Revista Direito Mackenzie

SECURITY INCIDENTS, DATA LEAKS AND CYBER ATTACKS:

2025-08-11T21:00:21-03:00

The central problem of the study is to verify how the STJ has applied the law in cases involving security incidents, such as data leaks and cyber attacks, considering the multiplicity of forms, agents and different impacts that such incidents can have. The aim is to analyze the concepts of security incidents and investigate how the STJ has applied the law in two precedents, REsp 2.147.374/SP and AREsp 2.130.619/SP. To this end, the deductive research method is adopted, based on bibliographical, documentary and jurisprudential research. Based on the cases studied, it is concluded that there are conceptual inconsistencies arising from a possible generalization of the term security incidents, a circumstance that can hinder the application of the law. It is necessary to improve the technical understanding of security incidents, their differentiation, as well as recognizing risk as a relevant element for civil liability, corroborating the consolidation of practices consistent with the LGPD.

PERSONAL DATA PROTECTION IN THE DIGITAL AGE:

2025-10-31T16:04:02-03:00

This research addresses data protection and the impact of social and economic transformations resulting from the use of digital platforms and applications, in the context of the sharing economy and Big Techs companies. The study adopts the hypothetical-deductive method, based on bibliographic and normative analysis. The general objective is to investigate the role of law in data governance, privacy protection, the transformation of the digital consumer market, and its interface with competition law and regulation regarding data control by Big Tech companies. Specifically, it seeks to examine the function of information in digital platforms and to assess the regulatory challenges posed by this scenario, considering the impacts of the sharing economy and the effects of informational asymmetry in the digital environment. As a result, it is possible to see a need to reconfigure traditional legal concepts that can help in solving issues that violate the right to protection of personal data.

“QUEEN BEE” SYNDROME IN LEGAL CAREERS

2025-10-15T09:40:43-03:00

The aim of this study is to understand, through an integrative literature review, the phenomenon of queen bee syndrome in legal careers. The problem is: how does the phenomenon of queen bee syndrome manifest itself in legal careers? The expectation is to map policies, actions and practices that address the problem within legal careers, enabling greater equity between women and men. Studies on the theme of queen bee syndrome in careers are analyzed. After that, an integrative literature review is performed. It contributes by highlighting the limits, indicating that there is a thematic invisibility, which does not necessarily correlate with the absence of manifestation of the phenomenon. The need for research to map the phenomenon, indicate its origins, manifestations and effects is indicated. The result is the lack of mapping of policies, actions and practices that aim to address the problem within legal careers; and the lack of data on the problem, its incidence and its manifestations in these careers.

THE APPROPRIATE MEANS OF CHALLENGING THE JUDGMENT OF AN UNTIMELY CIVIL APPEAL THAT VIOLATES THE RES JUDICATA

2025-10-20T10:02:11-03:00

This article investigates the appropriate means to challenge a judgment resulting from the judgment on the merits of an untimely Civil Appeal. This problem is identified in cases where the appeal defect related to time is ignored by the reviewing Court, as well as by the parties, resulting in the res judicata of a judgment that is irreconcilable with the judgment covered by the res judicata, which occurred at the time the appeal period elapses. The method is hypothetical-deductive, through bibliographic and documentary research. In the end, it is concluded that the Declaratory Action of Legal Non-Existence, called Querelas Nullitatis, is the most appropriate means to challenge this type of judgment, regardless of the Rescisory Action and its time period, since it is a defect of non-existence.

