Lex Humana (ISSN 2175-0947)
Lex Humana (ISSN 2175-0947) was founded in 2009 by faculty members of the UCP Center for Legal Sciences to publish articles resulting from research and investigations in the area of social sciences with a predominant focus on law. Since 2012, it is linked to the Postgraduate Program in Law (PPGD) of the Catholic University of Petrópolis.
From 2009 to 2022, it published its annual issues semiannually. From 2023 on, it will publish quarterly issues.According to the official result of CAPES's Qualis Periodicals 2017-2020, Lex Humana received a B1 grade, achieving its best grade since its inception in 2009.
Lex Humana is indexed in several international databases. See the complete list on the journal indexation page.
- JURISDICTION IN ALGORITHMSpor Silvia de Fátima Maciel el febrero 3, 2024 a las 12:00 am
The aim of this paper is to investigate whether, and to what extent, the use of artificial intelligence (AI) in judicial decision-making is supported by the constitutional norms relating to Brazilian jurisdiction, especially from a review of the principles of due process of law, the natural judge, indelegability, impartiality and, finally, the motivation of judicial decisions. This research uses a deductive approach, starting from theoretical and general premises relating to jurisdiction and then confronting them with the AI tools used in judicial decision-making, thereby fulfilling the general objective presented, without losing sight of a critical perspective on the phenomenon studied. As for the research techniques, this is bibliographical and documentary research. As a result, it is clear that the use of AI in decision-making poses considerable risks to compliance with the guarantee of due process of law, and thus clashes with the principles of jurisdiction and presents new challenges and problems. Based on this review in the light of the digital age, an interpretation is suggested in which the human dimension is considered, giving rise to the constitutional right to judgment by a human being as an intrinsic element of the natural (and human) judge principle.
- THE ADMINISTRATION OF JUSTICE IN CIVIL ENFORCEMENT ACTIONS IN PORTUGAL AS A POSSIBILITY FOR IMPROVING THE PERFORMANCE INDEXES OF THE BRAZILIAN JUDICIAL POWERpor Ana Carla Werneck el febrero 3, 2024 a las 12:00 am
This article addresses the scenario of the “new” crisis of the Judiciary and does so from a quantitative analysis, as well as analyzing the actions in the execution phase as important contributions. Next, it examines the scenario in Portugal with the arrival of the Troika and its consequences for the justice system, specifically regarding the success of efficiency in the processing of civil executive actions in the Portuguese context. The objective is to present the Portuguese experience of good administration of justice as a possibility of mirroring the Brazilian Judiciary. The methodology focuses on the deductive approach method, regarding the research technique, the work was developed through indirect and direct documentation, with empirical research being carried out based on the collection of statistical data (Brazil and Portugal). Furthermore, regarding the procedural methods for development, they are historical and comparative, the latter in Pierre Legrand's approach. It is concluded that the Brazilian Judiciary needs better administration of justice and that mirroring the successful Portuguese experience can provide positive impacts in this scenario.
- ARBITRATION REQUIRED TO SETTLE CONSUMER DISPUTESpor Ricardo Pedro el febrero 3, 2024 a las 12:00 am
Thisstudy presents an analysis of arbitration as a way to solve consumer disputes in Portugal in a mandatory or necessary way. It puts consumer law and arbitration into context, highlighting the advantages of alternative dispute resolution for consumers. National and European legislation is then addressed. Subsequently, the main constitutional jurisprudence on necessary arbitration and the ordinary regulatory framework are discussed. It also addresses the necessary arbitration and related figures in general and in consumer law. Lastly, the main requirements that necessary arbitration has to meet for the resolution of consumer law disputes are discussed.
- BUILDING ELECTRONIC COURT IN VIETNAMpor Bich Thao Nguyen el febrero 2, 2024 a las 12:00 am
Nowadays, building electronic court is a global trend in response to the Covid-19 pandemic and the need to tackle court delays. The Fourth Industrial Revolution has brought great opportunities for countries to introduce digital transformation into the judicial sector. In recent years, Vietnam has also made significant efforts to strengthen its judicial reform and build electronic court to meet the demand of the digital era; however, the result is modest. This article aims to review and evaluate the recent developments in building electronic court in Vietnam, identify shortcomings and challenges that need to be overcome. From there, the article makes recommendations for Vietnam to achieve greater success in building electronic courts and keep up with other countries.
- CATEGORY "SPECIAL KNOWLEDGE" IN THE CRIMINAL PROCESS OF UKRAINE AND IN OTHER TYPES OF LEGAL PROCEEDINGSpor Andrii Antoshchuk el febrero 2, 2024 a las 12:00 am
The article studies the concepts, types and subjects of special knowledge in criminal proceedings and other types of legal proceedings. The general scientific term "knowledge" is analyzed, which, in addition to the knowledge itself, covers practical skills and abilities of a person. It is proved that the concept of "special knowledge," which is used in various legal processes, is a conditional term in relation to scientific knowledge. After all, the knowledge of specialists of one profession for persons of another profession is considered special. The use of special knowledge is provided for in the legislation of Ukraine, namely the Criminal Procedure Code, the Civil Procedure Code, the Code of Administrative Procedure, the Commercial Procedure Code, the Customs Code, the Tax Code and other laws. It is noted that knowledge in the field of law cannot be considered special knowledge. Expert and specialist have special knowledge in criminal proceedings. It is concluded that the common features of the relevant definitions are the provision on the belonging of their subjects-carriers to the sphere of criminal justice, as well as the purpose of using this knowledge.