Na primeira leitura dos mais antigos escritos romanos, originários do período histórico, o vocábulo latino jus encontra-se precisamente delimitado: ele é evocado para se contrapor a fas (nefas). Essa contraposição não significa antítese entre o jus e o fas, entre a lex humana e a lex divina, pois o nexo cordinal entre o Direito e a Religião se põe de manifesto em todas as normas primitivas. Compreende-se o jus como direito profano e fas como direito sagrado. O fas é direito religioso, santo ou revelado e, por se fundar na vontade dos deuses, é imutável. O jus é de instituição humana, portanto, variável e sujeito a aperfeiçoamentos.

This work is part of the celebrations of the 70 years of the Universal Declaration of Human Rights. First, it describes the process of preparation and adoption of the Declaration and what it meant. After that, it analyzes the extent of the Declaration in International Law, its reception in domestic law, as well as the Two World Conferences on Human Rights. Then, this essay demonstrates the wide latitude of conventional obligations to the protection of Human Rights as a whole. Finally, this work concludes by unveiling the trends for the future of the International Protection of Human Rights

Analysis of the political-juridical role of the colonial municipality, highlighting the issues of historiographical interpretation, the power of local elites and inistitutional and legal organization. The diferences between the netropolitan and colonial municipalities, the concflicts between the chambers and other powerholders such as the Jesuits and the divisions within the oligarchies are also studied. The text concludes by na attempt to characterize the phases of greater or lesser municipal power throughout the colonial history.Abstract Analysis of the political-juridical role of the colonial municipality, highlighting the issues of historiographical interpretation, the power of local elites and inistitutional and legal organization. The diferences between the netropolitan and colonial municipalities, the concflicts between the chambers and other powerholders such as the Jesuits and the divisions within the oligarchies are also studied. The text concludes by na attempt to characterize the phases of greater or lesser municipal power throughout the colonial history. Resumo [Português] Análise do papel político-jurídico do município colonial, sublinhando as questões da interpretação historiográfica, do poder das elites locais e de sua organização institucional e jurídica. Estudam-se também as diferenças entre o modelo metropolitano e o colonial, os conflitos entre as câmaras e outros detentores de poder, como os jesuítas e as cisões nas oligarquias. Conclui-se por uma tentativa de caracterizar as fases de maior ou menor expressão do poder municipal no transcurso da história colonial.

Medical error is the professional behavior considered inadequate, due to a putative technical non-observance which leads to damage to either life or health, and is characterized by ineptitude, recklessness and negligence from the Medicine Professional. Although it is not entirely new, there has been noted an increase of the medical error implications in the last decades of the XXth century, multiply particularly due to the increase of public knowledge through the media and related law processes. Thus, Medicine and Law relate to the theme for its relevance in the Medical Doctor’s life, as an active agent, and in the Law professional is life, who studies the legal implications. Because of their central position, discussions on the subject gain importance in the undergraduate teaching of both areas. However, it has been shown that, particularly in the Health Area curricula, the theme has not received due attention. Hence, the present work aims to suggest a summary for a curriculum subject, which would be named: Patients’ rights: hermeneutics in the health professional teaching. The product was elaborated starting from a bibliographical survey and it is suggested that it is used as a one-semester subject. It is hoped that this work will contribute as a didactic tool in the formation of better qualified and informed professionals, resulting in a more adequate professional and ethical conduct.

This article presents a brief introduction on the specificity of the science of Law in relation to the other applied social sciences, translated in the very discussion about the concept, the scientificity, as well as some of the points about its methods and methodologies. Based mainly on Ferraz Junior’s thesis of Law as a decidability’s theory, it seeks to provoke in the reader the questioning about his own comprehension of the legal phenomenon and the scientific possibilities of understanding it.

The present article examines the conditions of the action, based on the Code of civil procedure of 2015, and the repercussion of its changes to the criminal proceedings. Criminal law.

One of the themes which that has been gainning the attention among scholars, is the question of automony and the isonomy of people with disabilities, as a condition for their dignity. The reason for this interest came about during an International Convention on the Rights of the person with disability and its optional protocal, signed in New York, on March 30th, 2007, and which were incorpotated into the Catalog of our fundamental Rights, through the legislative decree, number 186/2008, which has approved these texts, in the manner of article 5, paragraph 3, of the Constitution. Thus, this chapter is devoted to the subject mentioned above and it has been divided into four parts: - the first, is aimed towards examining the legal protection of the dignity of the disabled person provided by the Original Constituent Power; - the second, for consideration of the rights to isonomy and autonomy contained in the International Convention on the Rights of Persons with Disabilities; - the third, referring to this same subject, however, within the scope of the Statute of the Person with Disabilities, with a specific focus on Article 4 of this Law; - the fourth devoted to the implementation mechanisms of the International Convention on the Rights of Persons with Disabilities and its Optional Protocol. This point, therefore, lies the objective of this work, which is to ponder on a contribution that could happen if an International Constitutional Court were established, serving as upgrad for human rights and, in this case, even as a protective tool for the disabled person . This is a theoretical research, with a documentary survey. For this purpose, the dialectical, historical, inductive, and jurisprudence methods were employed.

