Analysis and reflections

All legal systems face a common challenge: how to respond to harmful human behavior? Where should the line be drawn between punishing antisocial conduct that threatens social order and compensating victims? Each legal system must define the boundaries between civil liability and criminal liability. Sometimes these lines are clear-cut, at other times they are blurred, and sometimes they do not even exist.

In August 2023, the Brazilian Institute of Corporate Governance (IBGC) published the 6th edition of its Code of Best Practices in Corporate Governance. The current document introduces innovations in several areas, incorporating quantitative and qualitative standards focused on ESG (Environmental, Social, and Governance) practices.

Since the description of the molecular structure of DNA (J. Watson and F. Crick, 1953) and following the overcoming of the challenges posed by the sequencing of the human genome (Human Genome Project, 2003), scientists have been dedicated to the study and development of technologies that enable the genetic manipulation of cells and organisms, with the aim of eliminating or correcting genetic mutations, thereby undoing or silencing their deleterious effects.

With the implementation of the revolutionary gene-editing technology—CRISPR/Cas9 —a tool capable of making significant interventions in segments of human DNA—the potential for future development of therapeutic and preventive alternatives has expanded for severe, hereditary diseases that are, in most cases, incurable and difficult to treat.

The manipulation of DNA sequences in human embryos ceased to be a mere prospect and became a reality in 2015. Chinese researchers, using the gene-editing technique —CRISPR/Cas9 (clustered regularly interspaced short palindromic repeats)—successfully corrected a mutation in the HBB gene, the expression of which causes beta-thalassemia, a condition that leads to severe anemia.

Wittgenstein once wrote that “the limits of my language mean the limits of my world.” In fact, the development of applications focused on natural language processing has always been a challenge, as algorithms capable of “understanding” human requests and demands with the sensitivity that only another human can internalize have fascinated researchers around the globe for decades. However, to date, no program sophisticated enough to achieve this goal has ever been developed.

The topic of “artificial intelligence” has never been discussed as much as it is today, and there has been a great deal of excitement due to the increased access to tools such as OpenAI’s ChatGPT, which has been operating using the GPT-4 (Generative Pre-training Transformer 4.0) algorithm, the latest version powering this tool, since March 2023.

In 2005, the European Group on Tort Law (EGTL) published the text and commentary of its “Principles of European Tort Law” (PETL). In Article 4:201, the PETL included a rule on the reversal of the burden of proof regarding fault, which was intended to bridge the gray area between fault-based liability and strict liability. Nearly 18 years after the publication of the PETL, legal scholar Barbara Steininger revisits these gray areas.¹ In doing so, she first outlines what is meant by the concept of gray areas between strict liability and fault-based liability. Next, she examines how these gray areas are addressed in the Principles and, finally, offers comments on Article 4:201 of the PETL and the way forward.

Social function is one of the most thought-provoking principles governing contractual relationships.

In Brazil, a bill (PLC 6.799/13), sponsored by Representative Ricardo Izar, proposes a new classification system for non-human animals.

Today, many suppliers (in Portuguese, “fornecedores”), a concept defined in the Brazilian Consumer Protection Code, try to wear consumers down, charging them excessive amounts and robbing each one of their valuable time.

Private and public property, due to their similarities, are subject to constitutional principles and provisions, despite slight differences in their legal characterization—such as the fact that public property is not subject to statutes of limitations.

Claims for damages typically arise from an event of great personal impact.

Alberich, lord of the Nibelungs, according to Norse mythology, forged a ring that carried both a blessing or power and, at the same time, a curse.

In my previous column of our “Direito Privado no Common Law,” we summarized the main ideas from a paper by Alex Engler, published on April 25, 2023,¹ in the context of a report produced by Governance Studies. At that time, based on the premise that the EU and the U.S. are fundamental to the future of global AI governance, we evaluated the two blocs’ approaches to AI risk management.

Here we summarize the main ideas from the paper authored by Alex Engler, published on April 25, 2023, as part of a report produced by Governance Studies.¹

I have previously had the opportunity to write an article dedicated to the legal model of death damages and its implications and possibilities in civil law jurisdictions, especially in light of the complete failure of the traditional compensatory function of civil liability—and the corollary of the principle of full compensation—in adequately protecting the fundamental right to life.

I have previously had the opportunity to write an article devoted to the legal model of damages for death and its implications and possibilities in civil law jurisdictions.

The term "overlook" usually means to ignore or neglect, but in this ruling it was used in a more literal sense, as "to have a view from above" or "to see from a higher place." The decision in Fearn v. Tate Gallery Board of Trustees was handed down on February 1, 2023, by the Supreme Court of England. The full decision is available here.

Conceptually, pursuant to Article 5, XII, of the General Personal Data Protection Law (LGPD), “consent” is defined as “a free, informed, and unambiguous expression by which the data subject agrees to the processing of their personal data for a specific purpose.” Article 8 of the LGPD provides further details regarding the characteristics of consent for the processing of personal data.