http://hdl.handle.net/11624/146 Sat, 28 Mar 2026 21:07:26 GMT 2026-03-28T21:07:26Z http://hdl.handle.net/11624/4226 Title: A proteção dos grupos em situação de vulnerabilidade pela jurisdição constitucional na perspectiva do constitucionalismo transformador e do ICCAL : a formação de uma comunidade de prática em direitos humanos a partir da incorporação das bases teóricas dos processos estruturais nos cursos de direito. Authors: Vargas, Eliziane Fardin de Abstract: The research proposes the incorporation, into law school curricula, of teaching the theoretical foundations of structural processes, in light of constitutional jurisdiction, transformative constitutionalism, and the Ius Constitutionale Commune in Latin America (ICCAL), considering the role of legal education in disseminating practices aimed at the protection of human rights and of groups in situations of vulnerability and structural discrimination. The investigation is conducted within the Graduate Program in Law — Master’s and Doctoral degrees — at the University of Santa Cruz do Sul, within the area of concentration Social Rights and Public Policies and the research line Instrumental Dimensions of Public Policies. It included the completion of a sandwich doctoral internship at the Faculty of Law of the University of Buenos Aires, under the Doctoral Sandwich Program Abroad (PDSE/CAPES), Selection Process nº 88881.933606/2024-01, Public Notice nº 30/2023, which contributed to the theoretical and comparative deepening of the research on processes. The study is based on the hypothesis that, although the National Curriculum Guidelines for Law Programs (DCNs) do not expressly require the inclusion of teaching on structural processes in the Pedagogical Course Projects (PPCs) of Law Programs, their interpretation implicitly opens space for incorporating this subject into Brazilian legal education, especially when guided by the need to train professionals capable of acting in contexts of structural litigation, directly related to the formulation, implementation, and oversight of public policies aimed at overcoming structural discrimination against vulnerable groups. The general objective of the research is, based on the provisions of the DCNs, to propose possibilities for inserting the teaching of structural processes into legal education, in order to train legal professionals committed to transformative judicial action, consolidating a community of practice in human rights oriented toward the protection of vulnerable groups, especially those who are victims of structural discrimination. As specific objectives, the research examines the contributions of the Ius Constitutionale Commune in Latin America (ICCAL), reconstructs the origins and development of structural processes in comparative law, analyzes their role in consolidating transformative constitutionalism, and finally evaluates strategies for their inclusion in undergraduate law curricula, as a mechanism for forming a community of practice in human rights — particularly through courses offered by Legal Higher Education Institutions (IESs) and through practical activities carried out within Legal Practice Centers (NPJs) and University Legal Clinics. For the development of the research, the hypothetical-deductive method of approach was employed, along with the analytical method of procedure and a combination of bibliographic and case-law research techniques. It is concluded that the DCNs do not expressly provide for the mandatory inclusion of teaching on structural processes in PPCs. However, a systematic interpretation of their provisions reveals the existence of implicit normative spaces that indicate the incorporation of this content into law curricula. The research identified and systematized alternatives for inserting the topic into the axes of technical-legal, practical-professional, and extension training, whether through integration into existing courses, the creation of specific curricular components, the activities of Legal Practice Centers, or the development of University Legal Clinics designed to operate from a structural perspective. Thu, 01 Jan 2026 00:00:00 GMT http://hdl.handle.net/11624/4226 2026-01-01T00:00:00Z http://hdl.handle.net/11624/4225 Title: Entre algoritmos e direitos fundamentais : a necessária articulação entre o Marco Legal da Inteligência Artificial e as políticas públicas de diversidade no enfrentamento da discriminação algorítmica de gênero no Brasil. Authors: Ferraz, Deise Brião Abstract: The doctoral research focuses on the Legal Framework of Artificial Intelligence in Brazil and its indispensable role in combating gender-based algorithmic discrimination. Bill No. 2,338/2023 has been taken as the proposed AI Legal Framework and will be the object of analysis in this thesis, since it is at an advanced stage of legislative proceedings, rendering other related bills ineffective and leading to their archiving.The scope of this analysis is algorithmic