LIBERTAS DIREITO
https://periodicos.famig.edu.br/index.php/direito
<p>O Centro de Ensino Superior de Minas Gerais -Cesmig, por meio das suas mantidas: Faculdade Minas Gerais - FAMIG e FACULDADE DE ENGENHARIA DE MINAS GERAIS - FEAMIG , participa do movimento sinérgico que potencializa expertises e cria no presente novas oportunidades de crescimento e de futuro.</p> <p>A LIBERTAS DIREITO, nasceu da necessidade de segmentação e, principalmente, da especialização dos assuntos levados ao debate acadêmicos e publicados, por meio de sua “<em>mater</em>”, qual seja: LIBERTAS: Revista de Ciências Sociais Aplicadas.</p> <p>A LIBERTAS DIREITO terá publicação de periodicidade, ao inaugurar uma ruptura com sua “<em>mater</em>”, abre um espaço, especializado, de discussão de temas atuais, com a qualidade que é peculiar do selo “LIBERTAS” da Famig e Feamig, cujo escopo é, e sempre será, de fomentar a produção científica, proporcionando, assim, uma sólida formação de toda a comunidade acadêmica.</p>Faculdade Minas Gerais (Famig) | Av. do Contorno, 10185 - Prado, Belo Horizonte - MG, 30110-067pt-BRLIBERTAS DIREITO2764-7595Aplicação da introdução do estudo ao Direito no ensino médio
https://periodicos.famig.edu.br/index.php/direito/article/view/898
<p>The central analysis of this study focuses on discussing the relevance and feasibility of introducing the study of Law into secondary education, which could be used as an instrument for strengthening citizenship and promoting social justice. Developed through theoretical and documentary research, the study analyzes the role of legal education as a mechanism for democratizing knowledge, promoting social inclusion, and consolidating democratic values. Throughout the work, it is possible to observe that the lack of legal knowledge among young people is one of the main causes of misinformation and political alienation, which contributes to the weakening of social participation and civic awareness. This research revisits classic concepts of state theory and social function, addressing authors such as Locke, Hobbes, Bobbio, and Bonavides, and articulates them with the thought of Paulo Freire and Miguel Reale, highlighting the role of education as a tool for human emancipation. It argues that legal education, when applied in an accessible and contextualized way, should not aim to produce graduates, but to prepare citizens aware of their rights and duties, capable of acting critically in their social environment. The proposal engages with successful experiences, such as the "Law in School" project and actions developed by the Public Defender's Office, which demonstrate that it is possible to bring legal knowledge closer to the reality of students. The results indicate that the implementation of legal content in high school significantly contributes to the ethical and civic education of young people, promoting political engagement, respect for the law, and an understanding of the role of the State and democratic institutions. The research concludes that basic legal education is not only feasible but necessary for social development, the consolidation of democracy, and the effective implementation of the rule of law.</p>Alessandra Araujo Figueiró
Copyright (c) 2026 LIBERTAS DIREITO
2026-03-042026-03-0462Parental Alienation in Brazil
https://periodicos.famig.edu.br/index.php/direito/article/view/896
<p>This article aims to analyze the effectiveness of Law nº 12.318/2010, which addresses parental alienation in Brazil, considering the advances, limitations, and controversies arising from its practical application. The research seeks to understand whether the law, over more than a decade of its existence, has fulfilled its purpose of protecting the right of children and adolescents to a healthy family life, or whether it has become an instrument of distortion in judicial disputes between parents. The study adopts a qualitative and bibliographic approach, based on doctrines, scientific articles, and updated legislation, with an emphasis on the modifications introduced by Law nº 14.340/2022, which expanded protection mechanisms and reinforced procedural guarantees. The discussion is conducted from an interdisciplinary perspective, addressing psychological, social, and legal aspects of the phenomenon, as well as the role of the Judiciary and professionals in the fields of psychology and social work. The results indicate that, although the legislation represents an advance in the recognition of parental alienation as a form of psychological violence, it still presents weaknesses in its practical application, especially with regard to prevention and the adequate identification of cases. It is concluded that the repeal of the current law is not the most appropriate solution; rather, it is more pertinent to improve its application, based on prudent interpretations, interdisciplinary action, and public policies aimed at mediation and family psychological support.</p>Jaderson Rodrigo de Faria
Copyright (c) 2026 LIBERTAS DIREITO
2026-03-042026-03-0462Psychological violence against women and its legal consequences
https://periodicos.famig.edu.br/index.php/direito/article/view/901
<p>This work addresses psychological violence against women, focusing on the effectiveness of public policies and specific legislation aimed at confronting this form of violence. The research discusses the challenges in implementing legal instruments, the criminalization of psychological violence, and the effectiveness of protective measures in preventing and suppressing this type of crime. The research problem centers on evaluating whether existing public policies and current legislation are, in fact, able to prevent and hold aggressors accountable, considering the practical difficulties of application and victims' access to justice. The methodology adopted consisted of bibliographic and documentary research, analyzing legal doctrines, current legislation, judicial decisions, and reports from public bodies on violence against women. The analysis allowed for the identification of gaps in the effectiveness of public policies, challenges in the training of professionals working in the protection of victims, and the need to improve legislation to guarantee greater legal security and effective protection for women. In conclusion, the study highlights that, despite regulatory advances and the creation of specific public policies, there are still significant obstacles to the full effectiveness of these measures. Strengthening monitoring, standardizing service protocols, and providing ongoing training for public agents are essential.</p>Milena Santos Siqueira
Copyright (c) 2026 LIBERTAS DIREITO
2026-03-042026-03-0462The Protection of the Human Rights of Refugees and Migrants in the Context of International Law
https://periodicos.famig.edu.br/index.php/direito/article/view/899
