Revista da Faculdade de Direito da Universidade Federal da Bahia

Apresentação

2024-11-22T16:33:04+00:00

A formação do direito canônico na idade média

2024-11-22T16:50:38+00:00

The present study seeks to understand the process of formation of the sources of Canon Law during
the period understood as the Middle Ages. To this end, the Middle Ages will be briefly analyzed,
sometimes misinterpreted and distorted, however, it was a period of profound creation in the cultural,
philosophical, theological and legal-political fields, leaving a legacy for civilization. The Middle Ages are
characterized as the classic age of Canon Law, mainly because it was a period of progress in theological
discussions and Law. It is known that many criticisms made of the Code of Canon Law are due to the
fact that many are unaware of its spirit, that is, they are left with only the letter, forgetting that the
canonical norm, according to Michele Giordano, needs to be interpreted in connection with the justice
willed by God and, second, Saint John Paul II, the heritage from which the source of the Church's legallegislative
tradition emanates, are the books of the Old and New Testaments. The Corpus Iuris Canonici
is made up of six collections and sought to systematize the norms given, mainly by the Councils and the
Roman Pontiffs.

A violência doméstica e familiar contra as mulheres no Município de Petrolina-PE

2024-11-22T17:00:43+00:00

The article investigated domestic and family violence in Petrolina-PE, examining the patriarchal aspect that pervades the local society. It analyzed the historical context of violence, highlighting the deeply rooted patriarchal structure in the community and the various types of violence, including the cycle of violence. Violence rates and the measures adopted by the public authorities in Petrolina-PE were evaluated, also considering data and the situation in Pernambuco. The study addressed violence during the COVID-19 pandemic, examining the possible increase in violence before, during, and
after the pandemic outbreak. It emphasized the importance of the issue for the community and the need for effective public policies to combat violence. The research, with a descriptive and exploratory approach, utilized bibliographic and qualitative documentary review along with quantitative data analysis. The goal was to provide a foundation for future academic studies on the topic and to assess the effectiveness of public policies in Petrolina and the state of Pernambuco. The study considered the margin of error and the underreporting of violence, emphasizing the need to promote discussions and concrete measures to prevent and combat domestic and family violence.

A despenalização da morte medicamente assistida no Brasil

2024-11-22T17:15:32+00:00

The study aimed to defend the autonomy of patients at the end of their lives in order to shorten the process of dying. With a qualitative approach and a
descriptive-explanatory objective, the research has a basic strategic purpose. Starting from the phenomenon of death, it used hermeneutic and deductive methods to seek a reasonable proposition to guarantee the fundamental individual rights of patients facing the end of life. To this end, the procedure adopted was bibliographical and documental, notably analysing constitutional, civil and criminal norms, as well as resolutions issued by the Federal Council of Medicine. From the illegality of dysthanasia to the promotion of orthothanasia, the decriminalisation of medically assisted death techniques - euthanasia and assisted death in the strict sense - was justified, ruling out the crimes of homicide and participation in suicide.

A aplicabilidade dos direitos e garantias fundamentais acerca dos povos indígenas do Brasil

2024-11-22T17:26:46+00:00

This article focuses on fundamental rights and guarantees, exposing their application to indigenous peoples in Brazil. The study in question provides a detailed analysis of the aspects and ineptitudes of the rules contained in Title II of the Federal Constitution, which should protect this important portion of the population. Starting by exploring the historical context that allowed the recognition of the indigenous people as individuals with rights, highlighting the milestones and struggles that culminated in this achievement. The article then moves on to a new topic that discusses the concrete application of fundamental rights and guarantees to indigenous peoples. In this section, a critical assessment will be made of how these constitutional norms were effectively applied and the challenges that indigenous
communities still face in maintaining and guaranteeing their rights. Finally, the article mentions the Indian Statute and the National Indian Foundation (FUNAI), showing how these entities have social and political relevance in defending indigenous rights and argues in favor of the need to strengthen public policies that can guarantee the application and the effective development of these guarantees.

Limites à liberdade de reunião e da autonomia privada

2024-11-22T17:46:51+00:00

The current covid-19 pandemic forces many countries like Brazil to apply restrictive measures that affect individual freedoms, such as freedom of assembly and private autonomy, privileging the promotion of the Right to Health, also qualified as a fundamental right. This policy induces violations of international human rights standards. However, compatible solutions can also be found in the international human rights conventions themselves, through the use of exception clauses, through the demand for fundamental duties, or through the promotion of proportionality legal solutions between international norms of the same value.

Limites da reforma da administração no Brasil Império

2024-11-22T17:56:53+00:00

This article explores the limits and transformations of public administration during the Brazilian Empire, particularly regarding the transition from management models based on offices to a centralized bureaucracy structured around public positions. The research highlights how Brazil’s state bureaucratization process was shaped by both the desire to centralize political control and the need to standardize and rationalize public administration. Using the thoughts of Visconde do Uruguai as an analytical anchor, the study investigates the role of legal language and the formalization of concepts in
sustaining central power and curbing provincial autonomy, examining how the regulation of positions and control over legal interpretation were essential tools for strengthening imperial power. Ultimately, the paper points to the political and financial obstacles that limited the implementation of a centralized and cohesive administrative model, revealing the lasting impact of traditional structures on the formation of Brazilian administrative law.