https://tede.unisantos.br/handle/tede/40 2026-03-31T21:12:01Z 2026-03-31T21:12:01Z https://tede.unisantos.br/handle/tede/8106 2026-03-31T20:03:17Z 2025-10-20T00:00:00Z

Title: Direito comparado: sentença canônica de nulidade matrimonial e sua incorporação no ordenamento brasileiro Abstract: In this dissertation, the autor aims to contribute in the improvement of national legal knowledge, especially in the field of comparative matrimonial law, in order to promote and encourage the correct implementation of Canon Law within national territory, displaying that the Ecclesiastical Law has a strong influence on the origins of Brazilian legislation, in order to avoid the production of undesirable effects due to the internalization of canonical judgements. Thus, it discusses primarily the internalization within the Brazilian legal system – in the extrajudicial sphere and throught action before the Superior Court of Justice – of judgement of canonical matrimonial nullity, handed down by the Ecclesiastical Courts, pervading, so, by a study about comparative law; the Brazil-Holy See Agreement; the institutions of marriage in the Brazilian Civil Code and in the Canonical Code; the grounds for nullity and voidability, as well as their implications; the jurisdiction for the recognition of foreign judgments in Brazilian territory, and the requirements for this procedure. The study's relevance is evident in light of the growing number of canonical marriage nullity cases before the Ecclesiastical Court of the Diocese of Santos – which can trigger actions before the domestic judiciary to homologate a foreign judgement, and even attempts to internalize it directly in the extrajudicial registry – as well as in view of the originality of the research in the academic field. In the social field, the failure to correctly apply legal concepts can result in undesirable effects, affecting the patrimonial and personal rights of the parties. Thus, the initial guiding question is whether or not it is necessary to homologate all canonical judgements of matrimonial nullity, given the legislative change that waives the homologation before the Superior Court of Justice of foreign rulings of consensual divorce (CPC, art. 961, §5). Concluding that the institute of canonical matrimonial nullity and consensual divorce are incompatible, and therefore, the need for homologation prevails, the paradigm judgments handed down by the Superior Court of Justice on the matter and the existence of technical errors that compromise the correct application of the law are analyzed, unfolding in the effects resulting from homologation in spite of the notorious incompatibility of the institutes. Type: Dissertação

2025-10-20T00:00:00Z https://tede.unisantos.br/handle/tede/8105 2026-03-31T19:22:32Z 2025-10-20T00:00:00Z

Title: Irmandade ou (in)tolerância: o repensar da luso-brasilidade para uma cooperação Brasil-Portugal contra a xenofobia e o racismo Abstract: Over the last two hundred years, Brazil and Portugal have experienced adverse moments in their political and social relations, facing structural dilemmas that date back to the colonization period and have characterized the basis of bilateral dialogues in the social, economic, migratory, legal, and political spheres, resulting in secular distancing and rapprochement. In the contemporary era, the two countries have stabilized their political exchanges through joint government efforts to promote a Luso-Brazilian community, based on the ideal of brotherhood between peoples and emphasized in political summits, multilateral forums, and media discourse. However, despite this emphasis, recent decades have seen an escalation of hostility in social relations between Brazilians and Portuguese, with Brazilian immigrants increasingly reporting physical, moral, verbal, and psychological abuse in Portugal. The current degradation of the human rights of Brazilian immigrants in the country finds space in the propagation of contemporary extremist and nationalist discourses, of a xenophobic and racist nature, which seem to be linked to the old stereotypes attributed to Brazilians since colonization and the reworking of old imperial hierarchies between peoples. The hypothesis proposed in this study is that, even with the evolution of exchanges between the states, the actions of the public authorities of both countries have historically been inefficient in enacting legal and political measures aimed at a complete decolonization and a break with colonialist impressions. Instead, more utilitarian exchanges were conducted, which, in the somewhat vague discourse of fraternal Luso-Brazilianism, provided political and capital gains for the ruling elites to the detriment of the most vulnerable population. The result of this process would be the non-elimination of social tensions that generate the discourses currently observed, from the popular sphere to the center of the State, jeopardizing the fundamental rights of the victims. This study is divided into three chapters, carried out using a hypothetical-deductive method and documentary and bibliographic research methodology, using an interdisciplinary approach mainly between History, International Relations, and International Human Rights Law. The main objectives of the text are to understand the possible correlation between the political use of Luso-Brazilian identity and the current scenario of violence; to ascertain which legal loopholes and political movements foster the proliferation of hatred in Portugal and to understand the patterns of violence; to outline prospects for Brazil-Portugal cooperation capable of mitigating the advance of discrimination between peoples through interculturality. At the end of the study, elements of the established hypothesis are proven and a new effort is advocated for a transnational cooperation that addresses both the shared history and the political and cultural meaning of Luso-Brazilian identity, in addition to the internal legal systems of the States regarding discrimination. It is understood that this process requires bilateral and multilateral efforts and the appreciation of the contributions of various non-state actors involved in the debate, within a logic of strengthened governance. Type: Dissertação

