O DIREITO ANTITRUSTE BRASILEIRO E A REPRESSÃO À CONCORRÊNCIA ILÍCITA: FORMAÇÃO DE CARTÉIS E ACORDOS NA LEI 12.529/2011

The scope of this article is to study Competition Law and establish its conception in and for contemporaneity, based on which the Brazilian System for the Defense of Competition will be analyzed. Given its analytical and critical conception, the work is carried out according to the deductive method, without forgetting the use of the hermeneutic-dialectic approach. After analyzing some instruments considered adequate to repress cartelization, the study clarifies the nuances that permeate it from the perspective of the Competition Defense Law. Understood, in contemporary times, as an instrument for the implementation of public policies aimed at safeguarding free competition, the repression of the abuse of economic power and the pursuit of anti-competitive offenses, the Brazilian Antitrust Law structured a system of dual protection of competition - control of structures and conduct - and, by authorizing CADE to enter into agreements with infringing economic agents, it ensured the use of effective instruments for proving illegal practices, repression- punishment and prevention, especially with regard to cartels.

TUTELA PROVISÓRIA ANTECEDENTE: EM BUSCA DA EFETIVIDADE DA PROTEÇÃO JURÍDICA DO MEIO AMBIENTE NO CONTEXTO DO ACORDO DE ESCAZÚ

This paper seeks to understand the institute of preliminary injunctive relief in the context of the Escazú Agreement. To this end, it comments on the reasons that led to the formation of this agreement and presents some of its most relevant articles. The principles of precaution and prevention, which are intended to protect the environment, are also distinguished. The article also presents the concept of provisional emergency guardianship and demonstrates its species. It analyzes in greater detail antecedent provisional injunctive relief as a tool to ensure effective jurisdiction to protect the environment, concluding that such relief is in line with Brazil's commitments under the Escazú Agreement. In order to carry out this research and reach its objectives, the hypothetical deductive method was applied, producing an essentially exploratory research. To this end, it was based on the reading and analysis of books, scientific articles, legal magazines, laws and jurisprudence.

IMPACTO DA PANDEMIA DE COVID-19 NO AGRONEGÓCIO BRASILEIRO

In 2020, the world changed, experiencing a new scenario, resulting from the coronavirus pandemic, which spread rapidly, causing countless victims. This situation that still remains, caused a tragedy of epic proportions and, due to lack of preparation, especially on the part of health professionals, there were extreme measures, such as social isolation and the closing of borders in a desperate attempt to contain the spread of the disease. Due to this scenario, many business sectors were harmed, suffering losses and challenges, caused by the pandemic that spread quickly throughout the world. The present work aimed to present the challenges and impacts experienced by the Brazilian agribusiness in this coronavirus pandemic scenario. The study was carried out through bibliographical research based on articles, newspapers, magazines, coverage of texts posted on the internet and other wide and rapid dissemination means of virtual communication, which address the Covid-19 pandemic and its effects on this helping sector to sustain the Brazilian economy. Studies confirm that agribusiness in Brazil has once again proved to be a strong sector, showing good results amidst a period of economic downturn and numerous challenges in the face of the impacts of the pandemic.

ESPACIALIDADE AMBIVALENTE:A CONSTITUIÇÃO DA MEMÓRIA COLETIVA NA ESTAÇÃO FERROVIÁRIA DE TARABAI -SP

Urban centers play an important role in the process of building and perpetuating collective social memory, becoming responsible for giving identity to certain groups while absorbing signs for individuals and perpetuating themselves as “places of memory”, characteristics that are not enough to inhibit deterioration of time and abandonment. In scenarios similar to these, urban collectives propose to discuss the importance of memory in the construction and activation of historic public spaces, reflections adapted to the old Estação Ferroviária de Tarabai (1954), a fundamental space for the development of the municipality, which after its deactivation was abandoned (1984), even with the implementation of interventions by the government in order to transform it into a leisure space (1992). In this way, the work proposed to observe and understand the dynamics of use, of appropriations carried out locally, emphasizing the importance of collective memory for its activation. For that, direct observations made at the Railway Station were necessary in order to record their spatial practices, with the interpretation of such data through “mind maps”. The observations made on site were complemented with bibliographic and documentary surveys with the purpose of providing theoretical support for surveys carried out on the spot, pondering the importance of collective memory.

