Ethics Policy

The Brazilian Journal of Empirical Legal Studies has a strong commitment to ethics and to the quality of its publications, not tolerating data fabrication, data falsification, plagiarism, self-plagiarism or any other unethical behavior throughout its editorial process.

Therefore, all subjects involved in the activities of this Journal, editors, reviewers, authors and members of the editorial team should act in accordance with the following principles:

Editors

- The editors are responsible for the articles published in this Journal. Therefore, it is up to them to decide which papers should be included in each edition, and they may consult other members of the editorial team.

- The editors should ensure that their decisions are in accordance with current legislation, especially regarding the protection of personal data, freedom of expression, defamation, copyright infringement and plagiarism.

- The editors must make their decisions based on objective criteria and transparent arguments, such as the importance, validity, originality, clarity and relevance of the works submitted to this Journal. The rationale of their decisions should never preclude any submission based on the authors' ethnicity, gender, sexual orientation, religious belief, nationality, or political philosophy.

- The editors should not share any information about the work submitted to the Journal with anyone other than the authors themselves, the reviewers and the other editorial staff responsible for the work.

- The editors should not use in their own research any kind of information or ideas obtained from unpublished papers submitted to the Journal.

- The editors should refrain from judging works that may generate any type of conflict of interest, whether due to personal, professional, competitive or collaborative relationships with any authors or institutions related to the article.

- The editors should ensure that the choice of the reviewers is made in line with their respective areas of expertise and must take into account any declaration of conflict of interest in the evaluation of the work. This declaration must be taken seriously when requested by the authors or by the reviewers themselves.

- The editors must fulfill their assigned duties within the preestablished deadlines.

- The editors should not reverse decisions regarding articles approved for publication unless pertinent new information becomes available.

- The editors should take responsibility for fostering and demanding ethical behavior from all other participants in the editorial process, and should take fair, prompt and effective action regarding any complaints about the Journal's activity, even in relation to works they do not intend to publish. The editors should therefore always be willing to post corrections, clarifications, and retractions when necessary. In addition, in cases of conflict, the editors should be committed to listening to all subjects involved and considering their reasons equally.

Reviewers

- The reviewers, through their evaluations, should contribute to the decisions of the editors and to the improvement of the papers submitted to the Journal.

- The reviewers should ensure that their assessments are in line with current legislation, especially regarding the protection of personal data, freedom of expression, defamation, copyright infringement and plagiarism.

- The reviewers should evaluate the works based on objective criteria and transparent arguments. The rationale of their evaluations should never preclude submissions from authors based on ethnicity, gender, sexual orientation, religious belief, nationality, or political philosophy.

- The reviewers should not share any information about the works submitted to the Journal with anyone, except the members of the editorial team with whom they are in contact due to the work attributed to them.

- The reviewers should not use in their own research any kind of information or ideas obtained from the unpublished works submitted to the Journal.

- The reviewers should refrain from judging works that may generate any kind of conflict of interest, due to personal, professional, competitive or collaborative relationships with any authors or institutions related to the manuscript.

- The reviewers must fulfill their assigned duties within preestablished deadlines. Thus, the reviewers who, beforehand, are aware of any difficulty in fulfilling their respective tasks within the agreed timeframe should refuse the task in advance. Similarly, those who have accepted a task and subsequently are unable to fulfill their obligations, should immediately notify the editorial staff of the Journal, so that a new deadline or a replacement of the reviewer can be arranged.

- The reviewers should take responsibility for reporting any unethical behavior they have observed during their activity. The reviewers should draw attention, for example, to any evidence of data fabrication, data falsification, plagiarism, self-plagiarism or lack of originality in the papers submitted to them or in articles already published in the Journal.

Authors

- The Authors and the co-authors are specifically those who have contributed significantly to the conception, the project, the execution or the interpretation of the submitted work. Thus, the authors must ensure that all co-authors of the paper must have contributed significantly to its realization, and effectively approved its final version and agreed to its submission to this Journal. The lending of equipment, financing or general supervision should not be grounds for the inclusion of any individual as author, and subjects who have participated in the research project should have their contributions recognized or listed as contributors. It should be noted that all authors are responsible for the entire content of the submitted paper, unless any kind of limitation to this rule has been granted.

