Hermenêutica |
Author : Cleyson de Moraes Mello |
Abstract | Full Text |
Abstract :This article deals with classical and contemporary hermeneutics from the introduction to the study of law. |
|
O valor do Consentimento como autorregulação: notas iniciais sobre o consentimento informado na gestação de substituição |
Author : Carolina Altoé Velasco |
Abstract | Full Text |
Abstract :The article deals with the value of informed consent in the gestation of substitution. |
|
Responsabilidade pela Distanásia na Saúde Privada |
Author : Célia Barbosa Abreu, Heloisa Helena Barboza |
Abstract | Full Text |
Abstract :The research aims to denounce the practice of dysthanasia in the private health system, in a structure in which the purpose of profit supplants considerations on the damage caused to the patient and their relatives. It is believed to contribute to the formation of a critical mass about it, so the question comes to the attention of state and society. For this is used dialectical and inductive method, to discuss the existing arguments. |
|
As Cooperativas de Trabalho e as Parcerias Público-Privadas: um Estudo Comparativo das Diferenças e Similitudes entre a Organização Social, a Organização da Sociedade Civil de Interesse Público e a Cooperativa de Trabalho |
Author : Manoel Messias Peixinho |
Abstract | Full Text |
Abstract :The intention of the article is to analyze and develop a study comparative between social organizations, civil society organizations of public interest and labor cooperatives. The goal is to highlight advantages that can arise from partnerships that engage three legal entities with the State. Furthermore, it is known that these entities integrate the third sector from the privatization process. |
|
Combien coûtent les démocraties modernes? Le financement politique par des entreprises au Brésil, en France et aux États-Unis |
Author : João Eduardo de Alves Pereira, Carolina Loureiro de Alves Pereira |
Abstract | Full Text |
Abstract :Ce travail dresse une analyse à propos du régime juridique de financement politique par des entreprises au Brésil, en France et aux États-Unis. À partir d’une investigation introductive des origines du rapport entre la démocratie et le capital, nous présentons la problématique actuelle autour de cette relation. À la suite, selon la perspective du Droit constitutionnel comparé, nous proposons un aperçu critique des solutions normatives élaborées par chacun de cestrois pays, et des implications au principe démocratique, au principe républicain, au principe de l’isonomie et au principe de la liberté d’expression. |
|
O Método Genealógico Nietzschiano e sua aplicabilidade para a Ciência do Direito |
Author : Thiago Rodrigues Pereira |
Abstract | Full Text |
Abstract :This research aims to show the genealogical method by Nietzsche as a propose of overcoming of the classic positivism method, because this method still has important application in Brazilian Law.The genealogical method allows to analyze historical basis of science of Law, to propose a reconstruction of science of law. After that, it proposes to think the science of law using Philosophical hermeneutics applied of constitutional law, especially in the constitutional principles, because they will help every juridical interpretation and they will help to meet the right constitutional answer. |
|
Concretizando os Direitos da pessoa com Deficiência a partir de uma responsabilidade Solidária e Multifacetada |
Author : Célia Barbosa Abreu, Iara Duque Soares, Isaac Marsico do Couto Bemerguy |
Abstract | Full Text |
Abstract :The purpose of this study is to draw up a theoretical analysis of the connotations given to civil liability towards persons with disabilities by the emergence of the models of conception of dysfunctionality based on the social model and diversity model, especially with regard to the International Convention on the Rights of Persons with Disabilities and the Statute of Persons with Disabilities (Law no. 13.146/2015). In this context, from the dialectical, historical, inductive and collection of jurisprudence methods, the research intends to analyze the application and interpretation of art. 8, Law no. 13.146/2015, with regard a solidarity liability – between State, society and family – and multifaceted liability – of the most varied rights that require social living on an equal basis with others – with the disabled person. |
|
Direitos Sucessórios do Companheiro: a Inconstitucionalidade do Artigo 1790 do Código Civil pelo Supremo Tribunal Federal e a hipótese da Concorrência Sucessória com os Descendentes |
Author : Benedicto Gonçalves Patrão |
Abstract | Full Text |
Abstract :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 |
|
Uma abordagem pontual acerca da Cultura e do Direito no Rio de Janeiro contemporâneo |
Author : Vanderlei Martins, Marcos S. Pulvino |
Abstract | Full Text |
