TEDE Coleção:

O uso da inteligência artificial (ia) para elaboração de minutas de sentença em processos dos Juizados Especiais Federais do Maranhão: estudo comparativo de qualidade, sob a perspectiva de Robert Alexy, em distintos cenários de utilização

2026-06-24T17:46:12Z

Título: O uso da inteligência artificial (ia) para elaboração de minutas de sentença em processos dos Juizados Especiais Federais do Maranhão: estudo comparativo de qualidade, sob a perspectiva de Robert Alexy, em distintos cenários de utilização Autor: OLIVEIRA NETO, Valdemar Gomes de Primeiro orientador: BEZERRA, Eudes Vitor Abstract: This dissertation empirically investigates the argumentative quality of sentences drafted by generative artificial intelligence compared with human judgments in the Federal Small Claims Courts of the Maranhão Judicial Section (JEFs/SJMA). The experimental design compares, case by case, the original human judgment with three synthetic sentences generated by Gemini 2.5 Pro across three scenarios: Free (open prompt), Directed (outcome indicated), and Controlled (structured report and normatively anchored prompt). The stratified sample comprises 300 cases covering banking civil liability, continued benefit for the elderly (BPC-I), and continued benefit for persons with disabilities (BPC-PCD). The 1,200 sentences were submitted to triple independent coding by a blind human evaluator, Claude Opus 4.5, and GPT-4.5, under an Alexy-derived six-dimension rubric (D1–D6), totaling 3,600 codings. Friedman, Wilcoxon, and Bonferroni tests demonstrate that AI-generated sentences present greater textual conformity with the D1–D6 rubric standards than human sentences, with very high statistical significance and very large effect size (Friedman χ²(3) > 308; p < 10⁻⁶⁶), with an identical hierarchy across all three independent evaluators: free > directed > controlled > human. The correlation between the human evaluator and Claude Opus 4.5 (r = 0.936) provides robust evidence of instrument calibration. The largest differences concentrate in D3 (empirical external justification) and D5 (argumentative saturation), the dimensions most frequently weakened in mass litigation under Article 489, §1, of the Brazilian Civil Procedure Code. In the banking stratum (n=18), the human sentence outperforms the Directed and Controlled scenarios across all evaluators; the Free scenario, however, surpasses the human sentence in two of three evaluators, a finding that prevents generalizing human advantage in principiological matters to all AI modes. The automated verification workflow confirms 75.5% of suspicious marks in human sentences as real material inaccuracies (209/277), a pattern consistent with reused boilerplate judgments. The dissertation concludes that the integration of generative AI into mass litigation adjudication is empirically sustainable, provided it operates through protocols differentiated by argumentative complexity, namely controlled mode for rule-based and evidentiary matters and open or auxiliary mode for principiological matters, with qualified human review as a necessary and non-waivable condition. Keywords: Instituição: Universidade Federal do Maranhão Tipo do documento: Dissertação

As medidas despenalizadoras na justiça criminal negociada: uma análise no âmbito do 2º Juizado Especial Criminal em São Luís/MA.

2026-06-24T17:25:38Z

Título: As medidas despenalizadoras na justiça criminal negociada: uma análise no âmbito do 2º Juizado Especial Criminal em São Luís/MA. Autor: MELO , Anna Carollina de Oliveira Abreu Primeiro orientador: VELOSO , Roberto Carvalho Abstract: This dissertation aims to analyze the development, application, and impacts of consensual criminal justice in the Brazilian legal system, with emphasis on the mechanisms provided by Law No. 9,099/1995 and the innovations introduced by the Non-Prosecution Agreement, established by Law No. 13,964/2019 (Anti-Crime Package). Based on the recognition of the serious structural crisis affecting the Brazilian criminal justice system, characterized by procedural delays, prison overcrowding, penal selectivity, and inefficiency in the State’s response, the study highlights the urgent need to adopt alternative models capable of overcoming the limitations of the traditional criminal system, without disregarding the fundamental rights and guarantees of individuals. Methodologically, the research adopts the inductive method, a socio-legal critical approach, the exploratory legal research method, and a quantitative-qualitative technique, combined with the empirical analysis of data extracted from official Judiciary databases, notably the TermoJuris system and the National Judicial Data Base (DataJud/CNJ). In this context, the study investigates the feasibility, benefits, and limits of Negotiated Criminal Law as an innovative and complementary model to traditional criminal prosecution, especially in cases involving minor offenses. The research outlines the theoretical and normative foundations of consensual justice, examines the evolution of Brazilian legislation, and compares international experiences, with emphasis on the American plea bargain, as well as the models adopted in Italy, Germany, and Portugal. Additionally, an empirical analysis is conducted based on data from the 2nd Special Criminal Court of São Luís/MA, focusing on the practical application of plea agreements such as criminal transaction and conditional suspension of the process, as well as their developments and challenges. It is argued that consensual mechanisms represent an effective, swift, and proportionate response to the challenges of the Brazilian criminal system, contributing to reducing the overload of the Judiciary, mass incarceration, and promoting fairer and more adequate solutions to the complexity of concrete cases. However, the study emphasizes the need for careful application of these instruments in order to ensure compliance with constitutional principles such as adversarial proceedings, full defense, legality, and voluntariness, thus preventing undue flexibilization of procedural guarantees and the worsening of social, racial, and economic inequalities historically present in the criminal system. Finally, the dissertation reinforces the importance of deepening the academic and political debate on consensual criminal justice, so that its implementation may effectively contribute to the modernization, democratization, and humanization of Brazilian criminal law and criminal procedure. Instituição: Universidade Federal do Maranhão Tipo do documento: Dissertação

