Master's Projects and Products

Project: IMPLEMENTATION OF AN INSTITUTIONAL PRACTICAL AGREEMENT THEORY, BY MEANS OF STRUCTURAL MODELS, IN THE DECISIONAL CONSTITUTIONAL INTERPRETATIVE PROCESS

Abstract: The present thesis aims, throughout the studies that will be carried out,  model a system of institutional dialogues, within the structural model proposed by Cristine Bateup, in order to expand the existing bridges of communication in the current constitutional system. Through a re-reading of Konrad Hesse, it will seek to implement a theory of institutional practical agreement, which has as primary objectives the promotion of a greater legal certainty and institutional stability in the constitutional interpretative decision-making process. Paraphrasing Hegel (2014), the primary scope is to contribute to a coherent and anti-relativistic ideal of justice (thesis defended by Dworkin), through the construction of a theory of constitutional government that is able to promote an effective dialogue between the constituted powers and not only by presenting a decision-making model.

Project: THE SYSTEM OF PRECEDENTS IN BRAZIL: THE OPENING OF COURTS TO DIALOGUE TO CONFER DEMOCRATIC LEGITIMACY TO DECISIONS.

Abstract: The system of precedents in Brazil arises as a way of conferring security to the legal system and equal treatment to similar lawsuits. But its effective application presupposes maturity and understanding of the physiological process of building precedents, given their relevance and especially their binding nature. The research proposes to follow this constructive path of judicial precedents, in line with the cultural change of Brazilian jurists, who have begun to analyze the processes not only from an individual standpoint, but also from a universal and prospective perspective.

Project: DIAGNOSIS OF THE CONSTITUTIONAL ACCUSATORY ORDER IN THE FACE OF THE SUPREME COURT'S HERMENEUTIC AULIC: THE HISTORICAL-PROCEDURAL RUPTURE OF LAW NO. 13,964/2019

Abstract: This research seeks to investigate whether the change brought by the National Congress, with the promulgation of Law No. 13,964/19, especially with the text of Article 3-A of the Code of Criminal Procedure - in reinforcement of Article 129, item I, of the Federal Constitution of 1988 - has established the pure accusatorial system in criminal prosecution in force, prohibiting the substitution of the evidential role of the prosecution body, who shall have the exclusive burden of proving the imputation contained in the accusation, without any kind of intervention. 

Project: THE RIGHT TO THE FORGETFULLNESS: AN ANALYSIS OF ITS CONSTITUTIONALITY IN LIGHT OF RONALD DWORKIN'S INTERPRETIVE THEORY

Abstract: The general objective of the thesis to be developed is to analyze the constitutionality of the right to the forgetfullness, in the light of Ronald Dworkin's interpretive theory. The study of the theme is relevant because of the conceptual imprecision of this right, with extensive doctrinal and jurisprudential debate about its constitutionality and scope, especially considering possible collisions with other fundamental rights, such as freedom of expression and the right to memory. Thus, the research aims to contribute to the understanding of the theme, as well as to the improvement of the judicial provision. 

Project: ARTIFICIAL INTELLIGENCE APPLIED TO THE ADEQUACY OF ELECTRONIC DOCUMENTS SUBMITTED TO E-PROC TO THE PDF-A STANDARD AND WITH ACCESSIBILITY ASSURANCE 

Abstract: The software and AI techniques used to ensure that PDF-A documents submitted to e-Proc have accessibility assurance, in addition to all the others inherent to the standard, will be presented. 

Project: DIGITAL SEAL APPLICATION

Abstract: The Court of Justice of the State of Tocantins (TJTO) has reached high levels of computerization of its processes, whether in the judicial or extrajudicial sphere. This scenario brings with it the need for transparency in the execution of such procedures, as well as the engagement of the people of the State of Tocantins. The development and availability of a mobile application that enables citizen access to extrajudicial information that can contribute to the consolidation of these aspects will be presented.

Product: HUMAN RIGHTS OF PEOPLE WITH DISABILITIES: ATTITUDINAL ACCESSIBILITY AS A GENERAL STANDARD

Abstract: This is a technical report in which research was forwarded to the 27 Courts of Justice of the States and the Federal District, as well as to the employees and magistrates of the TJTO, in which data on attitudinal accessibility was sought, thus generating some products such as the booklet "I can help", a banner about Human Rights and inclusion; lectures given on the theme and published on YouTube, the work in three versions: Portuguese, Braille and Sign Language.

Product: FROM TAXONOMY TO PARAMETERIZATION: UNIFIED PROCEDURAL TABLES AS A MECHANISM FOR STANDARDIZATION AND SPEED IN THE PROVISION OF JURISDICTION IN THE STATE OF TOCANTINS

Abstract: The study carried out was about the Unified Procedural Tables of the Judiciary, which were instituted by the National Council of Justice (CNJ) through Resolution No. 46 of December 18th, 2007. These tables were created with the purpose of modernizing the indexing and taxonomic classification of classes, matters and procedural movements in the common and specialized courts of all organs of the Judiciary. We try to report the activities developed by the Court of Justice of the State of Tocantins in order to implement these tables in the electronic process (e-Proc) to facilitate the collection of statistical data and standardize the procedural language with the other organs of the Justice System.

Project: PUBLIC POLICIES, THE JUDICIARY AND THE DIALOGUED SOLUTION OF LEGAL CONFLICTS

Abstract: Regional development presupposes the implementation of public policies for the prevention and compensation of environmental damage. To this end, the Federal Constitution of 1988, in line with International Conventions and Agreements, established a series of values and principles that are self-applicable in the defense and prevention of environmental damage. However, both at the national and state levels it has become common for the Judiciary to interfere to solve environmental conflicts. In this context, the judicial process has become an important arena for public debate about the future we want for the planet.  The case study of the Formoso river basin intends to demonstrate the problem, the solution, and the challenges of a dialogued judicial process, guided by alternative conflict resolution methods.

Project: LEGAL PROTECTION IN THE RECOGNITION OF THE GEOGRAPHICAL INDICATION OF HANDCRAFTS AND ITS RELATION TO DEVELOPMENT IN TRADITIONAL COMMUNITIES  

Abstract: The work intends to reach the internal perceptions of the establishment of the geographical indication of handcrafted products in traditional Brazilian communities, based on the example of the golden grass handcrafts from the Quilombola communities from Jalapão-TO. We intend to relate the legal control resulting from the GI certification with the development of the communities, from the perspective of their actors.

 

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  • História

    A Escola  Superior da Magistratura Tocantinense (ESMAT), órgão do Tribunal de Justiça do Tocantins, com sede na capital Palmas e abrangência em todo o Estado, tem por objetivo a formação e o aperfeiçoamento de magistrados e servidores como elementos essenciais ao aprimoramento da prestação jurisdicional.

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