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A Resolucao Dos Conflitos E A Funcao Judicial No Contemporaneo Estado De Direito
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Book Synopsis A resolução dos conflitos e a função judicial no contemporâneo estado de direito by : Rodolfo de Camargo Mancuso
Download or read book A resolução dos conflitos e a função judicial no contemporâneo estado de direito written by Rodolfo de Camargo Mancuso and published by . This book was released on 2009 with total page 752 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Justiça em transição by : Vinícius José Corrêa Gonçalves
Download or read book Justiça em transição written by Vinícius José Corrêa Gonçalves and published by Editora Dialética. This book was released on 2021-01-08 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: A função jurisdicional do Estado brasileiro, já há algum tempo, vem sendo questionada sob diversas perspectivas, especialmente em virtude da crise numérica que assola o Poder Judiciário nacional. A partir da análise da função judicial no Estado Democrático de Direito contemporâneo, a pesquisa expõe, inicialmente, os métodos de resolução de conflitos existentes, sob o prisma do direito pátrio e comparado, ressaltando o predomínio das soluções adjudicadas prestadas por meio do sistema judicial tradicional brasileiro, em nome de um exacerbado formalismo e da constante busca por uma suposta segurança jurídica. Todavia, com o passar do tempo, a crise do sistema judicial brasileiro torna-se cada vez mais evidente, o que pode ser explicado por uma multiplicidade de fatores, dentre os quais se destacam: a formação do que se denominou de "arquétipo da judicialização" e as limitações naturais da tutela jurisdicional prestada pelo Estado-juiz (reconhecendo-se no sistema judicial formal uma espécie de sistema autopoiético), o que ocasiona um aumento linear das taxas de congestionamento do Poder Judiciário, bem como do número de processos judiciais que aguardam a prolação de um pronunciamento jurisdicional. Tal fenômeno repercute, direta e negativamente, sobre os direitos e as garantias fundamentais, o que levou o Brasil a adotar postura ativa no enfrentamento do mencionado problema (mediante o aumento da estrutura física e tecnológica do Poder Judiciário, da promoção de constantes alterações na legislação processual, entre outros), medidas que, via de regra, têm demonstrado baixa eficácia prática por atacarem as consequências e não as causas da crise. De tal modo, a pesquisa propõe uma necessária transição para outros modelos de administração de litígios, calcados, fundamentalmente, no protagonismo dos métodos alternativos de resolução de conflitos. Numa etapa inicial, sugere-se a implementação de sistemas judiciários híbridos, que são aqueles em que os diversos mecanismos de solução de controvérsias convivem no âmbito do sistema judicial tradicional, contando com uma maior atuação e fiscalização do Estado, tais como a court annexed arbitration, a court connected mediation e o multi-door courthouse. Nestes casos, pela utilização de critérios bem definidos, o sistema judicial formal encarregar-se-ia de encaminhar as demandas para os melhores e mais adequados métodos de resolução, postura que exigiria uma releitura do direito fundamental à inafastabilidade da tutela jurisdicional (vista, nesta perspectiva, como subsidiária), mas que poderia ocasionar grande impacto positivo sobre a atual crise jurisdicional. Após a sedimentação desses modelos, numa etapa final, a pesquisa propõe o surgimento de um novo sistema de administração da Justiça, baseado, essencialmente, no pluralismo jurídico-participativo, com vistas à promoção de um efetivo empoderamento social. Neste último modelo, os meios alternativos de resolução de conflitos devem ser disseminados e pulverizados por todo o corpo social, ganhando destaque, neste contexto, a mediação comunitária (pela sua maior flexibilidade/adequabilidade e pelo maior número de benefícios advindos de sua utilização). Sob este modelo, o sistema judicial formal e as demais instâncias extrajudiciais de resolução de litígios mantêm sempre correlação, pela interlegalidade e complementaridade entre os sistemas, potencializando, inclusive, a eficácia de alguns direitos e garantias fundamentais. Para que isso seja viável, contudo, salienta-se a necessidade de surgimento de um "contra-arquétipo pluralista" nesta seara, cuja edificação passa pelas balizas da educação jurídica e de políticas públicas específicas.
