Controle Jurisdicional De Politicas Publicas No Processo Coletivo

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Controle jurisdicional de políticas públicas no processo coletivo

Author : Willian Alves de Souza
Publisher : Editora Dialética
ISBN 13 : 6525291828
Total Pages : 182 pages
Book Rating : 4.5/5 (252 download)

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Book Synopsis Controle jurisdicional de políticas públicas no processo coletivo by : Willian Alves de Souza

Download or read book Controle jurisdicional de políticas públicas no processo coletivo written by Willian Alves de Souza and published by Editora Dialética. This book was released on 2023-09-26 with total page 182 pages. Available in PDF, EPUB and Kindle. Book excerpt: A obra busca verificar se o microssistema processual coletivo disponibiliza instrumentos suficientes e eficazes para que o Poder Judiciário consiga, dentro de um controle de políticas públicas, concretizar de forma efetiva o direito fundamental à educação no âmbito municipal. Para tanto, aborda as principais características do neoconstitucionalismo realizando o estudo do direito fundamental social à educação, consistente no debate jurídico sobre sua eficácia e aplicabilidade. Realiza a análise das políticas públicas de educação e o impacto que as escolhas discricionárias do administrador causa no orçamento público por meio das leis orçamentárias para, em seguida, trabalhar a teoria da reserva do possível quando do impacto orçamentário das políticas públicas educacionais. Adiante, trata do controle jurisdicional de políticas públicas tendo como parâmetro o processo estrutural, demonstrando a diferença entre judicialização da política e ativismo judicial, bem como a inexistência de violação ao princípio da interdependência entre os poderes e à discricionariedade administrativa. Ao final, aponta os instrumentos do processo coletivo para efetivação judicial das políticas públicas de educação nos Municípios. Conclui que existem mecanismos suficientes e eficazes para dar efetividade à decisão judicial que determina ao Poder Público a formulação e implementação de políticas públicas para prestação adequada do direito fundamental à educação municipal.

Controle jurisdicional de políticas públicas

Author : Paulo Sérgio Duarte da Rocha Júnior
Publisher :
ISBN 13 :
Total Pages : 134 pages
Book Rating : 4.:/5 (246 download)

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Book Synopsis Controle jurisdicional de políticas públicas by : Paulo Sérgio Duarte da Rocha Júnior

Download or read book Controle jurisdicional de políticas públicas written by Paulo Sérgio Duarte da Rocha Júnior and published by . This book was released on 2008 with total page 134 pages. Available in PDF, EPUB and Kindle. Book excerpt: (continuação)controle dos poderes públicos pelo Ministério Público, no amplo objeto das ações coletivas no modelo brasileiro e no reconhecimento da existência de um processo civil de interesse público. A distribuição dinâmica do ônus da prova tem virtude de, durante a instrução processual, atribuir o ônus da prova a quem melhor tiver condições de fazer a prova do fato. Considerando que a base fática que cercam as políticas públicas e as possíveis conseqüências de seu controle pode ser muito complexa, a distribuição dinâmica do ônus da prova permite um julgamento com melhor conhecimento da realidade passada e futura, permitindo um julgamento mais democrático e com mais chances de êxito em seu cumprimento. Os arts. 461, e 475-1, caput, todos do Código de Processo Civil são dispositivos com razoável grau de abertura, permitindo, na fase de execução, a adoção de medidas que podem tomar faticamente exeqüíveis decisões que tratam do controle jurisdicional de políticas públicas, conciliando as circunstâncias peculiares que cercam o poder público com a efetividade do direito material reconhecido.

