Pub Date : 1900-01-01DOI: 10.51799/2763-8685v1n2001
Nuria Marchal Escalona
{"title":"CIUDADANÍA EUROPEA Y REAGRUPACIÓN FAMILIAR DE MENORES SOBRE LOS QUE SE HA CONSTITUIDO UNA KAFALA","authors":"Nuria Marchal Escalona","doi":"10.51799/2763-8685v1n2001","DOIUrl":"https://doi.org/10.51799/2763-8685v1n2001","url":null,"abstract":"","PeriodicalId":171261,"journal":{"name":"Latin American Journal of European Studies","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126398480","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.51799/2763-8685v2n2013
Sofia Sulzbach
Investments in sophisticated technologies have enabled the creation of Artificial Intelligence (AI) systems capable of reproducing the behaviour of the human brain, with the ability to learn, decide and even create intellectual works. This technological reality drew the attention of the European Parliament and the Council of the European Union (EU), which began to pressure the development of research on AI and Intellectual Property (IP), to identify the best legal solutions to the factual situation of works generated by non-human agents. Responding to this call of the Parliament, this monograph proposes to investigate the feasibility of protection of intellectual works generated by AI systems in Brazil and the EU, based on current legislation, jurisprudence, and doctrine. To this end, the monograph is based on the hypothetical-deductive method, starting from a comparative approach, and divided into three main parts. The first part is destined to present the fundamental notions of AI and copyright. After this introduction, the second part assesses whether works generated by AI systems qualify as intellectual property subject to copyright protection, based on the case study of the painting The Next Rembrandt, identifying the issues related to the attribution of rights to human and non-human agents involved in the creation process. Finally, the third part is destined to examine the legislative proposals and governmental solutions suggested in Brazil and in the EU on the matter. Based on the acknowledgement of the insufficiency of traditional provisions to protect works generated by AI systems, it is concluded that the European Intellectual Property Office's proposal for the elaboration of a sui generis system seems to be the most adequate solution to protect works generated by AI in Brazil and in the EU.
{"title":"Law and policies related to works generated by artificial intelligence in Brazil and the European Union","authors":"Sofia Sulzbach","doi":"10.51799/2763-8685v2n2013","DOIUrl":"https://doi.org/10.51799/2763-8685v2n2013","url":null,"abstract":"Investments in sophisticated technologies have enabled the creation of Artificial Intelligence (AI) systems capable of reproducing the behaviour of the human brain, with the ability to learn, decide and even create intellectual works. This technological reality drew the attention of the European Parliament and the Council of the European Union (EU), which began to pressure the development of research on AI and Intellectual Property (IP), to identify the best legal solutions to the factual situation of works generated by non-human agents. Responding to this call of the Parliament, this monograph proposes to investigate the feasibility of protection of intellectual works generated by AI systems in Brazil and the EU, based on current legislation, jurisprudence, and doctrine. To this end, the monograph is based on the hypothetical-deductive method, starting from a comparative approach, and divided into three main parts. The first part is destined to present the fundamental notions of AI and copyright. After this introduction, the second part assesses whether works generated by AI systems qualify as intellectual property subject to copyright protection, based on the case study of the painting The Next Rembrandt, identifying the issues related to the attribution of rights to human and non-human agents involved in the creation process. Finally, the third part is destined to examine the legislative proposals and governmental solutions suggested in Brazil and in the EU on the matter. Based on the acknowledgement of the insufficiency of traditional provisions to protect works generated by AI systems, it is concluded that the European Intellectual Property Office's proposal for the elaboration of a sui generis system seems to be the most adequate solution to protect works generated by AI in Brazil and in the EU.","PeriodicalId":171261,"journal":{"name":"Latin American Journal of European Studies","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129126292","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.51799/2763-8685v2n002
Lutiana Valadares Fernandes Barbosa, Ana Luisa Zago de Moraes
{"title":"FAMILY REUNIFICATION","authors":"Lutiana Valadares Fernandes Barbosa, Ana Luisa Zago de Moraes","doi":"10.51799/2763-8685v2n002","DOIUrl":"https://doi.org/10.51799/2763-8685v2n002","url":null,"abstract":"","PeriodicalId":171261,"journal":{"name":"Latin American Journal of European Studies","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132320602","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.51799/2763-8685v2n008
Ana Adela Cruz Cervantes
