A e C - Revista de Direito Administrativo e Constitucional

The purpose of this article is to evaluate an issue involving arbitrator Anderson Schereiber in an arbitration case between minority shareholders and Petrobrás. To this end, carrying out a detailed study based on the reports from websites and magazines which highlighted the case is mandatory. In addition, a closer notion of the technical intricacies surrounding the statutory arbitration clause and the appointment of an arbitrator arising from it becomes necessary. As a result of the matter implying this topic, the study of the impediments and suspicions inherent in the judges registered with the arbitration chambers and, especially, what can be interpreted as a conflict of interest and its extent in the arbitrator's objection upcomes as a basic premise. Thus, the research problem to be answered through the text is: "Do cases such as the one occurred in the arbitration involving minority shareholders and Petrobras have the power to discredit the institute as a swift and effective measure in dealing with conflicts before the Public Administration?". In order to carry out this research, the deductive method was applied, as well as the bibliographical and documentary research was chosen among the existing technical procedures.

Hipólito Domenech Lucena

Fabiana Marion Spengler

A&C - Revista de Direito Administrativoe & Constitucional

Caso Abradin-Petrobrás: o futuro da arbitragem em xeque?

阿布拉丁-巴西石油公司案：仲裁的未来岌岌可危？

In the face of the frequent use of impeachment in Latin America after redemocratization in recent years, this study aims to analyze whether this mechanism continues to serve to control the presidential abuse of power, as idealized in the constitutions, or whether it has become a political maneuvering tool for the president's opponents. The hypothetical-deductive and comparative method was employed, along with bibliographical, doctrinal, and documentary research, especially Pérez-Liñán's study on the conditions that favored Latin-American political instability. It concluded that the open constitutional norms that institute impeachment must necessarily be interpreted in accordance with constitutional and Inter-American requirements of due process. However, they cannot prevent their arbitrary use by political opposition in parliament.

Ana Carolina Lopes Olsen

O impeachment na América Latina: entre o abuso parlamentar e o controle do Executivo

拉丁美洲的弹劾：介于议会滥用与行政控制之间

The maxim “the King can do no wrong” is not intellectually honest. Based on a logical fallacy, it favours those who exercise authority. The rule of law is incompatible with the absence of accountability for public authorities. The immunity conferred on power is not only outdated and obsolete, but also unjustifiable. In an open society, it is essential to recognise the fallibility of authorities and the consequences of public shortcomings. The greater the power, the greater the responsibility. Civil liability represents an additional means of legitimising power, as well as an instrument of control and balance of powers, in addition to criminal, disciplinary, financial, administrative legality and political or parliamentary control. That said, it is also important to establish reasonable limits on public responsibility, not only in the legislative and judicial spheres.

Isabel Mousinho de Figueiredo

Erros do poder público e responsabilidade civil

公共权力错误与民事责任

For a broader and structured view of CVM's sanctioning activity, it is relevant to research administrative decisions that reveal organized and reliable knowledge, with the potential for evaluating coherence and changes in the regulator's understandings. Therefore, it is necessary to build databases with detailed classification of decisions, as well as subsequent analytical reports. Databases have proven to be crucial for conducting various studies based on empirical evidence. This article aimed to provide a detailed presentation of how the MFCap database was constructed and the methodological criteria used.

Ana Paula Ribeiro Nani

Marcos Galileu Lorena Dutra

Ezequiel Fajreldines Santos

Viviane Muller Prado

Metodologia de pesquisa empírica para a análise da atividade sancionadora da CVM

CVM制裁活动分析的实证研究方法

This article reflects on the judiciary's protagonism, specifically about the limits necessary to contain an activist behavior of the Brazilian judiciary. After the promulgation of the 1988 Constitution, it is denoted that the posture of acting only upon provocation is no longer observed in the behavior of the Brazilian judiciary. This article deals with the subject from the analytical-deductive method with theoretical reflection on the literature pertinent to the Constitutional State and the judicialization of politics in Brazil. It is concluded here that the protagonism of the judiciary and its characteristic correlated phenomena, as is the case of the judicialization of politics, is placed as an expected corollary in a context of consolidation of the Democratic State of Law and is also favored by some peculiarities of the Brazilian political system. It is suggested that one of the means to contain the exacerbated exposure of the Brazilian judiciary is to favor collegiate decisions in the STF over monocratic ones, ensuring the ratio decidendi and legal certainty.

Fernando Bueno de Castro

Doacir Gonçalves de Quadros

Quem decide no STF e o protagonismo do Supremo

谁在最高法院做决定及最高法院的主角地位

Administrative food law is moving towards a framework that promotes healthy eating, not only in terms of governance, safety and food labelling, but also by introducing behavioural science concepts as interventions to encourage better eating habits. Although nudges arouse the interest of authorities due to their non-coercive nature in influencing consumer behaviour, they bring legal and administrative challenges. This article explores the relationship between administrative food law, nudges and the complexities of their legality. By examining cases of nudges on eating habits, their effectiveness and alignment with administrative regulations, the article seeks to address the question of how to strike a balance between the potential benefits of such interventions in promoting healthier diets and the principle of proportionality. It concludes that nudges for healthy eating should not be purely paternalistic in order to pass the necessity test of the proportionality principle, but are unlikely to be a suitable measure from the point of view of effectiveness.