QUALIDADE DE VIDA NO TRABALHO: UM ESTUDO NO DISTRITO SANITÁRIO ESPECIAL INDÍGENA (DSEI) GUAMÁ-TOCANTINS, PARÁ, BRASIL

Recognizedforattractingandretainingtalent,lifequalityatwork(LQW)synthesizesaspectsvaluedbyworkers,whoareabletoinfluencestronglytheachievementoftheorganizationalobjectives.Underthisperspective,thisresearchcarriedouttheanalysisofthelifequalityatworkintheGuamá-TocantinsIndigenous Special Sanitary District (ISSD), locatedintheBelémdoParáCity,ParáState,Brazil.Forthispurpose,adescriptivesurveywascarriedoutwith67ofthe117workers,whoformedtheresearchuniverse,usinganon-probabilisticsamplingbytype.Dataprocessingwasquantitativeandhasusedexploratoryfactorialanalysis(EFA),descriptivestatistics,andclusteranalysis(CA).Thefactorialanalysishasidentifiedfourfactorsthatexplained72.50%ofthedatavariance,thatwere:“CompensationandCompliancewithLaborLegislation”(21.26%),“BalancebetweenWorkHoursandPersonalLife”(18.81%),“AutonomyandTrainingforWork”(17.23%),and“SocialInsertionandOrganizationalImage”(15.20%).Thedescriptivetechniquesshowedthatthe“CompensationandCompliancewithLaborLegislation”factorwasthebestratedbytheintervieweesand“AutonomyandTrainingforWork”factorwastheworstratedbythem.Theclusteranalysisclassifiedrespondentsintothreegroupsandshowedapositiveevaluationoflifequalityatworkformostrespondents,especiallyamongthosewithhighereducationandpay.Thus,thestudy'sfindingsprovedtobeabletoguidepeoplemanagementstrategiesandtogroundfutureresearchtoimprovelaborrelationsintheorganization.

DIRIGISMO JUDICIAL NOS CONTRATOS EDUCACIONAIS: LIMITES E CRITÉRIOS À INTERVENÇÃO ESTATAL NO PREÇO DAS MENSALIDADES ESCOLARES.

Since the normativeorganization supported by an analytical Federal Constitution, containing general and abstract norms that claim the judges to active participationin the realization of justice, in specifics cases, has been opened space for judicial activism. In the theoryof the contracts, the formulations of new paradigms, such as equity, good faith and social function authorizes the state intervention in privatesbusiness. Especially in the adhesion contracts, in consumer relationships. State intervention, however, have to respect constitutional principles, such warranty of free enterprise, and private property. This article, therefor, through the deductive method, aims to contribute to the considerations ofthe possibility of states intervention in privateeducationalcontracts, reconciling the capitalist model adoptedin Federal Constitution order and the guarantees inherent to with the protection of consumers, without this implying as affront to the Federal Constitutionlimits.To this is necessary to apply the techniqueof weighing constitutionalrights in conflict. The article suggests that State should not intervene in setting private prices, but to facilitatepayments.

DA MEDIAÇÃO E CONCILIAÇÃO EM AUDIENCIAS TRABALHISTAS NO CONTEXTO PANDÊMICO

Social rights are fundamental rights, with praise in the Universal Declaration of Human Rights, being the State responsible for its supervision and effectiveness.However, it is well known that it is often not fully enforced, which is why the Labour Court becomes a very important body for achieving legal certainty not only for workers' rights, but also for analysing the contradictory and broad defence, by employers.As a means of resolving this dispute between the parties, conciliation and mediation are one of the most valuable ways of trying to pacify this dispute and of possibly satisfying social rights that have not been applied, and that in relation to the latter is the best to be used as correct terminology, adding the fact that Labor Justice is the pioneer in its application in the law of the fatherland.This method has also been of great value in the present times, providing legal certainty between the parties, in the face of the COVID-19 pandemic and the need for continuity of the work of the Judiciary Branch in a remote way, noting further, that in relation to the production of evidence, it is divergent, but in relation to mediation in the audience, there is no doubt that it is agrand method to be applied.To achieve the specific objectives, the method used was deductive, starting from the general premise on the concept of Mediation and Conciliation and for that, bringing this approach on social rights, as a fundamental right andits historical aspects.

