judiciary
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Supreme Court will weigh in on major points of labor reform
2020 will be a decisive year for validating the labor reform in the judiciary. The Federal Supreme Court (STF) scheduled for the first half the trial of some of the main points of Law No. 13,467 of 2017 ... The agenda on May ...
- Pesticide and socio-environmental law: understanding of brazilian Supreme Court
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Regulatory State and Judicial Decisions in Telecommunications in Mexico
Purpose - To assess the role of the judiciary in defining the Regulatory State and in regulating telecommunications in Mexico after almost 5 years of the creation of an independent regulator for telecommunications and broadcasting (Instituto Federal de Telecomunicaciones) with authority in antitrust matters. Methodology/approach/design - To identify the most relevant judicial decisions in...
... Submitted : 15/02/2018 ... Revised : 13/03/2018 Accepted : 14/03/2018 ... Abstract ... Purpose – To assess the role of the judiciary in defining the Regulatory State and in regulating telecommunications in Mexico after almost 5 years of the creation of an independent regulator for ... -
Companies go to court against cartels
Companies have increasingly resorted to the Judiciary to try to recover losses suffered from the action of cartels and other illegal practices of competition. A survey carried out by the The Brazilian ...
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Right to the city as a condition to the effectiveness of social rights: the possibility of judicial activism and public space
The efficiency of the social rights is connected to the complexity of development policies, what presupposes public choices. These choices might not be connected to the local demands. It is in the city, by its temporal and spatial dynamics, the first space of effectuation of social rights. According to this view, the government policies of development might not consider the local demands about...
... Given this context, it is put to the Judiciary the challenge of being a public space of claim for local demands, being required from it the taking of political decisions by the legal basis of the ... -
The position of judicial oversight of judicial independence in contemporary legal systems
In the political systems of nations, independence from the political pressure exerted by government officials and legislators guarantees the impartiality of judges. Thus, the power of judges to review public law and to violate the constitution by them acts as a fundamental obstacle to the possible abuse of power by the state. This power requires the courts to be independent and able to make their
... Administrative and institutional independence of the judiciary has never been a matter of purpose and has not been an inherent matter, but has been a means of securing the independence of the judge. Because the ... -
Features of the relationship of judges and chairman of courts in the Russian Federation
The issue of ensuring the real independence of the court is a multidimensional one, and perhaps this is really an area, in which it is impossible to solve all problems at once, by adopting one single (albeit very thoughtful) law. This is an area in which translational movement is a necessary component of success. In any case, it is difficult to argue with the fact that the quality of the judicial
... these provisions of the law. Based on the review results, it is concluded that the most optimal way to ensure the independence of the judiciary in the Russian Federation is the real irremovability of judges when they are appointed without limiting the term of office, provided that a ... -
The axiology of the sustainable logistics plan of the courts for society
The objective of this article is to analyze the Sustainable Logistics Plan advocated in the Brazilian Judiciary as an effective public policy in the parameter of the Social and Environmental Law. For that, the qualitative and explanatory approach based on the analysis of bibliographical data from scientific articles, books and standards was used, whose title or theme was a Sustainable Logistics...
... ABSTRACT ... The objective of this article is to analyze the Sustainable Logistics Plan advocated in the Brazilian Judiciary as an e൵ective public policy in the parameter of the Social and Environmental Law. For that, the qualitative and explanatory approach based on the ... -
The judicial activism as an evidence of the fragility of fundamental rights towards the Weberian political-administrative system
... of rights and their recognition as fundamental rights led to the questioning of legislative omissions and policies by the Judiciary Power, which is being accused of activism and exacerbation of its duties while making decisions to correct policies and to supply those omissions, ...
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The Role of the Judicial Branch in Brazilian Rule of Law Erosion
The rule of law is the central milestone of modern democratic states. There is a gap, however, between what is on the constitutional texts and the lived-in world. The scholars use to concentrate their focus on the Executive Branch’s role (and, sometimes, of Legislative Power) in situations of disregard of the Constitution. However, we chose to target the Judicial Branch and its decisions as...
... Rev. Investig. Const. , Curitiba, vol. 8, n. 3, p. 731-769, set./dez. 2021 ... ENEIDA DESIREE SALGADO | EMERSON GABARDO ... Judiciary started to play a crucial role in this process by assuming a populist bias and carrying out common law-fare practices – which can be well ... -
Does Brazil need a notwithstanding clause?
In the last decade, Brazilian Supreme Court has been playing a very important role in the democratic process, raising concerns on judicial activism and on the so-called “juristocracy”. One of the ideas that comes up to tackle those issues is the adoption of a Canadian-style notwithstanding clause. Revolving the notwithstanding clause features and its practical exercise in Canada, the paper...
... It also demonstrates that such a constitutional instrument would not help the improvement of institutional dialogues between the judiciary and legislative branches nor effectively remedy hints of judicial activism ... Keywords: judicial review; notwithstanding clause; judicial ... -
Supreme Court to "uphold" judicial authority, asserts Barroso
... de Moraes’s orders regarding profile blocks on the platform, Chief Justice Luís Roberto Barroso has come forward in defense of the judiciary’s actions. In a statement that did not directly mention Mr. Musk or his company, Mr. Barroso declared on Monday that "any entity operating within ...
