Revista Eletrônica do Curso de Direito da UFSM

Labor-environmental protection in manual sugarcane harvesting

2025-05-12T08:34:01-03:00

The article, based on the deductive method and techniques of bibliographic, documentary research, observation and semi-structured interviews, presents a review of the main risks and damages to the health, life and well-being of sugarcane cutters in brazilian agriculture, as well as presenting the main discussions about the rules and duties of rural employers to reduce these risks and aggressions. It is about the debate on the inclusion of breaks in sufficient number and time for the rest and recovery of these workers, the adaptation of living areas for human use, the end of payment for production in the activity of manual cutting of cane and the implementation of other effective preventive measures scientifically tested, all in order to prevent occupational diseases, accidents, reduced quality of life and deaths from exhaustion in the cane fields. It is possible to conclude that in the activity of manual sugarcane cutting, the prevention of risks and damages must be prioritized by sugarcane employers, as a way of protecting the life, health and well-being of the rural workers involved.

Specialized listening from the perspective of law no. 15,032, Of april 3, 2024: regulatory expansion of the protection of children and adolescents against sexual violence in sports

2025-08-19T15:41:45-03:00

The 1988 Federal Constitution enshrined the principle of comprehensive protection for children and adolescents, recognizing them as subjects of developing rights. However, sexual violence in the sports environment undermines these rights and reveals the fragility of the institutions responsible for guaranteeing them. Law No. 15,032, of April 3, 2024, makes the transfer of public funds to sports organizations conditional on the adoption of measures to prevent and combat sexual violence, representing progress in building safe environments. In conjunction with the specialized consultation provided for in Law No. 13,431, of April 4, 2017, the system of guaranteeing rights is strengthened, as mechanisms for support, prevention, and accountability are expanded. Therefore, the objective of this research is to analyze how Law No. 15,032, of April 3, 2024, in conjunction with specialized consultation, contributes to addressing sexual violence against children and adolescents in sports. This is basic research, which uses indirect documentation using bibliographic sources and document analysis, with descriptive and explanatory objectives. The results indicate that regulatory integration strengthens protection and prevention practices, conditions public funding to compliance with institutional protocols, and increases the effectiveness of specialized listening in different social settings. The conclusion is that the new law’s central contribution lies in the creation of concrete prevention and accountability mechanisms, which, when combined with specialized listening, consolidate an important step forward in strengthening comprehensive child and youth protection in the sports arena.

Inferences on the three dimensions of Agrarian Reform in Brazil: development, social policy, and the right to food

2025-07-25T18:57:19-03:00

The aim of this study is to identify the three nominated "faces" of the Agrarian Reform in Brazil, from the historical contexts and the laws in force at the time of the periods: the military dictatorship of 1964; 1985 Constituent Assembly; and the Promulgation of the Brazilian Constitution of 1988. This study started from the problem that the process of land distribution in Brazil has always been consolidated by numerous agrarian conflicts between landowners and peasants. The inductive method was used to draw general conclusions on the conflicting support of the land and complemented the historical method based on bibliographies that were based on the theme of Agrarian Reform. It was concluded that in the period of the military dictatorship and the validity of the Land Statute, the Agrarian Reform had a developmental bias, since in the Constituent Assembly in 1985 it was summing up in a social policy of rapprochement of man to the reality of the field. Finally, in the 1988 Constitution, agrarian reform presented itself as a policy for the realization of the right to food.

Keywords: Developmental; Right to food; Social policy; Agrarian reform.

Legal education and the symbolic power of legal professions: points and counterpoints on paths that law students wish to follow after graduation

2023-11-22T10:21:09-03:00

The crisis in legal education and the purpose of law students at the end of the course are phenomena that need further attention. With the use of the inductive method and theoretical north in Pierre Bourdieu, field research was carried out and it was concluded that approximately one third of the graduates interviewed only intends to participate in a public tender at the end of the Law course, not directed to a legal profession only. It is understood that there is the exercise of symbolic power by an arbitrary way of inculcating students, legitimized by the dominant classes (faculty, job market and preparatory courses for public tender), which transmit their cultural arbitrary as the ideal to be reproduced.

Legal and practical challenges of the prison system for indigenous peoples: a structural measure for a multipolar conflict

2025-08-28T14:12:57-03:00

The research addresses the legal treatment of indigenous people in the criminal scenary, especially about how they serve a sentence, from the perspective that it is a structural problem. The penitentiary system in Brazil is on a “unconstitutional state of affairs”, which has made it impossible to implement a lot of legal guarantees for prisoners in general and regards to indigenous people, there is an aggravated situation, as the state’s structure is inadequate not only for the basic guarantees, but also for those specific to this population. Therefore, through bibliographical research, the problem was analyzed as a structural dispute, to better identify its particularities as well as possible alternatives for its gradual solution. It was concluded that it is useful to face the issue as a collective dispute of local dissemination, to be approached by structural decisions theoretical framework. In the case of Dourados/MS judicial district, an alternative was applied, in which the convicted indigenous in lighter prision regimes undergo house arrest, within the “aldeia” (native village), with different duties according to the specific rigor of each prisional regime. It is immediately applicable and guarantees the observance of some rights of this population, as well as encouraging other state actors to present alternatives in the future.

The instrumentalization of the seizure of cryptoassets in the brazilian procedural legal scenario

2025-05-12T08:15:47-03:00

This paper analyzes the legality of seizing cryptoassets under Brazilian procedural law, and seeks to define its methods and effectiveness. The text is the result of monographic research that scrutinized doctrinal, legislative, and jurisprudential sources on the subject. Structured in three sections, the first presents the concept and legal nature of cryptoassets in light of the regulation by the “Marco Legal dos Criptoativos” (Law No. 14,478 of December 21, 2022). Subsequently, it discusses the legality of such seizures, considering the jurisprudential understanding of the matter. Finally, the paper outlines the search and seizure practices for cryptocurrencies conducted by the Federal Police, and then describes the procedures employed by the Judiciary to enforce the seizure. The study concludes that applying the anticipatory alienation procedure, through an auction similar to the sale of assets listed on the Stock Exchange, is a viable option to provide greater legal certainty at the moment of expropriation.

Negri in Padua (Lenin in New York)

2025-07-25T18:57:17-03:00

The text “Negri a Padova (Lenin a New York)” was the basis for the lecture given at the Università degli Studi di Bologna/ITA on December 16, 2024, at the event “Antonio Negri (1933-2023) - Sulle tracce di un pensiero a venire”. Currently Professor of Political Philosophy at the University of Padua, Chignola rigorously and precisely elucidates for the public what he considers to be the most neglected phase of Antonio Negri's life, both professionally and personally. Passing through Toni's time as a young professor at the University of Padua and a Socialist Party activist, Sandro describes the philosopher as still a “Marxist without Marx”, who, in a kind of temporary disembarkation, came into contact with historicism and humanism and, more specifically, developed his studies on Hegel. Later, with new doses of intellectual and political maturity, Chignola observed Toni at the start of new research, now mainly linked to Kantian philosophy. This period is described as marked by points of relevance: Negri not only launches his work of worker co-research with the comrades of the Quaderni Rossi, but also develops - seriously - his reading of Marx. It is from the tangle of these processes, and their interweaving, that the philosopher will be able to recognize the juridical-legal facet of domination, above all, in the confrontation of normative instruments with the subjective power of living labour - a point that even today merits renewed investigation.