https://ri.ufs.br/jspui/handle/riufs/2436 2026-09-06T21:20:31Z https://ri.ufs.br/jspui/handle/riufs/26043 Título: A Tutela multinível do direito fundamental ao meio ambiente ecologicamente equilibrado: uma análise sob a perspectiva das atividades de silvicultura Autor(es): Oliveira, Sophia Cezimbra Abstract: This dissertation, situated within the Concentration Area “Constitutionalization of Law” and linked to the Research Line “Process of Constitutionalization of Rights and Citizenship: theoretical and methodological aspects,” analyzes multilevel protection as a legal model for safeguarding the fundamental right to an ecologically balanced environment and its application to the environmental regulation of forestry in Brazil. It starts from the understanding that contemporary environmental protection requires coordinated forms of normative and institutional action capable of responding to the complexity of current environmental problems, particularly in light of the worsening of climate change, ecosystem degradation, and increasing economic pressure on natural resources. The research examines how multilevel protection manifests itself in the Brazilian context based on the structure of cooperative federalism established by the 1988 Constitution of the Federative Republic of Brazil, particularly through the allocation of common administrative powers and concurrent legislative powers in environmental matters. It also analyzes the influence exerted by the international environmental commitments undertaken by the Brazilian State on the formulation of domestic environmental policies and on the constitutional interpretation of the right to an ecologically balanced environment. In the specific field of forestry, the dissertation investigates how forestry activities in Brazil have come to be regulated by a set of constitutional, statutory, and administrative rules structured across multiple levels of environmental protection. The research addresses the role of the National Environmental System (SISNAMA), the framework established by Complementary Law No. 140/2011, the current legal framework governing environmental licensing, the provisions of the Forest Code, and the impacts of the recent amendment introduced by Federal Law No. 14,876/2024, which removed forestry from the list of potentially polluting activities provided for in the National Environmental Policy (PNMA). Based on the analysis conducted, it was concluded that multilevel protection broadens environmental protection mechanisms by allowing different normative and institutional levels to act simultaneously with regard to forestry activities. However, the research also identified difficulties related to normative fragmentation, overlapping administrative powers, and the structural limitations of Brazilian federal environmental cooperation, factors that may undermine the effectiveness of environmental protection. It was further found that the administrative flexibilization introduced by Federal Law No. 14,876/2024 does not remove the constitutional duties of environmental preservation established in Article 225 of the Federal Constitution, and that environmental control mechanisms, administrative enforcement, and the protection of native vegetation therefore remain applicable. Methodologically, the deductive method was adopted, with a qualitative approach, through bibliographic and documentary research involving the analysis of constitutional provisions, ordinary legislation, international treaties, environmental regulatory instruments, and specialized legal scholarship. The dissertation is structured into chapters devoted to the analysis of the theoretical foundations of multilevel protection, its application within Brazilian environmental law, and the legal regulation of forestry in light of the Brazilian cooperative environmental model. 2026-08-24T00:00:00Z https://ri.ufs.br/jspui/handle/riufs/25790 Título: Direito regulatório comportamental: nudges e novas abordagens na busca por eficácia de políticas públicas de saúde em Sergipe Autor(es): Souza, André Felipe Santos de Abstract: This master’s thesis investigates a public health governance problem that emerges in the gap between the formal provision of public health services and the population’s effective adherence to preventive policies, with an emphasis on vaccination within Brazil’s Unified Health System (Sistema Único de Saúde—SUS) in Sergipe, using Aracaju as a case study. The research problem is formulated as follows: how can a nudge-based choice architecture be designed to reduce decisional and administrative frictions and increase adherence to public vaccination policies, without claiming empirical measurement of impact, and under parameters of legal legitimacy guided by proportionality, transparency, data protection, and the dignity of the human person? The dissertation advances the hypothesis that instruments of Behavioral Regulatory Law (Direito Regulatório Comportamental) can operate as a complementary layer to conventional legal tools by lowering action costs and foreseeable barriers (such as inertia, forgetting, low salience, and difficulty navigating services), provided they are subject to a regime of public justifiability capable of preventing opacity, indirect discrimination, undue nudges, and the conversion of simplification into obstacles (sludge). The overall objective is to develop, in a predominantly theoretical framework, a proposal for a behaviorally informed intervention that is legally controllable and administratively feasible for the context of Sergipe; as specific objectives, the dissertation seeks to (i) systematize conceptual foundations regarding bounded rationality, choice architecture, and nudges; (ii) characterize the crisis of adherence to immunization policies as a regulatory problem of implementation and behavior; and (iii) propose design parameters