discrimination specifically directed against women, which must be specified given that gender is a category encompassing diverse experiences and bodies. Based on this scenario, the central research question is: Can the legal regulation of Artificial Intelligence, through a Legal Framework, adequately address gender-based algorithmic discrimination, including its prevention, while respecting Fundamental Rights? The general objective is precisely to analyze this problem. The initial hypothesis is a conditional affirmative, in the sense that regulation will only be able to address this challenge if accompanied by Public Policies on diversity. The specific objectives are as follows: to conceptualize gender through feminist theory, highlighting the mechanisms through which women are socialized and the overlapping intersectional markers of oppression that intersect with the category of gender; to present gender equality as a Fundamental Right, addressing material and substantive equality, as well as equity, while examining the main international conventions on gender ratified by Brazil, together with SDG 5 of the 2030 Agenda; to develop the necessary conceptualizations for understanding Artificial Intelligence and its learning processes within the selected scope, including an explanation of how gender-based algorithmic discrimination is produced or reproduced in automated decision-making; to list the bills under consideration in the Brazilian Congress aimed at regulating AI, with special emphasis on Bill No. 2,338 of 2023 and the path leading to its formulation; and to propose diversity-oriented Public Policies that should accompany the AI Legal Framework in Brazil in order to adequately confront gender based algorithmic discrimination, including its prevention. The investigation into the existence or absence of gender-based algorithmic discrimination will be carried out through a search process using the image-generation system based on Artificial Intelligence known as “Dall-E 3.” The search terms will be constructed on the basis of linguistically neutral conceptual categories defined within the chosen theoretical framework, in order to encompass expressions that, while seemingly neutral, carry symbolic meanings linked to gender stereotypes. Subsequently, after cataloguing the images generated by AI based on these searches, they will be subjected to the Documentary Method of Interpretation, located within empirical social research and refined by the German sociologist Ralf Bohnsack.The procedural method is monographic, employing bibliographical and documentary research techniques. Ultimately, the study will propose guidelines for the improvement of Public Policies aimed at fostering a non-discriminatory Artificial Intelligence, which may contribute to the Brazilian Artificial Intelligence Plan. The proposed theme is appropriate to the concentration area of Social Rights and Public Policies and to the research line Diversity and Public Policies of the Graduate Program in Law at the University of Santa Cruz do Sul, and it is aligned with the research developed by the advisor, Professor Doctor Marli Marlene Moraes da Costa. Thu, 01 Jan 2026 00:00:00 GMT http://hdl.handle.net/11624/4225 2026-01-01T00:00:00Z http://hdl.handle.net/11624/4224 Title: Direito à dignidade humana, vulnerabilidade e os territórios de morte na cidade de Santa Maria – RS : o juvenicídio entre 2018 e 2022. Authors: Zinn, Robson Luis Abstract: This research investigates the high rates of youth violence and lethality in Brazil, focusing on the city of Santa Maria/RS between 2019 and 2023. The thesis starts from the recognition that adolescents and young people, especially those aged between 15 and 29 who belong to the most vulnerable social classes, constitute the main group victimized by lethal violence in the country. The study aims to understand to what extent this youth mortality characterizes the phenomenon of juvenicide, highlighting the victims’ profiles and denouncing the need to improve public policies aimed at guaranteeing human dignity. The general objective is to analyze youth mortality and lethality in the municipality in order to propose strategies to combat violence. Among the specific objectives are: to contextualize the conditions of youth development in Brazil; to describe the historical and legal protection mechanisms for youth; to establish the conceptual foundations of juvenicide; to analyze local indicators of violence; and to propose public policy strategies to address youth lethality. The research, qualitative and exploratory in nature, employs deductive and systematic mapping methods of official information, drawing on databases such as the Mortality Information System (SIM), the Brazilian Forum on Public Security, and municipal health and social assistance data. The thesis is structured into five chapters: the first addresses the historical and social conditions of Brazilian youth; the second discusses the evolution of