LIBERTAS: Journal of Applied Social Sciences

Crimes that Attempt Against Freedom of Belief in Brazil as a form of Violation of Fundamental Rights and Guarantees

Samara Nardis de Oliveira — 2024-12-13

This article discusses the violation of fundamental rights and guarantees in Brazil, addressing crimes that attack freedom of belief. It explores how this freedom is guaranteed by the 1988 Federal Constitution, highlighting the right to the free exercise of
religion and protection against discriminatory acts. The study analyzes the role of the State in promoting secularism and respect for religious diversity, in addition to examining Brazilian legislation, such as the Penal Code, which typifies crimes against freedom of belief. The research seeks to answer the question: how has the Brazilian State acted incombating crimes against religious freedom? The hypothesis suggests that prejudice facilitates the commission of crimes of intolerance. In the end, it is a secular state, efforts are still needed to apply criminal norms and strengthen public policies that promote
education and religious tolerance. Qualitative methodology was used with analysis of documentary sources and interpretative approach to the data collected. The work aims to contribute to reflection on the need for greater protection of the right to freedom of belief, seeking to foster respect for a religious diversity in a democratic society.

The CIVIL RESPONSIBILITY OF PARENTS FOR THE EXPOSURE OF CHILDREN IN THE VIRTUAL ENVIRONMENT

Igor Patrick Soares Ribeiro — 2024-12-13

This study aims to analyze the civil responsibility of parents for exposing their
children in the virtual environment, with a focus on the possibility of holding them accountable based on the legal concept of abuse of rights. The research investigates how parents' actions in allowing or promoting their children's exposure on social media can constitute a harmful practice to the minors' rights, considering the violation of the principles of the inviolability of private life and the best interest of the child. To this end, the concepts of parental authority,right to image, civil responsibility, and abuse of rights were explored, assessing to what extent parents' conduct can be considered excessive and detrimental to the development and well-being of their children in the exercise of parental authority to the detriment of their children's rights. Additionally, the role of parental supervision in the digital context and the legal implications of actions involving the exposure of children and adolescents on the internet were analyzed. Inconclusion, it is determined that, in cases of abuse in the use of social media by parents, there is a basis for civil liability, considering that disproportionate conduct can cause harm to the minor and, therefore, justify the intervention of the legal system to protect their rights.

THE IMPACTS OF ARTIFICIAL INTELLIGENCE ON THE JUDICIARY

Marcus Vinícius José Gomes — 2025-03-24

This paper aims to analyze the main impacts of using artificial intelligence in the judicial system, especially the issues of transparency and explainability in judicial decisions. In this legal context, the importance of applying computer technology is notorious, which has grown over the years and continues to undergo adaptations and adjustments to better adapt to the legal reality, such as the electronic process system. However, the great highlight is the benefits provided by artificial intelligence, among them procedural speed, economy, agility and for providing ease of access to the judiciary. However, some adverse situations arise in this scenario related to ethics, legal certainty and principles, such as transparency and explainability. And the research problem of this work focuses on the clashes arising from the use of the AI tool that is related to the problem of transparency and explainability in judicial decisions. It is society's right to value impartiality and justice in trials, and a case study was even presented that demonstrated how ethical deviations are possible in the face of a judicial decision made by AI, without human supervision. Therefore, since this work deals with ethical and legal issues in the judicial system, it was essential to discuss the regulation of Artificial Intelligence by specific law, which is currently being deliberated by the National Congress. Finally, this work advocates the use of ethical guidelines, transparency and explainability in judicial decisions when using artificial intelligence, that is, it is a tool that has come to assist in judicial decisions, with the aim of ensuring and maintaining efficiency, trust and the well-being of society in decisions, and not replacing the interpreters of the rights of the Judiciary.

Family Holding as a Succession Planning Instrument – Tax and Corporate Aspects

Gustavo Helano Alves Pereira — 2024-12-13

The family holding company is a legal and financial structure used to establisha company intended to fully or partially control other organizations, without directly participating in the economic activities carried out by these controlled companies. Based
on this system, the article presents a critical approach to the family holding company, showing how this tool can be applied in the face of a family asset succession, aiming to obtain better organization in succession planning, reduction in tax expenses and consequent preservation and protection of assets. The concept of family holding company is presented, showing its origins, regulations, classifications and objectives. Through the succession, tax and corporate approaches of this relevant instrument, its effectiveness, advantages and benefits in relation to the traditional succession model are considered.
Thus, it is expected that this will be the natural path for the future of family businesses regarding family asset succession.

COMPENSATORY FOODS WITH A GENDER PERSPECTIVE: an analysis of the procedural moment for its establishment in light of the Trial Protocol with a Gender Perspective

Graziele Daiane Lucas — 2024-12-13

This article aimed to analyze the appropriate procedural moment for establishing
compensatory alimony within the current Brazilian system of law, considering cases of
economic imbalance affecting women due to divorce. The study is based on doctrines of
Brazilian Civil Law and Family Law, as well as an analysis of the Gender Perspective Judgment Protocol of the National Council of Justice (CNJ in Portuguese). The research aims to reflect on the practical applicability of this Protocol, which was created as a public policy measure to combat gender inequality. The effective implementation of the Protocol is necessary to promote women's empowerment and the fight for women's rights.

Framing Digital Constitutionalism

Luiz Henrique Diniz Araujo — 2024-12-13

This paper exploring Digital Constitutionalism launches a series of articles on the topic of democratic control and enforcement of fundamental rights in the internet environment. This introductory paper analyzes Digital Constitutionalism as a new feature and moment of Constitutional Law. In order to accomplish this task, it shall take into consideration rights, duties and powers in the digital environment. In the network and algorithmic society, big techs and their global social platforms (e.g. Facebook, Twitter, Amazon, TikTok) occupy a relevant space that congregates traditional public authority powers in a private system. It is in this intersection that the concept of Digital Constitutionalism can be seen as a way of bringing democratic and constitutional control to the environment of public and private digital powers.

Valuation of a Football Limited Society (SAF): Proposal for measuring the Value of a club.

Vitor Borges Monteiro — 2024-12-13

This paper aims to explore the topic of valuation in a Football Anonymous Society (FAS), addressing partial and total spin-off as strategies to strengthen football clubs and discussing relevant aspects for estimating the value of a sports team. Through two hypothetical flowcharts, we illustrate the spin-off processes in different scenarios. Additionally, we propose a comprehensive methodology, considering elements such as net worth, relevant assets, discounted cash flow, and "Market Entry Value," along with attributing a percentage value to the intangible aspect of the club. Analyzing these factors allows for a more comprehensive understanding of valuation in FASs and assists managers and investors in making strategic decisions for the sustainable development of football clubs.