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Constituicao Liberdade E Interpretacao
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Book Synopsis Constituição, Liberdade E Interpretação by : Humberto Avila
Download or read book Constituição, Liberdade E Interpretação written by Humberto Avila and published by . This book was released on with total page 80 pages. Available in PDF, EPUB and Kindle. Book excerpt: Em linguagem simples e acessível, e com exemplos do inicio ao fim, o Autor enfrenta o mais importante tema da atualidade: os limites à interpretação da Constituição.
Author :Fabio Carvalho de Alvarenga Peixoto Publisher :Fabio Carvalho de Alvarenga Peixoto ISBN 13 :6500865375 Total Pages :303 pages Book Rating :4.5/5 (8 download)
Book Synopsis Abuse of Rights by : Fabio Carvalho de Alvarenga Peixoto
Download or read book Abuse of Rights written by Fabio Carvalho de Alvarenga Peixoto and published by Fabio Carvalho de Alvarenga Peixoto. This book was released on 2023-11-16 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book is an adaptation of part of the author's PhD thesis, which won the international prize Prémio FIBE, and was voted one of the three best in Brazil, in the field of Law, in 2023. It deals with the history of the notion of abuse of rights, in its two traditions: the Franco-Belgian (abus de droit) and the German (unzulässige Rechtsausübung). It also presents the discourse of abuse of rights with a 'shortcut' function. Finally, it places the scientific formulation of groups of cases as necessary for the proper use of the abuse of rights discourse. Fabio Carvalho de Alvarenga Peixoto PhD in Constitutional Law (Universidade de Fortaleza - Brazil). State Attorney. Private lawyer. Winner of the international prize Prémio FIBE, and of an honorable mention in the Capes (Brazilian Ministry of Education) PhD Thesis Award 2023. INTRODUCTION 1 THE BEGINNING OF THE HISTORIES OF ABUSE OF RIGHTS 2 THE GENERAL CONCEPT OF ABUSE OF RIGHTS 2.1 Literature Admission of Abuse of Rights as an Atypical Unlawfulness 2.1.1 Unconscious Phase 2.1.2 Constructive Phase of Incipient Dogmatization 2.1.3 Constructive Phase of Peripheral Systematization 2.2 Delimitation of Abuse of Rights in the Face of Abuse (Misuse) of Power 2.3 Presuppositions of the Notion of Abuse of Rights 2.3.1 Permission Granted by ‘Abstract’ Interpretation of a Normative Text 2.3.2 Prohibition ‘Discovered’ by Judge, Outside the Limits of ‘Abstract’ Interpretation of Normative Text 3 THE FUNCTION OF THE NOTION OF ABUSE OF RIGHTS 3.1 Abuse of Rights as a “Gathering Concept” 3.2 Practical Indispensability of the Dogmatic Formulation of (Open) Groups of Cases for the Rational Application of the Prohibition of Abuse of Rights 3.3 Abuse of Rights as a “Shortcut” (which “can Slow You Down”) 4 THE TWO TRADITIONS OF PRIVATE LAW DOCTRINES OF ABUSE OF RIGHTS 4.1 The French-Belgian Tradition of Abus de Droit 4.1.1 Harmful Intent Approach 4.1.1.1 The Beginnings of the Abus de Droit Tradition 4.1.1.2 Unnecessary Dammage Approach 4.1.2 Deviation from the Economic and Social Purposes of Rights Approach 4.1.2.1 Louis Josserand’s Original Approach 4.1.2.2 Violation of Dominant Morality Approach 4.1.2.3 Reception in Germany by Wolfgang Siebert of the Deviation of Purpose Approach (Rechtsmißbrauch) and its Evolution into the Doctrine of Institutional Abuse (Institutioneller Rechtsmißbrauch) 4.1.2.4 Denial of the Axiological Fundament (‘Formal Axiologism’) Approach: Non-Replacing Overcoming 4.1.3 Disproportion between Advantages and Losses Approach 4.2 The German Tradition of Unzulässige Rechtsausübung 4.2.1 Prohibition of Chicanery Approach 4.2.2 Violation of Objective Good Faith Approach 4.2.3 Violation of Good Customs Approach 4.3 Excerpt: Germanophile Definitory Approach of Abuse of Rights as Violation of Principle 5 THE METHODICAL ISSUES NOT RESOLVED BY DOCTRINES OF ABUSE OF RIGHTS 5.1 The Importance of the Recognition of the Meta-Individual Function of Rights 5.2 Meta-Individual Function and Individual Function: Methodical Requirement of Sizing Criteria for Each Right 5.3 Limited Scope of the Objective Good Faith Approach 6 THE NEED FOR RATIONAL JUSTIFICATION OF THE IDENTIFICATION OF ABUSE OF RIGHT AS A MECHANISM FOR CONTROLLING JUDICIAL DISCRETION 6.1 Insufficiency of the Standard Theories of Legal Argumentation for Rational Justification of the Evaluation of Abuse of Rights 6.2 The Use of Dogmatically Formulated Groups of Cases for the Rational Justification of the evaluation of Abuse of Rights CONCLUSION REFERENCES
Book Synopsis Rule of Law and the Challenges Posed by the Pandemic by : Rainer Arnold
