Macau Journal of Brazilian Studies《澳门巴西研究期刊》2022年第1期要目

法研在线 2022-10-05

来源：北大法律信息网

Macau Journal of Brazilian Studies《澳门巴西研究期刊》2022年第1期要目

1.INDEBTEDNESS AMONG OLDER ADULTS – RISK OF OLD-AGE POVERTY IN BRAZIL

巴西老年人负债状况——老年致贫风险研究

Author: Johannes Doll;

Karen Villanova Lima

2.MODELS OF CONSUMER PROTECTION REGARDING THE LAW APPLICABLE TO INTERNATIONAL CONSUMER CONTRACTS AND SUGGESTIONS FOR BRAZILIAN LAW

涉国际消费者合同适用法律的消费者保护模式和对巴西法律的建议

Author: Lúcia Souza d’Aquino

3.INTERNATIONAL LEGAL COOPERATION AND EXTRADITION IN BRAZIL: AN OVERVIEW IN ACCORDANCE WITH THE NEW MIGRATION STATUTE

国际法律合作与引渡——巴西的新《移民法》概述

Author: Audine Romano Cominetti;

Ricardo Arlindo Dias Neves

4.HUMAN RIGHTS FOR TRANSNATIONAL ENTERPRISES: LOOKING FOR SOLUTIONS TO PROTECT VULNERABLE PEOPLE IN POST-MODERN INTERNATIONAL SOCIETY

跨国企业的人权责任——探究后现代国际社会中弱势群体的保护方案

Author: Dezyree Rodrigues da Rosa

5.CHINESE INVESTMENTS IN BRAZIL: BRIEF GENERAL: BRIEF PANORAMIC CHARACTERIZATION

中国在巴西的投资概况——基于全局视角的简要分析

Author: Fábio Morosini;

Vivian Daniele Rocha Gabriel

6.NORMATIVE DEVELOPMENTS FOR THE PROTECTION OF TOURIST-CONSUMERS UNDER PRIVATE INTERNATIONAL LAW: LOCAL, REGIONAL AND GLOBAL EFFORTS

根据国际私法保护旅游消费者的范式发展——对比地方、区域和全球努力

Author: Claudia Lima Marques;

Tatiana Cardoso Squeff

7.THE IMPLEMENTATION OF THE 1951 CONVENTION ON THE STATUS OF REFUGEES IN BRAZIL: A STUDY BASED ON THE JUDGMENTS OF THE FEDERAL COURT OF THE 4TH REGION

1951年《关于难民地位的公约》在巴西的实施情况研究——以第四区联邦法院的判决为例

Author: Tatiana Cardoso Squeff

1.INDEBTEDNESS AMONG OLDER ADULTS – RISK OF OLD-AGE POVERTY IN BRAZIL

巴西老年人负债状况——老年致贫风险研究

Author: Johannes Doll,Karen Villanova Lima(Educator, PhD, Full Professor of the School of Education, Universidade Federal do Rio Grande do Sul; Educator, Master in Education, Universidade Federal do Rio Grande do Sul)

Abstract: The increasing indebtedness of Brazilian society primarily affects the older population. Among the reasons for the financial problems are the extremely easy access to credit, aggressive advertising towards new forms of credit (crédito consignado) and family solidarity, that is when, in times of crisis, the low pension income becomes the main source of finance for the family. The new form of credit for retirees and pensioners represents a special challenge for financial health among older adults in Brazil. The present article provides an overview of Brazilian demographic and economic contexts and presents data from a study in Rio Grande do Sul, South of Brazil, on propensity of indebtedness among the older population.

Key words:Indebtedness;old-age;poverty;Brazil

2.MODELS OF CONSUMER PROTECTION REGARDING THE LAW APPLICABLE TO INTERNATIONAL CONSUMER CONTRACTS AND SUGGESTIONS FOR BRAZILIAN LAW

涉国际消费者合同适用法律的消费者保护模式和对巴西法律的建议

Author: Lúcia Souza d’Aquino(Invited Professor at UFRGS‘Consumer Law and Fundamental Rights’Specialist Course. PhD at the Federal University of Rio Grande do Sul [UFRGS]. She holds a Masters degree in Laws from UFRGS [2015], and a specialist degree in French and European Contract Law from Université de Savioe-Mont Blanc/UFRGS. Director at the Brazilian Institute of Law and Maternity [IBDMater]. Member of the UFRGS study group “Mercosur, Consumer Law and Globalization”)

Abstract:This article addresses three models identified in determining the law applicable to international consumer contracts. Through a methodology of comparative legislation, the European (also adopted in Quebec, Argentina, Japan and the Dominican Republic), the Brazilian and the Chinese (which is similar to the Panamanian) models are presented. It is intended, after the review of these models, verify if Brazilian existing model is the best one, and, if it is not, make a suggestion to improve the protection of the vulnerable part in these situations.

