http://www.bdtd.uerj.br/handle/1/3590 2026-03-05T16:49:54Z 2026-03-05T16:49:54Z Queiroz, Marcelo http://www.bdtd.uerj.br/handle/1/25376 2026-03-02T13:33:31Z 2025-07-10T00:00:00Z

Título: A paralisação de grandes obras públicas na cidade do Rio de Janeiro: o seguro-garantia como instrumento eficaz de execução contratual Autor: Queiroz, Marcelo Primeiro orientador: Aieta, Vânia Siciliano Abstract: The thesis sheds light on the problem of abandonment of public works. With the intention of mitigating the gap between city management and citizens, it is intended to demonstrate that the implementation of constructions conducted by public authorities is closely linked to the consecration of public interest in its most modern conception. Therefore, solving this historical obstacle in the Brazilian reality is the same as returning the city to its citizens, since the lack of management or the preponderance of private interests turns into real problems for the population. From the perspective of large-scale public works contracts carried out in the Municipality of Rio de Janeiro, from 2017 onwards, this thesis will evaluate solutions and mechanisms that contribute to the advancement of projects, revealing that the modeling of bidding and the instruments applied must be aligned with the direction of efforts to deliver results for the plurality of society's interests, enshrining the right to the city, which refers to the idea that all people have the right to actively participate in urban life, contribute to the definition and transformation of spaces urban areas and enjoy the benefits that the city offers in an equitable and democratic way. In this sense, the problem will be investigated based on the survey of diagnoses on the abandonment of public works made available by the Municipal Court of Auditors, the study of literature about the insurance guarantee institute as an effective instrument in contractual compliance, the legislative analysis regarding the proposition of minimum percentages of policy requirements and jurisprudential research, in order to observe how the legal system privileges the public interest when in conflict with free competition, which is why the percentage of insurance guarantee policy for the completion of public works , established by Law No. 14,133/2021, must be revisited. Thus, this research seeks to contribute to the adequate application of the principles in national legislation, revealing the impact of the stoppage of public works on the development of cities and, also, on guaranteeing fundamental rights to citizens. Instituição: Universidade do Estado do Rio de Janeiro Tipo do documento: Tese

2025-07-10T00:00:00Z Santos, Bruno Faraco dos http://www.bdtd.uerj.br/handle/1/25375 2026-03-02T13:32:05Z 2025-12-19T00:00:00Z

Título: Estética e criminologia: estudo sobre a forma romance a partir do jovem György Lukács Autor: Santos, Bruno Faraco dos Primeiro orientador: Béze, Patrícia Mothé Glioche Abstract: This dissertation examines the points of convergence between critical criminology and literary criticism through a reading of the early works of György Lukács, focusing on the form of the novel as a vehicle for critiquing the world of convention and its institutions. Unlike the more common approaches that connect criminology and literature by emphasizing thematic content, this study seeks to ground that relationship in the form of the artwork itself, understood as the locus capable of apprehending the social dimension within literature. The discussion begins with the Hungarian philosopher’s writings on the epic in modernity, particularly in his collection of essays Soul and Form, to trace the development of his ideas in The Theory of the Novel, where he explicitly addresses crime and punishment in the development of the great epic. Through the novel form, Lukács articulates a critique of the experience of alienation that defines the modern world. In this sense, the novel as the form that expresses “transcendental homelessness” must mediate between the solitary individual and a disenchanted world resistant to the penetration of their ideas, ultimately functioning, through its very composition, as a critique that exposes the nullity of a world governed by conventions. Furthermore, the dissertation analyzes selected novels from the typologies developed by Lukács in order to show how formal construction enables a critique of second nature. Thus, the work demonstrates how the novelistic form in Lukács makes possible a critique in the fiel of aesthetics endowed with criminological relevance. Instituição: Universidade do Estado do Rio de Janeiro Tipo do documento: Dissertação

2025-12-19T00:00:00Z Rocha de Mello, Paula http://www.bdtd.uerj.br/handle/1/25338 2026-02-25T18:27:11Z 2025-03-28T00:00:00Z