Download or read book Rule of Law and the Challenges Posed by the Pandemic written by Rainer Arnold and published by Springer Nature. This book was released on 2023-11-22 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: The rule of law represents the heart of constitutionalism. Public power can only be legitimately exercised if it is based on and complies with the law. The Constitution and its fundamental values – human dignity, freedom and equality – are the ultimate sources of orientation for the rule of law. Domestic rule of law is complemented by its external dimension, the duty to respect international law and, for EU member states, supranational law. For the World Jurist Association, the realization of the Rule of Law has been the central concern since its founding more than 60 years ago. Its biennial world congresses, which bring together leading figures from politics, the judiciary and academia under the presidency of Javier Cremades, focus on the universal importance of the rule of law, which experts from numerous countries discuss on the basis of current problem areas. At the 2021 World Law Congress in Barranquilla, Colombia, one central topic was the tension between combating pandemics and the rule of law. The contributions gathered here examine how this challenge was met in political-legal practice, and the role of constitutional jurisdiction in the process. They analyze and evaluate the legal situation in numerous countries in Europe and Latin America. In addition, they reflect on fundamental issues, such as the concept of the rule of law, its relationship to democracy, its universal character and its implementation via jurisprudence.
Book Synopsis JUSTIÇA E DEMOCRACIA: as novas perspectivas da hermenêutica constitucional by : Renata Furtado de Barros
Download or read book JUSTIÇA E DEMOCRACIA: as novas perspectivas da hermenêutica constitucional written by Renata Furtado de Barros and published by Lulu.com. This book was released on 2012-12-10 with total page 501 pages. Available in PDF, EPUB and Kindle. Book excerpt: A ABPJD (Academia Brasileira de Produção Jurídica Discente) apresenta seu terceiro livro produzido com a colaboração de diversos profissionais da área jurídica, intitulado: "JUSTIÇA E DEMOCRACIA: as novas perspectivas da hermenêutica constitucional". Essa obra é fruto de inúmeras pesquisas dos alunos do curso de Pós-Graduação em Direito da PUC Minas, tendo contado com a colaboração de diversos docentes e discentes de outras instituições espalhadas por todo o Brasil. Com o objetivo de facilitar a leitura, a obra foi dividida em dois volumes, sendo este o primeiro volume. O que se busca a todo momento é crer em um ordenamento jurídico mais justo e democrático, para tanto, entendemos que a hermenêutica é um caminho seguro para reflexão da aplicação das normas no Estado Democrático de Direito brasileiro. Esperamos que esse livro seja uma reflexão da hermenêutica constitucional e de seu papel na manutenção de ideais mais sólidos de Justiça e Democracia. As Organizadoras.
Book Synopsis Free Speech: A Very Short Introduction by : Nigel Warburton
Download or read book Free Speech: A Very Short Introduction written by Nigel Warburton and published by OUP Oxford. This book was released on 2009-02-26 with total page 128 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'I disapprove of what you say, but I will defend to the death your right to say it' This slogan, attributed to Voltaire, is frequently quoted by defenders of free speech. Yet it is rare to find anyone prepared to defend all expression in every circumstance, especially if the views expressed incite violence. So where do the limits lie? What is the real value of free speech? Here, Nigel Warburton offers a concise guide to important questions facing modern society about the value and limits of free speech: Where should a civilized society draw the line? Should we be free to offend other people's religion? Are there good grounds for censoring pornography? Has the Internet changed everything? This Very Short Introduction is a thought-provoking, accessible, and up-to-date examination of the liberal assumption that free speech is worth preserving at any cost. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.
Book Synopsis The Balance between Worker Protection and Employer Powers by : Nuno Cerejeira Namora
Download or read book The Balance between Worker Protection and Employer Powers written by Nuno Cerejeira Namora and published by Cambridge Scholars Publishing. This book was released on 2019-01-17 with total page 622 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the most important problems and challenges of the current labour market from the point of view of the balance between the parties of the employment contract. The contributions here are related to various pressing topics, including, for example, the future of work and worker protection on an international level against the strengthening of employers’ powers. In addition, the nature and limits of employers’ power, non-competition contractual clauses and workers’ rights in the face of new communication and information technologies are also discussed. The contributors are drawn from several countries, such as Portugal, Spain, Bolivia, Italy, México and Switzerland. The book will appeal to lawyers, legal experts, human resources experts, economist, judges, academia, and staff from companies and trade unions, and employers’ representation. The volume features insights and contributions in different languages, with chapters in Spanish (12), English (4) and Portuguese (5).
