http://www.bdtd.uerj.br/handle/1/3590 2026-09-05T13:56:00Z 2026-09-05T13:56:00Z Domingues, Louise Lacerda de Brito http://www.bdtd.uerj.br/handle/1/26080 2026-08-31T13:08:52Z 2026-03-18T00:00:00Z

Título: Nota comercial como título de crédito e valor mobiliário para a captação de recursos no mercado de capitais pelas sociedades limitadas Autor: Domingues, Louise Lacerda de Brito Primeiro orientador: Alves, Alexandre Ferreira de Assumpção Abstract: The limited liability company is the most widely adopted corporate form among Brazilian business entities, although the development of the Brazilian capital market has historically focused on structuring fundraising instruments designed primarily for corporations. For a long period, there was no clear legal provision allowing limited liability companies to issue securities. The regulation of promissory notes for public distribution, especially following CVM Instruction No. 566/2015, expanded such access, but linked the instrument to item VI of Article 2 of Law No. 6,385/1976 under the designation of “commercial paper.” With the enactment of Law No. 14,195/2021, commercial paper came to be conceived as a credit instrument and security endowed with its own legal framework, which intensified the need for conceptual delimitation and for distinguishing it from promissory notes for public distribution and debentures. In this context, this dissertation examines the legal regime of commercial paper introduced by Law No. 14,195/2021 as a fundraising instrument for limited liability companies. The research adopts a qualitative approach and a deductive method, combining bibliographical and documentary research with the analysis of empirical data and concrete cases of issuances carried out in the Brazilian market. The dissertation seeks to contribute to the systematization of the legal framework of commercial paper, reduce the terminological confusion existing in doctrine and regulatory practice, and assess the suitability of the instrument as an efficient financing alternative for limited liability companies, especially as a mechanism for diversifying fundraising sources in the capital market. Instituição: Universidade do Estado do Rio de Janeiro Tipo do documento: Dissertação

2026-03-18T00:00:00Z Leite, Maria Duque Moura http://www.bdtd.uerj.br/handle/1/26064 2026-08-27T11:59:35Z 2019-02-22T00:00:00Z

Título: Reflexões sobre a imprescritibilidade no direito civil Autor: Leite, Maria Duque Moura Primeiro orientador: Moraes, Maria Celina Bodin de Abstract: This study examines the concept of prescription in Brazilian civil law by reevaluating its traditional foundation: legal certainty. It employs a methodology that combines a review of domestic and foreign literature with an examination of legislative reforms and an analysis of the case law of Brazilian courts and the Inter-American Court of Human Rights. The study demonstrates that moving beyond the abstract and formal conception of legal certainty resolves the apparent conflict between the certainty and effectiveness of rights and leads to the convergence of these values, with concrete implications for the starting point of the period of prescription and for the interpretation of the causes that bar, suspend, or interrupt the prescription. Next, the scope and effects of this legal concept are defined through an examination of the concept of a claim, the distinction between prescription and forfeiture, and the move beyond the traditional view of subjective rights. Based on these premises, the theory of the imprescriptibility of claims is reexamined, drawing on the provisions set forth in the Constitution of the Republic, doctrinal interpretations, and cases recognized by national and international case law. From an examination of these cases, common elements are identified, and the following parameters are outlined: (i) a claim for compensation for damages caused to interests protected under fundamental rights; (ii) the transindividual nature of the damages or their resulting consequences; and (iii) a factual context that objectively precludes the victims of the damage from taking legal action. In light of these parameters, it is argued that interpretive consistency requires that other balancing of conflicting interests in similar situations be subject to the burden of proof to verify the possible imprescriptibility. Finally, this study analyzes the application of these parameters to claims for compensation for personal harm resulting from crimes against humanity. Instituição: Universidade do Estado do Rio de Janeiro Tipo do documento: Dissertação

2019-02-22T00:00:00Z Ronay, Thamis Ávila Dalsenter http://www.bdtd.uerj.br/handle/1/26059 2026-08-26T10:10:25Z 2015-04-13T00:00:00Z