Key words:Consumer Law;Private International Law;International Consumer Contracts;Applicable law

3.INTERNATIONAL LEGAL COOPERATION AND EXTRADITION IN BRAZIL: AN OVERVIEW IN ACCORDANCE WITH THE NEW MIGRATION STATUTE

国际法律合作与引渡——巴西的新《移民法》概述

Author: Audine Romano Cominetti, Ricardo Arlindo Dias Neves(Lawyer and federal public employee at the Brazilian Ministry of Justice and Public Security since 2010, Federal Police agent at the Brazilian Federal Police since 2005,Specialist, LL. M.and Ph. D.in International Law at the Federal University of Rio Grande do Sul [UFRGS]. LL. M.candidate at the Ruprecht-Karls-Universität Heidelberg/Germany. Bachelor in Business and Law at the Pontifical University of Rio Grande do Sul [PUCRS]. Member of the International Law Association [ILA-BRAZIL]. Guest Professor and lecturer at the following universities and institutions: The Jagiellonian University of Kraków [Poland]; Seton Hall School of Diplomacy [New York/USA]; New York City Bar [Lawyers Association, New York/USA]; Federal University in the State of Rio Grande do Sul/Brazil [UFRGS]; Pontific Catholic University of the State of Rio Grande do Sul/Brazil [PUCRS]; Center for European and German Studies [CDEA]-Brazilian chapter. Co-author of the book “Direito Internacional em Expansão-Volume VII”[“International Law in Expansion”]-ISBN 978-85-8238-244-8[Publisher: Arraes, 2016]. Polyglot.)

Abstract:This article presents an overview of the legal institutes of international legal cooperation in criminal matters in Brazil, with and emphasis in extradition, after the entry into force of the new Migration Law. Its aim is to demonstrate how this new legislation is in harmony with new trends in human rights and international criminal law in order to guarantee greater legal certainty, speed, effectiveness and efficiency in cases in which Brazil cooperates against criminality with transnational consequences.

Key words:International Legal Cooperation in Criminal Matters;Extradition;Migration Statute

4.HUMAN RIGHTS FOR TRANSNATIONAL ENTERPRISES: LOOKING FOR SOLUTIONS TO PROTECT VULNERABLE PEOPLE IN POST-MODERN INTERNATIONAL SOCIETY

跨国企业的人权责任——探究后现代国际社会中弱势群体的保护方案

Author: Dezyree Rodrigues da Rosa(Masters of European and German Law of the Federal University of Rio Grande do Sul-UFRGS and the Center of European and German Studies [CDEA-DAAD] Porto Alegre Brazil)

Abstract:Postmodernity presented to humanity new ways of communicating, transporting, negotiating and living. Big part of this technology was made by transnational enterprises that have a supply chain with activities all over the world. Despite many economic and technological benefits that these enterprises bring, there is also the challenge of how make business activities respect human rights and environment norms and have socially responsible conduct. The struggle to regulate it involves national sovereignty, conflict of law, participation of non-state actors in international law, private regulation e public awareness about how it matters. In order to present the theme in a multidisciplinary way, as it is, it will be presented the actual international human rights protection and why it is not effective for transnational enterprise’s reality. It will be explained its origin, its structure and its legal regime. It will be presented the alternative measures that are being adopted by States, both these ones which the enterprise is headquartered and those which constantly have human rights violations made by enterprises in its territory. A special focus is given to measures adopted by private sector as Codes of Conduct, certifications, and other initiated by stockholders to press enterprises to change its behavior. After that, it will be demonstrated the active participation that civil society can have, specially NGOs and consumers, for the purpose of socially responsible business performance.

Key words:Transnational enterprises;Human rights;Corporate social responsibility;Corporate governance;Soft law;Non-state actors.

5.CHINESE INVESTMENTS IN BRAZIL: BRIEF GENERAL: BRIEF PANORAMIC CHARACTERIZATION

中国在巴西的投资概况——基于全局视角的简要分析

Author: Fábio Morosini, Vivian Daniele Rocha Gabriel

Abstract:This article aims to present, at the outset, data that portray the importance of Chinese trade and investment flows in general and, in particular, their exponential rise in Latin America. Chinese investments in Brazil are in higher volume and present a higher diversification than in other countries in the region. Inside Brazil, Chinese investments differ not only regarding numerical data, but also regarding to their phases, which will also be presented in the article. All these elements make it possible to observe the Chinese expansion strategy through high capital contributions. However, it is noteworthy that Chinese investments in Brazilian territory also face certain barriers, mainly regulatory ones, which make their implementation difficult.

