https://repositorio.pucsp.br/jspui/handle/handle/5333 2026-06-27T15:26:08Z 2026-06-27T15:26:08Z https://repositorio.pucsp.br/jspui/handle/handle/46991 2026-06-15T13:33:29Z 2026-04-14T00:00:00Z

Título: O consenso na filosofia e a consensualidade administrativa Abstract: The objective of this study was to investigate how selected philosophical authors could contribute to the understanding of administrative consensuality in Brazil. To this end, the research analyzed, on the one hand, the current doctrinal landscape of Brazilian administrative consensuality, stemming from Law No. 13.655/2018, which inserted Article 26 into the Law of Introduction to the Norms of Brazilian Law (LINDB), including its potentials, risks, and unresolved doubts; on the other hand, it explored how each philosophical author could contribute in this context by offering reflections and foundations based on a rationalization of the concept of consensus. For this endeavor, an exploratory and qualitative methodology was adopted, based on a bibliographic review of scientific articles. The results revealed that, although LINDB institutionalized administrative consensuality seeking legal certainty, it also introduced substantial challenges. Concepts such as "general interests" remain ambiguous, and the absence of detailed procedural guidelines for agreements fosters risks such as the personalization of decisions and a "culture of fear" among public managers. Uncertainties also persist regarding the legal nature of agreements, the participation of third parties, the need for public consultations, the effect of precedents, and the limits of action of control bodies. As for the philosophical contributions, the work of Socrates, with its emphasis on horizontality and the maieutic and dialectical method, indicates the need to problematize the notion of vertical consensuality, and can also suggest parameters for a procedure aimed at deepening the dialogue between negotiators. Saint Augustine's work highlighted the importance of considering affections, such as love and fear, in the formation of consensus, as well as its inherent earthly limitation, pointing to the need for mechanisms for reviewing and adapting agreements. Thomas Hobbes, in turn, raises questions about the harmonization between LINDB's consequentialist logic and democratic legitimacy, warning of the risk of instrumentalization of consensus and power asymmetry in negotiations. Immanuel Kant, by proposing universalizable maxims of reason, offers a framework for interpreting "general interest" and promoting equality, although its rigidity may hinder the flexibility needed for agreements. Finally, Jürgen Habermas, by differentiating instrumental from communicative rationality, suggests that an authentic consensus must be based on ideal speech conditions, providing criteria for evaluating the democratic quality of participation and addressing informational asymmetry. It was concluded that administrative consensuality is a multifaceted phenomenon, reflecting a long and historically situated human trajectory of dealing with conflicts and seeking agreements. Article 26 of LINDB is inserted into this panorama, oscillating between the pursuit of functionality and the demand for legitimacy. Philosophical analysis proved relevant not only as a way to address current criticisms and doubts in legal doctrine but also to open new questions and avenues for research. It was understood that no single philosophical theory is sufficient to exhaust the topic, reinforcing the importance of interdisciplinary approaches for a more complete and responsible understanding of the limits, risks, and vast potentials of this decision-making tool in the context of Brazilian Administrative Law Tipo: Dissertação

2026-04-14T00:00:00Z https://repositorio.pucsp.br/jspui/handle/handle/46985 2026-06-15T19:09:18Z 2026-04-27T00:00:00Z

Título: O abalo na democracia pelas redes sociais Abstract: The dissertation examines how political communication, increasingly mediated by digital platforms, takes place within proprietary environments governed by opaque, engagement-driven algorithms, shifting visibility from public relevance to behavioral performance and thereby distorting the conditions of democratic deliberation. Drawing on a Kant–Habermas axis, it argues that democratic legitimacy depends not only on electoral procedures, but on the integrity of the prior communicative process through which opinion and will are formed; when this process is undermined by manipulation, opacity, and inducement mechanisms, majoritarian outcomes may retain democratic form while losing normative legitimacy. In the diagnostic section, the text connects the “attention economy” and “surveillance capitalism” to a regime that captures behavioral surplus and turns prediction—and the reduction of uncertainty—into a market, instrumentalizing autonomy rather than abolishing it. This dynamic operates through algorithmic modulation that reorganizes the decision environment by calibrated stimuli, rewards, and frictions, producing an “environmental heteronomy” in which formal choice persists but the architecture silently steers conduct. On the normative-legal response, the dissertation defends a constitutionally relevant freedom of will-formation (cognitive freedom) as an implicit fundamental right, whose systematic violation by platform architectures triggers positive state duties of algorithmic transparency and regulation—distinguishing regulation of “architecture” from censorship of “content.” In comparative perspective, it discusses the European framework (GDPR and especially the Digital Services Act, with duties to disclose key recommendation parameters and mitigate systemic risks) and highlights the insufficiency of the Brazilian framework (Marco Civil and LGPD, notably the limits of individualized review under art. 20) to address algorithmic opacity as a structural threat to autonomy and democracy Tipo: Dissertação