Book Synopsis Religion and Law in Brazil by : Thiago Magalhães Pires
Download or read book Religion and Law in Brazil written by Thiago Magalhães Pires and published by Kluwer Law International B.V.. This book was released on 2023-09-25 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this convenient resource provides systematic information on how Brazil deals with the role religion plays or can play in society, the legal status of religious communities and institutions, and the legal interaction among religion, culture, education, and media. After a general introduction describing the social and historical background, the book goes on to explain the legal framework in which religion is approached. Coverage proceeds from the principle of religious freedom through the rights and contractual obligations of religious communities; international, transnational, and regional law effects; and the legal parameters affecting the influence of religion in politics and public life. Also covered are legal positions on religion in such specific fields as church financing, labour and employment, and matrimonial and family law. A clear and comprehensive overview of relevant legislation and legal doctrine make the book an invaluable reference source and very useful guide. Succinct and practical, this book will prove to be of great value to practitioners in the myriad instances where a law-related religious interest arises in Brazil. Academics and researchers will appreciate its value as a thorough but concise treatment of the legal aspects of diversity and multiculturalism in which religion plays such an important part.
Book Synopsis A Tradição da Liberdade by : Corentin de Salle
Download or read book A Tradição da Liberdade written by Corentin de Salle and published by European Liberal Forum. This book was released on with total page 374 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Tradição da Liberdade - Tomo II é um contributo importante para compreender a diversidade que compõe o liberalismo, colocando o leitor em contacto com obras de referência de quatro autores europeus: os franceses Étienne de La Boétie (Discurso sobre a Servidão Voluntária) e Benjamin Constant (Da Liberdade dos Antigos Comparada à dos Modernos), o alemão Wilhelm von Humboldt (Os Limites da Acção do Estado) e o escocês Adam Smith (Riqueza das Nações). À excepção de La Boétie, que viveu no século XVI, todos viveram e escreveram em finais do século XVIII, inícios do século XIX – a fervilhante era da Declaração da Independência dos Estados Unidos da América (1776), da Revolução Francesa (1789) e do Iluminismo –, marcando de forma clara o pensamento da sua época e das seguintes. Um livro que, além de resumir quatro grandes obras do passado, mostra os muitos ensinamentos que elas têm para quem vive na Europa actual e acredita que o futuro passa por construir uma União Europeia ao serviço da liberdade, contra os retrocessos proteccionistas e as pulsões nacionalistas.
Book Synopsis Connecting Expertise Multidisciplinary Development For The Future by : Seven Publicações
Download or read book Connecting Expertise Multidisciplinary Development For The Future written by Seven Publicações and published by Seven Editora. This book was released on with total page 2526 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Último Império by : Vanderlei Dorneles
Download or read book Último Império written by Vanderlei Dorneles and published by Casa Publicadora Brasileira. This book was released on with total page 164 pages. Available in PDF, EPUB and Kindle. Book excerpt: A identificação dos Estados Unidos como império é comum na imprensa e no meio acadêmico. Porém, já no século 19, intérpretes adventistas tinham percebido esse potencial e relacionado a nação emergente às profecias apocalípticas. O objetivo deste livro é mostrar como o processo de fundação desse país provê importantes dados para iluminar a interpretação adventista de Apocalipse 13. Além disso, esclarece o atual panorama sociopolítico da nação e as perspectivas futuras. Esta leitura ajudará você a entender melhor a lógica das profecias bíblicas como revelações por parte do Deus verdadeiro que conhece e comanda a história.
Book Synopsis Personality and Data Protection Rights on the Internet by : Marion Albers
Download or read book Personality and Data Protection Rights on the Internet written by Marion Albers and published by Springer Nature. This book was released on 2022-03-12 with total page 493 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on protection needs and new aspects of personality and data protection rights on the Internet, presenting a comprehensive review that discusses and compares international, European and national (Brazilian, German, Pakistani) perspectives. It deals with overarching questions, such as whether universal minimum standards of privacy protection can be developed or how regional data protection rights can be safeguarded and enforced extraterritorially, given the conditions of the Internet. Furthermore, the book addresses new challenges and novel rights, e. g., data retention and protection against mass surveillance, the right to be forgotten, rights to anonymity, legal issues of the digital estate or rights relating to algorithmic decision-making. Furthermore, the book explores how well-known paradigms, such as liability for personality rights violations or damages, have to be adapted in view of the significant role of intermediaries.
