Editorial text.

With this paper, the author gives an overview of European Union law on cross-border insolvency: starting from the well known principles of territoriality and universality, she explains the choice of the European legislator to adopt the principle of “coordinated universality” both in Regulation (EC) n. 1346/2000 and in its subsequent recasting, i.e. in Regulation (EU) n. 848/21015. The author then examines the most important decisions made by the EU Court of Justice, which influenced the drafting of Regulation (EU) no. 848/2015, currently in force.

The purpose of this study is to analyze the possibilities for the implementation of Restorative Justice in Chile, through juvenile criminal mediation. The issue is considered important and current because of the challenges and perspectives based on the criminal abolitionism of critical criminology by Hulsman and Nils Christie. In this context, it is questioned: what are the advances and the challenges for the implementation of Restorative Justice to face before the social and legal culture of Chile? In conclusive terms, regarding Chilean youth legislation, this needs to be reviewed and revisited, since the lack of specialization of judges and prosecutors, as well as the punitive paradigm with respect to adolescents, make it difficult to connect and design institutional implementation and implementation of Restorative Justice practices in the country through a public policy. In methodological matters, dialectical materialism is used as a method of approach and as documentary and bibliographical research technique.

The purpose is to analyze some machiavellian contributions to think about the emergence of the good laws and political institutions from the conflict. For Machiavelli, a well-ordered political community is one in which good laws (produced with broad participation) govern. In the text a critical analysis of part of the work of the philosopher (Discourses on the first decade of Livy and History of Florence) will be made, in order to integrate textual elements with analyzes of commentators. With this, it will be examined that Machiavelli was an advocate of a government ruled by laws established after a participatory and conflicting process. It will first be examined that the conflict, for Machiavelli, is an ontological mark of politics, that is, it can not be extirpated, which is why cities should order them, so that they do not generate destructive effects. Then it will be exposed that in a well-ordered city, conflicts create a conducive environment for good laws and ordinations to be consolidated.

The present work aims to understand, from an integrated reading between law and religion, using the deductive method, instrumentalized by the theoretical and historical-theological approach of religious texts, the ways in which theological traditions based on the Bible and the Qur’an see and face the acts considered as prejudicial against the idea, the person and the authority of the divinities enthroned in them. In this sense, it presents the theoretical frameworks for the proposed enterprise, which use the specificity of the categories developed within the science of religions, taking the religious phenomenon by its own religious and specific aspects, and then to evidence and analyze the conducts considered by affronts in such sacred books, seeking to theologically understand their juridicity

This article intends to recover the main elements of an investigation on the institutional treatment of religious intolerance, especially for what is done in police stations, through analysis of police reports produced in those contexts. When situating the problem, hypothesis, bibliographic review, and methodology of the referred research, the article demonstrates the importance of the empirical and interdisciplinary approach of the right and religion interface both for scientific development and for the possibility of institutional improvement, according to a perspective attentive to the reality of the actors, dynamics, and institutions, in which the effectiveness of rights and guarantees is particularly probed.

The current view of the popular sovereignty concept breaks with a theoretical position conceived mainly in the 19th century based on the ideas of liberalism. Are we facing a theoretical-systematic reduction of popular sovereignty and its nature? The research is linked to the fact that the ideas contained in popular sovereignty were precisely invented in order to increase loyalty to an inclusive, participatory policy, which meets the wishes of its population. The article goes into this field and examines the definition of “imposed constitutionalism” and “imposed constitution” that has marked the creation of constitutions in contemporary times from a perspective of semantic meanings construction. Thus, it is identified that all constitutions are considered imposed: externally; under external influence; internally, being subdivided into generational, majority, elitist and jurisdictional; and imposed with consent (heteronomes), subdivided into constitutions amended by an external actor, awarded by an external actor and interpreted by an external actor. We conclude that popular sovereignty exists to provide powerful rhetoric for desirable domestic and global normative principles. It was found that every constitution has, in a certain way, an imposing trait and, in this sense, there is a need to elucidate the following structural elements: what factors should weigh in this imposition; the degrees of this imposition - extension; and how it will be materialized in the rules of the game. Thus, it can be said that the concept of popular sovereignty suffers from questions that lead us to investigate its future.