Book Synopsis MULTIDISCIPLINARY STUDIES: MANAGEMENT AND LEGAL SCIENCES by : Adriana Dantas Bessa
Download or read book MULTIDISCIPLINARY STUDIES: MANAGEMENT AND LEGAL SCIENCES written by Adriana Dantas Bessa and published by GLOBAL ACADEMY YAYINCILIK VE DANIŞMANLIK HİZMETLERİ SANAYİ TİCARET LİMİTED ŞİRKETİ. This book was released on 2024-06-08 with total page 172 pages. Available in PDF, EPUB and Kindle. Book excerpt: Preface Today the world is marked by increasing complexity, where the boundaries between disciplines become increasingly interconnected. Therefore, the dialogue between different areas of knowledge is essential for the understanding and solution of the diverse challenges we face. This book, "Multidisciplinary Studies: Management and Legal Sciences", is born of this understanding, bringing a comprehensive and integrated perspective on important topics that permeate management and law. Management and the legal sciences, although traditionally seen as distinct fields, share a deep interdependence. Business and administrative decisions are inevitably shaped by regulatory and legal frameworks, as well as legal legislation and practices are influenced by organizational and economic dynamics. This book explores this intersection, highlighting how the collaboration between managers and jurists can generate innovative and effective solutions to contemporary problems. Throughout the chapters, readers will have the opportunity to discover a diversity of approaches and methodologies that reflect the nature of the topics covered, will find practical cases analyzes and theoretical studies. Each contribution enriches the understanding of how these areas can interact productively. Thus, in the world where change is a constant, the ability to integrate knowledge and collaborate beyond traditional boundaries becomes a strategic differential. "Multidisciplinary Studies: Management and Legal Sciences" is a valuable contribution to this movement, offering tools and reflections that enable managers and jurists to navigate more effective and creativity in todays and tomorrow challenges. We hope that this work will inspire not only greater understanding between the areas of management and law, but also a more collaborative and innovative professional practice. May it serve as a starting point for new research, debates and, above all, to the practical application of interdisciplinary knowledge that contribute to the common good. Good reading! Prof. Dr. Maria Emilia Camargo June 2024
Book Synopsis Civil Procedure in Brazil by : Humberto Dalla
Download or read book Civil Procedure in Brazil written by Humberto Dalla and published by Kluwer Law International B.V.. This book was released on 2020-08-19 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this convenient volume provides comprehensive analysis of the legislation and rules that determine civil procedure and practice in Brazil. Lawyers who handle transnational matters will appreciate the book’s clear explanation of distinct terminology and application of rules. The structure follows the classical chapters of a handbook on civil procedure: beginning with the judicial organization of the courts, jurisdiction issues, a discussion of the various actions and claims, and then moving to a review of the proceedings as such. These general chapters are followed by a discussion of the incidents during proceedings, the legal aid and legal costs, and the regulation of evidence. There are chapters on seizure for security and enforcement of judgments, and a final section on alternative dispute resolution. Facts are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Succinct, scholarly, and practical, this book will prove a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in Brazil will welcome this very useful guide, and academics and researchers will appreciate its comparative value as a contribution to the study of civil procedure in the international context.
Author :Humberto Dalla Bernardina de Pinho Publisher :Kluwer Law International B.V. ISBN 13 :9403518235 Total Pages :344 pages Book Rating :4.4/5 (35 download)
Book Synopsis Civil Procedure in Brazil by : Humberto Dalla Bernardina de Pinho
Download or read book Civil Procedure in Brazil written by Humberto Dalla Bernardina de Pinho and published by Kluwer Law International B.V.. This book was released on 2019-11-22 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this convenient volume provides comprehensive analysis of the legislation and rules that determine civil procedure and practice in Brazil. Lawyers who handle transnational matters will appreciate the book’s clear explanation of distinct terminology and application of rules. The structure follows the classical chapters of a handbook on civil procedure: beginning with the judicial organization of the courts, jurisdiction issues, a discussion of the various actions and claims, and then moving to a review of the proceedings as such. These general chapters are followed by a discussion of the incidents during proceedings, the legal aid and legal costs, and the regulation of evidence. There are chapters on seizure for security and enforcement of judgments, and a final section on alternative dispute resolution. Facts are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Succinct, scholarly, and practical, this book will prove a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in Brazil will welcome this very useful guide, and academics and researchers will appreciate its comparative value as a contribution to the study of civil procedure in the international context.
