https://repositorio.pucsp.br/jspui/handle/handle/947 2026-04-29T22:09:35Z https://repositorio.pucsp.br/jspui/handle/handle/46859 Título: Desafios da recuperação judicial de micro e pequenas empresas no Brasil: análise dos limites do instituto e o caso do DIP financing Abstract: The main objective of this study is to analyze the structural limits of the Brazilian judicial reorganization regime as applied to micro and small enterprises (MSEs), demonstrating how debtor-in-possession financing (DIP financing) paradigmatically reveals its inadequacy for this business segment. The research is based on the premise that, although MSEs account for the majority of business ventures in Brazil and play a central role in the country’s economic and social development, the legal framework governing corporate insolvency remains structured around the reality of medium-sized and large companies, proving incompatible with the economic, organizational, and financial characteristics of smaller enterprises. As specific objectives, the study examines the differentiated legal treatment afforded to MSEs under constitutional and statutory law; empirical data concerning business survival rates and the economic vulnerability of this segment; the role of credit in overcoming business distress; and the legal regime governing debtor financing in judicial reorganization. It also proposes mechanisms aimed at improving the effectiveness of the reorganization system for MSEs. The research is justified by the legal, economic, and social relevance of micro and small enterprises, the high business mortality rates observed in this segment, and the need to align the reorganization system with the constitutional mandate of favorable treatment for such enterprises. The central hypothesis advanced is that the ineffectiveness of judicial reorganization for MSEs does not stem from a lack of legal instruments, but rather from an excessively judicialized, costly, and formalistic legal-structural design, which hinders access to the procedure and, in practice, prevents both the recovery of these enterprises and the use of mechanisms such as DIP financing. From a theoretical and methodological perspective, the research adopts a legal-dogmatic approach, based on the analysis of legislation, specialized legal scholarship, and the principles of business and insolvency law. The study also employs the comparative method, particularly in examining DIP financing in foreign legal systems, as well as empirical analysis of secondary data from institutional sources such as Sebrae and the Brazilian Institute of Geography and Statistics (IBGE), in order to contextualize the economic reality of MSEs. The results indicate that, even after the enactment of Law No. 14,112/2020, judicial reorganization remains structurally inadequate for micro and small enterprises and that, although DIP financing may be functional in the abstract, it proves materially inaccessible to this segment. The study concludes that the effectiveness of the reorganization system for MSEs depends on the adoption of negotiation-oriented mechanisms that are less formalistic and less judicialized – such as out-of-court reorganization, preventive negotiation, and business mediation and conciliation instruments – as well as on the creation of institutional conditions that facilitate debtor financing in situations of business distress Tipo: Dissertação 2026-02-26T00:00:00Z https://repositorio.pucsp.br/jspui/handle/handle/46860 Título: (IN) Congruência da tentativa com dolo eventual no crime de homicídio à luz do direito penal redutor Abstract: This doctoral thesis aims to investigate the (in) congruence between attempt and eventual in the crime of homicide, offering a critical examination of the dogmatic, political, and historical foundations underlying this controversial theoretical articulation. Although both institutes are formally provided for in Brazilian criminal legislation, their combination – particularly within the context of homicide – reveals structural tensions that challenge the internal coherence of criminal law theory. The research departs from the hypothesis that, despite the apparent formal compatibility between the institutes, there exists a profound dissonance between the volitional requirements of criminal attempt and the attenuated subjective content of eventual intent. To construct a robust foundation for this critical analysis, the first part of the thesis explores the historical-normative development of the crime of homicide, encompassing ancient, medieval, modern, and contemporary legal systems. This historical survey not only traces the normative and axiological transformations of homicide repression but also elucidates the emergence of core dogmatic categories within their broader cultural and philosophical matrices. The study then focuses on the legal treatment of homicide in Brazilian criminal law, paying special attention to Indigenous legal traditions, the Portuguese Ordenações, the Criminal Code of the Empire of 1830, and the Republican Penal Code of 1890, thereby outlining a critical panorama of punitive rationalities and doctrinal inflections. In the second part, the thesis offers a meticulous legal-dogmatic analysis of homicide in the current Brazilian legal framework, emphasizing its normative and subjective components. The final and conclusive stage interrogates the compatibility between attempt and eventual intent, addressing whether it is theoretically consistent, within the framework of criminal law theory, to admit the coexistence of