<p>The protection of the human rights of refugees and migrants representes one of the main challenges of contemporany International Law. The increase in migratory flows and humanitarian crises in diferente regionsof the world demands legal and political responses based on solidarity, international cooperation, and respect for human dignity. This study aims to analyze the protection of the human rights of refugees and migrants within the contexto of International Law, emphasizing the role of the Brazilian State and the challenges faced in ensuring the effectiveness of these guarantees. The research adopts a qualitative approach with a descriptive and analytical character, based on bibliographical and documentar review, ising books, scientific articles, reports from international organizations, national legislation, and international treaties. The study demonstrated that, although significant normative advances have been achieved, the effectiveness of protection still depends on strengthening international cooperation, consolidating inclusive public policies, and improving institutional mechanisms. It was also found that promoting an ethical and humanitarian culture of reception is essential for refuge and migration to be treated as human rights issues rather than merely matters of state control. It is concluded that the full protection of refugees and migrants requires political commitment from States, multilateral cooperation, and the consolidation of social practices that ensure dignity, inclusion, and respect for diversity.</p>Ana Clara de Lima Luiz
Copyright (c) 2026 LIBERTAS DIREITO
2026-03-042026-03-0462A cadeia de custódia e a validade da prova penal no processo brasileiro
https://periodicos.famig.edu.br/index.php/direito/article/view/897
<p>This paper addresses the chain of custody of criminal evidence and its reflection in Brazilian jurisprudence, highlighting its centrality in guaranteeing the authenticity and integrity of evidence in criminal proceedings. The objective is to examine the regulation of the chain of custody introduced by Law No. 13.964/2019 (Anti-Crime Package), identify the interpretative parameters adopted by the Superior Courts, and discuss the legal consequences of a breach of the chain of custody. The study seeks to contribute to the debate on the effectiveness of evidentiary guarantees and to the standardization of jurisprudence, especially in light of the challenges brought about by digital evidence in the post-Anti-Crime Package context. This is a bibliographic and documentary research, with a qualitative approach, using doctrinal and jurisprudential analysis. The results demonstrate that the prevailing jurisprudence requires proof of concrete harm for the recognition of nullity, reflecting a balanced approach between the effectiveness of criminal prosecution and the protection of the defendant's rights. Strict adherence to the chain of custody is essential for the validity of evidence and the credibility of the criminal justice system. Therefore, the adoption of unified protocols that ensure the traceability and integrity of evidence, and the improvement of the handling of digital evidence, are recommended in order to guarantee the traceability and integrity of evidence.</p>Aparecida Borges Faria
Copyright (c) 2026 LIBERTAS DIREITO
2026-03-042026-03-0462Between fear and silence
https://periodicos.famig.edu.br/index.php/direito/article/view/895
<p>Domestic violence against women remains a structural problem in Brazil, shaped by gender, race, and class inequalities, and intensified in territories marked by conditions of social vulnerability. This article examines how residents of urban agglomerates in Belo Horizonte perceive domestic violence and how territorial vulnerability influences the normalization, persistence, and challenges involved in responding to this phenomenon. A qualitative approach was adopted, including bibliographic review, documentary analysis, and examination of official data, combining findings on lethality, institutional barriers, support networks, and territorial dynamics. The results show that fear, economic dependence, limited state presence, and symbolic distance between communities and institutions contribute to underreporting and hinder access to protection. The study concludes that public policies addressing domestic violence are only effective when they are territorialized, intersectoral, and built with the participation of the women who inhabit these areas.</p>João Carlos Anacleto Dias
Copyright (c) 2026 LIBERTAS DIREITO
2026-03-042026-03-0462The efficiency of public management in guaranteeing the rights to the benefit for temporary disability
https://periodicos.famig.edu.br/index.php/direito/article/view/902
<p>The Brazilian social security system, based on the constitutional principles of hu-man dignity and social security, aims to protect workers and their dependents against events that compromise their ability to support themselves. In this context, the temporary disability benefit is a tool to support insured individuals who, due to illness or accident, are temporarily unable to perform their work activities. However, the implementation of this right faces administrative obstacles, ranging from slow analysis of requests to denials that disregard the clinical reality of the insured indi-vidual, compromising social protection and access to social security. Thus, this pa-per aims to analyze the technical criteria that govern the granting of the temporary disability benefit, as well as the challenges faced by insured individuals, seeking to contribute to the legal and social understanding of the subject and to foster reflec-tions that can improve the management and guarantee of this fundamental right. The methodology used was the hypothetical deductive method, employing relevant investigations, doctrine, legal articles and current legislation as techniques.</p>Talita Petinga De Souza
Copyright (c) 2026 LIBERTAS DIREITO
2026-03-042026-03-0462Parental Responsibility in the Digital Age
https://periodicos.famig.edu.br/index.php/direito/article/view/900
<p>The digital age has profoundly transformed childhood, placing children in an environment filled with opportunities and risks. Easy internet access and the constant presence of digital devices require parents to take an active and conscious role in supervising their children's use of technology. This research discusses parental responsibility in the digital age by analyzing the legal, emotional, and social aspects of children's internet use. It highlights the importance of complying with legal obligations established by Brazilian law, such as the Child and Adolescent Statute (ECA), the Civil Code (CC), and the Federal Constitution (CF), while also emphasizing the consequences of digital negligence. Furthermore, the study explores the phenomenon of "sharenting" and the impacts of excessive exposure of children's images on social media. The research underlines the need for parents' digital literacy and the adoption of balanced practices that ensure children's safety and healthy development.</p>Adalgiza Gonçalves Porto
Copyright (c) 2026 LIBERTAS DIREITO
2026-03-042026-03-0462