Direito fundamental ao meio ambiente ecologicamente equilibrado: análise da aplicação da sustentabilidade socioambiental nas contratações públicas no âmbito do Tribunal de Justiça do Estado do Maranhão

2026-06-15T12:52:48Z

Título: Direito fundamental ao meio ambiente ecologicamente equilibrado: análise da aplicação da sustentabilidade socioambiental nas contratações públicas no âmbito do Tribunal de Justiça do Estado do Maranhão Autor: SILVA, Bruna Sousa Mendes Primeiro orientador: RAMOS, Paulo Roberto Barbosa Abstract: This research, situated within the area of concentration Law and Institutions of the Justice System and linked to the research line Dynamics and Effectiveness of Institutions of the Justice System, aims to analyze how the observance of sustainability criteria and practices in public procurement is being carried out within the scope of the Maranhão State Judiciary, from 2021 to 2023, and its impact on the realization of the fundamental right to an ecologically balanced environment, considering the establishment of the sustainability policy implemented by the National Council of Justice (CNJ) and the regulation of the Sustainable Logistics Plan by the Court of Justice of the State of Maranhão. Thus, the hypothesis is that the sustainable measures applied in the phases related to public procurement constitute necessary mechanisms for environmental protection, as well as for enabling the sustainable development entrusted to the Public Administration. Therefore, to achieve the proposed objective, the inductive approach method was used, as well as the socio- legal-critical, legal-descriptive, and legal-diagnostic methods of procedure, with bibliographic and documentary research techniques. The results observed demonstrated that the adoption of sustainable guidelines in contracting represents a relevant instrument for achieving environmental sustainability. Instituição: Universidade Federal do Maranhão Tipo do documento: Dissertação

Criminalidade violenta espacialmente localizada: reflexões críticas a partir de um diagnóstico socio-criminológico dos bairros Renascença e Cidade Olímpica

2026-05-13T18:22:47Z

Título: Criminalidade violenta espacialmente localizada: reflexões críticas a partir de um diagnóstico socio-criminológico dos bairros Renascença e Cidade Olímpica Autor: NUNES, Alexandre Lobato Primeiro orientador: GUIMARÃES, Claudio Alberto Gabriel Abstract: Discussing human behavior related to actions that are classified as “normal” and others as “deviant” has always been at the center of human debates. After all, what justifies the criminal, deviant act. What drives an individual to commit a crime against their fellow human beings. Philosophy, sociology, and criminology have taken it upon themselves to propose theoretical bases to explain crime and the state's right to punish. These theories can be divided into two theoretical bases: consensus and conflict, with different, conflicting epistemological bases. The purpose of this paper was to present an approximation between two important categories for understanding crime in modern times: urban disorder, from the Chicago School, based on the theory of consensus, and the category of structural violence, coined by Alessandro Baratta and his critical criminology, with a theoretical alignment in the discourses of conflict. The Chicago School's urban and social disorder serves as a micro-sociological analysis, with an empirical basis for understanding the phenomenon of the spatiality of cities and the address of crime. The category of structural violence, from a more macro- sociological viewpoint, anchors a connection between class interests and the great inequalities that exist in cities, also pointing to those who classify what is “normal” and what is “deviant.” Once the theory has been established, two neighborhoods in São Luís with antagonistic data on intentional violent crimes in the years 2017-2021 were used to demonstrate that the CEP of certain crimes, such as intentional violent crimes (IVC), are generally associated with a great deal of structural and social urban disorder, perusing as a solution that public security policies should be thought of in parallel with public safety policies, attacking urban disorder and structural violence in a planned way. Instituição: Universidade Federal do Maranhão Tipo do documento: Dissertação