The main purpose of this work is to provide an alternative for the construction of a proposal for Human Rights and a minimum content of human dignity that is committed to overcoming the classic debate based on the dichotomy between universalism and particularism. In this sense, the theoretical key used is present in the work of Spanish professor Joaquin Herrera Flores. In parallel with Antonio Negri, we offer the results of this Human Rights perspective as a theoretical source strong enough to contribute to the construction of a strengthened “Antipower” capable of effectively confronting the complex system called Power described by an Italian philosopher. In order to reach our two main objectives, we adopted bibliographical and quantitative research, embracing a descriptive and analytical approach as methodology for this work.

This essay aims to explore the pursuit of the truth as one of the main goals of legal proceedings, based on Michele Taruffo’s conception. Thus, an interesting approach is to recognize that procedures of facts verification should be guided by fundamental epistemological notions to establish the best way to approach the truth. In this context, it is possible to conclude that the proof legal standards will only be capable to fulfill its role to determinate if it’s possible to consider the main facts as proved if established by objective and rational means, as argued by Larry Laudan. Taruffo’s conceptions about the truth in the process and Laudan’s view about the objectivity of the standards contribute to the awaited rationalization of judicial decisions.

This study propose a new reading about the extent of human rights protection from the national and global systems. The issue of whether there is sufficient normative latitude in the Constitution to respond to the challenges presented by the post-modern rule of law. In fact, in the present context of human right protection, this study aims at comparing two great perspectives presented to post-modern constitutionalism, namely, the Pax Americana unilateral project and the epistemological project known as metaconstitucionalism. In the epistemic-conceptual line, the human rights regime gains universal relevance insofar as the normative force of Kantian cosmopolitan law does not derive from norms made internally by sovereign states, but rather seeks its normative source in the cosmopolitan metaconstitutional norms.

The present paper aims to analyze the budgetary and tributary relevance of fees, as a species of tax, towards the brazilian legal system. In order to do so, the argumentative expedient of the study hereby proposed, at first, exposes objective analysis of the tributary fees in the normative context of the Republican Charter of 1988, especially the tax distinctions and species of rates, considering the taxable event hypotheses. Then, through a critical analysis of the brazilian legal doctrine, the paper discusses the possible effects of certain constitutional principles that validate this tax species. Finally, the article discusses the prosecution of tributary fees by the Brazilian Public Prosecutor’s Office, considering the relate tax obligation in view of individual taxpayer rights, as well as individual homogeneous rights, towards Brazilian jurisprudence and legal doctrine.

In the current private law scene, crowned by principles such as human dignity and good faith in all of their manifestations, this essay sustains that the gratuitous bail tenant contract has no legitimacy. In current times, the bail tenant contract is similar to a Damocles’ sword, hovering over the bailer’s head, who displays a fundamentally naïve and inexperienced behavior when he offers his personal patrimony, including his homestead, in guarantee of someone else’s debt, with no benefits for himself, in the name of friendship, generosity or both. Notwithstanding, the bailer is handled by the legal system with much more rigor than the debtor is, what contradicts the very core of the gratuitous bail contract

This paper intends to use reflections mainly related to modernity and to the legal positivism to introduce questions on the relationship between politics and law, especially on international courts and tribunals. The international power structure based on coordination, when opposed to its subordination shape internally observed, requires the analysis of law under the perspective of its effectiveness - both as to indicate the applicable law and as to grant effectiveness itself. Could politics and law cooperate by ensuring normativity in international law? From selected theoretical instruments, it is sought, deductively, to set parameters for the questioning to inductively find proposals that intend to help the debate without exhausting the subject.

The problems raised in the scope of the System of Guarantee of Children and Adolescents are crossed by the different legal and social conceptions on the care of children and adolescents in conflict with the law. What is presented is a theoretical description on the fundamental aspects that have guided the functioning of the System of Guarantee of Rights of Brazilian Children and Adolescents, highlighting some aspects of the social reality that crosses most of the adolescents who violate the law, to point out some points of discussion and reflection. The objective is to provide epistemological foundation in the construction of scientific knowledge from the historical, sociological, juridical, psychological and human conception, in a wide and possible way, due to judicial decisions, in several instances and courts where the doctrine of protection is adopted by the Statute of the Child and Adolescent (Article 1 of Law No. 8,069 of July 13, 1990), but which affect children and adolescents, as well as imprinting marks and sequels on their development. In the end, it is verified the use of the doctrine of integral protection by factors that disregard the development and the need of being in a peculiar developmental condition.

This text discusses the initiative of the current government of the People’s Republic of China to reinvigorate the ancient Silk Road. It is a high-reach policy not only commercial but, above all, politico-strategic, since once it has been realized, will allow China to expand its economic and political influence on all continents and, in fact, to create a sinocentric international trading system.

Heidegger’s philosophical hermeneutics takes on a transformative bias. Hence the need to understand the theorems of ontological difference and the hermeneutic circle from being-in-the-world. It is in this sense that, given the striking ineffectiveness of classical hermeneutics, methodological in your origin, it is necessary to construct a theoretical strength that point to the construction of the conditions of possibility of understanding the sense, as a way of being-in-the-world.