Revista da Faculdade de Direito da Universidade Federal da Bahia

Apresentação

2024-06-19T14:06:19+00:00

The contribution of Chaïm Perelman's theory of argumentation to the formation of fair judicial decisions

2024-06-19T14:21:46+00:00

In reason of the current pragmatic legal culture focused on judicial decision as polo realization of justice, value entered in the legal systems before the Neoconstitutionalism the phenomenon, the legal argument has appeared increasingly relevant. In this mode, Chaïm Perelman, the one that breaks with the paradigm for the formulation of a Theory of Argumentation and the philosopher-lawyer first to try to unravel the problems of the relationship between the arguments and the judicial process, this paper seeks to elucidate the legacy scientific contributions by him.

Revenge porn and the civil liability of platforms digital

2024-06-19T14:32:25+00:00

The present text seeks to study the conduct of sharing, without consent,
intimate content, motivated by revenge, also known by its English term revenge porn. It was used the gathering of bibliographies and interpretation of the legal text as a methodology. At first, it seeks to delimit the concept of pornographic exposure for revenge, offering an analysis of the role of the media in this crime and analyzing the cases that had the greatest repercussions in Brazil. It then studies the responsibility and disclosure of network platforms that contain non-consensual content. Finally, it takes place on the legal devices that they sheltered before its typification, and that currently
serve as parameters to criminalize this crime.

Federative pact and intergovernmental relations in Bahia

2024-06-19T14:39:23+00:00

The general objective of this article, based on studies on federalism and governance, is to analyze the intergovernmental relations fostered by the Government of the State of Bahia with municipalities and the governance challenges encountered in
defining actions to combat COVID-19, observing whether there was a competitive or cooperative relationship between the state government and the municipal government. During the COVID-19 pandemic, Brazilian federalism is facing challenges regarding cooperation between federal entities for a greater transition of public policies. Faced with the inaction of the federal government, subnational governments were abandoned in terms of coordinating collective health actions, in addition to resisting attacks by the federal entity to remove them from the competences and prerogatives of legislating in their own
jurisdictions. In this sense, the influence of measures to combat the virus led to the analysis of the distribution of competences in the Brazilian territory, as well as the cooperative behavior of the Government of the State of Bahia, which supplied federal
infections by assuming the role of state coordinator. To carry out this analysis, the work was based on the mixed methodology, developed in three main phases: literature review on Brazilian federalism, intergovernmental relations and the concept of metropolitan governance; empirical research, through content analysis, with the purpose of mapping the State Government's actions to combat COVID-19, based on the analysis of decrees; and categorize the data gathered to characterize intergovernmental relations in Bahia. From this, a cooperative governance between the Government of Bahia and the
municipalities of Bahia was identified in order to combat COVID-19.

Aporophobia in the city of São Paulo

2024-06-19T14:48:34+00:00

The article addresses aversion and hatred towards the poor in the city of São Paulo in the experience of people living on the streets, from the perspective of aporophobia and deprivation of freedom, seeking to analyze the mechanisms for protecting the right to the development of freedom through policies public offices of São Paulo City Hall, bringing elements regarding the forms of their deprivation. Thus, it observes the use of different mechanisms in a protective and paternalistic approach to rights. To overcome this paradigm, which has become a humanitarian crisis in the city of São Paulo, it seeks to recognize modalities that can offer housing policies, tracing a trajectory of constitutionally guaranteed
rights.

Legal dimension of olympism

2024-06-19T14:54:40+00:00

The article seeks to analytically expose the legal dimension of Olympism, the fundamental principles and respect for the hierarchy of sports organizations, in analogy to other legal systems and codes of norms of transnational scope, such as the Universal Declaration of Human Rights. Then, the contracts between the IOC and the media are examined, as such the Broadcasting Rights, and the relationship between old and new media, along an objective and systematic review of the
legal changes of Olympism, which is composed of several social actors, individual and collectives: sportspeople, the public, lawyers and media.

Public administration as a historical phenomenon

2024-06-19T15:09:10+00:00

Public Administration has theoretically constituted itself through general models of administration that historically succeed one another, but in practice overlap, conflict, and coexist. The project of "rationalization," deemed necessary for the development of capitalist society and the modern state, appears consolidated in the realm of Administration and Public Law as an established discourse. However, a history of Public Administration can reveal a different character for public organizations: capable of sustaining the coexistence between highly bureaucratic models and deeply patrimonial practices. To achieve this theoretical revision, which will enable a critical perspective on the current realities and theories in public organizations, and given that the main concepts of Public Administration are routinely used unreflectively, the historical perspective can
best serve as the basis for reflecting on these key concepts, which are fundamental for understanding organizations.