https://ri.ufs.br/jspui/handle/riufs/2539 Wed, 28 Oct 2026 23:24:19 GMT 2026-10-28T23:24:19Z https://ri.ufs.br/jspui/handle/riufs/26178 Title: A devastação ambiental em Borda da Mata (Canhoba-SE) : um estudo de caso Authors: Fagundes, Mateus dos Santos Abstract: This monograph analyzes the effectiveness crisis of Environmental Law within the context of Agrarian Reform, focusing on the case study of the Borda da Mata Settlement in the municipality of Canhoba, Sergipe. The research investigates the causes of the degradation of the São Francisco River's Riparian Forest, identifying it not as an isolated infraction, but as a direct consequence of a Programmatic Omission by the Federal State (INCRA), which implemented the project without prior Environmental Licensing and without providing the necessary Technical Assistance and Rural Extension (ATER). The study demonstrates the collapse of Cooperative Federalism and the insufficiency of the merely repressive model of fines in the face of the settlers' socioeconomic vulnerability. The methodology adopted is the structural case study, with a qualitative approach and documentary analysis. As a result, the research proves that the solution to the socio-environmental conflict required the intervention of the Public Prosecutor's Office through Structural Judicial Injunction and the imposition of a Qualified Programmatic Sentence. It is concluded that the success in the ecological recovery of the area, reaching a 400% reforestation rate, is due to the thesis of Total Financial Regressive Responsibility, which forced the federal entity to fully fund the Degraded Area Recovery Plan (PRAD), transforming the Judiciary into an inducer of public policies and a guarantor of Environmental Justice. Thu, 27 Aug 2026 00:00:00 GMT https://ri.ufs.br/jspui/handle/riufs/26178 2026-08-27T00:00:00Z https://ri.ufs.br/jspui/handle/riufs/25910 Title: O princípio da legalidade estrita versus o formalismo moderado na Lei nº 14.133/2021 (Nova Lei de Licitações e Contratos Administrativos) : entre a segurança jurídica e a eficiência administrativa Authors: Barboza, Leilany Kamily Diniz Abstract: This paper examines the structural tension between the principle of strict legality and moderate formalism within the framework of Law No. 14,133/2021, the New Brazilian Public Procurement and Contracts Act (NLLCA). Drawing on bibliographic review and case law analysis from the Federal Court of Accounts (TCU) and the Judiciary, the research investigates how moderate formalism, codified in Article 12, Section III of the NLLCA, operates as an instrument to reconcile legal certainty and administrative efficiency in public contracting. The study finds that the evolution of legality toward administrative juridicity has expanded the normative parameters binding public administration to constitutional principles, conferring on moderate formalism the status of an autonomous principle. Jurisprudential analysis reveals four decisional phases of the TCU: construction (1992-2014), consolidation (2015-2020), adaptation (2021-2023), and deepening (2024-2025), culminating in innovations such as the functional equivalence theory of certificates and the snapshot theory. The conclusion is that moderate formalism does not undermine the procurement regime but rationalizes its controls, replacing the illusion of formal compliance with substantive results-oriented oversight, provided the constitutional limits of equality, qualified motivation, and prior planning are observed. Tue, 21 Jul 2026 00:00:00 GMT https://ri.ufs.br/jspui/handle/riufs/25910 2026-07-21T00:00:00Z https://ri.ufs.br/jspui/handle/riufs/25908 Title: O imposto seletivo na atual reforma tributária no Brasil : análise sob a perspectiva do controle extrafiscal do Estado Authors: Santos, José Vitor Abstract: Constitutional Amendment No. 132/2023 introduced significant changes to the Brazilian National Tax System by creating the Selective Tax, a federal tax levied on goods and services considered harmful to health or the environment. Predominantly extrafiscal in nature, this tax aims to influence social behavior by discouraging the consumption of harmful products. However, the broad discretion granted to the legislature to define taxable goods and establish tax rates raises important constitutional concerns regarding the limits of its application and the risk of misuse for primarily revenue-generating purposes. In this context, this study aims to analyze the constitutional limits and legal mechanisms capable of ensuring that the Selective Tax remains consistent with its extrafiscal purpose. The research adopts a legal-dogmatic method with a hypothetical-deductive approach, based on bibliographical research and the analysis of the Federal Constitution, Constitutional Amendment No. 132/2023, Complementary Law No. 214/2025, and the case law of the Brazilian Supreme Federal Court. The study examines constitutional tax principles, particularly proportionality, reasonableness, tax equality, legal certainty, and the prohibition of confiscatory taxation, as well as legislative and judicial review, transparency, public participation, and policy evaluation as mechanisms to prevent misuse of the tax's constitutional purpose. It concludes that the constitutional legitimacy of the Selective Tax depends on the effective preservation of its extrafiscal purpose, requiring strict compliance with the constitutional limits on the State's taxing power in order to prevent its use as a merely revenue-raising instrument. Thu, 01 Jan 2026 00:00:00 GMT https://ri.ufs.br/jspui/handle/riufs/25908 2026-01-01T00:00:00Z https://ri.ufs.br/jspui/handle/riufs/25906 Title: Adoção homoafetiva : um estudo sobre o reconhecimento jurídico dos direitos LGBTQs e da homoafetividade à luz da Teoria Queer Authors: Quirino, Renata Souza Abstract: The family's features have undergone profound changes over the years. Considering these changes, the Federal Constitution of 1988 expanded the concept of a family entity, in addition to establishing a more protective text for minorities and the dignity of the human person. Based on this, several decisions further expanded the spectrum of state protection, making it possible to recognize yet another species of family: the homoaffective. Thus, considering that these family entities have been equated with heteroaffective family entities, the legal possibility of Homoaffective Adoption arises. It happens that both the recognition of same-sex unions as a family entity and Homoaffective Adoption, are the result of jurisdictional activity. Therefore, the present work aims to highlight the low legal recognition of LGBTQ and Homoaffective Rights due to the heteronormativity present in brazilian law. Wed, 01 Jan 2020 00:00:00 GMT https://ri.ufs.br/jspui/handle/riufs/25906 2020-01-01T00:00:00Z