https://repositorio.uema.br/jspui/handle/123456789/2055 2026-09-21T22:56:38Z 2026-09-21T22:56:38Z https://repositorio.uema.br/jspui/handle/123456789/6819 2026-09-18T19:39:42Z 2026-07-14T00:00:00Z

Título: Multiparentalidade e guarda: o princípio do melhor interesse da criança como critério na coexistência da filiação biológica e socioafetiva Abstact: This study analyzes the legal concept of child custody within the context of multiparentality— understood as the legal coexistence of biological and socio-affective parent-child relationships. Following the 2016 Supreme Federal Court ruling on Extraordinary Appeal No. 898.060/SC, the principle was established that socio-affective parenthood does not preclude the simultaneous recognition of a biological bond, along with its associated legal effects. This scenario gives rise to the challenge of determining custody arrangements when multiple parental bonds are recognized concurrently—a task that falls to the Judiciary, guided by the principle of the best interests of the child and adolescent, as enshrined in Article 227 of the 1988 Federal Constitution and Article 3 of the Statute of the Child and Adolescent (ECA). This study aims to investigate how this principle guides judicial decisions regarding custody in multiparental families by examining specialized legal doctrine, current legislation, and the case law of higher courts. The methodology employed is qualitative, based on a review of literature and legal documents. The study concludes that the principle of the best interests of the child serves as the central and indispensable criterion for determining custody in cases of multiparentality, taking precedence over any hierarchy between biological and socio-affective bonds.

2026-07-14T00:00:00Z https://repositorio.uema.br/jspui/handle/123456789/6814 2026-09-18T18:50:29Z 2026-07-14T00:00:00Z

Título: Responsabilidade solidária dos entes federativos no direito à saúde: análise do fornecimento de medicamentos não incorporados ao SUS à luz do Tema 1234 do STF Abstact: This study aims to analyze the joint responsibility of federative entities in the judicial provision of medicines not incorporated into the Brazilian Unified Health System, in light of Theme 1234 of the Brazilian Federal Supreme Court. To this end, it examines the development of the right to health, the organization of the Unified Health System, the common competence of federative entities, and the understanding established under Theme 793. The research was conducted through bibliographic, legislative, and jurisprudential review, focusing on Supreme Court precedents on the subject. The study found that Theme 1234 did not eliminate joint responsibility, but reorganized its application by establishing more objective criteria regarding passive legitimacy, jurisdictional competence, funding, and reimbursement among public entities. It concludes that the new precedent seeks to reconcile the effectiveness of the fundamental right to health with the administrative and financial rationality of the Unified Health System, preserving citizen protection without disregarding the limits of the federative pact.

2026-07-14T00:00:00Z https://repositorio.uema.br/jspui/handle/123456789/6773 2026-09-16T22:02:50Z 2026-07-13T00:00:00Z

Título: A implementação do juiz das garantias no Estado do Maranhão: análise à luz da Resolução nº 562/2024 do Conselho Nacional de Justiça Abstact: This paper analyzes the process of implementing the judge of guarantees in the state of Maranhão, both within the State Judiciary, under the jurisdiction of the Maranhão Court of Justice (TJMA), and within the Federal Judiciary, under the Maranhão Judicial Section, linked to the Federal Regional Court of the 1st Region (TRF1). The study is grounded in the understanding that the institute, introduced by Law No. 13,964/2019, constitutes a mechanism for giving effect to the accusatorial system and for safeguarding judicial impartiality, by establishing a functional separation between the magistrate responsible for the investigation and the one responsible for adjudicating the merits, thereby preventing the cognitive contamination of the trial judge. The paper examines the judicial review of constitutionality carried out by the Federal Supreme Court in the joint judgment of Direct Actions of Unconstitutionality No. 6,298, 6,299, 6,300, and 6,305, which upheld the institute through an interpretation consistent with the Constitution and set a deadline for its nationwide implementation, under the supervision of the National Council of Justice, giving rise to CNJ Resolution No. 562/2024. Adopting a qualitative approach and relying on bibliographic and documentary research, the study analyzes Joint Resolution Presi/Coger No. 3/2024, issued by TRF1, and Resolutions-GP No. 121/2024 and No. 31/2026, issued by TJMA, comparing them against the guidelines set by the CNJ. The findings show that both courts complied with the essential core of the national regulation, preserving the functional separation, the automation of case distribution, and the exclusion hypotheses, albeit through distinct structural models. The study concludes that the implementation of the judge of guarantees in Maranhão is normatively consolidated in both judicial spheres, although it still lacks empirical assessment of its practical effectiveness in everyday judicial practice.

2026-07-13T00:00:00Z https://repositorio.uema.br/jspui/handle/123456789/6610 2026-09-16T20:43:41Z 2026-07-20T00:00:00Z

Título: Sharenting e abandono digital: implicações jurídicas da exposição excessiva de crianças e adolescentes por seus responsáveis Abstact: This study investigates the phenomena of sharenting and digital abandonment, focusing on the legal implications of the excessive exposure of children and adolescents on social media by their parents or guardians, as well as of parental omission in monitoring their children's digital lives. It starts from the analysis that both phenomena, although distinct in nature, one commissive and the other omissive, constitute complementary faces of the same failure in the exercise of parental authority, converging toward the violation of the personality rights of individuals in a peculiar condition of development. The general objective of the research is to examine the legal repercussions of sharenting and digital abandonment in the Brazilian legal system, from the perspective of the protection of the fundamental rights of children and adolescents, verifying whether the current normative framework is sufficient to address such situations or whether regulatory gaps remain. To this end, the deductive method is used, through bibliographic, documentary, and case law research, with a qualitative approach and an exploratory-descriptive nature, encompassing the analysis of legal doctrine, national legislation, international child protection norms, and precedents of Brazilian courts. The study examines the legal framework of integral protection, the duties arising from parental authority and the duty of digital care, the rules of the Brazilian General Data Protection Law, the Digital Statute of the Child and Adolescent (Law No. 15,211/2025), and the requirements of parental civil liability, with emphasis on in re ipsa moral damages and on the analogical application of the thesis established in Special Appeal No. 1,159,242/SP, according to which loving is a faculty, whereas caring is a duty. It is found that the Brazilian legal system has advanced significantly by expressly recognizing the parents' duty to educate, guide, and monitor their children in the virtual environment. However, it is concluded that the protection provided is only partially sufficient, as gaps remain regarding the specific civil liability of parents for abusive sharenting and digital abandonment, the confrontation of which depends on the combination of legislative evolution, case law consolidation, and the diligent exercise of parental authority, guided by the best interests of the child and adolescent.

2026-07-20T00:00:00Z