Latin American Human Rights Studies

Judge and Democracy: towards jurisdictional democratization

2024-09-19T14:28:00-03:00

This article addresses the need for jurisdictional democratization. It discusses the concepts of Democracy, Separation of Powers, Judicial Independence, the Role of Judges in a Democracy, and the relationships between Democracy and Populism. The methodology used was bibliographic research.

The Legal Authority of International Arbitration as an Alternative Method for Resolving Investment Disputes

2024-09-19T13:37:33-03:00

This paper aims to provide an understanding of the importance of arbitration as an alternative dispute resolution method. Furthermore, it presents a jurisdictional figure that transcends as a fundamental element in resolving disputes. It is important to bear in mind that there must be a prior consensual agreement between the parties to resolve their differences in the event of any future breach of contract. Therefore, they would not turn to a judicial body but rather to a recognized private entity that would resolve their disputes with the same authority as a court ruling. The methodology used for this research was bibliographic and documentary research, with a particular focus on the analysis of legal norms.

Analysis of Legal Institutions: Guardianship and Curatorship in Relation to Access to Justice in Criminal Matters

2025-04-01T19:31:16-03:00

This article involves the study of the legal norms that focus on unraveling the situation of vulnerability in which those people who suffer from a state of physical and/or mental disability find themselves, and as a consequence, their fundamental rights enshrined in the Constitution. In this sense, the study ranges from the exegesis of those norms and/or principles that are involved with Human Rights, to the execution of the declaration of the state of disability that is determined for a person. The above, taking into account the relationship that implies subject - object and the doctrine that "foresees" the situation of vulnerability in order to obtain the perception of social reality. The problem is also reflected when people under guardianship, for any condition, are sentenced to serve a criminal sanction, they may face inhumane detention conditions, abuse by other inmates or prison staff, and the lack of adequate care for their children's mental health needs.

The Contributions of the Encyclical Rerum Novarum to the Recognition of Fundamental Rights in Articles 1 and 23 of the Universal Declaration of Human Rights

2024-09-19T15:25:58-03:00

The objective of this paper is to demonstrate that, although the Rerum Novarum Encyclical originates from another century, its influence can still be observed in the Universal Declaration of Human Rights, a legal framework that protects individuals throughout their development, supported by one of the oldest theories in history—the theory of fundamental rights. The research is theoretical, applied, and descriptive, following the guidelines of a qualitative approach.

Educommucation, Communicative Competence and rule of law: education for the of social networks

2025-04-01T19:17:45-03:00

The study was aimed at a focus group of 10 years old students who studied at a public school in the Federal District, in 2018. Starting from the question: how does the public institution educate its students to use virtual communication? In this way, the objective is to discuss the right to communication in a state of law formed by a traditional hierarchical bureaucracy. The Federal District has an estimated population of 2 million inhabitants, divided into 31 satellite cities. The action research method was used, with interview techniques, data analysis on students actions on social networks, with observation on the techniques-economic paradigm that criticizes new commitments to the information society. Information and knowledge are indispensable for any activity within organizations and, therefore, it is necessary to remove the utopian exaggerations that constitute “computopia”.

The Criminal Legal System as a Guarantor of Human Rights in Mexican Law

2024-09-19T14:00:55-03:00

Based on the Mexican reality, the objective of this article is to discuss how justice systems, legally established around the world, face the need to harmonize, on one hand, the interests of the state in seeking procedural truth, and on the other hand, the interests of the defendant in safeguarding their individual rights. The methodology adopted was bibliographic research, with an analysis of internationally renowned journals, as well as updated texts that help promote a better analysis of the variables under investigation; in this case, state protection of human rights. An analysis of legal norms was also conducted.

Impact of maternal surrogacy in the criminal field in the Mexican legal system

2025-04-01T19:34:52-03:00

We live in a globalized world where technology and scientific advances are recognized as human rights, some of which have an unusual impact on the criminal field, such is the case of maternal surrogacy, a modern figure of family law. The purpose of this work is to analyze this circumstance, for which its particularities, social implications, the lack of specific configuration of some type of criminal offense were examined, aimed at sanctioning those involved in the account contract if it is indispensable. In order to explain it, a qualitative investigation was carried out with a descriptive approach, finding silence in this regard. Concluding with some ideas to carry out an effective punishable sanction for the implicit conduct if necessary, regardless of the nationality of the contracting parties, complexities addressed in this article.

Impact of Family and Structural Violence on Women and Their Children: Some Notes

2024-09-19T12:07:05-03:00

The article analyzes family violence and structural violence and the effects they have on the family, particularly women and children. The analysis focuses on the factors and consequences of this violence. The methodology used was bibliographic research, analysis of Legal Norms and Social and Economic Indicators.

