https://repositorio.pucsp.br/jspui/handle/handle/5333 2026-04-02T01:07:56Z 2026-04-02T01:07:56Z https://repositorio.pucsp.br/jspui/handle/handle/46582 2026-02-07T04:03:25Z 2025-11-26T00:00:00Z

Título: A responsabilidade civil no mercado de créditos de carbono: o ressarcimento de danos Abstract: The existence of an interest in carbon credit trading stem from the recognition of the harmful role of carbon dioxide emissions on the environment, the importance of environmental preservation for the development of society, and the ideal of an international agreement to reduce this pollutant in the atmosphere. The carbon credit market is a complex entity: it exists as a result of the prospect of preventing environmental damage and reducing future environmental impacts that have already been disclosed, and it creates a new product, previously unimaginable to society, by transforming the reduction of carbon dioxide emissions into a measure for quantifying a market asset: carbon credits. The concern with defining the civil liability of those involved in the trading of carbon credits in Brazil is justified, both because of the importance of this measure as a way of protecting the environment and as a way of enabling the development and strengthening of this market nationally and internationally. How should civil liability, as one of the legal institutions responding to damage during a commercial relationship, be observed in the issuance and trading of carbon credits? The possibility of irregularities in the operation – already verified in the national context – and their specificities guide the discussion of the application of civil liability in this area, making it necessary to discuss which damages are eligible for compensation and under which parameters the duty of reparation should be attributed. The research carried out is predominantly theoretical, performed through bibliographic and documentary analysis, using the deductive method. Initially, we analyzed how the climate crisis has been perceived by contemporary society, marked by the perception of risk, and the creation and development of the carbon credit trading market. The research topic is geographically located in the Brazilian legal system, presenting the way in which our legislators have incorporated environmental protection into the legal system, under the bias of its recognition as a constitutionally protected asset, the enactment of Federal Law No. 15,042/2024, which regulates the trade of carbon credits in Brazil, and the main contingencies involving this trade. It was concluded that irregularities in the issuance and trading of carbon credits cause financial and reputational civil damages to the purchaser of these credits, which must be compensated by the agents involved in the chain of issuance and trading of the environmental asset, under the strict liability regime, and causes indirect environmental damage – resulting from the failure to remove or reduce greenhouse gas emissions – which is not subject to compensation under our current legal system Tipo: Dissertação

2025-11-26T00:00:00Z https://repositorio.pucsp.br/jspui/handle/handle/46580 2026-02-07T04:03:20Z 2026-01-20T00:00:00Z

Título: Mediação e guarda de filhos no Brasil Abstract: This study addresses the use of mediation for resolving conflicts related to the custody of children and adolescents in Brazil, focusing on cases of divorce or dissolution of stable unions involving couples with common children. The research is justified by the potentially challenging peculiarity inherent to this context: in the face of the new family configuration established after marital separation, dialogue between the parties is necessary to address issues related to child care. This need intensified after the enactment of Law No. 13,058/2014, which established shared custody as the preferred arrangement in Brazil. Starting from the premise that judicial decisions without the active participation of the parties are often ineffective in resolving this type of conflict and ensuring the enforceability of the ruling, the study aimed to investigate how mediation is suitable for constructing sustainable solutions for custody conflicts. To this end, a literature review was conducted, predominantly using the inductive method, supported by a theoretical-normative framework that includes legal milestones such as the 1988 Federal Constitution, the 2002 Civil Code, the Statute of the Child and Adolescent, CNJ Resolution No. 125, the 2015 Code of Civil Procedure, and Law No. 13,140/2015, as well as academic works by authors specialized in the subject. The research critically analyzes, in the Brazilian context, the tradition of judicialization, the development of concepts of parental authority and custody, and the applicability of mediation, exploring the negotiability of non-disposable rights and the importance of interdisciplinarity in custody conflicts. It concludes that mediation fosters party autonomy and helps build personalized and lasting solutions, making it a path to protecting children and adolescents and promoting a culture of peace in resolving custody-related conflicts Tipo: Dissertação

2026-01-20T00:00:00Z https://repositorio.pucsp.br/jspui/handle/handle/46579 2026-02-07T04:03:19Z 2026-01-16T00:00:00Z

Título: Os efeitos do desvio de finalidade e da confusão patrimonial nos fundos de investimento Abstract: This dissertation first investigates whether the institute set forth in article 50 of the Brazilian Civil Code applies to investment funds and to their share classes within the current regulatory framework. Using a doctrinal and analytic-systematic method, with an examination of regulatory evolution and a survey of doctrine and related case law, the research then, and only on the premise that applicability is confirmed, delineates when and how disregard may operate: (i) in intra-subject abuse scenarios (e.g., round-tripping/circularization of funds between classes), the appropriate response is a targeted suspension of segregation to reallocate liabilities between class and fund, dispensing with the incident provided for in the Code of Civil Procedure; (ii) when the shielding externalizes losses to different subjects (quotaholders, administrator, manager), the veil-piercing incident is required, conditioned on proof of purpose deviation or asset commingling, with heightened caution toward passive investors. On a deductive basis, the study concludes that disregard is applicable to investment funds in exceptional, statutorily typified cases under Civil Code art. 50, and that its use should preserve the logic of patrimonial segregation and operate as a calibrated inopposability technique sufficient to restore balance between organizational safety and creditor protection Tipo: Dissertação

2026-01-16T00:00:00Z https://repositorio.pucsp.br/jspui/handle/handle/46576 2026-02-06T22:48:24Z 2025-12-02T00:00:00Z

Título: A insuficiência do modelo tradicional de full disclosure diante da nova dinâmica informacional do mercado de capitais brasileiro Abstract: This study aims to analyze the sufficiency of the full disclosure regulatory model – the cornerstone of the informational framework of the capital market – in light of the new informational reality that has been consolidating in this environment, marked by the exponential growth of individual investors and the increasing influence of social media and so-called digital influencers. Based on official data from the Brazilian Securities and Exchange Commission (CVM), self-regulatory entities, and national and international empirical studies, the research demonstrates that investors’ decision-making processes and the price formation of securities have been progressively influenced by information produced by unregulated agents operating outside the mandatory disclosure regime. This shift in the center of information is precisely what challenges the sufficiency of the traditional disclosure model, whose normative structure assumes that issuing companies are the primary sources of information in the capital market. The central hypothesis is that, although the full disclosure model remains essential to the capital market, it must be complemented by new regulatory instruments capable of reaching these emerging informational sources and thereby reducing the misalignment between the legal model and actual market practice. This hypothesis was confirmed by the results of a qualitative, theoretical-descriptive, and exploratory research, which indicate the need to expand the regulatory perimeter in order to ensure the informational integrity of the capital market Tipo: Dissertação

2025-12-02T00:00:00Z