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Direito em debate: discussões jurídicas acerca de leis, doutrina e jurisprudência

2025-10-21T23:54:36+02:00

O livro “Direito em debate: discussões jurídicas acerca de leis, doutrina e jurisprudência” traz interessantes reflexões jurídicas interdisciplinares e multidisciplinares. De forma acadêmica, diversas análises do universo jurídico são realizadas, com linguagem acessível tanto a profissionais da área quanto a leitores universais.

CAPÍTULO 01:

2025-10-21T23:46:42+02:00

This chapter analyzes the role of conciliation and mediation in resolving the conflicts arising from the collapse of the Fundão dam, in Mariana (Minas Gerais, Brazil), which occurred in 2015. The case involved the companies Samarco, BHP Billiton, and Vale, which, despite their good faith and willingness to compensate the affected populations, faced judicial delays and the communities’ limited understanding of alternative dispute resolution mechanisms. To overcome this impasse, the Simplified Compensation System NOVEL was developed and implemented in 2020, during the COVID-19 pandemic, providing a fast, accessible, and transparent reparation channel. The research, based on a qualitative and descriptive approach, included document analysis and literature review of reports from Fundação Renova, court rulings, and specialized legal and social sources. The findings indicate that NOVEL enabled compensation for more than 70,000 people within its first year and over 200,000 beneficiaries later, while strengthening community trust and improving administrative and judicial efficiency for the companies involved. It concludes that conciliation and mediation, when supported by technology and good faith, constitute effective instruments of social justice, institutional sustainability, and trust rebuilding among corporations, the State, and civil society.

CAPÍTULO 02:

2025-10-22T00:21:37+02:00

This chapter examines the complex and dynamic interaction between laws, doctrine, and jurisprudence in the Brazilian legal system after the 1988 Constitution. In a context of redemocratization and strengthening of the Judiciary, understanding how these three sources of law mutually influence each other is fundamental to analyzing the country's social and legal transformations. Based on a systematic review of scientific articles indexed exclusively in the SciELO database, this study seeks to analyze the role of the Federal Supreme Court (STF) as a central arena for legal debates, the influence of academic production (doctrine) on the formation of judicial decisions (jurisprudence), and the law's response to contemporary tensions. The adopted methodology, focused on the qualitative content analysis of high-impact articles, allows for the exploration of themes such as the implementation of social rights in the face of resource scarcity, the dialogue between national jurisdiction and international human rights courts, the affirmation of new rights for minority groups, and the challenges posed by the digital age to privacy. The conclusions point to a scenario of increasing judicialization of political and social issues, where doctrine acts as an engine of innovation and jurisprudence, especially that of the STF, assumes a leading role in the materialization of constitutional precepts, continuously redefining the contours of the Rule of Law in Brazil.