As críticas de Fink e Frege à filosofia de Husserl |
Author : André R. C. Fontes |
Abstract | Full Text |
Abstract :A summary of the criticism by Eugen Fink and Gottlob Frege to Husserl’s Phenomenology is content of this article. |
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Contribuciones, desde una perspectiva europea, al articulo “As relações da Biologia com o Direito e seus dois maiores desdobramentos: o Biodireito e a Biopirateria” |
Author : Pedro Diaz Peralta |
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Abstract :Este articulo aborda las cuestiones sobre Bioética, Derechos humanos y Proteccion de la biodiversidad dentro de los términos académicos del debate sobre o Biodireito e a Biopirateria,ampliamente desarrollados por el Profesor Dr. Andre Fontes,introduciendo uma rápida vision desde la perspectiva europea de las opciones regulatorias adoptadas. |
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Entre direitos sociais e jabuticabas: as centrais sindicais no mundo e no Brasil |
Author : Leonardo Rabelo de Matos Silva, Ana Flávia Costa Eccard |
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Abstract :The article analyzes the existence of the Trade Union the world and in Brazil, using Comparative Law as a method. The title stems from the so-called “Theory of Jabuticaba,” dealt with in Political Science, in which thingsthat only succeed in Brazil, or appear to have had, are like fruit that would not exist else where in the world. The countries selected for sampling were Germany, Austria, Spain, Italy, France and Portugal. The reason is that they appear as success stories on the Europe ancontinent, in turn, the most progressive among the others. The compar is on with the Brazilian structure, which is contrary to the constitutional text it self (Article 8, II) is the object of this research and its conclusion: the confirmation of Jabuticaba Theory. If something only works in Brazil and is not jabuticaba, it needs to be investigated and understood. |
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Ensaio sobre a estabilização da tutela antecipada nas ações de família |
Author : Valéria Julião Silva Medina |
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Abstract :The phenomeno nof stabilization of injunctive relie fisone of the main changes brought by the new Brazilian Code of Civil Procedure and, as such, require the law operators a greate ffort in trying to implement it, under penalty of making a dead letter law. In this essay, it brought up all these challenges, the legislative inconsistency and trying to think of a concrete proposal for its effectiveness, especially in family demands, considering its important function is to reduce the process time, most illness afflicting the judicial assistance in Brazil. |
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A contraposição da teoria dos custos de direitos e do mínimo existencial no campo da judicialização dos direitos fundamentais |
Author : Diogo Oliveira Muniz Caldas |
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Abstract :In the wake of compliance and respect of fundamental and social rights, which are issued by list enshrined in the Constitution of the Federative Republic of Brazil, a big argument arises in the native country of the courts and doctrine. The protection of these rights must be observed on a mandatory basis or , to enter the issue of costs for the implementation and enforcement thereof, the state can avoid claiming that the literal and humanistic interpretation of the Constitution , is met , its already battered finance will be impacted so as to cause its end. A point beyond the present discussion, Amartya Sen teaches that economic development should not necessarily be opposed to the fundamental rights, but an instrument to achieve effective compliance. |
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A Lei dos 15 minutos e a sua (in) efetividade Jurídico-Social em Guanambi/Bahia |
Author : Edna Raquel Hogemann, Elpídio Paiva Luz Segundo, Leandro dos Santos Pacheco |
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Abstract :This essay brings a reflection on (in) effectiveness of Municipal Law 017/2000, later modified by Municipal Law no. 246, of May 8, 2008, the so-called “Law of 15 minutes” of the Municipality of Guanambi, Bahia, from analysis of a judicial decision from that district, related to the subject. |
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A proteção da Mulher com vista a promover a Igualdade Substancial no âmbito doméstico |
Author : Andréia Fernandes de Almeida, Adinan Rodrigues da Silveira, Sérgio Felipe Coelho Francisco |
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Abstract :This article aims to analyze the evolution of women’s rights in the social sphere, based on Substantive Equality. Demonstrating legislative changes, based on the protection of women, based on the principle of substantial equality. Becoming essential in society equal treatment in law and before the law, in order to consciously develop agents in society. |
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Lava Jato: o problema do Estado Democrático de Direito na modernidade periférica |
Author : Raquel de Lima Mendes, Ivan da Costa Alemão Ferreira |
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Abstract :This study aims to analyze the main routes, especially from the Marcelo Neves vision in his book “Between Themis and Leviathan: a difficult relationship”, which can be made and considered negative for the effective realization of the democratic rule of law in modernity peripheral. This is because, relate primarily to the limits to self-reference of political and legal systems. Luhmann and Habermas’s theories will be analyzed, made in central modernity of countries and their supposed applicability in modern peripheral countries. The study proposes a vision beyond the Marcelo Neves theory, because, it will address the context of the operation “Lava Jato”. |
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Política nacional de resíduos sólidos (Lei no 12.305/2010) e educação ambiental |
Author : Danielle Reis, Reis Friede, Flávio Humberto Pascarelli Lopes |
Abstract | Full Text |