and legitimacy-control standards for light-touch interventions in public health. Methodologically, the study consists of bibliographic and documentary research with international scope, combined with a critical review of the literature on behavioral science applied to public policy, a legal-normative analysis of the relevant constitutional-administrative framework for health, and a discussion of governance and ethical criteria; official data and indicators are used contextually and descriptively, without causal inference. As results, the dissertation delimits the adherence problem as a multifactor phenomenon associated with frictions and vaccine hesitancy, proposes a modular choice architecture for the case of Aracaju, and consolidates a set of methodological and constitutional-legal criteria for assessing, ensuring transparency and auditability, and protecting rights in the use of nudges, offering public policy recommendations formulated as conditional guidelines for responsible implementation. 2026-02-11T00:00:00Z https://ri.ufs.br/jspui/handle/riufs/25534 Título: Direito fundamental à educação: uma visão jusliterária em Vidas Secas Autor(es): Quintino, Emanuelle Moura Abstract: This dissertation discusses the fundamental right to education from a legal-literary perspective in Graciliano Ramos's novel Vidas Secas. By exploring the intersection between law and literature, this interdisciplinary research seeks to understand how literary narrative problematizes cultural elements related to the right to education, addressing Brazilian social inequality, demonstrating the resilience of the characters from the northeastern hinterland, and the need to realize the fundamental right to education as an indispensable means to a dignified life. In this way, it is linked to the line of research “Process of Constitutionalization of Rights and Citizenship: Theoretical and Methodological Aspects” within the field of legal-literary studies anchored in phenomenological hermeneutics. The methodology used involves a qualitative approach based on a review of the literature and case law. In this sense, it aims to contribute, through legal criticism in Vidas Secas, to the discussion of the fundamental right to education, articulating the relationships between memory, the Constitution, democracy, culture, and development, while problematizing the conditions for the realization of the right to education in the face of Brazil's historical legal and cultural reality, analyzing the fulfillment of Sustainable Development Goal (SDG) No. 4 of the United Nations (UN) 2030 Agenda in Brazil and the role of the decisions of the Federal Supreme Court (STF) in an Extraordinary Appeal (RE) on education. It can be concluded that the novel Vidas Secas is an important tool for legal reflection and a source of constitutional hermeneutics, especially when linked to phenomenology and the cultural perspective of the Constitution. Finally, it was found that the decisions of the Federal Supreme Court in cases of general repercussion play a relevant role in the enforcement of this fundamental right, although some still present limitations when analyzed in light of the social dilemmas portrayed in the narrative. 2026-02-26T00:00:00Z https://ri.ufs.br/jspui/handle/riufs/25513 Título: A responsabilidade civil do doador nas inseminações caseiras Autor(es): Terto, Luana Machado Abstract: This study examines the legal status of filiation in home artificial insemination. In this context, the transformation of the concept of family in Brazilian legislation reflects significant changes in the social, cultural, and legal spheres, especially with regard to filiation and the different forms of family formation. The 1988 Federal Constitution represented a milestone by recognizing the diversity of family configurations, moving away from models that were predominantly biological or based on marriage, and establishing principles such as human dignity, equality among children, and freedom in family planning. As a result, filiation came to be understood in a broader manner, valuing socio-affective bonds and the reproductive autonomy of individuals. Alongside these transformations, new reproductive approaches and methods began to be adopted by society, with home insemination standing out as an informal and unregulated option in comparison with assisted reproduction techniques offered by specialized clinics. This practice, often driven by the high costs associated with artificial insemination and the desire to increase accessibility, raises important legal issues, particularly with regard to the civil registration of the child, the presumption of parenthood within marriage or stable unions, and the requirement of consent from the spouse or partner in cases of heterologous insemination, in light of the provisions issued by the National Council of Justice. Home insemination also raises questions concerning fundamental rights, including human dignity, reproductive autonomy, and freedom in family planning, without disregarding the importance of comprehensive protection for children and adolescents. The absence of specific regulation generates legal uncertainty for both the parents and the donor, especially with respect to the determination of parenthood and the potential legal implications arising from this practice. In this context, the debate over the civil and child support liability of the donor in home insemination emerges. The lack of regulation allows for differing interpretations regarding existing rights and obligations, as well as the limits of the autonomy of the parties involved. Thus, the topic highlights the importance of a critical assessment of the current legal framework, emphasizing the risks of civil liability for the donor and the urgent need for a clearer regulatory approach that reflects contemporary social conditions. 2026-02-26T00:00:00Z