General Theory of Appeals in Civil Law

General Theory of Appeals in Civil Law

Origin and Definition of Appeals in Brazilian Law Before understanding appeals within the legal framework, it is necessary to delve a little into anthropology. This is specifically to understand the social function of appeals, what is the reason for their existence beyond the structure provided by law itself. When we enter into the analysis within the sphere […]

Subsequent unconstitutionality: has Brazil adopted this theory?

Subsequent unconstitutionality: has Brazil adopted this theory?

When we consider the constitutionality or subsequent unconstitutionality of legal norms, it is good to keep in mind that we are talking about constitutional review, an instrument established for the control of sub-constitutional norms in light of the Constitution of the Federative Republic of Brazil (1988). In this text, I want to present a theory that is much debated among constitutionalists, namely, that which […]

Is performance-based pay detrimental to innovation?

Principal Investigator: Omar Barroso Khodr Authors: Ederer and Manso (2009) Original Title: Is Pay-for-Performance Detrimental to Innovation? Intervention Location: Harvard Business School Economic Research Laboratory (HBS CLER), with experiments programmed and conducted using z-Tree software. Sample Size: 379 participants Main Variable of Interest: Success in innovation, operationalized as the […]

Litigation involving shareholders and corporate innovation

Principal Investigator: Omar Barroso Khodr Authors: Liu, Lin, and Manso (2018) Original Title: Shareholder Litigation and Corporate Innovation Intervention Location: United States — 23 American states that adopted “Universal Demand” (UD) laws between 1989 and 2005. Sample Size: 4.526 unique public firms and 57.310 observations at the shareholder level […]

The duty of care under the Digital ECA: the lesson from the Discord case.

The duty of care under the Digital ECA: the lesson from the Discord case.

On August 12, 2026, the duty of care under the Digital ECA ceased to be a doctrinal thesis: Discord was given three business days to shut down an entire functionality in Brazil. The order came from the ANPD (National Data Protection Authority), as a preventive measure, and encompassed Go Live and all equivalent features of transmission, retransmission, mirroring, synchronized playback […]

Criminal liability of legal entities in the jurisprudence of the Brazilian Supreme Court.

Criminal liability of legal entities in the jurisprudence of the Brazilian Supreme Court.

By Manassés Lopes The president of a company receives a summons. There is a criminal lawsuit for environmental crime, and his name appears in the indictment. He did not operate the industrial plant, did not make the technical decision that caused the damage, and was not at the site of the event. The accusation reaches him for one reason only: he […]