Faculdade de Direito de São Bernardo do Campo Review

THE PROTECTION OF THE HEALTH OF THE CHILD WHO SUFFERS FROM AME DISEASE IN THE LIGHT OF THE STJ

Yasmin Rodrigues Araújo — 2025-07-31

This article examines the protection of the health of children with Spinal Muscular Atrophy (SMA) from the perspective of the decisions of the Superior Court of Justice (STJ). The study seeks to understand how the STJ approaches the protection of the health of these children, analyzing its judicial decisions and positions in related cases. The research highlights the importance of the right to health, enshrined in the Federal Constitution of 1988, and how this right is guaranteed to children. It also explores the judicialization of health and the challenges associated with access to high-cost medications, often necessary for the treatment of SMA. Using the case study methodology, the article investigates specific decisions of the STJ to illustrate the practical application of the right to health and judicial intervention. The structure of the work is divided into four chapters: the first deals with the right to health and its protection for children; the second addresses the judicialization of health and high-cost medicines; the third analyzes in detail the decisions of the STJ; and the fourth presents the final considerations, discussing the implications of these decisions and suggesting possible improvements for the protection of children's health. This study contributes to a better understanding of the complexities of health judicialization and provides valuable insights for legal practitioners, policymakers, and researchers.

A IMPRESCRITIBILIDADE DOS DIREITOS DA PERSONALIDADE

Leonardo Estevam de Assis Zanini — 2025-07-31

O presente artigo realiza um estudo focado na imprescritibilidade dos direitos da personalidade. Trata-se de pesquisa que utiliza metodologia descritiva e dedutiva, baseada fundamentalmente em revisão bibliográfica e na investigação da legislação. Após a compreensão da concepção clássica, adotada pela legislação de 1916, e da regulação dada pelo Código Civil de 2002 aos institutos da prescrição e da decadência, o trabalho analisa o chamado critério científico para a distinção da prescrição e da decadência. Em seguida, o texto estuda o problema da imprescritibilidade dos direitos da personalidade, demonstrando que não existe um prazo para o exercício de tais direitos, mas que as pretensões patrimoniais que deles decorrem estão sujeitas à prescrição. Por fim, ao mesmo tempo em que a pesquisa se ocupa de aspectos teóricos e práticos da imprescritibilidade dos direitos da personalidade, também busca instigar o leitor a procurar soluções no direito estrangeiro para problemas existentes no Brasil.

LUHMANN'S SYSTEMIC THEORY:

Isabela Guimarães — 2025-07-31

This article seeks to analyze the general conceptualization of Niklas Luhmann's systematic theory, highlighting the interdisciplinary approach used to understand society as a set of autopoietic and self-referential systems. Furthermore, the four main types of system will be discussed and exemplified, with an emphasis on autopoietic systems and the characteristics that shape them, especially the social system. Within this, we will discuss the legal and political subsystems, demonstrating the interdependence and self-reference of these subsystems and how they carry out mutual exchanges of information, without compromising their autonomy, through structural coupling, which is done through the Federal Constitution. It will also be shown that the Constitution is merely an interconnection mechanism that mediates between law and politics. Finally, it makes a point of explaining the high risks of “code corruption”, which occurs when the system abandons its internal logical operation to adopt that of another system.

THE BAILOUT GAME OF THE PUBLIC DEBT IN CANADA, UNITED STATES, MEXICO, AND GERMANY

Arthur Basso Galli — 2025-07-31

Fiscal relations within a federated state are highly complex, and the issue of public debt is even more relevant since the allocative freedom of subnational entities can affect macroeconomic stability. Therefore, this article will study whether the legal form of interfederative limitation established by the central government in renegotiations with state governments influences the guarantee of greater financial availability for public investments by member states while also allowing greater stability. The research will use bibliographical review and the study of specific cases as methods, such as the Bremen and Saarland crisis in Germany, the Financial Strengthening Program of States in Mexico, the Saskatchewan crisis in Canada and the New York crisis in the United States. The objective of this article is to verify how interfederative debt is regulated and whether the established fiscal policies guarantee greater or lesser financial autonomy, using as criteria the legal form by which these relations are established and the state institutions of federative relationship. It was concluded that the legal form has little influence on financial autonomy after renegotiations, with the current political context and the federal power of influence being much more dependent.

NEM SERVA, NEM OBJETO

Jéssica Ditta Borges — 2025-07-31

ABSTRACT

This article aims to emphasize the importance of guaranteeing women’s rights, in line with the principle of human dignity. Aiming to end the culture of oppression, gender violence and wage inequality. Evaluating the effectiveness and applicability of laws referring to women’s rights, addressing what can be improved and how much we still need to advance so that women become in fact free, within a society that historically oppresses them in different ways.

Keywords: women’s rights, gender violence, wage inequality.

TWO CONCEPTS TO ANSWERABILITY: RESPONSABILITY AND INFORMATIONAL DUE PROCESS

Felipe Bizinoto Soares de Pádua — 2025-07-31

Answerability, or explainability, is an institute born from the reflexes of 4th Industrial Revolution in the field of Tort Law. Conceived as one of the meanings of responsability, answerability has a foundation that goes beyond civil liability and is of a constitutional character. From this new foundation that arises the notion of right to justification as informational due process.

CORRUPÇÃO E FRAGILIDADE ESTATAL

Gabriel Marques — 2025-07-31

The central aim of this study was to ascertain if there is a correlation between the perceived level of corruption in a given state and its respective indicators of fragility. The hypothesis posited was that there would be a significant correlation between corruption and factors such as the availability of public services or uneven economic development. In other words, the higher the level of corruption, the lower the indicators relating to the addressed issues would tend to be. Utilizing a quantitative analysis of linear regression, the dependence between data from two indexes was measured: the Corruption Perceptions Index ("CPI") from Transparency International ("TI") and the Fragile States Index ("FSI") from The Fund for Peace ("FFP"). As an initial result, it was observed that a country's vulnerability seems to depend on its degree of corruption, in the sense that the more corrupt it appears, the greater its fragility tends to be. Subsequently, by using the sub-indexes of the FSI itself, the examination was deepened to verify that there seems to be a direct relationship between: (i) corruption and the debility of public services; and also between (ii) corruption and economic inequality. Thus, it was concluded that corruption does indeed exert pressure on important spheres of the state, be they institutional, political, economic, or social – ultimately, making the country considered as a whole more fragile.

FROM OVER-INDEBTEDNESS TO INSOLVENCY

Fabio Barreto — 2025-07-31

The Law No. 14,181/2021 is a milestone in tackling over-indebtedness in Brazil by introducing a renegotiation procedure for consumer debts. The progress reveals, however, that there are still several other debts owed by individuals that are not covered by a specific collective bargaining mechanism other than civil insolvency. The legal framework aimed at legal entities appears to be more comprehensive and socially appropriate, by prioritizing the social role of the company and prioritizing economic reintegration. This article seeks to analyze the current Brazilian legal system collectively treats civil debts for answering whether there already exists a natural persons recovery and bankruptcy microsystem.