This paper aimed to analyze the impacts of developmentalism in Latin America and the possible legal-political responses arising from the search for the effectiveness of socio-environmental rights and the idea of “buen vivir” coming from Latin American Constitutionalism. To achieve this purpose, the text is developed based on three specific objectives: a) to present generically the environmental problems arising from human activities, in particular, those related to the developmentalist idea; b) highlight the losses of this logic for Latin America, and c) bring reflections on the possible contributions regarding the recognition and realization of socioenvironmental rights and regarding the “buen vivir”, as a parameter to guide the relations between nature and societies. The method used is the dialectic, seeking to treat the theme by the triad thesis-antithesissynthesis, in order to bring a criticism to the situation addressed and shedding light on new possibilities of overcoming. In conclusion, there are contributions on the needs to create new legal-political models that can collaborate in the construction of alternatives in view of the environmental problems observed in today’s society.

Article 282 of the Italian code of civil procedure was amended by law no. 353/90, providing that judgements given at first instance are provisionally enforceable. This constituted a change in respect to the previous discipline, under which it was up to the judge to allow the enforceability. The amendment of article 282 of the code of civil procedure did not take position on the debate regarding the “objective extension” of such enforceability, being strongly discussed whether it pertains only to condemnation judgments or to constitutive or ascertainment judgements as well. Law no. 353/90 amended also article 283 of the code of civil procedure, which provides the requisites to grant the stay of the enforceability or of the enforcement proceedings and which was subsequently further amended in 2005.

In times of violent looks at the real, the aesthetic look of affect is presented as an alternative to public security policies for Rio de Janeiro. It is a technique that pretends to change the perception of what is communicated as violence, considering that the city is structured under a circular communication dynamic that projects labeled images perceived as violence. This communicative interdependence pattern is responsible for establishing a permanent flow of manifestations of violence between hill (slum) and asphalt. A perception modulated by the media and the state in form of spectacle through the discourse of fear and risk, and assimilated by society that starts to demand more protection and security, legitimizing measures of containment and control, responsible for feeding back this circularity of violence and the division of the city, between spaces of inclusion and other marginalized. Photography is the medium of this technique that “makes you see”, “turns see into look” and “makes you act on”, and the affect is the lenses. A possibility of reterritorialization through affect to reconfigure the image of the city and its relations based on Spinozian conception of affect. A research that has Maurice Merleau-Ponty as the methodological reference to investigate the potency of the perceptual experience as the medium of this other look at violence, a look that ends up reflecting on the world of law.

The lack of norms that parameterize a certain social phenomenon is usually associated with the concept of gap. Although this expression evokes a usual meaning - the lack of regulation - it should not be confused with the existence of a legal gap - or lack of legal solution - since the order itself already offers means of integration for the absence of specific standards. In situations of comprehensive need, LARENZ understands that there are regulatory gaps. Of course, regulatory gaps are a problem that positivism alone cannot solve. In this paper, under the popperian methodological premises, we investigated the use of Comparative Law as an integrative tool for regulatory gaps. The management of Comparative Law has been widely applied not only as an integrative tool for regulatory gaps, but also as a dialogical means to be managed independently and / or complementarily.

The article proposes a critical analysis of the category subject of law, of the meanings, assumptions and uses given to it by the hegemonic legal theories and practices. It investigates the contradictions, limits and role of these theories and practices in producing legal incapacities and marginalization. Attention is drawn to the close relationship between legal capacities and economic, social, and political capacities, demonstrating how poverty, economic inequality, gender, race, and sexuality are historical and present conditions of legal incapacity. The analysis uses multiple critical traditions, from Marxism to queer studies, from feminisms to racial studies, bringing together different perspectives to reflect on the role of Law in the production and removal of capacities, in the inclusion and marginalization of concrete subjects.

The Na is a national minority in southern China of around 30,000 people. Their matrimonial customs are a case of legal pluralism. They are matrilineal, which should not be confused with a matriarchal system that never existed. On the contrary, the dominant Chinese ethnicity, the Han, are patriarchal. They never understood the Na system, especially the stealthy visits, which they equated to prostitution. A tragic cultural misunderstanding about the concept of family. The Chinese central government, especially during the Cultural Revolution, has tried several times to destroy the customs of the Na, but never fully succeeded.

