Mulheres e Encarceramento: evolução normativa para além da maternidade |
Author : Ana Lúcia Tavares Ferreira |
Abstract | Full Text |
Abstract :This paper aims to discuss about the normative evolution of the rights of incarcerated women, concerning the difference between the tendency to a more comprehensive approach in the international law and a more restrictive evolution in Brazilian law, which is mostly limited to the protection of rights related to motherhood issues. It also points to the necessity of investigations and studies to develop reforms in the criminal policy according to a gender perspective. |
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L’humanité comme sujet du droit international: nouvelles réfléctions |
Author : Antônio Augusto Cançado Trindade |
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Abstract :Humankind as such has emerged as a subject of International Law, coexisting with other subjects without replacing them. The principle of humanity permeates the whole corpus juris of International Law. This has been acknowledged in the case-law of the ad hoc International Criminal Tribunals for the Former Yugoslavia and for Rwanda, singling out the feeling of humaneness, evidenced even when humanity itself is victimized by international crimes. On their part, the Inter-American and European Courts of Human Rights have asserted in their case-law the fundamental principles of the dignity of the human person and of the inalienability of the rights inherent to her. When one comes to the expansion of international legal personality, one bears in mind humankind, encompassing all the members of the human species as a whole, comprising, in a temporal dimension, present as well as future generations. Humankind has already been marking presence in the more lucid international legal doctrine, in the ambit of the new jus gentiumof our times. |
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As prisões brasileiras e a condição humana do encarcerado |
Author : Reis Friede |
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Abstract :Advances in the promotion of human rights have been verified in Brazil, which is of essential relevance for the production and maintenance of a democracy that perpetuates itself in that country. However, the World Report on Human Rights, in its edition of 2014 up to this year, prepared by the NGO Human Rights Watch, as well as the other documents providing data regarding the prison situation, which includes the perspective of the prisoners. The National Justice Council’s (CNJ) Missions2 have consistently reported the many challenges it faces and that it will need to address them, such as police violence, the use of torture and overcrowding of prisons. Thus, this work has, in its core of discussion, the Brazilian prison issue, notably, the conditions of life in prisons, caused by the way the state sees it and garner attention, in partnership with the pillar of resocialization. |
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Historia de la migración transcultural y transnacional de la estrella de ocho puntas |
Author : Alena Kárpava, Egor Bagrín |
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Abstract :The research of the eight-pointed star usually is reduced to ornamental symbology. There are many riddles to solve around its meaning, its imprint on Christianity and paganism, its presence in Western heraldry. We analized it as a migratory element that accompanies humanity in its journey through the world, confirming the closeness of cultures in their diversity. Its analogy in different cultures, in principle devoid of direct contact, can be analyzed from the theory of the psychic unity of humanity of Bastian, the collective unconscious and archetypes of Jung, functional unity, defended by Propp, unity of tradition and the connected wisdom of world cultures. Our focus goes beyond discovering its presence in the cultures of Europe, Asia (Central and Middle), America (Central and South), Australia, New Zealand, Southeast and South China, Siberia, Africa. |
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Agravo interno: reflexões sobre sua nova dimensão na dinâmica dos precedentes judiciais |
Author : Alexandre de Castro Catharina |
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Abstract :The 2015 Code of Civil Procedure regulated in detail the appeal of internal grievance, expanding the scope of action of this appeal within the scope of higher courts. The extension of the normative treatment of this resource, in this sense, has as its main scope to ensure full control of the application of the system of judicial precedents, from a perspective, and to avoid arbitrary or unfounded monocratic decisions that violate the integrity and integrity of the legal system, in another perspective. In this line of analysis, the article aims to critically reflect on some normative aspects of the internal injury and its new dimension within the courts with emphasis on the implications arising from its application in the Brazilian judicial praxis. |
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Apontamentos sobre a tutela jurídica dos migrantes venezuelanos no Brasil |
Author : Ana Paula Teixeira Delgado |
