https://ri.ufs.br/jspui/handle/riufs/2436 2026-04-07T09:25:48Z https://ri.ufs.br/jspui/handle/riufs/24738 Título: Fruir a vida: narrativas jusliterárias do direito à vida em Ailton Krenak Autor(es): Santos, Igor Rodrigues Abstract: The notion of fruição da vida (life as an experience to be savored) raises questions about the essential (in)utility of this fundamental element of existence, confronting the instrumentalization that imposes utilitarian objectives on life with an understanding of meaning and the feeling of connection with the world. Starting from this confrontation, this dissertation aims to understand how the narratives of Ailton Krenak, as an expression of indigenous literature and a promoter of intercultural dialogue, can expand hermeneutic possibilities by enabling new interpreters of the constitution. This openness, inspired by Peter Häberle's thought, highlights the enrichment of constitutional interpretation regarding the right to life through the ancestral knowledge of indigenous communities, knowledge which is condensed in shared memories and problematizes the utilitarian view of existence grounded in modern, hegemonic Western rationality. To achieve this, a qualitative methodology will be adopted, of a jusliterary nature, with inter/transdisciplinary approaches, as well as hermeneuticphenomenological contributions guided by the articulation of Ailton Krenak's indigenous literature with constitutional hermeneutics. In this sense, an open interpretive activity is proposed, enabling indigenous narrative communities and their members as legitimate interpreters of the constitution, especially concerning the fundamental right to life. Thus, this work is part of the research line "The Process of Constitutionalization of Rights and Citizenship: Theoretical and Methodological Aspects," within the field of jusliterary studies, dealing with the relationship between Law and the hybrid manifestations of indigenous literatures; proposing the formulation of an indigenous jusliterature based on the phenomenological approach of memory, which contributes to an intercultural dialogue within Latin American constitutional law; prioritizing the articulation between Ailton Krenak's narratives, as indigenous literary representation, and the notion of an open society of constitutional interpreters; and contributing to identifying the ways in which Ailton Krenak's literary experience offers new understandings of the fundamental right to life, particularly in critiquing the instrumentalization that reduces it to mere utility. With this, the work promotes the enhancement and expansion of constitutional hermeneutics regarding the interpretation of the right to life, incorporating the knowledge of indigenous communities into legal interpretation, which impacts the daily practice of legal professionals as it allows them to access other worldviews, understand the world from other perspectives, and discover, within the horizon they can glimpse, new meanings and feelings about what it is to live. 2026-02-25T00:00:00Z https://ri.ufs.br/jspui/handle/riufs/24502 Título: Análise de aspectos estruturais da reforma tributária na perspectiva da proteção de dados Autor(es): Santos, Cleriston Adonai dos Abstract: This dissertation analyzes the Tax Reform (Emenda Constitucional nº 132/2023 and Lei Complementar nº 214/2025) regarding the taxation of the digital economy and its implications for the fundamental right to data protection. Given the criticisms directed at the Brazilian tax system, especially its inability to keep pace with the dematerialized virtual world, the Tax Reform aimed to correct the consumption taxation model. In this context, among the main changes, the replacement of ICMS, ISS, PIS, COFINS, and IPI taxes with the Tax on Goods and Services (IBS), the Contribution on Goods and Services (CBS), and the Selective Tax is foreseen. This change in the tax system is characterized by the adoption of a broad tax base, destination-based taxation, differentiated regimes, a single online portal for all federative entities, an integrated electronic tax document, a split payment mechanism, cashback, and intensive use of personal data. Given this scenario, the following problem was addressed: does the Tax Reform foreseen in Emenda Constitucional nº 132/2023 and Lei Complementar nº 214/2025 respect the protection of taxpayers' data? Based on the analysis of the constitutional and legal provisions of the Reform, the general objective is to analyze the tax reform from the perspective of data protection in strengthening the promotion of the digital Welfare State. The specific objectives, aimed at achieving the aforementioned general objective of the dissertation, were established as follows: (i) to address the digital Welfare State and its relationship with data protection; (ii) to select structural aspects of the Tax Reform in the digital economy related to data protection; and (iii) to analyze the structural aspects of the Tax Reform in the digital economy related to data protection that strengthen the digital Welfare State. The methodology employed to achieve the objectives was an analysis of the text of Emenda Constitucional nº 132/2023 and Lei Complementar nº 214/2025, with the aim of identifying constitutional and legal provisions that, directly or indirectly, had the potential to impact data protection. In addition, an exploratory bibliographic search was conducted on periodical portals and the search engines “Google Scholar” and “SciELO Brazil” using keywords. The articles found were selected for their relevance and up-to-dateness in addressing information about the Tax Reform and its relationship with data protection. Based on the methodology adopted, some aspects were found to be structural and related to data protection/tax secrecy, namely: the duty of transparency of the public tax administration and data protection; digitization of taxation; “datafication”; automation of collection through algorithms, split payment, and the use of the Single Registry (CadÚnico) to operationalize cashback (tax refunds). This dissertation examines the use of artificial intelligence in tax collection and its repercussions on liability for noncompliance with data protection. The hypothesis guiding this dissertation was: the tax reform through Emenda Constitucional nº 132/2023 and Lei Complementar nº 214/2025 respects the fundamental right to data protection of taxpayers from the implementation of the new tax system in Brazil. 2026-01-23T00:00:00Z https://ri.ufs.br/jspui/handle/riufs/24410 Título: Conectados e divididos: o risco das redes sociais algorítmicas e a resposta do direito brasileiro para os agentes digitais Autor(es): Faria, Lucas Ribeiro de Abstract: This dissertation investigates the social, legal, and informational impacts of contemporary digital networks, focusing on the role of algorithms and the legal responsibility of digital agents. Based on the hypothesis that algorithmic-driven hyperconnectivity fosters social fragmentation, political polarization, and misinformation, this research critically examines Brazil's current legal framework, including the Internet Civil Framework and the General Data Protection Law, identifying both its limitations and strengths. The study also explores the role of digital influencers as new symbolic mediators in the digital society, highlighting their capacity to shape behaviors, influence decision-making, and disseminate potentially harmful content. The methodology is qualitative, based on bibliographic and normative analysis, adopting an interdisciplinary approach from communication theory, constitutional law, and technology. The research proposes a constitutional reinterpretation of platform regulation, aiming to harmonize freedom of expression, data protection, and civil and criminal liability. It concludes that the effective accountability of digital actors and the regulation of algorithms are essential measures for safeguarding fundamental rights and democratic values in the digital environment. 2026-01-23T00:00:00Z https://ri.ufs.br/jspui/handle/riufs/21841 Título: Impactos das Tecnologias da Informação e Comunicação (TIC) nas relações empregatícias: reflexos da violação ao direito à desconexão Autor(es): Takano, Camila Cardoso Abstract: Through a historical conception, especially from the last decades of the 20th century, it can be seen that societies have been going through countless transformations in the digital era. These changes have reverberated in the fundamental rights of workers and in their modern employment relations. In this sense, the present dissertation aims to analyze the right to disconnection in the face of the information society. For this purpose, the research makes a critical analysis about the right to disconnection in several perspectives: regarding the new second dimension right, in relation to the new labor forms instituted in the contemporaneity, regarding the normatization of the referred institute, in the case of the violation of the disconnection, and in the field of the compensation for existential damage as a form of integral reparatory solution. In the course of this work, the approaches are analyzed in comparison with the recent jurisprudence of the E. Regional Labor Courts, as well as the C. Superior Labor Court. The methodology used was deductive, mostly, based on bibliographic review and analysis of normative instruments, supported by national jurisprudence. 2021-01-28T00:00:00Z