legal protection for adolescents and young people; the third examines the concept and causes of juvenicide; the fourth maps violence against youth in Santa Maria; and the fifth presents a critical analysis of youth public policies, with proposals for preventive and social inclusion measures. Inserted in the concentration area “Social Rights and Public Policies” and the research line “Diversity and Public Policies” of the Graduate Program in Law at UNISC, the study seeks to contribute to the understanding of juvenicide as an expression of Brazil’s structural inequalities and to the formulation of intersectoral public policies capable of reducing youth lethality and promoting the realization of human dignity. The results indicate that youth mortality in Santa Maria reflects the national pattern of victimization, predominantly affecting young, Black, poor males living in peripheral areas, thus revealing the persistence of structural inequalities and the insufficiency of effective public policies. The study concludes that juvenicide is not an isolated phenomenon but a direct consequence of social exclusion, penal selectivity, and state negligence. Therefore, it emphasizes the need for coordinated and continuous public policies based on the promotion of equity, social justice, and human dignity as essential means to confront youth lethality and ensure the right to life and full citizenship. Wed, 01 Jan 2025 00:00:00 GMT http://hdl.handle.net/11624/4224 2025-01-01T00:00:00Z http://hdl.handle.net/11624/4223 Title: O acesso à justiça e a mediação de conflitos sanitários : da adjudicação unilateral para o diálogo estruturado, democrático e orientado por evidências. Authors: Oliva, Thaís de Camargo Abstract: This study, developed as a doctoral thesis within the Graduate Program in Law (Stricto Sensu) – PhD in Law – in the concentration area of Social Rights and Public Policies, under the research line Instrumental Dimensions of Public Policies, at the University of Santa Cruz do Sul (UNISC), and supervised by Professor Fabiana Marion Spengler, PhD, addresses access to justice and the mediation of health-related conflicts, proposing a transition from unilateral adjudication to a structured, democratic, and evidence-based dialogue. The judicialization of health stands among the greatest contemporary challenges of the Brazilian justice system, as it strains the effectiveness of the fundamental right to health while undermining the administrative and budgetary rationality of the State. Thus, the research problem consists in understanding how structured, democratic, and evidence-based mediation can offer more adequate and sustainable solutions to health-related conflicts. More specifically, the study asks: How can mediation, conceived as a public policy for access to justice, overcome the strictly adjudicatory logic and reconcile procedural celerity, democratic legitimacy, and evidence-based effectiveness in the protection of the right to health between 2020 and 2024? What adjustments could be proposed for the consolidation of a standardized procedural model of health mediation at the national level? Accordingly, the working hypothesis assumes that mediation, when structured and guided by scientific criteria and democratic participation, is capable of providing more adequate and sustainable solutions to health-related conflicts than unilateral adjudication, thereby promoting more effective access to justice in line with the constitutional requirements of the right to health. The adopted methodology follows a hypothetico-deductive approach, employing the monographic method and bibliographic technique, grounded in relevant doctrine and legislation. The results indicate that mediation, as a mechanism of self-composition, when institutionalized as a public policy, has concrete potential to reduce the exclusive dependence on adjudicatory jurisdiction, fostering faster, more dialogical, and less costly solutions. The findings therefore point to the need to balance procedural efficiency and democratic legitimacy, valuing citizen participation, institutional dialogue, specialized training of mediators, and the integration of technical and scientific evidence as indispensable conditions for self-composition to consolidate itself as an effective instrument for the protection of the fundamental right to health. Finally, the study recognizes the persistence of regional inequalities, the shortage of qualified human resources, and the absence of systematic evaluation of agreement quality as limitations of the current model. Nevertheless, it concludes that access to justice in health will only be effective through the consolidation of a new procedural paradigm in which mediation and adjudication act in an integrated and complementary manner, shifting the focus from unilateral decision-making to structured, democratic, and evidence-based dialogue. Wed, 01 Jan 2025 00:00:00 GMT http://hdl.handle.net/11624/4223 2025-01-01T00:00:00Z