The article analyzes the rules of the exercise of jurisdiction, in cases with foreign elements, as per the new Code of Civil Procedure in Brazil, enacted in 2015.

The present study aims to analyse the so called “stabilization of preliminary injunctions”, a new instrument brought by the Brazilian Code of Civil Procedure of 2015, in order to reach the speedy trial principle. We seek to identify and critically examine the main sources of doubts and dissents, as a way to provide the adequate use of this brand new instrument.

The correct application of the criteria for legal interpretation, more than any other factor, is what makes the social ordering secure, preventing the overthrow of the legal order, which generates social instability. Faced with such relevance, the current article discourses about the Theory of Legal Interpretation.

The work deals with the insertion of the unions between people of the same sex in the scope of the Right of Family, starting from the notion regarding the full communion of life. The judgment of the Brazilian Federal Supreme Court regarding family entities formed by persons of the same sex, besides the necessary requirements for their configuration, was analyzed.

The following work discusses the use of the idea of History in books on the History of Law, with the aim of the text to problematize the use (or non - use) of research sources. It concludes that an absence of references to historical sources results in a flaw in the study of the History of Law, Philosophy of Law, and Comparative Law. The article also discusses the exclusive use of laws as sources for historical - legal res earch and the importance of the development of academic protocols in the production of scientific works in the legal studies.

This article examines the issue of the duty to renegotiate the contract, investigating its applicability, its legal basis and the consequences of its recognition in a scenario of contractual unbalance in contemporary Brazilian law. The behavior of the contracting parties in the context of contractual unbalance is analyzed, highlighting the absence of regulation of the subject by the Brazilian legislator. Thereafter, the foreign legal experience is examined to formulate the features of the duty to renegotiate in the Brazilian legal system.

The evolution of the role of will in contractual relations is associated with different degrees of legislative intervention on private autonomy. Under the voluntarist influence in civil codifications, the legislator was concerned only with ensuring the formal integrity of the declaration of will. Therefore, the content of the agreement, once freely agreed upon, made law between parties. The contractual dirigisme gradually added external influences to the private autonomy (auto nomos), with the imperative imputation to contractors of especific duties destined to the promotion of existential and social values reached by the contractual relations. Accordingly, principles of objective good faith, the social function and the balance of provision flexibilize the covenants compulsory and protect socially relevant interests in contractual activities, even when the validity requisites of the underlying juridical relation are absent. Thus, the formal stringency of the theory of invalidities is surpassed, admitting the effectiveness of socially typical behaviors, as well as the progressive formation of contractual relations.

The theories of legal argumentation, globalization in the legal field and the consolidation of constitutional jurisdictions have promoted the progressive centrality of jurisprudence in our days, thanks to the leading role recognized in the judicial function. Jurisprudence, judicial precedents and legal doctrine are concepts that although they are closely related concepts, do not mean the same nor do they entail the same degree of connection for the judge. If we add to this the confusion that results from using concepts in the continental system to which we give the meaning it has in the Anglo-Saxon system, the situation of confusion increases. In this work we will pay special attention to the doctrine of the judicial precedent. The approach of civil law to common law, the distinction between precedent, jurisprudence and legal doctrine will be analyzed. The doctrine of precedents will be examined in various contexts such as in the Spanish Constitutional Court, in Mexico and in Brazil, paying special attention to the universality of precedents and mandatory precedents, which raises questions as to whether independence will not be invaded of the judge.

This work analyzes the criticism developed by ECLAC in the 1950s to the free trade between countries of varied degrees of industrialization, such as occurs between Latin American and European or North American countries. In particular, it addresses the theory created by Raúl Prebisch about the deterioration of the trade terms of trade in international commerce: the economic level in which Latin American countries were by then (and still are), the “underdevelopment” – as defined by the prevailing jargon at the time –, was not a stage of economic development, but rather a condition in which a country could not evade, unless adopting severe measures. Today, that criticism fell into oblivion, yet the problems that raised it still persist almost 70 years later. This paper contends that ECLAC’s theses were discredited because the proposals that were engendered to overcome said problems involved some form of obstacles to international commerce. However, the diagnosis of these problems is yet surprisingly current. The inductive method and bibliographic sources were employed.

Even amid a moment of non-Brazilian growth, we see the participation of transnationals in the global economy in considerable numbers. This study aims to present, in the context of the existence of a correlation between «economic development» and «sustainability», the case study of the factory installation of JAC Motors and its dilemmas, such as foreign direct investment. Justified this work for the need to build a proposed interaction of the constructs above that meets the Brazilian reality in the twenty-first century, given the volatility of foreign capital. The expected result is to analyze whether the transaction is or is not sustainable. The methodological approaches are: (i) case study; (ii) literature review; and (iii) obtaining secondary data.

The text seeks to demonstrate how Brazilian legislation has evolved along the way to allowing and making feasible settlements in collective issues. Moving away from a notion of an absolutely unavailable public right, Brazilian lawmaker has prioritized a consensual solution to disputes, even in the public and class sphere. This transition has been materialized, principally, by the undertaking of adjustment of conduct and public mediation. However, at this moment, it is important to set certain limits, so as not to lose sight of legal security and objective parameters to the settlements.