- The Authors should ensure that their conclusions and/or the results of their research are in line with current legislation, especially regarding the protection of personal data, freedom of expression, defamation, copyright infringement and plagiarism.

- The Authors should take all precautions to use only true information in their work, avoiding any doubtful, inaccurate or known false information to support their arguments.

- The Authors should only submit completely original papers and should take all necessary precautions to avoid any kind of plagiarism. Moreover, if information previously published by other authors is used, all information must be correctly referenced.

- The Authors should seek written permission from the source whenever they use any information obtained privately in their work (e.g., conversations, correspondence or discussion with third parties). In addition, when information is collected as a result of confidential activities, authors should also request the written permission of the author of the work involved in such activities.

- The Authors should only submit unpublished papers to this Journal. This means that authors should not submit papers that have already been published or are under review by any other Journal. In addition, unpublished works are not those that correspond essentially to the same research activity reproduced in other articles.

- The Authors should elaborate an accurate account of the research carried out in their work and an objective analysis of the results. Moreover, the authors should present their research in a way that enables its replication by other researchers, thus, all procedures should be transparent and all references correctly indicated.

- The Authors should be transparent and explicitly disclose in their work any type of conflict of interest that could affect the reliability of the results. Thus, authors should disclose all sources of funding that enabled their research.

- The Authors must respect the time limits set by the Journal and fulfill all tasks related to the editorial process within the preestablished deadlines.

- The Authors should immediately notify the editorial staff of this Journal whenever they observe a significant error, inaccuracy or any unethical behavior in their own work, even if it is under review or has been published. Once the error has been acknowledged, the authors should cooperate with the editorial team so as to make the right amendments or corrections.

Editorial team

- The Editorial team members should ensure that their performance is in line with current legislation, especially regarding to the protection of personal data, freedom of expression, defamation, copyright infringement and plagiarism.

- The Editorial team members should base their activity on objective and transparent criteria, without precluding any submission based on the author’s ethnicity, gender, sexual orientation, religious belief, nationality or political philosophy.

- The members of the editorial team should not share any information about the works submitted to the Journal with anyone, except the authors themselves, the reviewers and the other members of the editorial team responsible for the work.

- The members of the editorial team should not use in their own research any kind of information or ideas obtained from unpublished works submitted to the Journal.

- The Editorial team members should ensure that any source of commercial revenue or any other interest of their own or of the Journal does not jeopardize the integrity of their activities.

- The members of the editorial team must fulfill their assigned duties within preestablished deadlines.

- The Editorial team members should assume responsibility for fostering and enforcing the ethical behavior of all those involved in the editorial process and should promptly forward to the Editors any complaints or suspicions of unethical content or activity. Thus, the editorial team must take all necessary precautions to avoid and to resolve any form of data fabrication, data falsification, plagiarism, self-plagiarism or lack of originality.

These guidelines are not intended to be exhaustive and were formulated based on guidelines published by internationally recognized bodies in the field of editorial ethics, such as:

- A Short Guide to Ethical Editing for New Editors - Committee On Publication Ethics (COPE) <https://publicationethics.org/files/A_Short_Guide_to_Ethical_Editing.pdf>;

- Code of Conduct and Best Practice Guidelines for Journal Editors - Committee On Publication Ethics (COPE) <https://publicationethics.org/files/Code_of_conduct_for_journal_editors_Mar11.pdf>;

- Código de Boas Práticas Científicas - Fundação de Amparo à Pesquisa do Estado de São Paulo (FAPESP) <http://www.fapesp.br/boaspraticas/FAPESP-Codigo_de_Boas_Praticas_Cientificas_2014.pdf>;

- Principles of Transparency and Best Practice in Scholarly Publishing - Committee on Publication Ethics (COPE), Directory of Open Access Journals (DOAJ), Open Access Scholarly Publishers Association (OASPA) e World Association of Medical Editors (WAME) <https://publicationethics.org/files/Principles_of_Transparency_and_Best_Practice_in_Scholarly_Publishingv3.pdf>;

- Relatório da Comissão de Integridade de Pesquisa do CNPq - Conselho Nacional de Desenvolvimento Científico e Tecnológico (CNPq) <http://memoria.cnpq.br/documents/10157/a8927840-2b8f-43b9-8962-5a2ccfa74dda>.

