https://repositorio.pucsp.br/jspui/handle/handle/18763 2026-06-23T03:08:27Z https://repositorio.pucsp.br/jspui/handle/handle/47007 Título: A prisão civil do depositário infiel: tensão constitucional, inviabilidade prática e impasses dogmáticos Abstract: This study examines the civil imprisonment of the unfaithful bailee as a octrinal problem in contemporary Brazilian law, focusing on the tension between its formal retention in Article 5, item LXVII, of the Federal onstitution and its practical inapplicability as settled in the case law of the Federal Supreme Court (STF). The central question of the research is how an exception expressly provided for in the constitutional text can remain formally intact while, at the same time, becoming unworkable in its application owing to the operation of international human rights treaties and to the risprudential construction of supralegal status and the paralyzing effect. More than merely reconstructing the practical demise of civil imprisonment of the unfaithful bailee, the study seeks to demonstrate that the solution adopted by the STF did not eliminate the underlying legal problem, but rather displaced it to a more sophisticated doctrinal plane involving the theory of sources of law, the limits of control of conventionality, the reach of the suspension of legal effectiveness, and the difficulty of determining whether the case involved repeal, constitutional mutation, unconventionality, or some other form of normative neutralization. To that end, the study begins with an indispensable historical and normative framework, including the distinction between civilimprisonment and criminal imprisonment, the exposition of the original duality between default on maintenance obligations and the unfaithful bailee, and the reconstruction of the jurisprudential shift associated with the American Convention on Human Rights, the International Covenant on Civil and Political Rights, RE 466,343, HC 87,585, and Binding Precedent No. 25. The research adopts a doctrinal legal methodology, witha hermeneutic and critical-systematic approach grounded in normative, urisprudential, and scholarly sources. It ultimately argues that the case of the unfaithful bailee reveals not the simple disappearance of a legal institution, but rather the persistence of a structural friction between the constitutional text, judicial practice, and international normativity, whose theoretical elaboration remains insufficiently resolved in Brazilian law Tipo: Trabalho de Conclusão de Curso 2026-05-04T00:00:00Z https://repositorio.pucsp.br/jspui/handle/handle/47004 Título: A exploração contratual da imagem de atletas de combate e os limites da cláusula de exclusividade: entre a autonomia da vontade e a tutela dos direitos da personalidade Abstract: This study examines, from the perspective of Civil-Constitutional Law, the contractual exploitation of the image rights of combat sports athletes and the legal limits of exclusivity clauses used by promoters in the industry. It starts with the recognition that image, as a personality right, is not exhausted by its economic dimension: rather, it is an existential attribute connected to the individual’s identity, honor, and self-determination. For this reason, its use and contractual disposition are subject to normative limits that cannot be neutralized by generic formulas of “freedom of contract.” Within this framework, the research investigates to what extent private autonomy, traditionally central to contract law, may legitimize broad assignments of image rights and severe restrictions on the athlete’s professional freedom, especially when the relationship is structured through standard-form contracts, limited bargaining power, and the economic dependency typical of the logic that “if the athlete does not fight, the athlete does not get paid.” The study then analyzes how major organizations in the combat sports market, such as the UFC, PFL, and ONE Championship, operate through recurring combinations of: (i) exclusivity, (ii) rights of first refusal, and (iii) broad authorizations for the use of the athlete’s image and performance, often extending beyond the sporting event itself and even beyond the contractual term. The research shows that the expansion of the digital exploitation of broadcasts, clips, reuploads, highlights, and permanent circulation across platforms has substantially broadened the scope of the contractual object, making it insufficient to treat image rights as a mere promotional accessory to the fight. In light of this, contractual practice is confronted with the doctrinal and normative parameters of Brazilian law, especially the civil protection of image right (Articles 20 and 21 of the Civil Code), as well as the duties arising from the social function of contreconomic consideration. It is concluded that exclusivity and the assignment of image rights are, in principle, legally permissible, but only when they are clearly and roportionately delimited; otherwise, they risk turning contractual autonomy into an instrument for the economic capture of personality and the undue restriction of theathlete’s professional freedom Tipo: Trabalho de Conclusão de Curso 2026-05-04T00:00:00Z https://repositorio.pucsp.br/jspui/handle/handle/47005 Título: A classificação material da desconsideração da personalidade jurídica Abstract: Piercing the corporate veil is a sui generis legal doctrine under Brazilian law, as it allows, on an exceptional basis, for the relaxation of the principle of patrimonial autonomy. This flexibility permits certain obligations of the legal entity to be extended to its shareholders, managers and, where applicable, third parties, and vice versa, when thesonification onferred by the legal system is used in an anomalous manner. Introduced in Brazil by Rubens Requião, the disregard theory gradually acquired more efined contours within the national legal system. Its core rationale was codified in scattered statutory provisions and progressively incorporated into the practice of Brazilian ourts. Although its requirements are, for the most part, set out in statutory instruments, the systematization and classification were developed primarily by legal scholarship isregard doctrine in light of the requirements necessary to set aside, in specific cases, the effectiveness of patrimonial autonomy, as well as the connection between the rsons involved and those affected by its effects. The study also seeks to investigate the extent to which the different categories of disregard are structured and how they terrelate, subject to any applicable limitations Tipo: Trabalho de Conclusão de Curso 2026-05-04T00:00:00Z https://repositorio.pucsp.br/jspui/handle/handle/47006 Título: Os diferentes efeitos jurídicos derivados dos institutos da adoção e da filiação socioafetiva Abstract: The purpose of this study is to conduct a comparative analysis of the legal effects produced by the institutions of adoption and socio-affective filiation in the Brazilian legal system, with an emphasis on the rights and responsibilities arising from each.The study begins with the historical and social construction of the family and filiation in Brazil, from the patrimonialist model of the 1916 Civil Code to the eudemonist shift ushered in by the 1988 Federal Constitution. Against this backdrop, adoption is analyzed in its entirety: concept, legal nature, historical evolution, detailed requirements, and personal and property effects, followed by an examination of socio-affective filiation, its doctrinal foundations, its consolidation in case law, and its legal effects.The final chapter conducts a comparative analysis between the two institutions, identifying similarities and differences in their legal regimes, with an emphasis on the manner of establishing the bond, irrevocability, th termination or maintenance of biological ties, the maintenance regime, and inheritance law Tipo: Trabalho de Conclusão de Curso 2026-05-04T00:00:00Z