The primary purpose of this Article is to examine the roles of constitutional courts in contemporary democracies. It aims to demonstrate that such courts perform, in addition to the counter-majoritarian role traditionally recognized in constitutional theory, two other roles: representative and, occasionally, enlightened. In the construction of the argument, the essay analyzes the phenomena of the judicialization of politics and judicial activism, as well as the issue of the difficult demarcation of the border between law and politics in the complex and plural societies of today. Although it presents several examples of the constitutional experience of the United States, the Article’s conclusions are generalizable, looking at the roles of constitutional courts from the perspective of a global constitutionalism whose categories have become common practice in the democracies of the world.

In this year of 2018, celebrating the 50th anniversary of the Faculty of Law of Valença - RJ, the present essay proposes to promote a brief reflection on the future of legal education and legal professions, especially taking into account the unimaginable, achieved by technology and that are already affecting the field of both faculties of law, involving teachers and students as well as legal professions. For this, a descriptive and comparative methodology is used, based on the state of the art analysis of the so-called “disruptive technology” and its developments in the legal field, as well as the work of Vermeulem and McEntee on the reflexes on the northern legal education system-American.

The question of “the commodification of the humanbody”, and its subsequente treatment as asaleable commodity, has increasing lybrought the attention of there searchers from diferente fields (Sociology, Ethics, Nursey, Medical and Law) during last years. Onthispaper, the authors presentan overview about these challenges on the European Comunity (EU) - Brazil Law perspective. Irrespective of the ban on making the human body or its parts “a source of financial gain” is embodied in the main Constitutional 118legal systems. For instance: The Brazilian and the European aims of analysis. The research analyses some borderline questions where amalgamated policy options and publics morals on ethical grounds, are far from being resolved to other aspects such as the “transplant tourism” and therapeutic obstinacy and surrogate motherhood involving experimental therapies, on Brazil-EU perspectives.

The federal pact, inaugurated by the Brazilian Constitution of 1988, explicitly redistributed the political and financial autonomy to the entities of the Federation, formed by the union of States and Municipalities. The elected model, despite the purpose of promoting greater decentralization, ended up showing systemic inefficiencies, disclosed by the concentration of power in the hands of Union. In such context, the article aims to analyze the federalist models, presented from a historical perspective, highlighting the main dysfunctions of the current Democratic State of Law. In this sense, when observing the format of fiscal federalism, we see a centralization of power and resources by the Union, compromising the effective autonomy of peripheral entities.

The article discusses the contemporary city and, in the specific case, Rio de Janeiro as the main focus. The main theme here privilegied understands the city as sócioinstitucional community center that brings together political, economic and cultural interests, specifics, but not always treated with the right balance, especially political balance. In this sense, public affairs, syntheses of institutionalized living in urban areas of the city, is treated by authorities in a way that does not adequately meet the interests of the populalion as a whole in the specif case, and especially the most disavantaged social strata. Objectively, the work turns to consider the issue of social justice in Rio de Janeiro, trying to show that the collapse in the sector is a direct result of the absense of an efficient public policy associated with the neglect and social and cultural lack commitment to the poorest layers of the urban population.

The purpose of this scientific article is to present the new sucession law of the partner from the declaration of unconstitutionality of article 1790 of the Civil Code by the Supreme Court and to examine the solutions provided by the best doctrine for the sharing of assets in the special case of competition with the hybrid offspring of the deceased. In this case, since the law does not provide an express solution as to how to divide the heritage, it is necessary to analyze the various constitutional values, which radiate their normative force over the law branches, especially in the succession, be observed by the family, society and state, in order to solve the apparent gap.

The National Curricular Guidelines (DCN) of health courses emphasize the need for general education and promoting comprehensive health, emphasizing prevention, promotion and rehabilitation in accordance with the principles of the Unifi ed Health System (UHS). Immersion of medical students in the actual practice scenarios based on the teaching-research-extension helps to overcome the dichotomy between theory and practice. Th is study aims at describing the collective health discipline in practice settings. It was conducted an interview with members of the local health service for medical students in various scenarios in order to understand the perception of the population regarding the UHS. Th ey conducted 150 interviews after consent. As a result we found that 20% defi ned the UHS as a Health System or as a public health plan, 60% said it was a benefi t and 20% did not know how to defi ne. On the rise of UHS 100% no opinion. As for assistance before the emergence of UHS, 40% said it was through health insurance and Rural Fund and 60% no opinion. On assistance to the poorest 40% reported seeking the emergency room, 20% sought healers and 40% did not know. In the current evaluation, 20% considered very good, 40% good, 20% bad and 20% said it was glad for the experiences reported by others. 60% of respondents gave it a 10 to 8, 20% gave note 3 and 20% gave it a 0. To improve the UHS, 80% said they needed more money and professional, 20% no opinion. We conclude that little is known about the functioning of UHS having need to stimulate health education to guide as to its benefi ts and the need to charge enhancements managers. Th is experience helped the students realize the reality serving as learning and research, establishing concepts that could hardly a lecture.

El presente artículo procura afrontar a la luz del Código de Proceso Civil de 2015, las primeras miradas acerca del acto sentencial y su extensión interpretativa y aplicable en el ámbito de los Juizados Especiales Civiles, de modo que se pueda comprender la necesidad de una decisión fundamentada de forma analítica y adecuada en el ámbito de aquella Justicia Especial, caracterizada por actos informales y sumarios.