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Brazil’s new chief justice calls for dialogue
... Barroso called for dialogue upon taking office Thursday as Brazils new chief justice with the challenge of resolving frictions between the Judiciary branch and Congress. He said that in a democracy, one branch of government cannot be hegemonic over another. In his first speech as head of the ...
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For Congressional leaders, ending crisis is up to Electoral Justice
... opposed to President Jair Bolsonaro took to the streets and defied the pandemic for the first time Sunday, leading lawmakers believe the judiciary holds the key to ending the turmoil. They believe that putting an end to the crisis means deepening the investigation on the fake news dissemination ...
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Administrative reform spares elite of public servants
... sent its proposal for administrative reform to Congress on Thursday, excluding groups of the public service elite and members of the judiciary, legislature and Prosecution Service from its effects. The military was also left out of the proposal, which, among other things, limits job ...
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Government prepares bill to regulate social media
Leaders in the Executive and Judiciary branches of government agree on the need to regulate social media in order to combat misinformation and advocate for a greater accountability from ...
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Government rushes to defuse fiscal time bomb
The Lula administration’s legal counsel staff will establish a task force to address a "fiscal time bomb" formed by IOUs issued by the judiciary branch, known as precatórios, which concerns the Treasury and Budget secretaries, Valor has learned ... Following a recent victory in Brazil’s ...
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The right to justification and the Rule of Law: towards a 'justifiable' legal argumentation theory
The fundamental core of moral rights is far from being an undisputed matter among philosophers and scholars in general. Here, I intend to show a possible interpretation of moral rights as having a common ground: the right to justification. The whole construction of this argument relies upon Rainer Forst’s book: The Right to Justification. In the mentioned book, the author defends that the content
Special Workshop: The political activity of judiciary • 751 ... The right to justification and the Rule of Law: ... Towards a “justifiable” legal argumentation theory ... Rafael Cascardo ... -
The use of scientific arguments: thinking like an expert
This article aims to show the problem of the use of scientific arguments by the Judiciary. The centerpiece is the Brazilian Supreme Court, which has adopted the practice of public hearings, facing the hearing of experts.
... Margarida Lacombe Camargo1Abstract: This article aims to show the problem of the use of scientific arguments by the Judiciary. The centerpiece is the Brazilian Supreme Court, which has adopted the practice of public hearings, facing the hearing of experts ... Keywords: ... -
A legalidade do DDI - Due Diligence de Integridade da PETROBRAS com base na doutrina da Multi-level governance
... - PETROBRAS, as well as to analyze the judiciary decisions about its application and to examine the legality of the procedure based on the doctrine of multi-level governance ...
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Real risk for Lula is not in the streets
... it clear that the opposition to be forged against the Lula administration in the first moment will be far from Congress, the leaders of the Judiciary branch, and the international community.Mr. Lulas first contacts in Braslia and at the conference in Sharm El Sheik showed that, at the very least, ...
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The role of procedural dialogue in the democratic system and the risks of judgment standardization in Brazilian Law
In the last decades, the Brazilian Judiciary has faced a large increase in its demand, and has shown its inability to live up to the expectations of its service users, revealing the inadequacy and failure of its administrative structure to timely process and adjudge suits. Given this context, proposals have been presented to accelerate proceedings, proposals that have in common the emphasis on...
... Flávia Almeira Pita 1 Abstract: In the last decades, the Brazilian Judiciary has faced a large increase in its demand, and has shown its inability to live up to the expectations of its service users, revealing the inadequacy ... -
Ministry of Planning sees IOUs as a primary expense, not under spending ceiling
... (MPB) let their disagreement on one point come to light: how to solve the "time bomb" of registered warrant payments (IOUs issued by the judiciary branch)a problem that has been growing and, if nothing is done, will leave a stock of R$250 billion to pay in 2027. Sources reveal that the Ministry ...
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Remarks on disciplinary liability of a retired judge. Selected comparative considerations
The problems of the judiciary, in some countries, seem to have recently become an important dilemma of constitutional law. One such issue is the issue of retired judges, who at the end of their judicial careers still remain judges, but in a retired state. This raises a wide range of issues, including the proper conduct and behaviour of such judges. Under the rules of many countries in force in...
... ABSTRACT: The problems of the judiciary, in some countries, seem to have recently become an important dilemma of constitutional law. One such issue is the issue of retired ... -
Environmental infringements disputes solutions in Brazil and canada
The purpose of this paper is to verify some possibilities applicable in Brazil and Canada, with literature review from both countries, in which the peaceful settlement of disputes is used in the solution of environmental conflicts. The question that arises is whether the two countries apply this formula in order to make a proper justice and whether laws are in accordance with that purpose. In...
... Canada also allows the provinces the power to facilitate this practice in order to assist the Judiciary to establish justice more specialized. This research is based on Canadian experiences that are compatible with the Brazilian legal system, and that ...