Key words:Chinese investments;Brazil;phases of Chinese investments;investment;diversification;Latin America

6.NORMATIVE DEVELOPMENTS FOR THE PROTECTION OF TOURIST-CONSUMERS UNDER PRIVATE INTERNATIONAL LAW: LOCAL, REGIONAL AND GLOBAL EFFORTS

根据国际私法保护旅游消费者的范式发展——对比地方、区域和全球努力

Author: Claudia Lima Marques; Tatiana Cardoso Squeff(Full professor in Private International Law [Federal University of Rio Grande do Sul, UFRGS, Porto Alegre, Brazil]. Chair of the Committee of International Protection of Consumers of the International Law Association [London]. Director of International Association of Consumer Law-IACL and the Center for European and Germany Studies, CDEA-DAAD, Porto Alegre. Doctor iuris utriusque [Ruprecht-Karls Universität Heidelberg], Legum Magister [Eberhard-Karls Universität Tübingen], Diplom in European Integration [Universität des Saarlandes], SDJ [UFRGS]. Former President of Asociación Americana de Derecho Internacional Privado [ASADIP, Asunción], and of Brasilcon [Brazilian Institut for Consumer Law and Policy, Brasilia]; Associate Professor of International Law [Federal University of Uberlândia, UFU, Uberlândia, Brazil]. Affiliated to the International Law Association-Brazilian branch [São Paulo], to ASADIP [Asociación Americana de Derecho Internacional Privado, Asunción], and to Brasilcon [Brazilian Institut for Consumer Law and Policy, Brasília]. PhD in International Law [Federal University of Rio Grande do Sul, UFRGS, Brazil], with a visiting research period at the University of Ottawa [Ontario, Canada]. Masters in Public Law [Vale do Rio dos Sinos University, UNISINOS, Brazil], with a visiting research period at the University of Toronto [Ontario, Canada])

Abstract:This article explores national (Brazilian) and regional (Mercosur) normative schemes erected to help tourist-consumers, and the development carried out before the Hague Conference on Private International Law since 2013, as it acknowledged the importance to establish a worldwide network intended to assist international tourists in the country of visit by providing ex ante information in an attempt to reduce the number of cross-border litigation ex post facto. This way, it is our goal to assess which one-if the regional or the international level-is contributing more to the establishment of a more effective assistance to international tourists.

Key words:protection of tourist-consumers;Private International Law;Hague Conference on Private International Law;cross-border litigation

7.THE IMPLEMENTATION OF THE 1951 CONVENTION ON THE STATUS OF REFUGEES IN BRAZIL: A STUDY BASED ON THE JUDGMENTS OF THE FEDERAL COURT OF THE 4TH REGION

1951年《关于难民地位的公约》在巴西的实施情况研究——以第四区联邦法院的判决为例

Author: Tatiana Cardoso Squeff(Permanent professor of the Graduate Program in Law at UFU, where she also works as an adjunct professor of International Law at undergraduate level. She holds a PhD in International Law from UFRGS, with a study period at the University of Ottawa; a Master Degree in Public Law from UNISINOS, being a CAPES scholarship holder, and a visiting researcher at the University of Toronto with a DFAIT scholarship. Member of ILA and ASADIP)

Abstract:This article first analyzes the solidification of the institute of refugees at the end of World War II and its inclusion in the Brazilian order. The second part of the article considers the hypothesis that the implementation of the 1951 Convention is not yet complete because of the legalization of demands for refugees, analyzing the sentences of the Brazilian Federal Court of 4th Region (TRF4). Methodologically, a quali-quantitative research is carried out, which, following the jurisprudential survey procedure, seeks to review the cases judged by TRF4 on the subject, as it is understood that the judicialization of claims by refugees in the region where they are more numerically concentrated in the country is likely to demonstrate the greatest difficulties faced by them. Once the results are obtained, through the descriptive and explanatory methods of analysis, the most recurrent problems faced by refugees in the national territory are considered, thus discussing, from the bibliographic and documentary procedure, the (possible) failures in the implementation of the 1951 Convention and other instruments derived from it, the results obtained being able to serve as a “map” to (re)think the role of Brazil in relation to the refugees located here.

Key words:1951 Convention on the Status of Refugees;status of refugees in Brazil;legal protection of refugees;TRF4 jurisprudence

Macau Journal of Brazilian Studies《澳门巴西研究期刊》（以下简称本刊，英文缩写为MJBS）由澳门巴西研究学会出版（葡文缩写为AEBM）。澳门巴西研究学会是致力于为促进和发展中国–巴西关系提供理论支持和建设性倡议的高端智库。作为研究性学术刊物，《澳门巴西研究期刊》旨在提供一个具有深度、广度关于巴西研究的国际性平台。除了学术对话之外，本刊也尤其欢迎写作的内容和风格以飨广大读者以及中国-巴西经贸关系的政策制定者的稿件。

本刊采用双向匿名评审机制来保证稿件的质量和价值。本刊一年出版2期，分别于每年4月和10月出版。除了印刷版（ISSN 2523-6601）之外，本刊也在线出版（ISSN 2523-661X），在线版本可见于在澳门巴西研究学会的官方网站〈www.aebm.mo〉。本刊的出版得到了澳门基金会的资助。