HUMANITIES AND RIGHTS GLOBAL NETWORK JOURNAL

LEGAL ENTITIES, COMPLIANCE PROGRAMS AND PENALTIES IN PORTUGUESE LAW

Teresa Quintela de Brito — 2026-01-03

The purpose of this text is twofold: to highlight the substantive effects that compliance programs have in Portugal in terms of the penalties imposed on legal persons; to reflect on the true meaning of these effects (which are not always favorable) and their consequences on the procedural behavior of collective entities pending criminal proceedings, pressured in multiple ways to adopt and implement "reactive" compliance mechanisms. To this end, we will analyze in detail the corresponding amendments to the Portuguese Penal Code

THE INTEREST OF THE CHILD IN NON-BIOLOGICAL FILIATIONS IN THE SPANISH LAW

Maria Victoria Mayor del Hoyo — 2026-01-03

In Spain, the 1981 legal system of filiation is based, with certain limits, on the principle of biological veracity: it tends to make a legal child who is biologically a child. Notwithstanding the above, the system opens the door to filiation without a biological basis when regulating adoption and assisted human reproduction techniques. On the other hand, the current doctrine of the Supreme Court on the validity of acknowledgements of consent also implies a departure from the principle of biological truth that finds legal backing in the recent Law 4/2023. The interest of the child is present, in the form of an inspiring principle, in the system of filiation based on the biological relationship. But when the system departs from biology, the criterion of the child's interest is affected: it ceases to have an homogeneous consideration and the intensity with which it is applied depends on the objective pursued with the different non-biological filiations, sometimes being overlooked. This places the child, in certain cases, in a situation of vulnerability. The paper analyses the specific treatment that the rules regulating each of these filiations (adoption, parentage derived from assisted human reproduction techniques and parentage determined by recognition of complacency) give to the interests of the child.

LAW Nº 9602 OF THE PROVINCE OF TUCUMÁN, ARGENTINA: A MECHANISM FOR ADAPTING TO THE LAW OF VULNERABILITIES

Ignacio Neme Scheij — 2026-01-03

In mid-September 2022, the Legislature of Tucumán conceived a mechanism aimed at providing specific protection to individuals who are experiencing natural conditions or circumstances that hinder the development of their personal autonomy or the enjoyment of essential rights, and who, consequently, suffer from defencelessness and interdependence. This regulation oscillates between the unavoidable obligation to shelter the legitimate claims for equality and justice presented by vulnerable subjects and the complexity of doing so through a concept that multiplies the possible responses, potentially damaging the sustainability of State resources. Therefore, the best solution is to concentrate on specific cases, relying on the collaboration of the Inter-American System of Human Rights Protection, as it clearly indicates the degree of fragility that warrants robust protection.

VULNERABILITY AND INSOLVENCY. PROBLEMS IN THE PROMPT REPAYMENT OF LOANS BY VULNERABLE PERSONS

Nicolás Di Lella — 2026-01-03

This paper analyzes the legal viability or inviability of applying the prompt payment mechanism (article 16, Argentina Bankruptcy Law nº 24,522) in a pre-bankruptcy proceeding to creditors in vulnerable situations. The study approaches the issue from the argumentative framework outlined in two precedents from the Supreme Court of Justice of Argentina, which are clearly contradictory given the different composition of the courts in each case. Reasons are provided for the position adopted, and the need for reform of Argentine bankruptcy law is highlighted, along with potential solutions.

CYBERBULLYING IN THE BRAZILIAN SCHOOL CONTEXT: FROM TENSION BETWEEN PARENTS AND THE SCHOOL TO COOPERATION

Taisa Macena de Lima — 2026-01-03

This paper addresses cyberbullying in the school context to understand the limits and potential of parents and schools in educating children and adolescents who are capable of interacting with one another. To this end, the analysis will be structured around four main pillars: first, the concept of cyberbullying, its characteristics, and applicable national regulations are examined. Next, the limits and extent of parental authority, as well as the resulting civil liability of parents for their children's actions, are investigated. Subsequently, the issue of schools' duty of care through the lens of new concepts of civil liability is explored. Finally, an alternative path will be proposed to mitigate the tension between family and school by transitioning from a conflict model to a logic of cooperative solidarity in dealing with cyberbullying.

VULNERABILITY IN THE MICROSYSTEM OF CONSUMER LAW

Jose Sahian — 2026-01-04

The paper examines the centrality of vulnerability in the microsystem of protection of consumers and users, understood as a legal category that articulates equality, equity and dignity. This sector of private law has become the most dynamic space for the protection of people in structurally disadvantaged situations, by explicitly recognizing the inherent power asymmetries of the market and promoting differentiated mechanisms aimed at restoring real conditions of equality. The article analyzes the constitutional, international, supranational, and comparative evolution of this principle, showing how various legal systems raise equitable treatment and the prohibition of discrimination to higher levels of legal protection. Likewise, the Argentine normative construction is examined, in which the defense of consumers incorporates a human rights perspective and expands the scope of the antidiscrimination principle. The study also highlights the regional expansion of norms that prohibit abusive and discriminatory practices, and that require objective, deferential and inclusive conduct by providers. It is pursued to demonstrate that vulnerability constitutes a structural normative axis for the contemporary understanding of consumer law and a central instrument for the reinforced protection of groups traditionally relegated. The novelty lies in the study of vulnerability in this orbit of Private Law, and not only in the traditional field of human rights.