http://www.bdtd.uerj.br/handle/1/3589 2026-10-11T05:29:53Z http://www.bdtd.uerj.br/handle/1/26319 Título: Interesse público e direitos fundamentais: o caso da suspensão de segurança Autor: Lopes, Raphaela de Araújo Lima Primeiro orientador: Pereira, Jane Reis Gonçalves Abstract: Being a procedural shortcut that the State can use in defense of the public interest, the stay of the mandamus often clashes with fundamental rights, without the possibility of discussing the merits of the issue. The stay of the mandamus has been present in the Brazilian legal system for eighty years, and despite its recurring impact on fundamental rights and its central focus on the concept of public interest, it has nevertheless received little attention from the field of Public Law. Therefore, this research aims to examine the legal foundations of the stay of the mandamus, analyzing its regulations, history, and requirements, as well as the debate in administrative law theory on the concept of public interest. The theoretical reflections can be seen with greater clarity through the exposition of a concrete case, namely the duplication of the Carajás Railway, between Pará and Maranhão. The main problems identified were the political nature of the instrument, as considered by the jurisprudence of the Superior Court of Justice (STJ) and the Supreme Federal Court (STF), and the interpretation of the harm to the public economy, due to the prioritization of public finances or the patrimonial interests of private actors. This work argues for the need to reinterpret the public interest in light of the Constitution, including the recognition of social and economic rights. Beyond reflections from the field of constitutional theory, we seek to engage with the thought of Hannah Arendt and her commentators on the distinction between the public and private domains, in order to bring some elements to build a constitutionally adequate concept of public interest. Instituição: Universidade do Estado do Rio de Janeiro Tipo do documento: Tese 2025-11-28T00:00:00Z http://www.bdtd.uerj.br/handle/1/26318 Título: Obstrução à justiça ou justiça à obstrução: uma análise do processo legislativo e da estrutura do tipo penal Autor: Ferreira, Mário Alexandre de Oliveira Primeiro orientador: Batista, Nilo Abstract: The thread of the present work lies in the concern arising from the successive attempts to criminalize conduct classified as “obstruction of justice”, once autonomously nonexistent in our legislation and, effectively, modernly, still unknown in our legal reality, especially with regard to the exercise of the legal defense in its both aspects: the self-defense and the technical defense, and the political activity, culminating in a spectacular scenario of criminal cases through the mass media and the social networks. Faced with a vague and imprecise legal text, we seek to analyze the criminal policy underlying the norm and, mainly, the legislative process that implied its issue. We also seek aspects related to the typicality, because of the the difficulties of filling the constant elements of the offense, potentially givers the atypicality of the conduct and vices of unconstitutionality, with emphasis on the disproportionate penalties abstractly comminated to the offense. In the scope of the research, there was almost complete absence of discussions regarding the respective offense and the prevalence of the decisive influence of the action of other penal agencies in comparison to deliberations among parliamentarians. In addition to the distortion of the UN Convention against Transnational Organized, that established the criminalization of the obstruction of justice, we could observe successive attempts to expand the scope of the application of the offense, which should be restricted to the pre-procedural investigation phase, but whose punitive power extends it to the procedural phase. Given the number of related conducts, the existence of the offense is unnecessary, since it creates numerous conflicts with a lot of other offenses, considered specials in comparison to the obstruction of justice. It is bibliographical research, with exploratory and theoretical matrices, whose primary objective was to investigate the incompatibilities between the art. 2º, §1º, with the Constitution. It is expected that, at the end of the reading of this research, the conclusion about the unconstitutionalities will be easily available. Instituição: Universidade do Estado do Rio de Janeiro Tipo do documento: Dissertação 2022-05-17T00:00:00Z http://www.bdtd.uerj.br/handle/1/26304 Título: Travessias não-bináries e intersexo: disputas pela requalificação civil de gênero e pela cidadania no Brasil Autor: Ozorio, Kayê Anu Vasconcellos Primeiro orientador: Gonçalves, Guilherme Leite Abstract: This dissertation analyzes how the “sex-gender” category operates as a technology of social regulation, articulating the recognition and exclusion of trans, nonbinary, and intersex people in the reproduction of capitalist relations. The resurgence of anti-trans legislation is interpreted as part of an offensive that reinscribes the female/male binary as an absolute normative parameter, restricting the field of intelligibility of dissident identities. The historical reconstruction demonstrates that “sex” is not a natural datum but a social and political construction that sustains hierarchies and naturalizes inequalities. The research demonstrates that law, far from being a neutral mediator, functions as an ambivalent operator: while it recognizes, it simultaneously limits, produces legal subjects, and reproduces formal and material inequalities. This dynamic results in selective and tutelary inclusion, turning recognition into a mechanism of governance. The autoethnographic approach makes visible how this apparatus manifests itself in bureaucratic everyday life, producing precarity as a structural condition for accessing citizenship for the nonbinary trans population. The conclusion is that gender self-determination requires not only legal reforms but also a broader social transformation that affects the very forms of capitalist reproduction. Instituição: Universidade do Estado do Rio de Janeiro Tipo do documento: Tese 2025-09-30T00:00:00Z http://www.bdtd.uerj.br/handle/1/26294 Título: A pessoa humana na sociedade do valor: crítica da responsabilidade civil extrapatrimonial Autor: Guimarães, Vynicius Pereira Primeiro orientador: Gonçalves, Guilherme Leite Abstract: The present thesis aims to analyze non-pecuniary civil liability from a critical perspective, taking it not only as an instrument for the protection of the human person, but as a constitutive element of the socio-legal reproduction of the value society. Starting from the theoretical arsenal of the critique of political economy, the work investigates the advent, in modern society, of the social form of personality. Subsequently, the study analyzes, on the basis of doctrinal, legislative, and jurisprudential records from countries of the Romano-Germanic tradition, the manner in which the set of existential predications of the human person assumes juridical expression, which, in private law, has consolidated in the form of personality rights. Thus, the research makes explicit the way in which personality, an eminently social attribute, comes to present itself as a natural and intrinsic property of the human person, an object of protection by the legal order. Thereafter, the research turns to the reconstruction of the historical movement of the origin, development, and expansion of non-pecuniary civil liability and its emancipatory promises, examining the limits of readings circumscribed to the horizon of legal positivism. By displacing the gaze from the apparent dimension of the institution, the thesis makes explicit its reverse side, that is, the manner in which non-pecuniary civil liability operates mechanistically to integrate the existential attributes of the human person into the circuit of the value accumulation, especially in the historical conjuncture in which the cycle of accumulation of financial hegemony prevails, thereby exposing the manner in which the diffusion of compensation for moral damage is consonant with it. Instituição: Universidade do Estado do Rio de Janeiro Tipo do documento: Tese 2026-03-23T00:00:00Z