Poder e justiça no Maranhão colonial da magistratura monocrática ao tribunal da relação |
Author : Arno Wehling, Maria José Wehling |
Abstract | Full Text |
Abstract :The study analyses how a new institutional element was introduced into the colonial state structure: the Maranhão Court of Appeal in 1811. We know how old problems persisted in Maranhão’sjustice, such as the strength of local elites and corruption of some judges. The new body aim to apply the centralization policy guided since Rio de Janeiro by the Portuguese Court, subordinating distant counties to not only judicial but also political and administrative guidance from the government of D. João. |
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Transferência de biotecnologia |
Author : André C. R. Fontes |
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Abstract :This article deals with Biotechnology transfer in comparison to general technology transfer as well as it discusses the acknowledgement of the rule of obligations in kind and in result for contracts which purpose is cession of technology. |
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A governança global em tempos de estatalidade pós-coronavírus |
Author : Guilherme Sandoval Góes, Cleyson de Moraes Mello |
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Abstract :The present academic work intends to analyze the global governance system that will emerge in the post-coronavirus era. Its epistemological basis is the investigation of two major trends that are already present in the scientific horizon, namely: the resumption of neoliberal global governance governed by a unipolar world order and the implantation of a new cosmopolitan global governance ruled by a multipolar geopolitical order. |
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Juegos de azar y casinos: la experiencia española y una sugerencia de debate doctrinal para Brasil |
Author : José Eugenio Soriano García, Cláudia Ribeiro Pereira Nunes |
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Abstract :The traditional approach to the Spanish gambling regulation has fallen traditionally whitin the scope of the two Codes: theCivil Code, which set up their limits, and the Penal Code, which defines the prohibited practices. But the modern approach to gambling and games of chance regulation is done from the Public Law, and in particular, the Administrative Law on the grounds of the public intervention on recreational practices linked with leisure and tourism. The general objective of this paper, which results from the joint analysis of scholars from Brazil (UVA) and Spain (UCM), is focused in gambling and casinos. Particularly, it analyses in short the Spanish experience, in order to allow a comparative study that can be useful to foster further doctrinal debates. |
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L´humanisation du droit international:la personne humaine en tant que sujet du droit des gens |
Author : Antônio Augusto Cançado Trindade |
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Abstract :The individual is subject jure suoof international law, as sustained along the centuries by the most lucid legal doctrine, as from the writings of the renowned “founding fathers”of our discipline. Theconsiderable importance attributed to the human person in the framework of the law of nationsby the famous “founding fathers”of the discipline should not be forgotten in our epoch. The subsequent submission of the individual to the “will” of the State has never appeared convincing, and was promptly challenged by the most lucid legal doctrine. In our epoch, the individual is recognized -and quite clearly in Greek jusinternationalist doctrine -as subject of domestic as well as international law. Theinternational subjectivity of the human being has emerged with vigour in the legal science of the XXth century, as a reaction of the universal juridical conscience against the successive atrocities committed against the human kind. Thedirect access of the individual to the international jurisdiction is thus entirely justified so as to defend hisrights, even against his own State. Theconsolidation of the international legal personality of individuals enhances pari passuresponsibility in international law for the abuses perpetrated against human beings. At this beginning of the XXIth century, this very important advance can be appreciated in the framework of the historical process in course of the humanizationof international law. |
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As Aporias do Mundo VUCA e a Educação |
Author : Cleyson de Moraes Mello, José Rogério Moura de Almeida Neto, Regina Pentagna Petrillo |
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Abstract :This article analyzes the major transformations in the area of education and their impacts on the technological revolution. |
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O poder familiar e a morte digna dos filhos: breves reflexões sobre o caso Charles Gard |
Author : Heloisa Helena Barboza |
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Abstract :O artigo analisa o caso Charles Gard, com o objetivo de promover reflexões sobre os limites da atuação dos pais no exercício do poder familiar, no que tange à pessoa do filho, quando está em jogo a vida deste. A partir dos dados e fundamentos constantes dadecisão proferida pela 1ª Seção da Corte Europeia de Direitos Humanos, tomada em 28 de junho de 2017, no pedido nº 39793/17 –GardandOthers x The United KingdomDecision, será examinado o caso objeto do julgamento à luz do entendimento médico, bioético e jurídico adotado no Brasil. Não se trata de um estudo de direito comparado, mas de uma breve apreciação do caso, que se reveste de grande complexidade, sob os aspectos indicados, naquilo que apresenta de mais relevante para a busca de possível solução de casos similares no Brasil. |
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A repartição constitucional de competências federativas em matéria de saúde em tempos de covid-19: cada um por si e todos contra o vírus |
Author : Heron Abdon Souza |
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Abstract :The Constitution of 1988 establishes a division of competences in health matters among the federated entities that guided the edition of federal, state and municipal normative acts in facing the effects of the different shades of the crisis caused by the pandemic of the new coronavirus (SARS-CoV-2). This article seeks to analyze the diversity of this legal framework and its impact on society and the Judiciary. |
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Habermas e Honneth: leitores de Mead |
Author : Maria Eugenia Bunchaft |
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Abstract :Mead was an American pragmatist philosopher who developed a line of thought called symbolic interactionism.To the social psychologist there can only be a sense of the self if there is a corresponding sense of "us." Meads theory is central to Habermas (2002 , 2012) and Honneth, it does not resort to methodological individualism , explaining social phenomena and social behavior in an intersubjective perspective. It is argued that the fundamental concern of Habermas, in rereading the social psychology of Mead, focuses on the development of the self to reach a level of post-conventionality. Concern Honneth, to redeem Mead, binds to the contexts of moral vulnerability, ie the possibility to avoid the damage that the self may suffer in the formation of personal identity. It is argued, finally, that a reinterpretation of the social psychology of Mead based on the normative paradigm of self-realization has no theoretical resources with the potential to assess contemporary injustices and meet the challenges posedby the new social movements, since the expansion of the dimensions of recognition does not may rely on a defense of moral psychology of suffering. Search is therefore present a dialogue between Habermas and Honneth on the social psychology of Mead. |
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As Lacunas e seus Respectivos Mecanismos Supletivos |
Author : Reis Friede |
Abstract | Full Text |
Abstract :The legal order has constituted itself as a system of legal standards, which makes us infer that these standards are not singly arranged, but relating to each other, forging a systemprovided with the attributesof unity, coherenceand completeness. The term completeness, according to BOBBIO, "is understood as the quality of the legal order that has a rule for each case". On the other hand, the lack of a rule is traditionally called gap, a problem that, according to the current Law of Introduction to the Norms of Brazilian Law (Lei de IntroduçãoàsNormas do DireitoBrasileiro -LINDB), has to be solved through one of the supplementary mechanisms: analogy, customand the general principles of Law. |
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