http://bibliotecatede.uninove.br/handle/tede/40 2026-05-17T08:54:03Z http://bibliotecatede.uninove.br/handle/tede/3972 Título: Os ODS, da agenda 2030 da ONU, nas delegações do serviço público de registro de imóveis Autor: Rodrigues Neto, Assuero Primeiro orientador: Benacchio, Marcelo Abstract: This thesis aims to analyze how the delegations of real estate registration services contribute to achieving the Sustainable Development Goals established by the UN's 2030 Agenda. Initially, the legal institutions inherent to human rights will be examined in detail, with a special focus on the human right to sustainable development. Following this, the public service of real estate registration, the exercise of which is granted to private individuals by delegation, will be addressed, in addition to the specificities of the legal regime and development of the activity, elucidating its characterization as sui generis, given its atypical nature within the legal system. Having addressed the qualification of the activities carried out by the delegates of public real estate registry services, the focus will be on the legal regime of the publicity of acts registered in the records of the real estate registry service, and how this can contribute to maintaining an ecologically balanced environment. Using a deductive method, starting from the theoretical frameworks of sustainable development as a human right and understanding the Real Estate Registry as an agent of extrajudicialization and as a repository of secure information that reflects the true legal status of real estate, the research addresses how such offices act to enable certain goals of some of the SDGs. Under a historical analysis, we will discuss how the Land Registry has become a very important factor in achieving social peace and economic development, whose publicity also fulfills the noble mission of protecting the rights of non-property owners. Finally, we specifically address some acts already performed by land registrars, demonstrating that, concretely, such action can already be observed. The research allowed the conclusion that the delegation of land registry services is sui generis, finding its basis in its own constitutional provision. Going further, whether through its actions or through the publicity of legal situations, given the practice of acts by the land registrar, it presents itself as an active agent in important benchmarks for sustainable development. Instituição: Universidade Nove de Julho Tipo do documento: Tese 2026-04-04T00:00:00Z http://bibliotecatede.uninove.br/handle/tede/3971 Título: A accountability social como mecanismo de saneamento de mercado: a proteção da livre concorrência e o combate à seleção adversa nas contratações públicas Autor: Menezes, Edloy Primeiro orientador: Souza, José Fernando Vidal de Abstract: This doctoral thesis investigates the reconfiguration of the control system in Brazilian public procurement under the framework of the New Bidding and Contracts Law, proposing social accountability as a structural element for administrative integrity and the cleansing of the business environment. The study starts from the diagnosis of the exhaustion of the "defensive formalism" model of the repealed law that governed the matter, whose emphasis on procedural bureaucracy proved incapable of containing systemic corruption, fostering the economic phenomenon of "adverse selection," through which inefficient or dishonest companies drive ethical economic agents out of the public tender. From an interdisciplinary perspective, the research is anchored in theories to reframe transparency as an instrumental freedom indispensable to human development and the protection of fundamental rights; concurrently, it uses political realism to demonstrate that, in the context of Brazilian delegative democracies, social control acts as a mechanism of "vertical activation," breaking the inertia and co-optation of horizontal control institutions. The thesis argues that citizen vigilance, empowered by the open data technology of the National Public Procurement Portal (PNCP), projects direct effects on Business Law by drastically raising the reputational and legal risk of fraud. It is concluded that social accountability acts as a market cleansing mechanism, protecting real free competition against the abuse of economic power and valuing the social function of the company. By imposing entry barriers to opportunism and transforming corporate integrity (compliance and ESG) into a requirement for economic survival, social control reconnects market efficiency to democratic legitimacy, consolidating the ideal of a high-intensity democracy. Instituição: Universidade Nove de Julho Tipo do documento: Tese 2026-04-10T00:00:00Z http://bibliotecatede.uninove.br/handle/tede/3950 Título: A tutela dos direitos do consumidor, como expressão da dignidade da pessoa, em face da vulnerabilidade causada pela Covid-19 Autor: Sahyoun, Nacoul Badoui Primeiro orientador: Marques, Claudia Lima Abstract: The Consumer Protection Code, product of a long global historical evolutionary process, has enshrined fundamental rights safeguarding the dignity of the person within the national legal system, by virtue of an express constitutional provision. To this end, contractual principles aimed at respecting the basic needs of the person and enabling their healthy development were emphasized, in observance of the constitutionalization of civil law. Consumer legislation constitutes a microsystem that is not hierarchically subject to other legal statutes; however, it maintains a connection and interpenetration in a permanent dialogue to ensure the prevalence of the social function of the law. There is a conflict between the principle of the binding force of the contract (pacta sunt servanda) and the theory of excessive onerousness (hardship; rebus sic stantibus), which gives rise to the imperativeness of contractual revision. However, the Consumer Protection Code is in need of legislative refinement regarding the enactment of capable norms that provide effective instruments fostering autonomy and standing, rendering the consumer immune to infringement, even when facing crisis situations caused by unforeseeable and extraordinary factors. Furthermore, there is a need to create a specific emergency fund, subsidized by the productive sector, to mitigate the deleterious effects of such events. Legislation enacted during the pandemic, although formally constitutional, failed to observe consumerist and constitutional principles by prioritizing the productive sector to the detriment of the consumer, proving to be substantively contrary to the norms of the Consumer Protection Code. Nevertheless, court jurisprudence safeguarded the fundamental rights of the consumer. There is a need to reaffirm the principles of the Consumer Protection Code through the enactment of legislation protecting the fundamental rights of the consumer. Instituição: Universidade Nove de Julho Tipo do documento: Tese 2025-12-18T00:00:00Z http://bibliotecatede.uninove.br/handle/tede/3917 Título: A obrigatoriedade do uso de inteligência artificial pela administração pública: em busca de um desenho regulatório eficiente Autor: Reis Júnior, Senivaldo dos Primeiro orientador: Araújo, Valter Shuenquener de Abstract: This dissertation deals with the mandatory hiring of Artificial Intelligence (AI) by the Public Administration, considering technological advances and their legal, economic, ethical and political implications. Throughout the work, we sought to demonstrate that the introduction of AI in the public sector transcends the field of technological innovations, revealing itself as a necessity imposed by the constitutional principles that govern Public Administration, with emphasis on the principle of efficiency. Initially, a historical and conceptual overview of the evolution of AI is outlined, with the aim of contextualizing the impact of this technology on the public sector. Next, the compatibility of AI implementation with constitutional principles is analyzed, especially the principles of morality, impersonality, adaptability and supremacy of the public interest. The dissertation also addresses the ethical and legal challenges involving the use of automated algorithms, highlighting the importance of a regulatory framework that ensures transparency and control over automated decisions. In the economic field, the benefits that AI can bring to Public Administration are discussed, both in terms of cost reduction and increased efficiency. The impacts of AI on administrative transparency, accountability and the fight against corruption are also explored. Despite operational challenges, such as the need for employee training and cultural resistance, it is argued that the mandatory adoption of AI by Public Administration is an inevitable and constitutionally necessary step. In conclusion, the obligation of AI in public management is a demand imposed by the very principles that govern the Brazilian State, and its implementation is essential to guarantee a more modern, efficient and responsive administration to the needs of society. Therefore, the acceptance and imposition of the use of AI in Public Administration is not just a technological trend, but a constitutional and ethical requirement, which aims to optimize public management for the benefit of the collective interest. Instituição: Universidade Nove de Julho Tipo do documento: Dissertação 2025-12-15T00:00:00Z