In case of any loopholes in the above parameters, the national and international best practices will be used to resolve the issue, which is why it is highly recommended that all parties involved in the editorial process of this Journal read the aforementioned documents.

 

PRACTICAL MEASURES TO ENFORCE THE ETHICAL PRINCIPLES OF THE REVISTA DE ESTUDOS EMPÍRICOS EM DIREITO (EMPIRICAL STUDIES JOURNAL IN LAW, IN ENGLISH)

--> What do we do to avoid and to solve problems related to authorship in our Journal?

In our Journal, we believe that authorship of the submitted articles is a serious matter and the researchers’ honesty in this regard is fundamental for the reliable construction of academic knowledge.

In this vein, any kind of unethical behavior related to this topic, such as, practices known as gift / guest authorship and ghost authorship, will not be tolerated.

To avoid any issues related to authorship, the following steps have been taken:

- In the section “Ethics Policy”, which is compulsory reading for potential authors, the definition of authorship adopted by our Journal and our absolute intolerance of any kind of unethical behavior is made explicit;

- Moreover, in the “Ethics Policy” section, we encourage all parties involved in the editorial process to report any suspicion of unethical behavior at any time. In this specific case, we are permanently open to receive complaints and willing to resolve issues that may arise related to authorship;

- When submitting their work, authors must declare that they are aware of the definition of authorship adopted by the Journal, describing the collaboration of each author for the submitted work, and declaring that all information provided is true and including the consent of all authors;

- In addition, by submitting their work, authors declare that all of the collaborators had access to the final version of the work submitted and they are in full agreement with its content;

In cases where issues related to article authorship arise, we will take the following steps to address them:

- Upon submission, if we receive any reports of unethical behavior related to authorship, we will suspend the reviewing process and set up a Commission made up of members from the editorial staff to evaluate the situation of those involved.

This Commission will analyze and evaluate the problem presented and resolve the issue as appropriately as possible - for example, correcting the data submitted at the time of submission or permanently rejecting the work;

- If, after publication, any reports of unethical behavior related to authorship are received, we will preemptively remove it from the Journal's website and set up a Commission made up of our editorial staff to dialogue with the parties involved. This Commission will analyze and evaluate the problem presented and resolve the issue as appropriately as possible - for example, by publishing a rectification or permanently deleting the work.

For additional information on authorship, important definitions and suggestions for new researchers, we recommend reading the COPE report.

How to handle authorship disputes: a guide for new researchers, written by Tim Albert e Elizabeth Wager, in 2003: <https://publicationethics.org/files/2003pdf12_0.pdf>.

These measures are not intended to be exhaustive and it was formulated based on publications from internationally recognized bodies in the editorial ethics field, such as:

- How to recognise potential authorship problems (COPE) <https://publicationethics.org/files/Recognise_Potential_Authorship_Problems.pdf>;

- How to spot authorship problems (COPE) <https://publicationethics.org/files/u7140/Authorship%20problems.pdf>;

- What to do if you suspect ghost, guest or gift authorship (COPE) <https://publicationethics.org/files/Ghost.pdf>;

- Changes in authorship: (a) Corresponding author requests addition of extra author before publication (COPE) <https://publicationethics.org/files/u7140/Authorship%20A.pdf>;

- Changes in authorship: (b) Corresponding author requests removal of author before publication (COPE) <https://publicationethics.org/files/Authorship%20B.pdf>;

- Changes in authorship: (c) Request for addition of extra author after publication (COPE) <https://publicationethics.org/files/Authorship%20C.pdf>;

- Changes in authorship: (d) Request for removal of author after publication (COPE) <https://publicationethics.org/files/Authorship%20D.pdf>.

If there is any loophole in the measures initially established by our Journal, we will use the best national and international practices to resolve the issue, which is why it is recommended that all parties involved in the editorial process read the above documents.