Intrépido: Iniciação Científica

Judicial activism and the limits of judicial interference in legislative and executive functions

Moisés de Souza Gomes — Wed, 11 Mar 2026 00:00:00 +0100

This paper analyzes the phenomenon of judicial activism and the limits of the Judiciary’s interference in legislative and executive functions, focusing on the role played by the Supreme Federal Court (STF). The relevance of the topic stems from the increasing involvement of the Judiciary in matters traditionally assigned to the Legislative and Executive branches, a phenomenon that has sparked intense debate about the boundaries of constitutional jurisdiction and the balance between Powers. From a methodological perspective, this is a documentary and bibliographic study with a qualitative approach. The historical-critical method was adopted to contextualize judicial activism in Brazil, complemented by jurisprudential analysis of emblematic cases and a theoretical-deductive comparison of doctrinal currents regarding the separation of powers, democratic legitimacy, and the contours of constitutional jurisdiction. The study shows that judicial activism can serve as a mechanism for the realization of fundamental rights, especially in the face of legislative inertia, but it also presents democratic risks when exceeding the Judiciary’s constitutional competencies. It concludes that although judicial activism is legitimate, it faces the challenge of balancing the protection of fundamental rights with the preservation of the separation of powers, through criteria of judicial self-restraint and the strengthening of democratic and institutional processes.

The probative value of the victim's testimony in cases of sexual violence

Agda Nicole Lucy Caldas Silva, Carlos Henrique Passos Mairink — Wed, 11 Mar 2026 00:00:00 +0100

This study examines the probative value of the victim's testimony in sexual crimes in light of the principle of free judicial discretion (persuasion), the precedents of the Superior Court of Justice (STJ), and Law No. 13,431/2017. Through bibliographic research and jurisprudential analysis, it is demonstrated that the STJ grants special relevance to the victim’s account, provided it is supported by minimum corroboration from other elements (internal consistency, absence of spurious motives, revelation testimonies, and, when available, expert reports). Convictions based exclusively on fragile or merely indirect evidence are prohibited. STJ Precedent (Súmula) 7 limits the re-examination of facts and evidence in special appeals, preserving the assessment made by lower courts as long as it is duly reasoned. Law No. 13,431/2017 qualifies the collection of testimony from children and adolescents (special testimony), reducing revictimization and reinforcing epistemic reliability without suppressing the right to an adversarial process and full defense. Admissibility limits (illicit evidence and borrowed evidence with an adversarial process) are reaffirmed. The study concludes that the required decision-making standard is that of a "probative mosaic": the victim's word can be decisive when it converges with other elements under rational reasoning and respect for the presumption of innocence; in the absence of minimum corroboration, acquittal is mandatory (in dubio pro reo).

The Rehabilitative Function of Imprisonment

Lindiene de Oliveira Santiago, Carlos Henrique Passos Mairink — Wed, 11 Mar 2026 00:00:00 +0100

The resocializing function of deprivation of liberty is intertwined with the analysis of the prison environment and the fundamental constitutional principles of the human person. This is because, when studying deprivation of liberty and the Brazilian prison system, it is noted that normative theory and practical reality do not align. According to international and national legislation, deprivation of liberty, among its many functions, must fulfill a resocializing role. However, the practice reveals itself to be quite different, and this function of the penalty has not been fulfilling its purpose, failing to provide minimum conditions for the inmate's social reintegration. In this sense, the relevance of this study is based on the need to identify the real conditions that the prisoner endures in the Brazilian prison environment, as well as the repercussions this reality causes in the prisoner's life, their family's lives, and in society. Furthermore, it is essential to identify the role and obligation of the State to ensure a healthy prison environment and provide conditions for social reintegration. If constitutional guarantees are not enforced in the prison environment, the system will perpetuate the ineffectiveness of deprivation of liberty sentences, which have been suffering from various inadequacies. It is concluded that the current model is flawed and that structural measures must be adopted so that the penalty can minimally fulfill its resocializing function.

