (ordinary judges), ouvidores (magistrates), juízes de fora (royal judges) and desembargadores (high court judges). Based on this context, this study questions whether the governors-general could act in devassas (judicial inquiries) and how they did so. The objectives of this research are, first, to analyze the political and normative reasons that allowed the governor-general to act in devassas, and, second, to understand how this intervention occurred. To this end, the study utilizes letters from the Documentos Históricos collection of the National Digital Library of Brazil (volumes 3 to 7), as well as documents recovered from the Overseas Historical Archive (Arquivo Histórico Ultramarino) by the Projeto Resgate, specifically the Bahia Luísa da Fonseca series. Furthermore, Codex 245 of the Cartas da Bahia from the same archive was examined. This work also draws upon the provisions of the Philippine Ordinances (Ordenações Filipinas) regarding the Casa de Suplicação (House of Supplication) in Portugal and the two charters (regimentos) of the High Court (Tribunal da Relação) in Bahia, in addition to specialized literature. The regimentos of governors-general Tomé de Sousa, Francisco Giraldes, Gaspar de Sousa, and Roque da Costa Barreto are also analyzed. In the first part of the work, the foundations and the functioning of criminal justice during the period under study are examined. The second chapter investigates the powers of the governors-general of Brazil, particularly their jurisdictional capabilities, notably regarding the administration of criminal justice, by examining the normative reasons behind their criminal jurisdiction. The third chapter focuses on the mode of operation of these authorities and analyzes the role of these letters within the political and normative communication network of the Portuguese kingdom. As a result, it is demonstrated that the governor-general, within the scope of the Tribunal da Relação, performed the same role as the regedor of the Casa de Suplicação, namely, presiding over it. There were numerous provisions in the regimentos allocating criminal jurisdiction, which underscores the clear possibility of the governor-general intervening in criminal matters. From the analyzed documents, orders issued by governors-general stand out, directing specific officials to open devassas, carry out arrests, grant release, or even instances where the governors-general themselves granted pardons. Among the crimes involved, the study highlights homicide and those associated with the terms “revolution,” “revolt,” “mutiny,” “disobedience,” and “resistance.” In several letters, the governor-general ordered that the papers resulting from the devassas be forwarded to him, stating that he would personally proceed “as justice requires” (como for de justiça). Furthermore, it is established that these letters were part of a communication chain linking the metropolis, the general government, local administration, and private individuals, thereby integrating a broader dispute over power and normative production. Finally, the defended thesis is that the governors-general could act in criminal proceedings because a portion of royal regalia and jurisdiction was delegated to them. The letters, while constituting sources of such power, also demonstrated its practical application, especially regarding crimes that threatened the established political order. Criminal proceedings thus functioned as strategic resources within the political disputes of the 17th century. Tipo: Tese 2026-01-01T00:00:00Z