Religious freedom and human Rights: The Brazilian experience

2024-09-19T16:07:32-03:00

This article proposes a reflection on the relationship established between the right to religious freedom and democracy. Freedom of religious belief and religiosity has sought its place in a world that is becoming increasingly plural. However, currently, at the same time that the affirmations of religious plurality occur, it is possible to verify a growing questioning about the existing border between the private and intimate sphere, which legitimizes the freedoms of belief, and the public sphere, which is regulated and it is subject to the administration of collective interests by the Democratic States of Law. Thus, such questioning integrates a problematization that is old, and that remains with vitality, about what is the limit of intervention of a secular state in the private sphere of individuals, and to what extent it is legitimate with regard to freedom of belief. In this sense, its main objective is to understand the fragility of the discourse that permeates the relationship between religion and democracy. To this end, it begins with an analysis of the preservation of freedoms, particularly that of religion and belief, promoted by the Universal Declaration of Human Rights (1948). From there, it is essential to understand the concepts of secularization and secularization. It is worth noting that the latter led to the growing emergence of spheres of social life distinct from a traditional collective political conception, and that secularization, in turn, means discussing the application of law and the functioning of the state. Added to this, it is also worth discussing religious freedom in the context of a Democratic State of Law. Finally, it concludes by highlighting the Brazilian experience, having as a key point the normative interpretation of the Federal Constitution of the Federative Republic of Brazil of 1988.

Race, racism and discourse: the language of the said and the unsaid in the violation of the Rights of Blacks in Brazil

2025-04-01T19:26:18-03:00

This article aims to demonstrate how racism operates the concept of “race” from the perspective of discourses, so that the social language of the said (and the unsaid) confers privileges or impute disadvantages to individuals based on the criterion of racial discrimination. The methodology has been bibliographic research, with document analysis, in gathering significant information about the proposed problem.

Violence against women and democracy in brazil: the relationship between firearm-related violence against women and the rise of antidemocratic discourses

2024-12-18T13:34:01-03:00

Violence against women is a serious violation of human rights. A complex phenomenon, this type of violence is related to a patriarchal conception of reality, occurring mostly in private space, where, as a rule, the power of the state is less present, being replaced by male power. Given this, this research has the following problem: is there a relationship between violence against women by firearms and the growth of anti-democratic discourses in Brazil? To answer this question, a quantitative and qualitative research will be carried out, analyzing data on violence against women by firearms in Brazil during periods of resurgence of anti-democratic discourses, especially during the years of the former government. -President Jair Bolsonaro, a period in which anti-democratic speeches intensified in Brazil. In addition, the research will carry out bibliographic and documentary analysis. At the end of the work, the aim is to analyze the relationship between firearm violence against women and anti-democratic conceptions, that is, to glimpse whether anti-democratic perceptions are also anchored in a conception that violates human rights and is patriarchal.

The Paraisópolis massacre: an analysis of lives deemed unworthy of struggle

2024-12-18T18:09:08-03:00

This article, which has a bibliographic and documentary analysis bias, aims to analyze the episode known as “The Paraisópolis Massacre”, when the police operation deemed “Pancadão”, which was carried out by the Military Police of the State of São Paulo, culminated in the trampling of nine people and their consequent deaths, after a riot among the participants of a baile funk that was taking place near where the aforementioned police operation was happening. To this end, the theoretical inputs used were the ideas of the philosopher Judith Butler on the structures of social recognition that dictate which lives are worthy of mourning and which are not.

The Conception of Human Rights According to the Accounts of Venezuelans Residents in Goiânia and Aparecida de Goiânia

2024-12-17T15:26:19-03:00

The United Nations (UN) understands that human rights are rights that are intrinsically linked to human beings for the simple fact of being human. In the Venezuelan context, it is known that human rights, for example the right to life and health, are constantly violated by the nation-state itself, resulting in mass international migration. Thus, the objective of this chapter is to present Venezuelans' conception of human rights. Through applied, field, exploratory, qualitative, descriptive, bibliographic and documentary research, Venezuelans residing in Goiânia and/or Aparecida de Goiânia were interviewed, with the guiding question “in your perception, what are human rights?” . The results reveal that 10 Venezuelans were interviewed, five men and five women, of which 9 hold a temporary visa and 1 a refugee, so that human rights are associated with the rights to life, health, protection and freedom, in addition to demonstrate the existence of Venezuelans who are unaware of the term. Furthermore, it shows that the health crisis can be one of the frequent causes of international migration. As a final consideration, the dissemination of human rights is suggested, whether at borders or on Brazilian soil as a way of refuting ignorance.

