https://ri.ufs.br/jspui/handle/riufs/2147 Mon, 04 May 2026 23:22:31 GMT 2026-05-04T23:22:31Z https://ri.ufs.br/jspui/handle/riufs/17471 Título: A força normativa da boa-fé objetiva Autor(es): Hora Neto, João Abstract: Despite gestating in Roman contractualism (bona fides), this thesis asks whether objective good faith has an expansionist vocation/normative force capable of reaching other branches of private law and, also, public law, as well as whether it has a nature principle, properly applied in the light of constitutional civil legality. The general objective is to investigate whether there is an expansionist vocation, as well as whether objective good faith is a norm-rule or a principlenorm and whether its practical application is in accordance with the premises of constitutional civil law. The methodology used was documentary/bibliographic research, national and foreign, with data collection through bibliographic material, through doctrinal, jurisprudential and legal texts investigation, in addition to a dogmatic approach, by logical, grammatical and systematic interpretation, in accordance with the deductive, inductive and dialectical reasoning. According to the eight chapters exposed, it became evident that the constitutionalization of civil law requires a re-reading in the light of its strict premises, given the imprecise application of several general clauses and, among them, objective good faith. The express acceptance of objective good faith in the Civil Code was noted, visible for its triple function, as well as its connection with the contract since Roman law, and, in modernity, its close connection with its modern conception, was noted, with a constitutionalized profile, through civil, business and consumer contracts. It was observed that objective good faith is a rule of public order (loyalty/conduct/honesty) that imposes 'duties of consideration/conduct' arising from the modern conception of obligation (dynamic, cooperative, solidary) and that are independent the will of the contracting parties and are not bound by a particular type of contract. Its incidence was also observed in any contractual phase (pre, during and post), including in other branches of private law. In view of the overcoming of the summa divisio and considering that the Brazilian legal system adopts an open normative model, permeated by general clauses, the incidence of objective good faith was also demonstrated in terms of public law, as it is an ethical-legal principle and a transdisciplinary legal category, whose aim is to achieve the maximum realization of a constitutional value. The transformation of civil liability in postmodern society ('risk society') was examined in view of the mitigation of its classic assumptions (guilt, nexus and damage) and a fourth evolutionary phase of state civil liability was pointed out, that is, the State as guarantor of fundamental rights, which is why the specific state omission must be recognized in the light of new principles, and, among which, objective good faith. It was attested that such specific omission constitutes an infringement of the duty of diligence of the Constitutional State, thus violating the 'duties of consideration' relating to objective good faith, which is also rooted in constitutional principle (morality, efficiency, security, legality etc.). It was argued that objective good faith is a principle-norm (optimization command) and not a norm-rule, being subject to restriction, through the proportionality test, the result of which generates its essential content, thus present in the private law and public law. It was noted that the Brazilian legal system does not follow the Free Law School, which rejects the culture of judicial decisionism in force. Finally, it was concluded that objective good faith, regardless of Roman contractual law, has a normative force to reach the other branches of law (private and public), being a principle-norm that generates an essential content and that, in view of of its imprecise practical application, it must be operationalized in the light of constitutional civil legality, regarding legal certainty, based on the authority of the argument and not on the argument of authority (arbitrary, sentimental and ideological). Fri, 01 Jan 2021 00:00:00 GMT https://ri.ufs.br/jspui/handle/riufs/17471 2021-01-01T00:00:00Z https://ri.ufs.br/jspui/handle/riufs/15171 Título: A aplicação do princípio da solidariedade pelo Supremo Tribunal Federal entre os anos de 1988 e 2021:entre o direito à proteção previdenciária e o dever de contribuir Autor(es): Costa, Victor Ribeiro da Abstract: This research deals with the application of the solidarity by Brazilian's Supreme Court (Federal Supreme Court) from 1988 to 2021 and aimed to analyze how (with what argumentative pattern