Book Synopsis An Inquiry into the Existence of Global Values by : Dennis Davis
Download or read book An Inquiry into the Existence of Global Values written by Dennis Davis and published by Bloomsbury Publishing. This book was released on 2015-08-27 with total page 659 pages. Available in PDF, EPUB and Kindle. Book excerpt: The world appears to be globalising economically, technologically and even, to a halting extent, politically. This process of globalisation raises the possibility of an international legal framework, a possibility which has gained pressing relevance in the wake of the recent global economic crisis. But for any international legal framework to exist, normative agreement between countries, with very different political, economic, cultural and legal traditions, becomes necessary. This work explores the possibility of such a normative agreement through the prism of national constitutional norms. Since 1945, more than a hundred countries have adopted constitutional texts which incorporate, at least in part, a Bill of Rights. These texts reveal significant similarities; the Canadian Charter of Rights and Freedoms, for instance, had a marked influence on the drafting of the Bill of Rights for South Africa, New Zealand and Hong Kong as well as the Basic Law of Israel. Similarly, the drafts of Eastern European constitutions reflect significant borrowing from older texts. The essays in this book examine the depth of these similarities; in particular the extent to which textual borrowings point to the development of foundational values in these different national legal systems and the extent of the similarities or differences between these values and the priorities accorded to them. From these national studies the work analyses the rise of constitutionalism since the Second World War, and charts the possibility of a consensus on values which might plausibly underpin an effective and legitimate international legal order.
Book Synopsis Media Law in Brazil by : Clara Iglesias Keller
Download or read book Media Law in Brazil written by Clara Iglesias Keller and published by Kluwer Law International B.V.. This book was released on 2022-10-20 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of competition law and its interpretation in Derived from the renowned multi-volume International Encyclopaedia of Laws, this analysis of media law in Brazil surveys the massively altered and enlarged legal landscape traditionally encompassed in laws pertaining to freedom of expression and regulation of communications. Everywhere, a shift from mass media to mass self-communication has put enormous pressure on traditional law models. An introduction describing the main actors and salient aspects of media markets is followed by in-depth analyses of print media, radio and television broadcasting, the Internet, commercial communications, political advertising, concentration in media markets, and media regulation. Among the topics that arise for discussion are privacy, cultural policy, protection of minors, competition policy, access to digital gateways, protection of journalists’ sources, standardization and interoperability, and liability of intermediaries. Relevant case law is considered throughout, as are various ethical codes. A clear, comprehensive overview of media legislation, case law, and doctrine, presented from the practitioner’s point of view, this book is a valuable time-saving resource for all concerned with media and communication freedom. Lawyers representing parties with interests in Brazil will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative media law.
Book Synopsis Publications by : United States. Department of State. Central Translating Office
Download or read book Publications written by United States. Department of State. Central Translating Office and published by . This book was released on with total page 56 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis ESG nas relações de consumo by : Fabíola Meira de Almeida Breseghello
Download or read book ESG nas relações de consumo written by Fabíola Meira de Almeida Breseghello and published by Editora Singular. This book was released on 2022-11-18 with total page 261 pages. Available in PDF, EPUB and Kindle. Book excerpt: "(...) Cada vez mais os consumidores se preocupam em adquirir produtos e serviços éticos, ou seja, que foram produzidos, anunciados e comercializados a partir dos princípios expostos no Pacto Global. Os produtos e serviços, na nova percepção dos consumidores, levam junto o contexto da sua linha de produção e comercialização. O livro, agora apresentado, enfrenta estes diversos problemas complexos, com análises fundamentadas e, muitas vezes, com sugestões para aprimoramento do próprio sistema. É a ciência cumprindo seu papel de trazer reflexões no intuito de melhorar as relações humanas. São 17 artigos que dão um destaque ao ESG no contexto do Direito das Relações de Consumo. Por óbvio, pela própria formação dos diversos autores – componentes do Comitê de Relações de Consumo do IBRAC (Instituto Brasileiro de Estudos de Concorrência, Consumo e Comércio Internacional) – os artigos enfrentam o universo das responsabilidades empresariais no contexto de uma sociedade de consumo. (...)" Marcelo Gomes Sodré
Author : Publisher :Soffer Publishing ISBN 13 :9518316090 Total Pages :109 pages Book Rating :4.5/5 (183 download)
Download or read book written by and published by Soffer Publishing. This book was released on with total page 109 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis An Alternative Policy for Central America and the Caribbean by :
Download or read book An Alternative Policy for Central America and the Caribbean written by and published by . This book was released on 1983 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: Conference report on obstacles to economic development and political problems in Central America and the Caribbean - examines the regional level role of USA and local level conflicts; proposes regional economic integration, changes in the existing political systems, and the adoption of non-alignment-based foreign policies. List of participants. Map, statistical tables.