2025-10-20T00:00:00Z https://tede.unisantos.br/handle/tede/8101 2026-03-25T21:01:03Z 2025-09-30T00:00:00Z

Title: Justiça ambiental: a vulnerabilidade humana decorrente do aquecimento global Abstract: Centuries of environmental degradation and intensive exploitation of natural resources have caused severe consequences for biodiversity, leading to global warming and extreme weather events. Global warming is a climatic phenomenon characterized by the rise in the Earth’s average surface temperature, associated with the emission of greenhouse gases resulting from the burning of fossil fuels, industrial activities, and deforestation. Any further increase in global temperature will directly affect human health, leading to higher mortality rates. However, climate change will not impact all populations equally, as those in vulnerable conditions will be the most affected. In this context, environmental justice emerges as a central element for understanding the interactions between social vulnerability and the climate crisis. The Paris Agreement sought to address this issue through mitigation targets and climate financing; however recent reports from the UNFCCC and UNEP highlight political stagnation, insufficient goals, and the risk of global warming exceeding 3ºC by the end of this century. The crisis of climate governance is marked by short-term economic interests, the lack of political will, and structural inequalities between the Global North and the Global South, reflected in the historical accumulation of emissions by industrialized powers in contrast with the vulnerability of developing countries. It is concluded that the climate emergency transcends the environmental sphere, constituting a political, ethical, and civilizational issue whose response requires a global commitment to climate justice, international solidarity, and respect for the environment. Type: Dissertação

2025-09-30T00:00:00Z https://tede.unisantos.br/handle/tede/8096 2025-10-06T16:17:08Z 2025-05-29T00:00:00Z

Title: Implementação dos objetivos de desenvolvimento sustentável (ODS) no Município de Cubatão - São Paulo : desafios e perspectivas Abstract: The Global Agenda proposed by the UN in 2015, ratified by 169 countries, represents a fundamental milestone for building a sustainable future for humanity. However, it is clear that, in many countries, the goals and commitments of the 2030 Agenda have not yet been effectively implemented. In Brazil, the effort to integrate these Sustainable Development Goals (SDGs) into the local context has been carried out mainly through initiatives in the municipalities. Within this scenario, this research proposes to analyze the implementation of the SDGs in the city of Cubatão-SP, investigating the strategies adopted, the progress achieved, as well as the challenges faced in the process. The analysis was conducted using the hypothetical-deductive method, which combines a bibliographic review and analysis of the pertinent regulatory framework, with a field survey conducted among the main actors involved in local implementation. By examining public policies and actions taken by the municipal administration, the research identified both the solutions already adopted and the barriers that still hinder the full compliance with the 2030 Agenda in the municipality. The research considered initiatives that demonstrate the effectiveness of sustainable actions promoted by local communities and the importance of social mobilization for the achievement of the SDGs. In addition, collaboration with external entities, such as state and federal agencies, and the role of public-private partnerships in the implementation of policies were evaluated. The overall objective of the research was not only to map the biggest challenges faced by Cubatão in the process of implementing the SDGs, but also to propose practical solutions that can contribute to the advancement of these goals in the municipality. The research concluded that Cubatão is initiative to voluntarily adopt the SDGs is positive, but its implementation is in its early stages, requiring greater strengthening, expansion of partnerships and internal administrative reorganization. The Municipal Commission was successful in uniting different agents, disseminating the topic and grouping sustainable projects. However, the municipality still faces major socioeconomic challenges due to its history of industrial exploitation, requiring a more specific approach to ensure the effective achievement of the SDGs. Therefore, the research suggests the creation of a Municipal SDG Implementation Plan, transforming voluntary action into mandatory through a normative instrument, with defined responsibilities for municipal agencies and budgetary provision to guarantee the necessary resources. It also highlights the need to review indicators, as in the case of SDGs 7, 9 and 14, to make the goals more precise. Effective implementation still depends on the integration of technical and social knowledge, financial investments and partnerships. The research confirms that, despite Cubatão is historical difficulties, overcoming these barriers is possible, with political commitment and the integration of public policies being essential. In addition, strengthening community participat ion and creating channels of communication with the population are essential for democratic governance. The research reaffirms that, although the municipality faces budgetary limitations and fragmented public policies, the prospects for progress in implementing the SDGs are viable, especially with the construction of strategic partnerships and the commitment of local leaders. Type: Dissertação

2025-05-29T00:00:00Z