quality) this incidence happened and what was this norm's role on Court decisions. This subject is relevant because solidarity is elementary for equating the tension between the Welfare State and the Tax State, translated to social security field as a tension between social security rights and the duty of contributing to a contributory pension system that, despite its solidarity features, also needs to maintain a financial and actuarial balance (according to articles 40 and 201 of the Brazilian Federal Constitution). Regardless of its relevance, the judicial application of the solidarity principle is still being neglected as a research theme and stands as a scientific blind spot on this matter, which reinforces the necessity of investigating this question. For so, this research utilized the hypothetic-deductive method and raised the initial hypothesis the idea that this norm would be used in opinionated and poorly systematic arguments (RODRIGUEZ, 2013), also producing faltering and contradictory effects. Testing it required bibliographic and empirical (jurisprudential) research, with quantitative and qualitative approaches. On the first step, a literary (bibliographical) revision took place for comprehending the norm, its application context, and the Court decisions patterns. The second part consisted of an exploratory study of the quantitative tendencies of this application, especially its chronological evolution, kinds of court cases, litigants and winners, related social security themes related to it, associated norms, effective functions, and application modalities. In the end, the third part of this research studied the norm incidence in three paradigmatic cases (the Declaratory Action of Unconstitutionality 3105 and the Extraordinary Appels 827.833/SC and 593.068/SC). Doing so, it aimed to comprehend with what argumentative quality this principle was used and what its role on cases solution. At last, it was possible to corroborate the hypothesis partially. Even though the Court applies solidarity in a casuistic and poorly systematic (faltering) way, the research was not capable of identifying an argumentative pattern strictly opinative since the heterogeneous judges' opinions (some of them were even systematic). Sat, 01 Jan 2022 00:00:00 GMT https://ri.ufs.br/jspui/handle/riufs/15171 2022-01-01T00:00:00Z https://ri.ufs.br/jspui/handle/riufs/13469 Título: Por uma epistemologia do campo da Educomunicação: a inter-relação Comunicação e Educação pesquisada nos textos geradores do “I Congresso Internacional sobre Comunicação e Educação” Autor(es): Bari, Valéria Aparecida Abstract: Epistemological research that seeks to establish the interrelational state of the art in the fields of Communication and Education, by locating evidence that confirms its emergence as an autonomous field of knowledge through Ismar de Oliveira Soares’s theoretical approximation which defines educommunication. The universe of texts which serves as the object of observation and exploration for this research is the set of generating texts which makes up the Annals of the I International Congress on Communication and Education. Mon, 01 Apr 2002 00:00:00 GMT https://ri.ufs.br/jspui/handle/riufs/13469 2002-04-01T00:00:00Z https://ri.ufs.br/jspui/handle/riufs/8710 Título: A experiência da audiência das telenovelas em Portugal: um modelo a partir da teoria fundamentada em dados Autor(es): Ferreira, Raquel Marques Carriço Abstract: This research is about the spectatorship of Brazilian and Portuguese soap operas in Portugal. The Grounded Theory approach was employed to derive a “SOAP OPERAS SPECTATORSHIP MODEL” firmly rooted in the perspectives of 49 soap operas viewers. The resulting model reveals three groups of motives for viewing soap operas: a) mood management, b) habit, and c) social integration/ learning. Within the model, each motivation group is associated with a particular strategy and level of exposure to soap operas, as well as predominant choices about the soap opera’s national or foreign origin. With regard to Portuguese soap operas, particular attention is paid to the receptor´s social integration and learning, the latter allowing him/her to use the contents in his/her personal context: The receptor is being counseled in the taking of decisions, given the opportunity to evaluate feelings and behaviors, and to confirm or adjust attitudes, styles and behaviors. With regard to Brazilian soap operas, the motive of mood management is highlighted, though not excluding the other above mentioned groups of motives. Establishing the relationships between the concepts identified in the research, the study presents the viewers´ experiences with soap operas in Portugal. Fri, 01 Oct 2010 00:00:00 GMT https://ri.ufs.br/jspui/handle/riufs/8710 2010-10-01T00:00:00Z