Book Synopsis When Experiments Travel by : Adriana Petryna
Download or read book When Experiments Travel written by Adriana Petryna and published by Princeton University Press. This book was released on 2009-04-27 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: The phenomenal growth of global pharmaceutical sales and the quest for innovation are driving an unprecedented search for human test subjects, particularly in middle- and low-income countries. Our hope for medical progress increasingly depends on the willingness of the world's poor to participate in clinical drug trials. While these experiments often provide those in need with vital and previously unattainable medical resources, the outsourcing and offshoring of trials also create new problems. In this groundbreaking book, anthropologist Adriana Petryna takes us deep into the clinical trials industry as it brings together players separated by vast economic and cultural differences. Moving between corporate and scientific offices in the United States and research and public health sites in Poland and Brazil, When Experiments Travel documents the complex ways that commercial medical science, with all its benefits and risks, is being integrated into local health systems and emerging drug markets. Providing a unique perspective on globalized clinical trials, When Experiments Travel raises central questions: Are such trials exploitative or are they social goods? How are experiments controlled and how is drug safety ensured? And do these experiments help or harm public health in the countries where they are conducted? Empirically rich and theoretically innovative, the book shows that neither the language of coercion nor that of rational choice fully captures the range of situations and value systems at work in medical experiments today. When Experiments Travel challenges conventional understandings of the ethics and politics of transnational science and changes the way we think about global medicine and the new infrastructures of our lives.
Download or read book Will to Live written by João Biehl and published by Princeton University Press. This book was released on 2009-05-17 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: Will to Live tells how Brazil, against all odds, became the first developing country to universalize access to life-saving AIDS therapies--a breakthrough made possible by an unexpected alliance of activists, government reformers, development agencies, and the pharmaceutical industry. But anthropologist João Biehl also tells why this policy, hailed as a model worldwide, has been so difficult to implement among poor Brazilians with HIV/AIDS, who are often stigmatized as noncompliant or untreatable, becoming invisible to the public. More broadly, Biehl examines the political economy of pharmaceuticals that lies behind large-scale treatment rollouts, revealing the possibilities and inequalities that come with a magic bullet approach to health care. By moving back and forth between the institutions shaping the Brazilian response to AIDS and the people affected by the disease, Biehl has created a book of unusual vividness, scope, and detail. At the core of Will to Live is a group of AIDS patients--unemployed, homeless, involved with prostitution and drugs--that established a makeshift health service. Biehl chronicled the personal lives of these people for over ten years and Torben Eskerod represents them here in more than one hundred stark photographs. Ethnography, social medicine, and art merge in this unique book, illuminating the care and agency needed to extend life amid perennial violence. Full of lessons for the future, Will to Live promises to have a lasting influence in the social sciences and in the theory and practice of global public health.
Book Synopsis A General Jurisprudence of Law and Society by : Brian Z. Tamanaha
Download or read book A General Jurisprudence of Law and Society written by Brian Z. Tamanaha and published by Oxford Socio-Legal Studies. This book was released on 2001 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law is generally understood to be a mirror of society that functions to maintain social order. Focusing on this general understanding, this text conducts a survey of Western legal and social theories about law and its relationship within society.
Book Synopsis The Killing Consensus by : Graham Denyer Willis
Download or read book The Killing Consensus written by Graham Denyer Willis and published by Univ of California Press. This book was released on 2015-03-21 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: We hold many assumptions about police workÑthat it is the responsibility of the state, or that police officers are given the right to kill in the name of public safety or self-defense. But in The Killing Consensus, Graham Denyer Willis shows how in S‹o Paulo, Brazil, killing and the arbitration of ÒnormalÓ killing in the name of social order are actually conducted by two groupsÑthe police and organized crimeÑboth operating according to parallel logics of murder. Based on three years of ethnographic fieldwork, Willis's book traces how homicide detectives categorize two types of killing: the first resulting from ÒresistanceÓ to police arrest (which is often broadly defined) and the second at the hands of a crime "family' known as the Primeiro Comando da Capital (PCC). Death at the hands of police happens regularly, while the PCCÕs centralized control and strict moral code among criminals has also routinized killing, ironically making the city feel safer for most residents. In a fractured urban security environment, where killing mirrors patterns of inequitable urbanization and historical exclusion along class, gender, and racial lines, Denyer Willis's research finds that the cityÕs cyclical periods of peace and violence can best be understood through an unspoken but mutually observed consensus on the right to kill. This consensus hinges on common notions and street-level practices of who can die, where, how, and by whom, revealing an empirically distinct configuration of authority that Denyer Willis calls sovereignty by consensus.