Felipe Andrade

Direito administrativo da alimentação e nudge: alimentação saudável e proporcionalidade

行政法与饮食：健康饮食与比例原则

This study aims to analyze the constitutionality of the current regime of provisional protection of unavailability of assets, sanctioned in the Brazilian legal system by Law n. 14,230/2021. The methodology used in the investigation was descriptive-exploratory, with emphasis on the analysis of the legal arguments built over the last 20 years by doctrine and jurisprudence. Firstly, the contours of administrative impropriety in the national order and the jurisprudential, doctrinal and legal aspects related to the precautionary measure of unavailability of assets in actions of improbity were presented. Next, the essential characteristics of precautionary measures within the scope of Civil and Criminal Procedure were discussed, which contributed to the analysis of the constitutionality of the current regime of provisional protection of unavailability of assets. Finally, in the last topic, an analysis was made of the constitutionality of the new regime of provisional protection of unavailability of assets in actions of administrative improbity, concluding that the new legal device, which demands the presence of the double requirement of precautionary measures (fumus boni iuris and periculum in mora), is the one that best conforms to the legal principles in force in the Brazilian normative system.

Dijeison Tiago Rios Nascimento

Fábio Lima Quintas

A tutela provisória de indisponibilidade de bens no regime da lei de improbidade administrativa

行政不法行为法制度下财产临时保全的不可用性

Public procurement plays a fundamental pillar as an instrument able to ensure a more efficient use of public resources. In the context of European Union, the Directive 2014/24/UE of the European Parliament and the Council, which takes care of public procurement, made notable changes in relation to the causes of exclusion of economic agents from participating in contracting procedures. In Brazil, New Public Procurement and Administrative Contracts Law, Law n. 14.133/2021, also promoted changes in relation to the sanctioning scope and the possibilities of rehabilitation of companies. In this way, the objetive of this article is, in the light of the principle of competition, analyze the limits of the restriction clauses required from the design of Self-Cleaning, as an institute of community law able to relativize the expulsion grounds set out in the Directive, relating them to the new Brazilian legislation. The comparison between the legislations shows that while Europe has an established and detailed system for self-cleaning, the Brazilian approach is still maturing and could benefit from European practices to strengthen public policies through mechanisms for the reintegration of economic operators. The conclusion is that the experience observed through the Directive can contribute to Brazil's public procurement system, optimizing transparency, competitiveness, and especially, integrity in public contracting processes.

Adriano Farias Puerari

Lucas Pacheco Vieira

Self-cleaning e exclusão obrigatória de operadores econômicos: uma análise comparativa entre a Diretiva 2014/24/UE e a lei de licitações brasileira

自清洁与经营者强制排除：欧盟2014/24/EU指令与巴西招标法之比较分析

This paper studies the Constitutional Court of Colombia decision T-1077/2012, one of the most important precedents of constitutional protection of the Right to health through the precautionary principle. The objective proposed by the authors is to study the conditions of invocability of the precautionary principle that were considered in the sentence. Based on the precedent of this case, the Court created a line of interpretation that transcended to other fields, by extending its application in a reinforced manner. The methodology used was a systematic review, through a meta-analysis of the case decision, as well as a documentary analysis of the specialized literature. The paper concludes that this case became a reference for the future application of the precautionary principle in public health. The Court moves away from the classical conception of the principle to prevent strictly environmental risks, reformulating its constitutional protection to the field of the right to health, in a context of scientific uncertainty.

Iván Vargas-Chaves

Alexandra Cumbe-Figueroa

Diana Marulanda

Aplicación del principio de precaución para amparar los derechos a la salud y a un ambiente sano: análisis de la Sentencia T-1077 de 2012 de la Corte Constitucional

预防原则在保障健康权和健康环境权中的应用：宪法法院2012年T-1077号判决分析

The public procurement market is consolidated as the new paradigm to understand transactions between public authorities and the private sector to meet their needs. This makes the economic perspective of this discipline revolve around providing measures that seek the efficiency of the market. This text argues that such efficiency is achieved when the precise roles of the regulatory agent and the purchasing agent whose objectives are different but their harmonious collaboration is what generates the environment of commercial normality are identified and assigned; this position is explained through an analysis of the Colombian case with the risks to efficiency represented by a regulation directed exclusively from the central sector and an institutional measure is proposed to mitigate them.

Alejandro Antonio Barreto Moreno

La compra eficiente en los territorios: un gran reto para el mercado de compra pública colombiano en un ambiente ampliamente regulado

在受严格监管的环境中，哥伦比亚公共采购市场的有效采购：一项重大挑战

短名
Journal Impact	0.30
国际分区	LAW(Q4)

涉及主题	哲学艺术人文学科政治学
出版信息	出版商: Instituto de Direito Romeu Felipe Bacellar，出版周期: ，期刊类型: journal，开源期刊: 否
基本数据	创刊年份: 2019，原创研究文献占比: 100.00%，自引率:50.00%， Gold OA占比: 95.50%

A e C - Revista de Direito Administrativo e Constitucional

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