The principle of due process is analyzed by the doctrine in two different dimensions: procedural that imposes that the protection of fundamental goods (life, liberty and property) is carried out by means of legal and orderly processes; and the substantial (or material) that comes military in the protection of these same goods, but in the field of the elaboration and application of the norms that regulate them. In the analysis of its effectiveness on private relations, the weak model of indirect effectiveness of the fundamental rights to private relations is adopted, since it is understood that it is what gives the most adequate treatment the maintenance of the epistemological autonomy of private law. That is because it can reconcile the best of both worlds, that is, the effectiveness and effectiveness of fundamental rights, without harming the historically constructed specificities of the private law system. Among the hypotheses that the due process apply in private relations are the private processes and the contracts.

This paper aims to describe a causal relationship between the vulnerability of the elderly in Brazil and the massive adherence to the judicial agreement on inflationary purges formalized in 2017. Proponents of lawsuits to replace inflationary purges from the economic plans of the 1980s and 90 aged. The aging of Brazilians brings with it, with few exceptions, impoverishment (due to the vulnerability of employment and income inherent to age, even with efforts to expand social security benefits and benefits) and indebtedness (mainly by means of payroll-deductible loans). The big Brazilian banks acted actively to postpone the judgment of the lawsuits, making the final decision of the Supreme Court not happen until today (2021). In 2017, however, the banks’ strategy was revised. At that time, a definitive decision against the banks was likely to be judged soon. In addition, the agreement on inflationary purges in Brazil coincided with the end of the period of economic recession 2014-2016, a period in which there was an excess of resources for banks, resulting from the macroeconomic context itself. This text builds its objective through the inductive method, from the investigation of three fronts:the agreement proposed to savers and its additive term, the context of the celebration, and the data on indebtedness and default (especially from the Central Bank of Brazil and the Confederation Of Commerce). We conclude that the convergence of savers’ aging, their impoverishment and their indebtedness, on the one hand, and the excessive resources of banks associated with the risk of a more serious decision, on the other, created the opportunity to settle the obligations of banks with remarkable losses for former savers.

This article aims to study the relationship between e-governance, e-government and e-democracy, placing the main focus on the possibilities of (de)democratization of the society for which the adoption of such systems is intended. Methodologically, its procedure method is hypothetical-deductive, with qualitative approach, and literature review research technique. Its hypothesis puts that although e-government could make Public Administration more effective, there are cultural, economic, technological and political facts that must be weighed in a complex and transdisciplinary way, when elaborating the regulation of the use of new technologies in electronic government. As its results, it should be indicated that: i) E-governance is the modernization responsive to the development of ICTs, corresponding to the attempt to reconstruct more individualized and less bureaucratic government procedures based on citizen data collected by ubiquitous techniques; ii) E-government is the use of e-governance to make government more efficient — although it appears to be focused on the well-being of citizens, it also comprises companies and agencies. However, several contextual issues must be observed to evaluate its implementation, as it is not just a matter of computerizing the Administration: it is a real transformation in the conception of government and its relations in cultural, economic and technologically favorable contexts; iii) E-democracy is more than the creation of popular electronic decisionmaking instruments, as a democracy needs a strengthened civil society, direct participatory means, legal instruments for expansion, knowledge-based socialization and a new viable agreement on sustainability.

This paper discuss the consumerist relation of lapidated diamonds with regard to the provision of complete and necessary information about the nature of the product: natural, improved, artificial or imitation. It will be demonstrated the difficulty of obtaining information through analyzes of six inorganic gemstones samples obtained by the Fourier Transform Infrared Spectroscopy (FTIR) method, by the Nicolet 6700 Spectrometer (Thermo Electron Corporation), proving the complexity of this consumer relation by requiring technological equipment that is normally accessible to large laboratories, universities and researchers of great practical training and specialized technical knowledge. In this context, the fragility of the consumer is evident due to the essential need for information, demonstrating that is necessary by the application of technologies with greater degree of sophistication to satisfy the informational gaps.

This paper analyzes the consequences of the importation of the French référé institute into the formation of our system of stabilization of provisional guardianship (article 303 to 304 of CPC/2015). Using bibliographical research as a methodological option, it is based on the study of the French référé, whose cultural evolution led to a procedural behavior of definitive acceptance of the provisional tutelages. Then, after studying the influence of the référé in the conception of the institute of stabilization of tutelage in our country, we face the incongruities of the legislator and doctrinal divergences arising from the attempt to import a culturally different system from ours, in order to answer the interpretation to be adopted, which can at the same time approach the French référé institute and meet our procedural system.