Book Synopsis Legal standards on freedom of expression by : Singh, Avani
Download or read book Legal standards on freedom of expression written by Singh, Avani and published by UNESCO Publishing. This book was released on 2018-12-31 with total page 218 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Courting Social Justice by : Varun Gauri
Download or read book Courting Social Justice written by Varun Gauri and published by Cambridge University Press. This book was released on 2010-03-15 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a first-of-its-kind, five-country empirical study of the causes and consequences of social and economic rights litigation. Detailed studies of Brazil, India, Indonesia, Nigeria, and South Africa present systematic and nuanced accounts of court activity on social and economic rights in each country. The book develops new methodologies for analyzing the sources of and variation in social and economic rights litigation, explains why actors are now turning to the courts to enforce social and economic rights, measures the aggregate impact of litigation in each country, and assesses the relevance of the empirical findings for legal theory. This book argues that courts can advance social and economic rights under the right conditions precisely because they are never fully independent of political pressures.
Book Synopsis Law and Disorder in the Postcolony by : Jean Comaroff
Download or read book Law and Disorder in the Postcolony written by Jean Comaroff and published by University of Chicago Press. This book was released on 2008-09-15 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: Are postcolonies haunted more by criminal violence than other nation-states? The usual answer is yes. In Law and Disorder in the Postcolony, Jean and John Comaroff and a group of respected theorists show that the question is misplaced: that the predicament of postcolonies arises from their place in a world order dominated by new modes of governance, new sorts of empires, new species of wealth—an order that criminalizes poverty and race, entraps the “south” in relations of corruption, and displaces politics into the realms of the market, criminal economies, and the courts. As these essays make plain, however, there is another side to postcoloniality: while postcolonies live in states of endemic disorder, many of them fetishize the law, its ways and itsmeans. How is the coincidence of disorder with a fixation on legalities to be explained? Law and Disorder in the Postcolony addresses this question, entering into critical dialogue with such theorists as Benjamin, Agamben, and Bayart. In the process, it also demonstrates how postcolonies have become crucial sites for the production of contemporary theory, not least because they are harbingers of a global future under construction.
Book Synopsis Civil and Commercial Mediation in Europe (set - Vols. 1&2) by : Carlos Esplugues Mota
Download or read book Civil and Commercial Mediation in Europe (set - Vols. 1&2) written by Carlos Esplugues Mota and published by . This book was released on 2014-03-27 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Originally available as two separate volumes, Intersentia's Civil and Commercial Mediation in Europe is now available as a two volume set. *** About Volume I on National Mediation Rules and Procedures: Mediation is becoming an increasingly important tool for resolving civil and commercial disputes. Although it has been long since recognized in many legal systems, in recent years it has received an important boost and is currently one of the most topical issues in the field of dispute resolution. The European Directive 2008/52/EC of the European Parliament and of the Council of 21.5.2008 on certain aspects of mediation in civil and commercial matters, prescribes a set of minimum common rules on mediation for all EU Member States, with the exception of Denmark. This book examines the current legal framework in every EU Member State regarding mediation in civil and commercial matters, as well as the way in which the Directive has been, or is expected to be, implemented in the near future. It is written by renowned specialists on mediation in Europe and provides an exhaustive account for both scholars and practitioners in Europe and beyond the continent. Every chapter on national law analyzes: both out-of-court and court-annexed mediation in the existing legal framework * the areas of law covered by mediation * the value and formal requirements of the agreement to submit any dispute to mediation * personal features and requirements for mediators * procedural requirements in the mediation procedure * the relationship between the mediator and public authorities * the outcome of the mediation procedure * in the scenario in which a mediation settlement is reached, its requirements and effects. *** About Volume II on Cross-Border Mediation: Mediation plays a leading role within the movement of Alternative Dispute Resolution after centuries in which for several reasons the State and State courts were regarded as the only available instrument to ensure