Emergency relief and the (in) effectiveness of its applicability in Brazilian civil procedure

Amanda Rodrigues Gonçalves, Carlos Henrique Passos Mairink — Wed, 11 Mar 2026 00:00:00 +0100

The general objective of this work is to analyze the functionality and admissibility of urgent relief in Brazilian civil procedure, highlighting its importance in guaranteeing rights and mitigating risks of harm. The provisional remedies introduced in the 2015 Code of Civil Procedure represent a significant innovation. Thus, this study is dedicated to examining the functionality and admissibility of urgent relief in Brazilian civil procedure, emphasizing its role in safeguarding rights and reducing the dangers of harm. This procedural instrument has been established as a cornerstone of effectiveness in judicial delivery within a system that frequently faces delays. Urgent relief requires certain fundamental prerequisites to be observed when granted, such as the likelihood of the right and the risk of harm or of an unfavorable outcome in the process. Furthermore, the types of urgent relief—anticipatory and precautionary—have particular characteristics, with a fundamental distinction between their satisfactive or protective nature. Therefore, it can be said that urgent relief emerged to enable prompt judicial intervention, seeking to balance the need for speed with legal certainty and due process of law. Without this instrument, procedural delays would render the protection of countless rights unfeasible. For this reason, the correct application of legal requirements is necessary to prevent indiscriminate and abusive use of urgent relief, thereby ensuring legal certainty and respect for the adversarial principle.

Effectiveness of laws combating cyber crimes

Lorrane Rodrigues Becalli, Carlos Henrique Passos Mairink — Wed, 11 Mar 2026 00:00:00 +0100

The continuous advancement of technology has directly impacted the legal world, especially with the rise in the practice of cyber crimes. The widespread use of the internet, which expanded after the pandemic, has highlighted new legal conflicts and challenges, particularly regarding the collection of evidence and the identification of those responsible for such offenses. With increased internet access, virtual crimes have become more common and often result in personal and material damages. This study briefly explored the alleged (in)effectiveness and impunity associated with cyber crimes, as well as the difficulties in identifying their perpetrators. The lack of specific regulations to adequately punish certain behaviors in the virtual environment exacerbates this issue. The main objective of the study was to examine the possible impunity of cyber crimes and discuss the legal implications of this phenomenon within the Brazilian legal system. Specific goals include analyzing the concepts and legal nature of cyber crimes, reviewing relevant legislation and legal doctrine, and exploring proposals to improve the punitive system. The relevance of this research is justified by the growing debate surrounding the punishment of virtual crimes, which represent a serious social problem in the digital context.

Sentence Commutation in Brazil

Thayane Remigio da Silva, Carlos Henrique Passos Mairink — Wed, 11 Mar 2026 00:00:00 +0100

This paper aims to analyze the pathways and criteria for granting sentence commutation in Brazil, reflecting on its function within the penal system and its impact on social reintegration. Initially, the legal and procedural requirements that guide the granting of commutation are presented, highlighting the importance of the convicted person's compliance with objective and subjective conditions. The study then addresses the relevance of public policies, highlighting how prison resocialization and education programs strengthen the effectiveness of this institution, contributing to reducing recidivism. Furthermore, the public perception of commutation is discussed, analyzing how social legitimacy influences its application and the public's trust in the justice system. Furthermore, the legal framework is detailed, showing how current legislation seeks to balance security, justice, and humanity in criminal execution. Finally, international parallels are presented, allowing for the identification of best practices that can improve commutation in Brazil. Thus, it concludes that, although challenges exist, commutation represents an essential instrument for humanizing sentences and promoting social reintegration in a fair and effective manner.

Voluntary limitation of the exercise of Personality Rights

Ailton Estevam de Oliveira, Caíque de Oliveira Santos — Wed, 11 Mar 2026 00:00:00 +0100

legal system. Since early legal thought, the protection of human existence has been a central concern, and personality rights have emerged as essential mechanisms to safeguard human dignity. The study aims to analyze how these rights may be voluntarily restricted, considering both the principle of human dignity and the social function of Civil Law. The research is grounded in classical civil law theory and the constitutional framework that places human dignity at the core of Brazil’s legal system. It uses a qualitative methodology, applying the deductive method, and relies on bibliographic (doctrine and legislation) and documentary (case law) research.The article highlights the transformation of Brazilian Civil Law, which moved beyond the patrimonial focus of the 1916 Civil Code toward alignment with the 1988 Federal Constitution. Personality rights are generally non-transferable, non-waivable, non prescriptible, and unavailable, underscoring their intrinsic connection to the human person. Although Article 11 of the Civil Code states that the exercise of these rights cannot be voluntarily limited, legal scholarship and case law recognize the possibility of self-limitation in specific circumstances. The article concludes that voluntary limitation of personality rights is a legitimate expression of private autonomy, so long as it respects legal boundaries and the values of the democratic rule of law, ensuring that freedom does not become a means of subjugation or instrumentalization of the human person.