Título: Direito de regresso do coautor e do responsável indireto: uma análise do art. 942 do Código Civil Autor: Rocha de Mello, Paula Primeiro orientador: Guedes, Gisela Sampaio da Cruz Costa Abstract: The study, to be conducted through doctrinal and case law research, aims to examine Article 942 of the Brazilian Civil Code from two perspectives: (i) joint liability among joint tortfeasors and (ii) joint liability of direct and indirect tortfeasors. In both cases, the study will analyze the criteria for determining the amount owed by each co-obligor, to be assessed in a recourse action. Scholars and courts have addressed the matter in an insufficient, obscure, and technically flawed manner, leading to unpredictability and, at times, unjustified disparate treatment of similar situations – contrary to the legal certainty guaranteed by Article 5 of the 1988 Federal Constitution. This study seeks to develop, based on the civil-constitutional methodology, what is deemed the most appropriate interpretation of the subject, providing objective parameters to assist judges in resolving disputes on the matter in a consistent and well-founded manner. Instituição: Universidade do Estado do Rio de Janeiro Tipo do documento: Dissertação

2025-03-28T00:00:00Z Hartmann, Diego http://www.bdtd.uerj.br/handle/1/25299 2026-02-20T15:14:51Z 2025-03-17T00:00:00Z

Título: A tomada de decisão recursal. Influxos do princípio dispositivo e do efeito translativo sobre o viés recursal das partes Autor: Hartmann, Diego Primeiro orientador: Rodrigues, Marco Antônio dos Santos Abstract: The paper aims to demonstrate that the decision to appeal is substantially influenced by the interrelation between the dispositive principle and the translative effect, two doctrines that, although belonging to the normative sphere of civil procedure, decisively impact the parties’ motivation to file appeals. This influence is mediated by economic and psychological factors, which constitute the so-called appellate biases – particularly those arising from the heuristics of availability and representativeness, which distort the perception of risk and benefit, thereby altering the appellate strategy adopted by the litigants. The dispositive principle ensures that the matter to be examined by the court is limited to what has actually been presented by the parties, restricting judicial intervention to this previously delineated scope. The translative effect allows the reviewing body to ex officio consider public order issues not challenged by the parties, thereby broadening the scope of the review and, consequently, increasing the uncertainty regarding the appeal’s outcome. We attempt to demonstrate that the expansion of the appellate object is a crucial factor affecting the parties’ decisions, contributing to the formation of an appellate bias that may either discourage the filing of appeals or, alternatively, encourage their use in a dilatory manner. Economic analysis of law is employed in the research to show that the decision to appeal is not based solely on purely legal considerations but also on a cost-benefit analysis in which the litigant weighs financial costs, procedural expenses, and the risks associated with the potential alteration of the lower court’s decision. This economic perspective complements the analysis of cognitive biases, as the perception of costs – both financial and psychological – may be distorted by the ease with which previous cases are recalled, thereby amplifying the availability bias. The paper investigates issues related to legal certainty and procedural efficiency. By permitting the reviewing court to examine ex officio issues not challenged by the parties, the appellate system may create an environment of uncertainty that undermines litigants’ confidence in the stability of judicial decisions. This uncertainty, in turn, affects the decision to appeal, as the party begins to fear that, by seeking a review, its situation may be further aggravated, thus representing an unanticipated additional cost. Finally, we conclude that the integration of mitigating measures – including the disclosure of appellate indexes, the restructuring of conditions for access to legal aid, and the reduction of broad legal contracts – can create a more balanced and predictable appellate system. In such a system, the influence of the availability and representativeness biases is minimized, thereby fostering an environment in which litigants, supported by objective data and robust economic analysis, adopt more rational and less dilatory appellate strategies, ultimately contributing to the improvement of the procedural system. Instituição: Universidade do Estado do Rio de Janeiro Tipo do documento: Dissertação

2025-03-17T00:00:00Z