DA EFETIVIDADE DOS BENEFÍCIOS POR INCAPACIDADE ANTE A POSSIBILIDADE DE MEDIAÇÃO ON LINE NO ÂMBITO ADMINISTRATIVO PELO INSTITUTO NACIONAL DO SEGURO SOCIAL

Disability benefits have undergone modifications in light of the Social Security Reform -Constitutional Amendment No. 103/2019: what was called sickness benefit and disability retirement, is now a temporary and permanent disability benefit, in addition to the criteria for calculating income initial monthly. All this modification resulted in its concession in a period of global social instability. This is because, months after the aforementioned constitutional amendment, the whole world is suffering the effects of the COVID-19 pandemic, with changes in all sectors of society. It is worth mentioning that it was no different in relation to the National Institute of Social Security, in view of the granting of disability benefits, having the need to implement its entire digital system, with the creation of a field for the insertion of documents and carrying out indirect expertise, via online. In this scenario, mediation is of crucial importance as a way of solving many cases to be resolved at the administrative level, meeting the movement for legalization, and it may well have its applicability within the scope of cases brought to the National Institute of Social Security and, if implemented, generate effectiveness in the analysis of these benefits in favor of the insured party. This article aims to demonstrate the effectiveness of the use of online mediation, if inserted in relation to disability benefits, in an administrative scope, from a historical-bibliographic research, aiming at the concretization and realization of better quality in the provision of State service, in relation to all the insured affected by some temporary or permanent disability.

O ESTADO DE COISAS INCONSTITUCIONAL EM MATERIA AMBIENTAL: SEUS FUNDAMENTOS NA ADO 60/DF

This article aimed to highlight the social, political and administrative factors that underpinned the recent unconstitutional state of affairs decision on environmental matters in Brazil, issued by Minister Luís Roberto Barroso at ADO60/DF. The research was bibliographic and documentary and its approach was of a qualitative nature. The results remained evident in the social field throughthe various manifestations of hostilities of the Federal Government against individuals and legal entities engaged in the defense of the environment, in the political field through the decision to extinguish and relocate various bodies linked to the defense of natural resources and in the field administrative through the dismissal of several public agents occupying positions highlighted in the theme on the protection of the environment. In conclusion, it remains evident that Brazil is in a real state of affairs unconstitutional in environmental matters, with massive actions and omissions responsible for the unsustainable exploitation of environmental resources, resulting in the necessary performance of the Supreme Court as a Constitutional Court responsiblefor pointing out the actions and the respective inspection of their achievements.

CRIMES HEDIONDOS: ANÁLISE PROPEDÊUTICA E PROGRESSÃO ESPECIAL DE REGIME INSTITUÍDA PELA LEI 13.769/18

The present study aimed to define proposed concepts about heinous crimes, with the minimum right allowed by Law 13.964/19 and to demonstrate how the special progression rules of the regime, applicable by Law 13.769/18, include other changes, including §§ 3 and 4 to article 112 of Law 7.210 /84 (Criminal Execution Law).The hypothetical-deductive method, by means of bibliographic research, enables the study, qualitatively, presents basic considerations about the heinous crimes and the new normsapplicable to the progression of regime exceptionally in the case of pregnant women or that is mother or responsible for children or disabled people, despite the supervenience of Law 13.964/19, which established stricter guidelines on regime progression.Aspiring with legislative innovations such as using, an operation of Criminal Law as an instrument of social protection, for the benefit of human dignity, established axiological conjuncture, outlined by the prescription of a sentence that has the greatest possible use, fulfilling as retributive purposes, preventive and resocialization at the cost of the least possible suffering to be executed.