CLIMATE EMERGENCY IN THE FAR NORTH OF BRAZIL:

2025-11-07T20:20:08-03:00

The state of Roraima, located in the far north of Brazil, suffered from wildfires, smoke in urban centers and a severe drought at the beginning of 2024, symbolizing a true climate emergency scenario. In response to this period, Congressman Lucas Souza presented Bill No. 135/2024 in the Legislative Assembly, with the aim of recognizing the climate emergency in Roraima, which was converted into Law No. 2,115/2025. This article seeks to analyze this legislation in order to assess its impacts on state climate governance. For this analysis, the “climate emergency attributes” methodology was adopted, as well as the bibliographic and documentary research technique. In conclusion, it was observed that the legislation provides ample protection for emergency attributes, but that there are still points that deserve repair. The result, however, indicates that Law No. 2.115/2025 can serve as an inspiration for other member states and will serve as a bridge to the transformational governance actions being adopted at the federal level.

THE TREATMENT OF PARODIES AND PARAPHRASES AS AN EXCEPTION TO COPYRIGHT AND THE CONSTITUTIONAL EXERCISE OF FREEDOM OF EXPRESSION:

2025-09-06T21:56:30-03:00

This article analyzes the relationship between copyright and freedom of expression, focusing on parody and paraphrase as exceptions to authors' rights. Using the integrative review method and a deductive approach, the research examines the doctrine and jurisprudence of the Superior Court of Justice to determine whether there is a fundamental right to paraphrase and parody. The analysis of Article 47 of Law 9.610/1998, in light of the three-step test of the Berne Convention and the TRIPS Agreement, reveals that parody and paraphrase are legitimate expressions of creativity, provided they respect legal and constitutional limits. The study concludes that copyright and freedom of expression must be balanced through constitutional weighing and the subsumption of the norms of Article 47 of Law 9.610/1998 and the three-step test to the facts, ensuring that the protection of works does not override cultural creation and the public interest. Thus, the research reinforces the need for a normative interpretation that harmonizes the protection of copyright with freedom of expression, ensuring the full development of culture and information.

THE RESPONSIBILITY OF STATES IN CLIMATE CHANGE MATTERS IN LIGHT OF RECENT INTERNATIONAL JURISPRUDENCE

2025-10-24T23:46:08-03:00

The climate emergency requires States to adopt adequate policies to address it, yet many are reluctant to make choices that can truly keep global warming below 2°C, and preferably below 1.5°C. In the current anarchic international order, the guarantee of climate-related human rights is entrusted to the courts. Judges engage in a reciprocal and ongoing, non-hierarchical dialogue characterized by the exchange of legal concepts. Climate change litigation has pushed the courts to intervene in climate change matters, both at domestic and international levels. Courts’ decisions have begun to sketch the contours of the obligations of states in respect of climate change and the associated responsibilities. Two recent advisory opinions from the Inter-American Court of Human Rights and the International Court of Justice have given an order and enriched this framework, specifically outlining States’ binding obligations regarding climate change to protect individual rights and commitments to other States. A comparative analysis of these decisions, focused on specific themes, such as new rights-based and science-based environmental standards, specific obligations of States to prevent and combat climate change, climate vulnerabilities and human rights, intergenerational justice, is at the core of this paper and highlights similarities and differences in the reasoning of the two courts.

PUNISHMENT, HUMAN RIGHTS AND HAPPINESS

2025-10-12T17:53:45-03:00

This article examines the relationship between criminal punishment, happiness, and human rights within the context of the Brazilian legal system. Adopting a critical and interdisciplinary approach, it argues that custodial sentences have the deepest and most lasting impact on the well-being of convicted individuals, extending their effects to families, social relationships, and post-sentence reintegration. In contrast, monetary penalties and rights-restricting sanctions tend to have less permanent consequences. Drawing on the concept of hedonic adaptation, the study shows that imprisonment disrupts individuals’ capacity for subjective recovery, often leading to trauma and social exclusion. The article thus questions the compatibility of certain punitive practices with human rights principles, particularly the dignity of the individual and the rehabilitative function of punishment. The research employs a phenomenological method, including bibliographic review and document analysis. This work is thematically aligned with the research area of the journal entitled “Citizenship Shaping the State”.

PRESENTATION

2025-12-29T16:02:41-03:00