2026-04-27T00:00:00Z https://repositorio.pucsp.br/jspui/handle/handle/46974 2026-06-15T18:56:18Z 2026-04-30T00:00:00Z

Título: Teoria geral da violação direta e da ofensa reflexa à constituição em matéria tributária: o polilema competencial no âmbito dos recursos excepcionais Abstract: This doctoral thesis aims to construct a general theory of direct violation and indirect (reflex) infringement of the Constitution in tax matters. Considering the absence of a jurisprudential culture grounded in univocal, precise, exhaustive, predictable, stable, and systematized criteria for classifying a constitutional violation as direct/indirect, frontal/oblique, immediate/mediate, or reflex/non-reflex, as well as the lack of a particularly well-developed Brazilian doctrine on this subject, the study proposes the formulation of a dogmatic framework capable of enabling comprehensive understanding, coherent resolution, and effective mitigation of jurisdictional uncertainties concerning tax issues within the Superior Courts. To this end, it takes into account the notion of jurisdiction, normative hierarchy, constitutional supremacy, the inescapability of interpretative activity, the varying degrees of legislative freedom and discretion, the constituent’s qualified referral to intermediary norms, the occurrence of redundancies at the infraconstitutional level, the presupposition of statutory definitions by the constituent, the object of Extraordinary Appeals, and the dynamics of the “appellate gateway” (Articles 1,032 and 1,033 of the Brazilian Code of Civil Procedure). Focusing on the “Penumbra Zone” that currently surrounds the jurisdictional boundaries between the Superior Court of Justice (STJ) and the Federal Supreme Court (STF), the research adopts a qualitative bibliographic and documentary approach to: identify the peculiarities of Tax Law; examine the causes of controversies related to the admissibility ratione materiae of the Special Appeal (REsp) and the Extraordinary Appeal (RE); analyze the consequences of this phenomenon; classify the universe of preexisting outcomes; engage in a critical dialogue with the state of the art; and formulate proposals de lege lata and de lege ferenda. Finally, without disregarding the existence of a reductionist tendency inclined toward the idea of jurisdictional monopoly, the thesis concludes that there is a legal possibility for the coexistence of binding judicial decisions (Article 927 of the Code of Civil Procedure) in certain circumstances. Thus, between a judgment rendered under the repetitive Special Appeal system and a merits decision issued in an Extraordinary Appeal with general repercussion, relations of overlap or complementarity may arise, provided they conform to the standards of legal certainty and equality. Under no circumstances, however, should the dynamics of Extraordinary Appeals admit the existence of a jurisdictional vacuum—understood as a situation in which no Superior Court rules on a given controversial legal issue—in contradiction with the logical principle of the excluded middle Tipo: Tese

2026-04-30T00:00:00Z https://repositorio.pucsp.br/jspui/handle/handle/46967 2026-06-15T15:14:54Z 2026-04-09T00:00:00Z

Título: Sistema brasileiro de precedentes: da preservação à superação, em diálogo com a experiência da Suprema Corte dos Estados Unidos da América Abstract: This doctoral dissertation aims to contribute to the improvement of the administration of justice with respect to the preservation and overruling of precedents. The research encompasses the study of the Brazilian higher courts, in comparison with the Supreme Court of the United States; the civil law and common law traditions, including the Brazilian system of precedents and the stare decisis; as well as the preservation and overruling of precedents in Brazil and in the United States of America. A macrocomparison between Brazilian law and American law is adopted as the methodological framework, given that the influence of the latter on the former can be traced back to the drafting of the republican Constitution of 1891, extending through the organization and powers of the Brazilian Supreme Federal Court, and culminating in the creation of the Brazilian system of precedents. The central thesis proposes criteria intended to guide the overruling of precedents with greater technical rigor, in light of the experience of the Supreme Court of the United States, as a necessary condition for strengthening legal certainty in Brazil Tipo: Tese

2026-04-09T00:00:00Z