Class Actions in Europe

Author : Alan Uzelac
Publisher : Springer Nature
ISBN 13 : 3030730360
Total Pages : 400 pages
Book Rating : 4.0/5 (37 download)

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Book Synopsis Class Actions in Europe by : Alan Uzelac

Download or read book Class Actions in Europe written by Alan Uzelac and published by Springer Nature. This book was released on 2021-06-23 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: Not so long ago, class actions were considered to be a textbook example of American exceptionalism; many of their main features were assumed to be incompatible with the culture of the civil law world. However, the tide is changing; while there are now trends in the USA toward limiting or excluding class actions, notorious cases like Dieselgate are moving more and more European jurisdictions to extend the reach of their judicial collective redress mechanisms. For many new fans of class actions, collective redress has become a Holy Grail of sorts, a miraculous tool that will rejuvenate national systems of civil justice and grant them unprecedented power. Still, while the introduction of various forms of representative action has virtually become a fashion, it is anything but certain that attempting to transplant American-style class action will be successful. European judicial structures and legal culture(s) are fundamentally different, which poses a considerable challenge. This book investigates whether class actions in Europe are indeed a Holy Grail or just another wrong turn in the continuing pursuit of just and effective means of protecting the rights of citizens and businesses. It presents both positive and critical perspectives, supplemented by case studies on the latest collectivization trends in Europe’s national civil justice systems. The book also shares the experiences of some non-European jurisdictions that have developed promising hybrid forms of collective redress, such as Canada, Brazil, China, and South Africa. In closing, a selection of topical international cases that raise interesting issues regarding the effectiveness of class actions in an international context are studied and discussed.

Access to Justice in Brazil

Author : André Luis Machado de Castro
Publisher :
ISBN 13 : 9788593902017
Total Pages : 140 pages
Book Rating : 4.9/5 (2 download)

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Book Synopsis Access to Justice in Brazil by : André Luis Machado de Castro

Download or read book Access to Justice in Brazil written by André Luis Machado de Castro and published by . This book was released on 2017 with total page 140 pages. Available in PDF, EPUB and Kindle. Book excerpt: La 4e de couverture indique : "During the second half of the twentieth century there was a broad expansion and development of legal aid mechanisms, especially in the main industrialized democracies of the western world. Amongst all of these examples, one notes the legal aid scheme established in England & Wales, that attained its peak at the end of the 70's and the beginning of the 80's of the last century. However, beginning in the 90's and in the first two decades of the 21st century, in the majority of countries that had otherwise possessed legal aid systems thought to be "advanced", the scenario has been one of regression and a cutting of the provision of services, with severe restrictions in terms of funding and support. In contrast to these scenarios, some underdeveloped and developing nations, such as in the case of Brazil, are experiencing a continuous process of expansion and consolidation of legal aid services subsidized by the state. Specifically in the Brazilian case, beyond the quantitative growth, one also sees a process of instituting a very particular model, in certain respects sui generis, of public service legal aid through a public defender system. It is a model that is also being consolidated in various other countries in Latin America, and which has awoken interest in the academic world. In this study a brief analysis on the Brazilian legal aid will be made, analyzing its virtues and deficiencies."

Goals of Civil Justice and Civil Procedure in Contemporary Judicial Systems

Author : Alan Uzelac
Publisher : Springer Science & Business Media
ISBN 13 : 331903443X
Total Pages : 262 pages
Book Rating : 4.3/5 (19 download)

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Book Synopsis Goals of Civil Justice and Civil Procedure in Contemporary Judicial Systems by : Alan Uzelac

Download or read book Goals of Civil Justice and Civil Procedure in Contemporary Judicial Systems written by Alan Uzelac and published by Springer Science & Business Media. This book was released on 2014-01-11 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a collection of papers that address a fundamental question: What is the role of civil justice and civil procedure in the various national traditions in the contemporary world? The book presents striking differences among a range of countries and legal traditions, but also points to common trends and open issues. It brings together prominent experts, professionals and scholars from both civil and common law jurisdictions. It represents all main legal traditions ranging from Europe (Germanic and Romanic countries, Scandinavia, ex-Socialist countries) and Russia to the Americas (North and South) and China (Mainland and Hong Kong). While addressing the main issue – the goals of civil justice – the book discusses the most topical concerns regarding the functioning and efficiency of national systems of civil justice. These include concerns such as finding the appropriate balance between accurate fact-finding and the right to a fair trial within a reasonable time, the processing of hard cases and the function of civil justice as a specific public service. In the mosaic of contrasts and oppositions special place is devoted to the continuing battle between the individualistic/liberal approach and the collectivist/paternalistic approach – the battle in which, seemingly, paternalistic tendencies regain momentum in a number of contemporary justice systems.