{"title":"The reactions of the European Union to the murders of journalists in Mexico during the six-year period of Enrique Peña Nieto, within the framework of the democratic and human rights clause of the global European Union - Mexico Agreement","authors":"Ana Adela Cruz Cervantes","doi":"10.51799/2763-8685v2n008","DOIUrl":"https://doi.org/10.51799/2763-8685v2n008","url":null,"abstract":"","PeriodicalId":171261,"journal":{"name":"Latin American Journal of European Studies","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127307385","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.51799/2763-8685v2n2014
Ana Victória Diogo
In the midst of the so-called “crisis” of refugees in Europe, it is imperative to identify the particular challenges faced by refugee women and girls, in order to assess the effectiveness of public policies implemented for this social group. Assuming that there is specific violence suffered by refugee women, this article consists in a case study of refugee reception policies by European Union States between 2015 and 2021. Mobilizing Feminist and Decolonial theoretical approaches to International Relations and Subaltern Studies, it is concluded that direct and indirect violence is being perpetrated against refugees in EU countries. Thus, this work argues that public policies for refugees in the EU do not sufficiently reduce this situation of violence. The regional norms for the reception of refugees from the European Union, however, grant wide discretion to the Member States to implement public policies of this nature, which results in dissonances between the reception standards in each State. The reality of insufficiency and inefficiency of reception policies carried out by EU Member States on issues of gender-based violence, consists of a type of institutional silencing and the reproduction of subalternity.
{"title":"The inhabitants of the border","authors":"Ana Victória Diogo","doi":"10.51799/2763-8685v2n2014","DOIUrl":"https://doi.org/10.51799/2763-8685v2n2014","url":null,"abstract":"In the midst of the so-called “crisis” of refugees in Europe, it is imperative to identify the particular challenges faced by refugee women and girls, in order to assess the effectiveness of public policies implemented for this social group. Assuming that there is specific violence suffered by refugee women, this article consists in a case study of refugee reception policies by European Union States between 2015 and 2021. Mobilizing Feminist and Decolonial theoretical approaches to International Relations and Subaltern Studies, it is concluded that direct and indirect violence is being perpetrated against refugees in EU countries. Thus, this work argues that public policies for refugees in the EU do not sufficiently reduce this situation of violence. The regional norms for the reception of refugees from the European Union, however, grant wide discretion to the Member States to implement public policies of this nature, which results in dissonances between the reception standards in each State. The reality of insufficiency and inefficiency of reception policies carried out by EU Member States on issues of gender-based violence, consists of a type of institutional silencing and the reproduction of subalternity.","PeriodicalId":171261,"journal":{"name":"Latin American Journal of European Studies","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123333912","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.51799/2763-8685v2n2009
M. Coelho
The world in the 21st century is in continuous and frank transformation. Changes are increasingly occurring in a number of segments, including legal and environmental. The increase in environmental problems is a reflection of a risk society (Beck), whose behavior is incompatible with the balance of the environment and which brings to the international community an important alert for debates involving the public, private and social entities. organized civil society. Problems such as global warming, desertification, transnational pollution and food security are examples of some of the global concerns that affect everyone. In this global scenario, environmental mediation emerges as an instrument that can help those responsible, with the impacted society, to point out the problems that go beyond national borders. Environmental mediation, in a global order, is an option where actors involved in the debate and the problem will rely on negotiation techniques where all parties are well placed to best solve the problem, where the economic sector wins, which lacks environmental resources for development, society that lacks an ecologically balanced environment and the environment itself that cannot be exploited without threatening its balance and species. This article will address environmental mediation in a globalized society and especially as it exists in the European Union. In this scenario, the aforementioned legal institute, promising for the consensual settlement of conflicts, must be interpreted and analyzed in the light of the Constitution and from the global perspective of receiving this methodology, which can be implemented extrajudicially and contribute to the decongestion of the Judiciary in all. its segments, especially in environmental causes.