Abstract :This article talks about the necessary effectiveness of the Law no. 12.305/2010, highlighting aspects like the integrated management of solid waste and the shared responsibility between governments and society. It argues that a public policy aiming to modify rooted behaviors and practices regarding the management of what was considered garbage is not built only with the editing of a new law. Finally, it concludes that, to reach the public engagement stage, the environmental education public policies effectiveness is necessary, once that everything starts with the separation and adequate discard of waste in the generating source, which avoids recycled materials quality loss. The population must be dully educated in a way to change its habits in what regards garbage discard. |
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Reconfiguração regional e disputa oligárquica no Sudeste brasileiro no final do Império: imigração, ensino agrícola e o projeto de criação da Província do Rio Sapucaí |
Author : João Eduardo de Alves Pereira |
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Abstract :This article presents and comments on excerpts from a bill proposed to the Senate of the Empire in 1887 to create a new province between Rio de Janeiro, Minas Gerais and São Paulo: The Sapucaí River Province. Politically, the project was aimed at weakening the growing power of polarization in the city of São Paulo and the strength of republican sectors there. It also dealt with other relevant aspects, questions and elements of the institutional, political and economic environment of the 1880s, such as the archaism of the dominant classes of the country and the extensive character of its agrarian economy, which delayed the implantation of agronomic innovations verified in other countries, at that time. |
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Prejulgamento induz suspeição de juiz criminal |
Author : Christiano Fragoso |
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Abstract :The author argues that it is important for the judge, especially in the criminal area, to maintain an impartial attitude towards the case before him, arguing that, in the event of prejudgment, the judge should be excluded from conducting the deed. |
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Notas históricas e conceituais sobre o direito social à educação |
Author : Rogerio Borba, Juliana Portella de Aguiar Vieira |
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Abstract :Considering the undeniable importance of education in the social transformations desired for the country, it aims to analyze the social right to education in its context of emergence, evolution and effectiveness. In order to do so, we study, through historical and documentary methodology, the constitutional and infraconstitutional determinations on the subject, as well as the analysis of interpretations resulting from such norms. In this way, it can be observed that education is a right whose implementation depends on concrete measures, which leads to the conclusion that Brazil needs to give the theme its priority role, as soon as possible. |
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Insanidade e Direito Penal: a duração máxima das medidas de segurança |
Author : Carlos Eduardo Adriano Japiassú, Flávia Sanna Leal de Meirelles |
Abstract | Full Text |
Abstract :Considering the existence of people who practice criminal acts without having the mental capacity to understand and want eventual punishment suffered, Brazilian Criminal Law relies on the security measure as a way of sanctioning such individuals. However, contrary to what happens with penalties, the Brazilian Penal Code does not specify what should be the maximum duration of compliance with the security measure. The purpose of this article is to describe the answers given to this question, using the existing doctrinal understandings on the subject. In this way, it is observed that there is still no definitive answer to the aforementioned questioning, which leads to the conclusion that the subject is urgent and of paramount importance. |
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Uma contravenção controvertida: reflexões acerca da tutela penal do jogo do bicho |
Author : Rômulo Bulgarelli Labronici, Gabriel Borges da Silva |
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Abstract :This article is the result of an empirical research that brings together historical representations, ethnographic data collected in the field and theoretical and journalistic sources of the “jogo do bicho” ´s lottery, that explains the relation of the organization and forms of it ´s structuring and institutionalization with the characteristics of the repression of its practices, justified by it ´s criminal tutelage. It is not intended here to promote a historical discussion or an argument necessarily despanalizador of the practice of this lottery. However, it seeks to review some aspects of the game with the relationship of it ´s criminalization to criminal law, in order to analyze, reflect and problematize the application of criminal law, as in the case of this lottery in which the processes of criminalization of this practice contributed to the rooting and fortification of the game in the illegality. |
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Tratados e convenções internacionais recepcionados pelo Brasil para a preservação do meio ambiente |
Author : Thiago Jordace, Leslie Arthou |
Abstract | Full Text |
Abstract :Considering the new paradigm of dialogue between peoples started to the second half of the twentieth century, the environment has been the subject of international discussions about its necessary preservation. The analysis of the main international treaties and conventions welcomed by Brazil for the preservation of the environment is the beginning and foundation to think of preservationist policies, favoring not only the Brazilian nation, but the globalized world. In this way, the main international standards and its most important elements are analyzed in this work, aiming to open a space for debate about the environmental normativity. |
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