a figure that demands resolute intent to commit a crime (attempt) with one that merely tolerates the risk of the result (eventual intent). Through a critical examination of national and foreign doctrinal and jurisprudential constructions, the thesis demonstrates that imputing attempted homicide based on eventual intent constitutes a dogmatically incoherent, systematically fragile, and politically hazardous operation. From the perspective of reductive criminal law, which is guided by a guarantee-based, anti-punitive rationale grounded in the principles of material legality, minimal intervention, and culpability, this thesis contends that such a combination entails a dangerous symbolic expansion of punitive power. It ultimately argues that attempt and eventual intent, although autonomous constructs within criminal law theory, are structurally irreconcilable in the context of homicide, requiring their theoretical and practical dissociation within Brazilian criminal dogmatics Tipo: Tese 2026-03-26T00:00:00Z https://repositorio.pucsp.br/jspui/handle/handle/46857 Título: Projeto Político-Pedagógico: o farol que orienta os navegantes rumo à Educação para as Relações Étnico-Raciais Abstract: This qualitative study aimed to understand the constitution of the Political-Pedagogical Project (PPP) of an Early Childhood Education school within the Municipal School System of São Paulo, with regard to Law n. 10.639/2003. From this general objective, the following specific objectives were derived: to identify how the researched school constructed and/or revised its PPP; to identify whether antiracist actions exist in the PPP and how they are proposed; to verify whether the PPP is known by the entire school community; and to develop a formative proposal based on the training already carried out at the school. The study was justified by the importance of analyzing how Law n. 10.639/2003 is addressed in the PPP of Early Childhood Education, considering the role of this document in promoting practices that foster Education for Ethnic-Racial Relations, teacher education, and the construction of positive identities from early childhood. The theoretical framework that grounded the research comprised Brazilian legislation on racial equality and discussions on black identity, ethnic-racial relations, the importance of the collective construction of the PPP, the commitment of school management engaged in advocacy for peripheral childhoods, and teacher education. The research participants were the school principal, the pedagogical coordinator, and four teachers from the investigated school. Data production was carried out through documentary analysis of the PPP, observations conducted at the school, the application of an electronic questionnaire to the group representing the teaching staff, and analysis of the pedagogical coordinator’s report and the principal’s Letter of Intent. The data were analyzed in the light of Prose Analysis, resulting in five categories: Training and Contexts; Practices for Education for Ethnic-Racial Relations; Construction/Revision of the Political-Pedagogical Project; Values; and School Management Committed to Peripheral Childhoods. The results highlighted that the PPP is a living document, collectively constructed at the researched school, which incorporates antiracist practices through teacher education, the curriculum, and the commitment of school management. Actions aimed at valuing black identity, listening to children, and defending peripheral childhoods were also emphasized, reaffirming Early Childhood Education as a fundamental space for confronting racism. These findings demonstrate the relevance of Education for Ethnic-Racial Relations in Early Childhood Education as a fundamental strategy for the construction of positive identities and for confronting racial inequalities from early childhood Tipo: Dissertação 2026-03-19T00:00:00Z https://repositorio.pucsp.br/jspui/handle/handle/46858 Título: A escuta clínica no campo psi-jurídico: da queixa às demandas de reconhecimento e reparação Abstract: This study aims to analyse the role of clinical listening in the psycho-legal field, based on the experience of psychological practice in a Law Practice Centre, considering the impasses between psychological demands and the intended juridical response. The research is justified by the growing judicialisation of daily life conflicts and the theoretical gap regarding the possibilities and limits of Clinical Psychology in this institutional context. The hypothesis is that, when called upon to respond to losses, ruptures, and psychological suffering, the law tends to operate according to a logic of imputation, producing defensive effects that hinder the recognition and elaboration of grief. This is a qualitative research of a theoretical-clinical nature, based on psychoanalytic theory, considering the Freudian-Lacanian contributions on demand, Melanie Klein’s on reparation, as well as the theory of Sándor Ferenczi accompanied by Axel Honneth and Winnicott to think about recognition. These theories were articulated with clinical vignettes and film analyses. The results indicate that institutional clinical listening, even when constrained by temporal and institutional limits, can operate as a space for symbolisation, favouring shifts from complaint to demand and enabling forms of symbolic reparation. The relevance of articulation with conflict mediation as a complementary means of transforming subjective and relational impasses is also evident Tipo: Dissertação 2026-03-13T00:00:00Z