{"title":"Environmental mediation as an optimizing instrument for socioeconomic and sustainable development in international relations in the European Union and Brazil","authors":"M. Coelho","doi":"10.51799/2763-8685v2n2009","DOIUrl":"https://doi.org/10.51799/2763-8685v2n2009","url":null,"abstract":"The world in the 21st century is in continuous and frank transformation. Changes are increasingly occurring in a number of segments, including legal and environmental. The increase in environmental problems is a reflection of a risk society (Beck), whose behavior is incompatible with the balance of the environment and which brings to the international community an important alert for debates involving the public, private and social entities. organized civil society. Problems such as global warming, desertification, transnational pollution and food security are examples of some of the global concerns that affect everyone. In this global scenario, environmental mediation emerges as an instrument that can help those responsible, with the impacted society, to point out the problems that go beyond national borders. Environmental mediation, in a global order, is an option where actors involved in the debate and the problem will rely on negotiation techniques where all parties are well placed to best solve the problem, where the economic sector wins, which lacks environmental resources for development, society that lacks an ecologically balanced environment and the environment itself that cannot be exploited without threatening its balance and species. This article will address environmental mediation in a globalized society and especially as it exists in the European Union. In this scenario, the aforementioned legal institute, promising for the consensual settlement of conflicts, must be interpreted and analyzed in the light of the Constitution and from the global perspective of receiving this methodology, which can be implemented extrajudicially and contribute to the decongestion of the Judiciary in all. its segments, especially in environmental causes.","PeriodicalId":171261,"journal":{"name":"Latin American Journal of European Studies","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132476053","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.51799/2763-8685v1n2004
Silvia Fernanda Menéndez
{"title":"LA POLITICA MIGRATORIA DEBE EQUIPARAR DERECHOS DE NACIONALES Y MIGRANTES PARA CONTRIBUIR AL DESARROLLO SOSTENIBLE","authors":"Silvia Fernanda Menéndez","doi":"10.51799/2763-8685v1n2004","DOIUrl":"https://doi.org/10.51799/2763-8685v1n2004","url":null,"abstract":"","PeriodicalId":171261,"journal":{"name":"Latin American Journal of European Studies","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132654174","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.51799/2763-8685v1n1012
J. M. Diz
{"title":"Por uma aliança estratégica Mercosul e União Européia: O papel da Europa para o fortalecimento da Sustentabilidade","authors":"J. M. Diz","doi":"10.51799/2763-8685v1n1012","DOIUrl":"https://doi.org/10.51799/2763-8685v1n1012","url":null,"abstract":"","PeriodicalId":171261,"journal":{"name":"Latin American Journal of European Studies","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129019906","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.51799/2763-8685v1n2005
Alfonso Ortega Giménez
{"title":"LA INTEGRACIÓN DE LA POBLACIÓN INMIGRANTE EN LA UNIÓN EUROPEA","authors":"Alfonso Ortega Giménez","doi":"10.51799/2763-8685v1n2005","DOIUrl":"https://doi.org/10.51799/2763-8685v1n2005","url":null,"abstract":"","PeriodicalId":171261,"journal":{"name":"Latin American Journal of European Studies","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133440468","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.51799/2763-8685v2n011
Ana Cristina Gallego Hernández
{"title":"Derogation of rights in health emergencies","authors":"Ana Cristina Gallego Hernández","doi":"10.51799/2763-8685v2n011","DOIUrl":"https://doi.org/10.51799/2763-8685v2n011","url":null,"abstract":"","PeriodicalId":171261,"journal":{"name":"Latin American Journal of European Studies","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115139159","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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