access to justice to citizens. In the European Union the institution of mediation has received much support in the form of Directive 2008/52/EC which sets forth a minimum common legal framework for mediation in the Member States. The 2008 Directive has finally been implemented in the Member States and this book provides the much needed in-depth analysis of the status of the mediation regimes in the European Union. The analysis covers the legal regimes of the Member States set up for cross-border and national mediation. This volume includes national reports on cross-border mediation including in-depth information on all the relevant aspects of cross-border mediation: the notion of cross-border mediation, the law applicable to the mediation clause, the mediation proceedings and the content of the settlement reached by the parties. Special attention is of course given to the recognition and enforcement in the European Union of settlements reached in other Member States and outside Europe. In addition the role of mediators and requirements to become a mediator are examined. This book provides a unique picture of the legal situation in the European Union for cross-border mediation. It is an invaluable instrument for those who want to know more about this complex topic or want to become a mediator in Europe themselves.
Book Synopsis Enforcing the Rule of Law by : Enrique Peruzzotti
Download or read book Enforcing the Rule of Law written by Enrique Peruzzotti and published by University of Pittsburgh Pre. This book was released on 2006-04-07 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reports of scandal and corruption have led to the downfall of numerous political leaders in Latin America in recent years. What conditions have developed that allow for the exposure of wrongdoing and the accountability of leaders? Enforcing the Rule of Law examines how elected officials in Latin American democracies have come under scrutiny from new forms of political control, and how these social accountability mechanisms have been successful in counteracting corruption and the limitations of established institutions. This volume reveals how legal claims, media interventions, civic organizations, citizen committees, electoral observation panels, and other watchdog groups have become effective tools for monitoring political authorities. Their actions have been instrumental in exposing government crime, bringing new issues to the public agenda, and influencing or even reversing policy decisions. Enforcing the Rule of Law presents compelling accounts of the emergence of civic action movements and their increasing political influence in Latin America, and sheds new light on the state of democracy in the region.
Book Synopsis A History of Academical Dress in Europe Until the End of the Eighteenth Century by : W. N. Hargreaves-Mawdsley
Download or read book A History of Academical Dress in Europe Until the End of the Eighteenth Century written by W. N. Hargreaves-Mawdsley and published by Praeger. This book was released on 1978 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: The text goes country by country examining dress within schools and classes.
Download or read book Corrupt Cities written by and published by World Bank Publications. This book was released on 2000 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: Much of the devastation caused by the recent earthquake in Turkey was the result of widespread corruption between the construction industry and government officials. Corruption is part of everyday public life and we tend to take it for granted. However, preventing corruption helps to raise city revenues, improve service delivery, stimulate public confidence and participation, and win elections. This book is designed to help citizens and public officials diagnose, investigate and prevent various kinds of corrupt and illicit behaviour. It focuses on systematic corruption rather than the free-lance activity of a few law-breakers, and emphasises practical preventive measures rather than purely punitive or moralistic campaigns.
Book Synopsis Interdisciplinary Insights on Fraud by : António Maia
Download or read book Interdisciplinary Insights on Fraud written by António Maia and published by Cambridge Scholars Publishing. This book was released on 2014-04-11 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book fills an essential gap in the existing literature by analyzing fraud, and the weakening of ethical relations as parts of an overall global process, in an interdisciplinary, international and multidimensional perspective. It provides an in-depth analysis of fraud in its multiple facets, including financial fraud (most notably related to banking), fiscal/tax fraud (tax compliance and the role of government in the process), and academic fraud (exams misconduct and plagiarism). It also presents a set of methods and empirical evidence on the prevention and combating of fraud in distinct settings, such as money laundering, fraudulent investments schemes, and public procurement mismanagement, and economies, including Brazil, Canada, France, and Portugal.
