https://ri.ufs.br/jspui/handle/riufs/2436 2026-07-09T06:58:07Z https://ri.ufs.br/jspui/handle/riufs/25367 Título: A efetividade do acesso à justiça e a ampliação das atividades notariais: uma análise à luz das garantias fundamentais processuais Autor(es): Santos, Ewerton Diego Justiniano Abstract: This dissertation analyzes the expansion of the duties of notarial services in the context of dejudicialization and multi-door justice, examining the extent to which extrajudicial procedures observe and ensure the effectiveness of constitutional procedural guarantees without undermining the essential core of the constitutionally outlined fair trial. Based on the observation of the structural limitations of state jurisdiction and the need to streamline the justice system, the study investigates the role of notarial services as qualified instruments of legal protection, inserted in a hybrid and complementary institutional model. The research adopts a qualitative, legaltheoretical approach based on a literature review, legal analysis, and examination of normative and regulatory acts, especially those issued by the National Council of Justice, as well as the 2015 Code of Civil Procedure. The results indicate that the expansion of notarial powers does not imply a departure from fundamental procedural guarantees, provided that it is conditioned on compliance with institutional and functional limits that guide notarial practice, ensuring procedural rationality, control, protection of trust, and legal certainty. It is concluded that the notarial route, when structured according to these parameters, can legitimately contribute to effective access to justice and the strengthening of the constitutional rule of law. 2026-02-10T00:00:00Z https://ri.ufs.br/jspui/handle/riufs/25350 Título: Mediação familiar: caminho para a garantia do direito à convivência Autor(es): Santos, Lídia Cristina Abstract: This research focuses on mediation as an instrument for realizing the fundamental right to family life, especially in the context of new family configurations and the comprehensive protection of children and adolescents. Within the broader framework of a culture of peace and appropriate means of conflict resolution, the research delimits the theme by analyzing family mediation as a tool that contributes not only to social pacification but also to guaranteeing fundamental rights, particularly the right to affective and healthy family life. The general objective of this work is to examine how mediation can constitute an effective mechanism to ensure and promote the right to family life for children and adolescents, as provided for in the Brazilian legal system. Specific objectives include: contextualizing the culture of peace and self-composition methods, with an emphasis on mediation; presenting the theoretical, historical, and normative foundations of conflict mediation; investigating the regulation of family life in Brazil; and analyzing family mediation as an effective practice in resolving disputes related to the coexistence of children and adolescents with their families. The hypothesis guiding this research is that mediation, when conducted within a solid legal and institutional framework, is capable of promoting more satisfactory and lasting solutions to family conflicts, contributing to the strengthening of affective bonds and the realization of the right to family life. This investigation assumes that family mediation can be an effective instrument for the realization of the right to family life for children and adolescents in the face of new family configurations. Regarding the methodology adopted, it is qualitative in nature, based on bibliographic, documentary, and normative research. To this end, doctrinal texts, current legislation, resolutions of the National Council of Justice (CNJ), judicial decisions, as well as data and reports produced by specialized bodies are used. The research results highlight a significant asymmetry between the normative-institutional discourse valuing mediation and its actual statistical visibility in the Brazilian justice system. Mediation remains statistically diluted and invisible, being improperly absorbed by the so-called "Conciliation Index." Furthermore, national data demonstrate a significant structural expansion of Judicial Centers for Conflict Resolution and Citizenship, as well as an absolute increase in the number of settlement approvals, but without a proportional and continuous increase in percentage rates. In contrast, the experience of the Court of Justice of the State of Sergipe shows high success rates in family mediation, with an emphasis on the pretrial phase, with percentages significantly higher than the national average. Thus, it was possible to conclude that family mediation plays a fundamental role in preserving family life by promoting dialogue, parental co-responsibility, and the construction of stable solutions in ongoing conflicts. 2026-02-25T00:00:00Z https://ri.ufs.br/jspui/handle/riufs/25338 Título: A inteligência artificial e a proteção dos direitos fundamentais à privacidade e à autonomia da vontade por efeito da automação de tarefas na aplicação do Direito Autor(es): Mendonça, Tácio Augusto Sobrinho Abstract: This research examines how artificial intelligence (AI) is becoming increasingly embedded in social life and in the legal system. It explores the ontological, hermeneutic, and teleological foundations of AI and their relationship with fundamental rights, informed by Jacques Maritain’s integral humanism. The study traces the historical and technical development of AI, outlining its main phases, models, and agents, and analyzes how algorithmic functioning and structural bias can lead to harmful outcomes such as behavioral surveillance, fake news, and a deepening epistemic crisis. It argues that a robust legal framework is necessary to ensure that AI operates as a tool grounded in prevailing constitutional values rather than as a substitute for human judgment. To support an ethical and balanced integration of AI, the research proposes guidelines for the constitutionalization of the subject and an interdisciplinary response aimed at safeguarding fundamental rights under the overarching principle of human dignity. 2026-02-10T00:00:00Z https://ri.ufs.br/jspui/handle/riufs/25331 Título: A Defensoria Pública como custos vulnerabilis: fundamentos e desafios na defesa de adolescentes em conflito com a lei no Estado de Sergipe Autor(es): Silva Júnior, Carlos Luiz da Abstract: This research focuses on the role of the Public Defender's Office as custos vulnerabilis in defending adolescents in conflict with the law, highlighting its interfaces with the constitutional mandate that ensures the Public Defender's Office's role in defending individuals or groups in vulnerable situations. Thus, it honors the principle of the integral protection of adolescents, established by the 1988 Constitution of the Federative Republic of Brazil (CRFB/88) and regulated by the Statute of the Child and Adolescent (ECA), and the procedural guarantees of adolescents in criminal proceedings according to the parameters and measures established in the judgment of Collective Habeas Corpus 143.988/ES. This judgment, historic for Juvenile Criminal Law, established measures to overcome the overcrowding of juvenile detention centers and the consequent violation of the fundamental rights of the detained adolescents. In this context, the research problem seeks to discuss the effects and impacts of Collective Habeas Corpus (HC) 143.988/ES on the socio-educational system of Sergipe, focusing on the role of the state Public Defender's Office as custos vulnerabilis. The general objective of the research is to analyze how the judgment of Habeas Corpus (HC) 143.988/ES impacted the overcrowding of socio-educational units in the State of Sergipe and the role of the state Public Defender's Office as custos vulnerabilis. To this end, an exploratory bibliographic research methodology was adopted, with a qualitative approach based on documentary data, legislation, publications in periodicals and doctrine, and a deductive analysis method based on the critical study of the legal aspects and foundations contained in the so-called leading case, Habeas Corpus (HC) 143.988/ES. The results indicate that the judgment of Habeas Corpus 143.988/ES had a positive impact on addressing overcrowding, since the analyzed data from the Brazilian Forum of Public Security and the National Survey of SINASE indicate that there is no overcrowding in the State of Sergipe. Furthermore, the data shows that the State of Sergipe was the fifth state in the federation with the greatest reduction in the number of adolescents deprived of liberty. 2026-02-27T00:00:00Z