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Abstract :In the contemporary world, the issue of forced migration, while not new, is a serious problem for many states and for those who participate in these flows, who are often deprived of the exercise of rights and assimilation into the political community of the state. receptor. This article aims to analyze the legal aspects of Venezuelan migration in Brazil, after the worsening political-economic crisis in the country. The methodology employed was deductive, using bibliographic research, documentary and empirical expositions. Although the 1951 Convention inaugurated a phase of building international legal protection for refugees, it does not provide answers to current problems that lead individuals to flee their countries, such as widespread violence and the total lack of conditions in some states. in providing dignity to his people. This is the case of Venezuelans, who migrated to Brazil after 2014, due to the severe crisis that is going through the country. Following the traditional legal definition of the Convention, the National Refugee Committee in Brazil did not recognize them as such, which deprived them of institutionalized legal protection. It is believed that each new approach to the dynamics of forced migration will broaden the understanding parameters of the challenges brought by this theme, which calls for more than rhetorical figures. |
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O pandectismo, direito subjetivo e interesse legítimo |
Author : André R. C. Fontes |
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Abstract :The article concerns the building of subjective law by German pandectism, by the formation of lawful interest in Italy and its incorporation in Brasilian law. |
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A liberdade de expressão, o direito ao esquecimento e a proteção da intimidade: uma análise jurídica dos conflitos na era digital |
Author : Diogo Oliveira Muniz Caldas |
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Abstract :This article will deal with the correlation between some of the fundamental rights found in the constitutional order and the digital tools used to exchange and send information. In addition, it will be demonstrated how changes and normative creations discipline the possible abuse by users, by using the exercise of freedom of expression as justification to injure the right of privacy that third parties possess. |
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O neoconstitucionalismo na era do geodireito |
Author : Guilherme Sandoval Góes |
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Abstract :The current article aims to analyze how the connection between geopolitics and law can assure the effectiveness of Constitutional Text and the applicable infraconstitutional legislation. |
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Um olhar sobre a formação do Direito Civil no Brasil |
Author : Edna Raquel Hogemann |
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Abstract :The history of the construction of Civil Law in Brazil reflects in much the type of colonization received since the Portuguese navigator uttered the phrase that remained in history, as a milestone for all time: “Earth in sight”. The objective of this essay is to make explicit, albeit superficially, the paths covered by civilian norms in Brazil, from the discovery, passing through the imperial period to the present day, demarcating this institutionalized process under the responsibility of the State, starting from the analysis of Ordinances, to the late advent of the first Civil Code as a reproduction of the Brazilian latifundia of the time, of a patrimonialist nature, until the conquest of the Democratic State of Law, with the advent of the new Civil Code in 2002, which departs partially from patrimonial tradition of civil law and already reveals the tendencies of repersonalization. Thus, making use of the dialectical-historical method, it is sought to demarcate the extent to which these initiatives were part of an effectively democratic process and to what extent served merely as an instrument of social control and reproduction, imposed by the current Law. |
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A necessária reformulação do procedimento arbitral nos juizados especiais cíveis |
Author : Felippe Borring Rocha |
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Abstract :Initially, the objective of this paper is to analyze the context of the insertion of the arbitration procedure in the Small Claims Courts Act (Act 7.244/1984) and later on in the Special Pleas Courts Act (Act 9999/1995), to identify its basic characteristics, in the light of the original text of the Civil Procedure Code of 1973. Then the research focus on the differences between the arbitration procedure provided in articles 24 to 26 of the Special Pleas Courts Act and the arbitration model introduced in the Brazilian legal system by the Arbitration Act (Act 9,307/1996). Complementing the analysis, the text seeks to delineate the functioning of the arbitration procedure provided for in the Special Pleas Courts Act, from a theoretical and practical perspective. Finally, the study proposes to re-adjust the role of arbitration in the structure of the Special Pleas Courts, trhough the lens of the arbitration model of the Arbitration Act. |
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Evolução do sistema eleitoral e dos partidos políticos no Brasil |
Author : Horácio Monteschio |
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Abstract :This paper aims to present a summary involving the electoral system in Brazil, with its implicit and explicit casuisms that somehow end up compromising the real intention of the voters and, consequently, their representativeness. However, the practice of acts that tarnished the first elections in Brazil has a relevant factor to improve the system and institutions. In the same sense, the political associations in Brazil, denominated political parties, followed the same path involving the electoral system, serving as an amalgam to legitimize the political majority of the time to the detriment of voters. Finally, no electoral political system is immune to defect and is deserving improvements, which is why young and exuberant Brazilian democracy is developing. |
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