https://ri.ufs.br/jspui/handle/riufs/2539 2026-05-01T03:16:43Z 2026-05-01T03:16:43Z Santos, João Daniel Jesus https://ri.ufs.br/jspui/handle/riufs/24891 2026-04-08T12:51:54Z 2026-03-13T00:00:00Z

Título: Controle judicial das políticas públicas no estado de Sergipe : uma análise do tema 698 do STF nos julgados do TJ/SE Autor(es): Santos, João Daniel Jesus Abstract: This Undergraduate Thesis examines the role of the Judiciary in the control of public policies, based on the application of Theme 698 of general repercussion established by the Brazilian Supreme Federal Court, with specific focus on the case law of the Court of Justice of the State of Sergipe. This precedent set parameters for judicial intervention in public policies, especially by determining that, in situations of omission or serious failure by the Public Administration, judicial action should prioritize the establishment of constitutional objectives to be achieved, without directly imposing specific administrative measures, in order to respect the separation of powers and institutional capacity. The research adopts a qualitative methodological approach, developed through bibliographic review and documentary analysis of judicial decisions issued by the TJSE that expressly reference Theme 698 after its consolidation by the Supreme Federal Court. The study analyzes the form, reasoning, and effects of judicial decisions, seeking to identify the degree of adherence of the state court to the structural and dialogical decision-making model proposed by the Supreme Federal Court. The findings indicate that, although there has been progress in incorporating the guidelines of Theme 698, the case law in Sergipe still presents oscillations between structural decisions guided by the determination of objectives and decisions that impose immediate and specific measures, revealing challenges in consolidating a decision-making standard compatible with the limits of judicial intervention in public policies. It is concluded that the Court of Justice of Sergipe has substantively adopted the structural model regarding the content of its decisions, but still lacks significant progress regarding the expanded dialogical procedure and the use of continuous judicial supervision techniques to ensure the material effectiveness of public policies.

2026-03-13T00:00:00Z Santos, Rafaella Brasil Bomfim dos https://ri.ufs.br/jspui/handle/riufs/24890 2026-04-08T12:49:06Z 2026-03-09T00:00:00Z

Título: A mãe-vítima omissa : uma investigação sobre a (in)viabilidade da responsabilização penal no contexto da violência doméstica Autor(es): Santos, Rafaella Brasil Bomfim dos Abstract: This study, developed using the deductive method and through a bibliographic review, aims to investigate the legal feasibility of criminal liability for the mother-victim due to legally relevant omission in cases of domestic violence against her children. The research examines whether it is technically possible to attribute the criminal outcome to a woman who simultaneously occupies the position of guarantor and victim within a structural cycle of violence. It further discusses how patriarchy and the myth of omnipotent motherhood shape social expectations of protection that disregard power asymmetries and the psychological impacts experienced by the mother herself. Methodologically, the investigation is grounded in the Theory of Objective Imputation, integrated with the guidelines of the CNJ Protocol for Trials with a Gender Perspective, examining requirements such as the causal link of preventability, the physical capacity to act, and the cognizability of danger in light of the material limitations imposed by the violent context. Finally, culpability is analyzed, concluding that criminal liability should be excluded or mitigated when structural vulnerability and coercive control render the requirement of alternative conduct unsustainable, thereby preventing the double victimization of the woman.

2026-03-09T00:00:00Z Santos, Erick Monteiro https://ri.ufs.br/jspui/handle/riufs/24889 2026-04-08T12:48:12Z 2026-02-25T00:00:00Z

Título: O método bifásico de quantificação do dano moral à luz do dever de fundamentação das decisões Autor(es): Santos, Erick Monteiro Abstract: This Undergraduate Thesis analyzes the two-stage method of quantifying moral damages as a tool to control judicial discretion and a mechanism for the enforcement of duty to provide reasoned legal decisions. The study is driven by the problem characterized by the lack of objective criteria in the arbitration of the indemnity quantum, leading to arbitrary decisions that violate Article 489, §1 of the Code of Civil Procedure (CPC). The methodology is based on qualitative research with a hypothetical-deductive approach, employing a literature review and a documentary analysis of the case law from the Superior Court of Justice (STJ) and the Court of Justice of the State of Sergipe (TJSE). Initially, the legal nature of moral damages and the substantiation crisis within the Brazilian context are examined. Subsequently, the structure of the two-stage method institutionalized by the STJ is described, which is divided into two phases: the first focused on isonomy through the establishment of a base value grounded in precedents, and the second dedicated to equity by adjusting it to the specific circumstances of the case. Furthermore, the relationship between the two-stage technique and the duty of analytical justification is established, demonstrating its effectiveness in increasing predictability and appellate controllability. Finally, the panorama of the TJSE's adherence to this methodology is investigated, highlighting structural weaknesses such as the risk of hidden tariffs and the merely rhetorical use of the method. Ultimately, it is concluded that the two-stage method represents an advancement for Brazilian civil liability, confirming the hypothesis that its analytical application reinforces the effective fulfillment of the duty to provide reasoned decisions and provides rationality to judicial discretion. However, the effectiveness of this methodology remains conditioned on the objective manifestation of the judge’s ethical commitment to the transparency of legal reasoning—a duty that must be duly externalized during the determination of moral damages.

2026-02-25T00:00:00Z Alves, Rafael Almeida Dias https://ri.ufs.br/jspui/handle/riufs/24858 2026-03-31T13:01:36Z 2026-03-03T00:00:00Z

Título: Aplicação de precedentes judiciais como fontes do direito pelo Tribunal Regional Federal da 5ª Região : exame crítico à luz do modelo constitucional de processo Autor(es): Alves, Rafael Almeida Dias Abstract: This Undergraduate Thesis analyzes the application of judicial precedents by the Federal Regional Court of the 5th Region (TRF5) through the lens of the constitutional model of procedure promoted by the 1988 Constitution of the Republic. The central research problem consists of verifying to what extent the aforementioned court observes the duty of analytical reasoning and substantial adversarial proceedings when applying judicial precedents as sources of Law, in such a way that it complies with constitutional precepts (principles and rules). Methodologically, the research is classified as qualitative, exploratory, and descriptive, based on the deductive method. The theoretical framework addresses: I) the characterization and historical development of Common Law and Civil Law—two legal traditions regarding the sources of Law—as well as the construction of Brazil's own legal tradition; II) the analysis of the pillars of the contemporary constitutionalist movement in Brazil and worldwide, and its reflection in the field of Procedural Law; and III) the examination of the legal nature of judicial precedents and the technique guiding their constitutional application, primarily found in the 2015 Code of Civil Procedure (CPC/2015). The empirical research was conducted through the examination of a sample of 20 decisions rendered by the Federal Regional Court of the 5th Region between 2024 and 2026, collected from its digital jurisprudence repository. The results reveal a predominance of the mechanical application of judicial precedents, characterized by the mere transcription of judgment theses and jurisdictional summaries (súmulas), as well as a lack of dialogue with the particularities of previous decisions invoked as the grounds for the decision (rationes decidendi). It is concluded, based on this practice, that the TRF5 has distanced itself from the requirements of the constitutional model of procedure regarding the reasoning of its decisions, a practice that substantially compromises the republican ideals that inspire the Brazilian legal order.

2026-03-03T00:00:00Z