Public Policy Analysis

Author : Peter Knoepfel
Publisher : Policy Press
ISBN 13 : 1847429041
Total Pages : 348 pages
Book Rating : 4.8/5 (474 download)

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Book Synopsis Public Policy Analysis by : Peter Knoepfel

Download or read book Public Policy Analysis written by Peter Knoepfel and published by Policy Press. This book was released on 2011 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is an English version of a text on public policy analysis originally written for practitioners in Switzerland and France. It presents a model for the analysis of public policy and includes examples of its application in everyday situations. This English version introduces supplementary illustrations and examples from the United Kingdom.

Corrupt Cities

Author :
Publisher : World Bank Publications
ISBN 13 : 9780821346006
Total Pages : 180 pages
Book Rating : 4.3/5 (46 download)

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Book Synopsis Corrupt Cities by :

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.

"Good Cops Are Afraid"

Author : Cesar Muñoz Acebes
Publisher :
ISBN 13 : 9781623133726
Total Pages : 109 pages
Book Rating : 4.1/5 (337 download)

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Book Synopsis "Good Cops Are Afraid" by : Cesar Muñoz Acebes

Download or read book "Good Cops Are Afraid" written by Cesar Muñoz Acebes and published by . This book was released on 2016 with total page 109 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Principles for Building Resilience

Author : Reinette Biggs
Publisher : Cambridge University Press
ISBN 13 : 110708265X
Total Pages : 317 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Principles for Building Resilience by : Reinette Biggs

Download or read book Principles for Building Resilience written by Reinette Biggs and published by Cambridge University Press. This book was released on 2015-04-02 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reflecting the very latest research, this book provides an in-depth review of the role of resilience in the management of social-ecological systems and the ecosystem services they provide. Leaders in the field outline seven principles for building resilience in social-ecological systems, examining how these can be applied to advance sustainability.

When Experiments Travel

Author : Adriana Petryna
Publisher : Princeton University Press
ISBN 13 : 1400830826
Total Pages : 271 pages
Book Rating : 4.4/5 (8 download)

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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.

Will to Live

Author : João Biehl
Publisher : Princeton University Press
ISBN 13 : 0691143854
Total Pages : 480 pages
Book Rating : 4.6/5 (911 download)

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Book Synopsis Will to Live by : João Biehl

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.

The Judicialization of Politics in Latin America

Author : Rachel Sieder
Publisher : Springer
ISBN 13 : 1137108878
Total Pages : 314 pages
Book Rating : 4.1/5 (371 download)

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Book Synopsis The Judicialization of Politics in Latin America by : Rachel Sieder

Download or read book The Judicialization of Politics in Latin America written by Rachel Sieder and published by Springer. This book was released on 2016-04-30 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: During the last two decades the judiciary has come to play an increasingly important political role in Latin America. Constitutional courts and supreme courts are more active in counterbalancing executive and legislative power than ever before. At the same time, the lack of effective citizenship rights has prompted ordinary people to press their claims and secure their rights through the courts. This collection of essays analyzes the diverse manifestations of the judicialization of politics in contemporary Latin America, assessing their positive and negative consequences for state-society relations, the rule of law, and democratic governance in the region. With individual chapters exploring Argentina, Brazil, Chile, Colombia, Costa Rica, Mexico, Peru and Venezuela, it advances a comparative framework for thinking about the nature of the judicialization of politics within contemporary Latin American democracies.

Patrons, Clients and Policies

Author : Herbert Kitschelt
Publisher : Cambridge University Press
ISBN 13 : 0521865050
Total Pages : 344 pages
Book Rating : 4.5/5 (218 download)

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Book Synopsis Patrons, Clients and Policies by : Herbert Kitschelt

Download or read book Patrons, Clients and Policies written by Herbert Kitschelt and published by Cambridge University Press. This book was released on 2007-03-29 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: A study of patronage politics and the persistence of clientelism across a range of countries.