Abstract :The work is set in the city of Rio de Janeiro in the period between years 1945/1964. The approach itself discusses, in general, the socio-institutional coexistence urban post World War II, involving, in a particular way, the prevailing urban culture the political aspects, legal and social. Discusses and timely manner, the new civilizing idealizations designed to Brazil with reference to the new post-modern Western order, especially that which involves political, economic and social contexts. In the political aspect, addresses the party-political mosaic of the time and especially the Federal Constitution of 1946. In the economic aspect, addresses the insertion of Brazil to the new order imposed by global neo-capitalism, that basically coming from the American expansionist capital. In the social aspect, the text observed the social behavior, customs impacted by the emerging new mindset. Within the legal perspective, the paper also notes the enactment of social rights, political rights and the idealization the affirmation of citizenship as required pressusto in political reform undertaken in the period. |
|
Notas introdutórias relacionadas a um estudo sobre a objeção de consciência e a judicialização da educação a partir da jurisprudência brasileira após a Constituição Federal de 1988 |
Author : Carlos Alberto Lima de Almeida |
Abstract | Full Text |
Abstract :This paper is based on an in progress post-doctoral research on Strictu sensuPost-Graduation Program in Law of the State University of Rio de Janeiro and aims to investigatethe theme objection of conscience. The delimitation of the research is centered on the investigation of conscientious objection in the judicialization of education, based on Brazilian jurisprudence after the Federal Constitution of 1988.The research problem is to question what the foundations employed by the courts in trials related to education in the conflict of interest submitted to the Judiciary involve the exercise of the right to conscientious objection.The research will be based on judgments of the Federal Regional Court of the Second Region, in judgments related to the judicial section of Rio de Janeiro, and the Court of Justice of the State of Rio de Janeiro.The work has as research problem the relationship between the right to conscientious objection and the judicialization of education. In this way, the main objective is to investigate the grounds used by the courts in the judgment of cases related to education that involve the exercise of the right to conscientious objection. It has also the following objectives: a) to investigate the historical and documentary records related to the right to conscientious objectionin order to contextualize the theme in the international context and in the Brazilian legal system; b) to map the categories used in the conflicts converted into judgments in the Judiciary that are based on the exercise of the right to conscientious objection and select cases related to education; c) Investigate the arguments used by the courts in judgments related to education related to the exercise of the right to conscientious objection. The article will be based on documentary and bibliographical research. |
|
Ação Declaratória de Constitucionalidade: expectativa, realidade e algumas propostas |
Author : Fábio Carvalho Leite |
Abstract | Full Text |
Abstract :This paper claims that the declaratory action of constitutionality reveals some undefined points and that its legitimacy depends on the interpretation of theses aspects. These points are identified through the confrontation of doctrinal approach about this action with its application by the Supreme Court. The paper concludes with a critical analysis of these undefined points and some proposals that should be taken into account when trying to untangle them. |
|
Ensino Jurídico e Cultura Jurídica Processual: breves reflexões sobre o ensino do Direito Processual Civil na vigência do CPC/2015 |
Author : Alexandre de Castro Catharina |
Abstract | Full Text |
Abstract :The Civil Procedure Code of 2015 promoted a true epistemological turn in Brazilian procedural science by systematically treating various means of democratizing the decision-making process. The amplification of the amicus curiae, the regulation of the public hearing in the judgment of objective appeals and the participation of interested parties in the formation of judicial precedents, represent, to a certain extent, the overcoming of an individualizing model of civil procedure, still strongly influenced by Liberal legal culture. On the other hand, the code focuses on the consensual solution of conflicts, in establishing mediation as a stage prior to the adversary, and also provides for a number of typical procedural transactions and enables endless non-typical procedural transactions to be performed. In this context, the purpose of the code proposal is to establish a multi-portal conflict resolution system in which the parties play a fundamental role in the conduct of self-determination and in defining the procedure to be followed. This proposal seeks to overcome the contentious model of the process where the judge had the monopoly of the decision-making process. However, the epistemological turn required by the new way of being of the process, in order to be effective, must be accompanied by a reformulation of legal education, above all in the area of civil procedural law, so as to allow professional training that enables the operator of the right To act in the democratic and consensual process model established by CPC / 2015. Based on this premise, the main objective of the article is to reflect on the necessary reformulations in the teaching of civil procedural law in the period of CPC / 2015. |
|