Mercury, gold and lead: topical-problematic considerations on violence in yanomami territory by illegal miners

2024-12-18T17:48:58-03:00

The widespread media coverage of the chronic scenario of neglect towards the Yanomami people at the beginning of 2023 prompted an emergency mobilization of government institutions responsible for providing health services and ensuring public safety. Local investigations revealed that the advancement of unauthorized mining in the region has been accompanied by violence, disease, and intimidation to the detriment of the native population, with an intensification over the last years of the 2010s. Considering this situation, this article aims to evaluate — through the use of the legal topical method — the conditions surrounding the practice of mining in Yanomami indigenous territory, as well as the formal treatment established in Brazilian legislation. Among the main conclusions drawn is the observation that the reasonable and fair ideal and ideological limitations enshrined in the 1988 Constitution remain gravely unsupported by concrete initiatives to provide practical meaning. For this reason, institutional measures genuinely aimed at achieving a lasting and effective solution to the problems faced by the Yanomami indigenous people must involve a dedicated interinstitutional effort, including collaborative behavior from neighboring nation-states.

Femicide in the state of Paraíba:

2024-12-18T15:26:46-03:00

This research aims to analyze statistical information involving the murders of women in the State of Paraíba and their correlation with the firearm instrument, with a view to answering the following research question: considering the numerical indices, was there an increase in intentional lethal violent crimes committed by women with firearms in Paraíba between 2019 and 2022? It is assumed that, since 2019, the policy of expansion and turn easier the access to firearms and ammunition in Brazil may have influenced the dynamics of homicidal violence against female victims, especially when considering that the residence is the place where women die by firearms in 26% of cases, while the proportion for homicides of men, in the same environment and with the same instrument of death, is 11% (Instituto Sou da Paz, 2021). Using data from the Criminal Statistics and Data Analysis Unit (UECAD) of the Civil Police of Paraíba, it was possible to conclude that there was an increase in intentional violent deaths committed against women with the use of firearms, mainly between 2020 and 2022, a fact that may indicate as a conditioning factor the facilitation of access to firearms in recent years in Brazil.

The future denied to us: artificial intelligence as a denial of democratic and citizenship ideals

2024-12-18T12:55:36-03:00

Social media, driven by profit, demands a continuous expansion of its user base, which must be active in both producing and consuming content, directed at them according to their preferences, captured by AI operated algorithmically, creating consumption niches. The creation of these “bubbles” simplifies the metrics used for content targeting and accelerates the erosion of public debate, forming an industrial logic of content production, characterized by the encouragement of high consumption, the reduction of discursive complexity, and polarizations. This research aims to investigate how the use of AI in content targeting impacts the construction of a future based on democratic ideals and effective citizenship. It assumes an exploratory and descriptive nature, adopting bibliographic research as a method of procedure; as an approach method, the deductive method is used to identify how the creation of artificial content “bubbles” by AI affects the fundamentality of the democratic principle and effective citizenship.

Manifest intersectionality:

2024-12-18T18:01:50-03:00

The concept of intersectionality was systematized by Kimberlé Williams Crenshaw and first published in her article "Demarginalizing the Intersection of Race and Sex: A Black Feminist Critique of Antidiscrimination Doctrine, Feminist Theory, and Antiracist Politics" in 1989. Intersectional theory suggests that, instead of dealing exclusively with distinct groups of people, we deal with groups that overlap. This overlap can intertwine in areas such as gender, race, ethnicity, age, among others. Before coining the concept, Crenshaw had already been working on it in her writings on race and gender. Similarly, in the Global South, intersectional issues were already concerns of researchers such as Lélia Gonzalez (1984; 2018) and Sueli Carneiro (1997) in their essays and articles on gender and race, with studies on the challenges faced by Black women, identity construction, and Black feminism. The writings of Lélia Gonzalez, a Brazilian anthropologist, as well as those of other researchers with a decolonial approach, are of paramount importance for understanding the intersectional issues faced by women from emerging and underdeveloped economies. Through qualitative research with a decolonial approach, this paper aims to trace the epistemological contribution of the theories developed by researchers in the Global South, such as Lélia Gonzalez (1984; 2018) and Sueli Carneiro (1997), to broaden the understanding of the concept of intersectionality.

The use of artificial intelligence in combating human trafficking

2024-12-18T15:36:02-03:00

Human trafficking can take on a transnational character, and collaboration between States is essential in repressing criminals and identifying and locating victims. To this end, it is possible to use artificial intelligence tools as mechanisms to prevent and combat the crime of human trafficking. This research used, initially, a bibliographical review on the application of artificial intelligence in public security in general and subsequently a qualitative empirical methodology to verify the use of artificial intelligence aimed at preventing the crime of human trafficking. . The existence of “Stop the Traffik” stands out, which uses data generated by its “Traffik Analysis Hub” program, in conjunction with its STOP APP application, to identify human trafficking routes, assisting the work of NGOs and government agencies. Furthermore, “Spotlight”, whose main objective is to speed up the identification of victims, works by analyzing sexual advertisements on virtual platforms and, through artificial intelligence, seeks to detect patterns of child sex trafficking. Finally, Hotel50k can be mentioned, which works in conjunction with the Traffick Cam application. Hotel50k is a database of images of hotel rooms that help identify locations that may be used as captivity for victims. Traffick Cam is an application that allows people to send images of their hotel rooms to contribute to the aforementioned database.