http://bibliotecatede.uninove.br/handle/tede/40 Sun, 05 Apr 2026 10:10:53 GMT 2026-04-05T10:10:53Z 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 Thu, 18 Dec 2025 00:00:00 GMT http://bibliotecatede.uninove.br/handle/tede/3950 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 Mon, 15 Dec 2025 00:00:00 GMT http://bibliotecatede.uninove.br/handle/tede/3917 2025-12-15T00:00:00Z http://bibliotecatede.uninove.br/handle/tede/3900 Título: A reconfiguração funcional do protesto extrajudicial no Brasil: consensualidade, tecnologia e a nova estrutura da tutela do crédito (2018-2024) Autor: Pacífico, Ana Raquel Sampaio Primeiro orientador: Maciel, Renata Mota Abstract: This dissertation examines the functional reconfiguration of extrajudicial protest in Brazil between 2018 and 2024, analyzing how the incorporation of technology and the introduction of negotiation-based and consensual mechanisms have transformed its profile and expanded its relevance within the credit-protection system. It investigates the broadening of the functions of protest, particularly after the digitalization implemented by CENPROT, the procedural modernization consolidated by the Provisions of the National Council of Justice, and the incorporation of negotiation measures introduced by the Legal Framework of Guarantees. Through a qualitative approach and documentary analysis, the study reconstructs the historical trajectory of the institute, identifies its contemporary legal foundations, and discusses its integration into the multi-door justice model. The research employs an empirical-descriptive method based on official data produced by ANOREG/BR and IEPTB/BR, adopting criteria of reliability, uniformity, and national scope to measure the volume of titles submitted, nominal values, and asset-recovery rates. The selected time frame enables an understanding of the impact of modernization on the efficiency of protest, highlighting the continuous growth of its use by both public and private creditors and the consolidation of informational infrastructures capable of reducing costs, increasing transparency, and strengthening predictability in obligational relationships. Based on the integrated analysis of normative sources, institutional structure, and statistical data, the study provides a comprehensive view of the contemporary role of extrajudicial protest in credit protection, conflict rationalization, and the improvement of the economic environment, demonstrating its relevance within the legal infrastructure that sustains the circulation of wealth in the country. Instituição: Universidade Nove de Julho Tipo do documento: Dissertação Wed, 17 Dec 2025 00:00:00 GMT http://bibliotecatede.uninove.br/handle/tede/3900 2025-12-17T00:00:00Z http://bibliotecatede.uninove.br/handle/tede/3899 Título: O tratamento do adiantamento de contrato de câmbio na recuperação judicial e na falência Autor: Rangel, Fernando Antonio Lira Primeiro orientador: Maciel, Renata Mota Abstract: The motivation behind the central research problem lies in the complexity and significance of the legal treatment of claims within judicial reorganization and bankruptcy proceedings. These legal institutions, governed by Law No. 11,101/2005, aim primarily to offer economic solutions to companies in crisis and to reconcile the interests of preserving business activity with the satisfaction of creditors. It is questioned how the credit arising from the advance contract of the exchange contract should be analyzed in the context of the judicial reorganization or bankruptcy process? The objective of the research is to analyze the maintenance of the nature of the exchange advance contract and its submission to the effects of judicial reorganization or bankruptcy, in the light of the legal provisions and the jurisprudence carved by the Judiciary, in the event of non-execution of the operation backed by the credit arising from this type of contract. The deductive method is used, through a qualitative approach, through the review of specialized doctrines on the subject, such as works, scientific articles, dissertations and theses, as well as a documentary review through the reading of legal regulations and judicial decisions. As a result of the research, it is concluded that the advance on foreign exchange contract (ACC), due to its legal nature and economic function aimed at promoting exports, retains its extraconcursal status even within judicial reorganization proceedings. The preservation of Article 75 of Law No. 4,728/1965 by Law No. 14,286/2021 confirms the normative coherence and systemic relevance of these operations for credit stability and the legal certainty of Brazilian foreign trade. This study offers several benefits: for society, it may contribute to the modernization and streamlining of judicial reorganization processes, leading to a more efficient economy; for legal professionals, it may open new research avenues, encouraging the use of innovative technologies in law and increasing the accuracy of judicial decisions. Moreover, in the academic field, this work fosters future debates, such as those concerning ethics and regulation in the use of artificial intelligence in the legal domain. Instituição: Universidade Nove de Julho Tipo do documento: Dissertação Wed, 03 Dec 2025 00:00:00 GMT http://bibliotecatede.uninove.br/handle/tede/3899 2025-12-03T00:00:00Z