Policing Dissent

Author : Luis Fernandez
Publisher : Rutgers University Press
ISBN 13 : 0813544742
Total Pages : 207 pages
Book Rating : 4.8/5 (135 download)

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Book Synopsis Policing Dissent by : Luis Fernandez

Download or read book Policing Dissent written by Luis Fernandez and published by Rutgers University Press. This book was released on 2008-02-04 with total page 207 pages. Available in PDF, EPUB and Kindle. Book excerpt: In November 1999, fifty-thousand anti-globalization activists converged on Seattle to shut down the World Trade Organization’s Ministerial Meeting. Using innovative and network-based strategies, the protesters left police flummoxed, desperately searching for ways to control the emerging anti-corporate globalization movement. Faced with these network-based tactics, law enforcement agencies transformed their policing and social control mechanisms to manage this new threat. Policing Dissent provides a firsthand account of the changing nature of control efforts employed by law enforcement agencies when confronted with mass activism. The book also offers readers the richness of experiential detail and engaging stories often lacking in studies of police practices and social movements. This book does not merely seek to explain the causal relationship between repression and mobilization. Rather, it shows how social control strategies act on the mind and body of protesters.

Legal standards on freedom of expression

Author : Singh, Avani
Publisher : UNESCO Publishing
ISBN 13 : 9231003011
Total Pages : 218 pages
Book Rating : 4.2/5 (31 download)

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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:

Urban Claims and the Right to the City

Author : Julian Walker
Publisher :
ISBN 13 : 9781013295461
Total Pages : 250 pages
Book Rating : 4.2/5 (954 download)

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Book Synopsis Urban Claims and the Right to the City by : Julian Walker

Download or read book Urban Claims and the Right to the City written by Julian Walker and published by . This book was released on 2020-10-09 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: Urban Claims and the Right to the City explores how contested processes of urban development, and the rights of city dwellers, are understood and interpreted from the perspective of women and men working, in different ways, at the grassroots in Salvador da Bahia, Brazil, and London, UK. In doing so, it represents the grounded voices of authors whose work and lives mean that they engage, on a daily basis, with issues related to housing and spatial rights, and identity struggles around race, gender, disability, sexuality, citizenship and class. This work was published by Saint Philip Street Press pursuant to a Creative Commons license permitting commercial use. All rights not granted by the work's license are retained by the author or authors.

The Platform Society

Author : José van Dijck
Publisher : Oxford University Press
ISBN 13 : 0190889799
Total Pages : 339 pages
Book Rating : 4.1/5 (98 download)

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Book Synopsis The Platform Society by : José van Dijck

Download or read book The Platform Society written by José van Dijck and published by Oxford University Press. This book was released on 2018-10-02 with total page 339 pages. Available in PDF, EPUB and Kindle. Book excerpt: Individuals all over the world can use Airbnb to rent an apartment in a foreign city, check Coursera to find a course on statistics, join PatientsLikeMe to exchange information about one's disease, hail a cab using Uber, or read the news through Facebook's Instant Articles. The promise of connective platforms is that they offer personalized services and contribute to innovation and economic growth, while bypassing cumbersome institutional or industrial overhead. In The Platform Society, Van Dijck, Poell and De Waal offer a comprehensive analysis of a connective world where platforms have penetrated the heart of societies-disrupting markets and labor relations, circumventing institutions, transforming social and civic practices and affecting democratic processes. This book questions what role online platforms play in the organization of Western societies. First, how do platform mechanisms work and to what effect are they deployed? Second, how can platforms incorporate public values and benefit the public good? The Platform Society analyzes intense struggles between competing ideological systems and contesting societal actors-market, government and civil society-raising the issue of who is or should be responsible for anchoring public values and the common good in a platform society. Public values include of course privacy, accuracy, safety, and security, but they also pertain to broader societal effects, such as fairness, accessibility, democratic control, and accountability. Such values are the very stakes in the struggle over the platformization of societies around the globe. The Platform Society highlights how this struggle plays out in four private and public sectors: news, urban transport, health, and education. Each struggle highlights local dimensions, for instance fights over regulation between individual platforms and city governments, but also addresses the level of the platform ecosystem as well as the geopolitical level where power clashes between global markets and (supra-)national governments take place.