Título: Autonomia existencial na legalidade constitucional: critérios para interpretação da cláusula geral de bons costumes no Código Civil de 2002 Autor: Ronay, Thamis Ávila Dalsenter Primeiro orientador: Moraes, Maria Celina Bodin de Abstract: Search up to the present thesis the interpretation of the general clause of morality in Brazilian Civil Code in the light of the 1988 Federal Constitution Therefore, the reading of this concept of undetermined content covers the permanent tension between paternalism and autonomy checked whenever is present the state legal intervention in existential situations, and includes the analysis of the types of legal paternalism and checking which of these types would be best suited to serve as a parameter in the legitimacy demands on off-balance sheet autonomy. The research also involves specifying the morality incidence field, depending on the type of subjective legal situation and the impact that the act of autonomy can have on people's legal spheres to the holder. It also covers the definition of the concept morality as a general clause, including from a negative delimitation, mapping their differences from related institutions such as good faith, public order, social function and custom. The theme also involves the assessment of five specific hypotheses that have express provision of the legislature for the application of the general clause in the following areas: acts of disposal of the body, legal business and its accidental elements, abuse of rights, relations between tenants and relationships family Instituição: Universidade do Estado do Rio de Janeiro Tipo do documento: Tese

2015-04-13T00:00:00Z Queiroz, Rafael Vieira http://www.bdtd.uerj.br/handle/1/26058 2026-08-26T10:07:19Z 2026-03-31T00:00:00Z

Título: A cidade sob vigilância: limitação proporcional da privacidade como instrumento de proteção coletiva nas cidades inteligentes Autor: Queiroz, Rafael Vieira Primeiro orientador: Aieta, Vânia Siciliano Abstract: The incorporation of facial recognition technologies and algorithmic monitoring into public security policies has profoundly reshaped urban space within so-called smart cities. The expansion of these tools, driven by promises of efficiency and crime prevention, significantly enhances the State’s surveillance capacity while intensifying constitutional tensions concerning privacy and personal data protection. Contemporary debates frequently polarize between the absolute rejection of such technologies and their unrestricted adoption under claims of operational effectiveness. This dissertation seeks to move beyond this dichotomy, arguing that the central issue lies not in the technology itself, but in the normative and institutional conditions that structure its use. The research problem consists in determining to what extent the limitation of privacy, within the context of smart cities, may be legally conceived as an instrument of collective protection without compromising the essential core of fundamental rights. The hypothesis advanced maintains that the proportional restriction of privacy, when guided by a constitutionally legitimate purpose—particularly public security—and subject to structured, transparent, and accountable algorithmic governance, may contribute to strengthening collective protection in digitally mediated urban environments. The study adopts a qualitative and exploratory methodology, grounded in a comprehensive review of national and international scholarship, normative analysis of the Brazilian legal framework, and comparative examination of international regulatory models. Constitutional provisions, data protection legislation, technical documents, and institutional reports on digital surveillance were analyzed, alongside concrete experiences involving the implementation of urban monitoring systems. The research follows an interdisciplinary approach, integrating constitutional theory, administrative law, political philosophy, and critical studies on technology and society. The findings demonstrate that facial recognition constitutes a high-risk technology whose use requires more than formal legal authorization. It demands adequate institutional design, ex ante validation mechanisms, independent audits, technical traceability, qualified oversight, and substantial transparency. The application of the proportionality principle—understood not only in its classical formulation but also in its structural dimension—emerges as a central instrument for reconciling public security and privacy, preventing both indiscriminate deployment and abstract prohibition. The dissertation concludes that the proportional limitation of privacy, far from representing an abdication of guarantees, may function as a constitutionally structured mechanism of collective protection, provided it is embedded within a normative architecture capable of ensuring democratic oversight and respect for the essential core of fundamental rights. In doing so, the study offers theoretical and institutional parameters for the construction of an urban surveillance model compatible with the Democratic Rule of Law in the digital age. Instituição: Universidade do Estado do Rio de Janeiro Tipo do documento: Dissertação

2026-03-31T00:00:00Z