attorney-at-law
- Responsabilidad colectiva contractual y extracontractual en el soft law europeo
- Como organizar o documento com detox law
- Legal design e visual law ? Cases práticos
- Como aplicar o visual law na prática
- Perversion of law (and democracy): six cases/Perversao do direito (e da democracia): seis casos.
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Sexuality, diversity and law: the legal protection of sexual expressions
Os contornos sociais e jurídicos atribuídos aos valores e às expressões da sexualidade humana são alvos de constantes discussões científicas, especialmente quando essa atenção se direciona à diversidade sexual. Em virtude disso, a presente pesquisa teve como finalidade, a partir da revisão bibliográfica e narrativa, investigar a tutela jurídica da sexualidade, sobretudo, a que se relaciona com a...
- Por uma desobediência não-civil para além do direito/For a non-civil disobedience beyond the law.
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Binding precedents in brazil: how common law tradition can help bring stability and coherence
This article was written for the Berger International Speakers lecture given at Cornell University Law School on March 2018. It addresses - for an audience of American and international law students, as well as American law scholars - Brazil’s current state regarding binding judicial precedents, the new Civil Procedure Code, as well as other interesting characteristics of its legal system.Alongsid
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Fontes do direito e circulação de modelos jurídicos: o sistema de precedentes na common law e no novo Código de Processo Civil
O novo Código de Processo Civil normatizou a aplicação dos precedentes jurisprudenciais no direito brasileiro, como uma forma de uniformizar e estabilizar a jurisprudência dos Tribunais. Diante disso, este artigo retorna à origem classificatória do instituto enquanto uma fonte do direito para melhor compreensão de sua estrutura. Em sequência, o trabalho resgata o seu embasamento teórico e...
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As ameaças ao meio ambiente em debate na Columbia Law School
As ameaças ao meio ambiente em debate na Columbia Law School
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On how law is not like chess: Dworkin and the theory of conceptual types
The present article aims to show how the contemporary theoretical legal debate became a methodological debate and how Ronald Dworkin’s thinking holds a central position in this debate. Dworkin arguments that law is an interpretive concept, it requires the establishment of an interpretive attitude towards its object. Thereafter, the analogy between chess and law is misleading and inappropriate,...
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Beyond Invalidation: Unorthodox Forms of Judicial Review of Constitutional Amendments and Constitution-amending Case Law in Colombia
Judicial invalidation of constitutional amendments has garnered the attention of scholars in the last few years. Questions like whether and how a court should quash an amendment are at the forefront of contemporary comparative-constitutional-law and constitutional-theory inquiries. This excessive focus on annulment, however, has neglected some other nonconventional forms of judicial involvement...
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Metropolis law in Brazil: metropolization and the construction of the legal regime of brazilian metropolises
The aim of this paper is to discuss the existence and purposes of a law for the metropolises in Brazil. After having presented some of the challenges of contemporary metropolis, a right to the metropolis is pointed out as a derivative of Lefebvre’s right to the city, amplified in its territorial scale, but retaining the same perspectives. Therefore, the idea of a law for the metropolises must...
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Mind the Gap! Translation of Foreign Law Is Not What You Think
While much legal research involves foreign law and much of foreign law exists in a foreign language, the issue of translation has attracted limited theoretical attention only. In particular, few lawyers are aware of the work issuing from fields like literary criticism, philosophy, or translation studies. Urging acknowledgment and redress of such a serious epistemic deficit, basing itself on a...
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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...
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International environmental law and global environmental governance: southern influences
The purpose of this article when it discusses the southern approaches brought to global governance gets mixed with the addressing of the challenges facing the legal science in harmony with the others sciences to deal with the complex environmental issues of the 21st century. Thinking of a successful international environmental regulation is talking about an effort to understand the need for the...
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International environmental law and global environmental governance: southern influences
The purpose of this article when it discusses the southern approaches brought to global governance gets mixed with the addressing of the challenges facing the legal science in harmony with the others sciences to deal with the complex environmental issues of the 21st century. Thinking of a successful international environmental regulation is talking about an effort to understand the need for the...
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Being right about the law isn't enough, and may not even be relevant: it's your influencing and negotiation skills that make the real difference
Whereas imparting knowledge of the law and its application remains at the heart of legal education, the emergence of Artificial Intelligence technologies is creating a shift in client needs from their lawyers, with a far grater emphasis being placed on their abilities to make best use of the information they hold, particularly in the way that they deploy influencing and negotiation skills to...
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The Self-Regulation of Electronic Commerce: An Appraisal in Accordance to the Chilean Law of Unfair Competition
Purpose - Electronic commerce or e-commerce constitutes a commercial activity on the rise. Although it has many advantages, there are several lingering factors that prevent its consolidation, such as the lack of trust of the potential consumer/user. In order to overcome that obstacle, instruments of self-regulation were created in the field of advertising. Firms that wish to distinguish...
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Unconditional legitimacy of Law: collaboration with the Nazism
The present paper has the objective of discussing one of the greatest critics to legal positivism: the one that says that this theory has "cooperated" with the Nazi regime. This work boards and discusses many critics about positivism, its problems on its many faces, and its oppositions (post-positivism and jusnaturalism), overcoming the superficiality and generality of some of them, through the...
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Revising environmental law through the paradigm of governance
This article analyzes the Brazilian environmental normative production and its lack of effectiveness and efficiency under the dominion of symbolic power. Besides being the environment a common good the ones who have the competence to rule about it are very few public offices. The result is a constrained rule of law unable to encompass the complexity of the environmental challenges, and a lack of...
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Conflictos de intereses y su contención a través de soft law
La definición legal de los conflictos de intereses dista de ser clara. La exigencia ideal de una actuación irreprochable de los funcionarios públicos podría situarse en el registro de cromático del blanco. En el extremo contrario, el funcionamiento defectuoso de esta exigencia, resulta más fácil de percibir mientras se trate de actos de corrupción, o de tráfico de influencias. Tales...
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Interpreting Law: democracy and decision procedures
This paper states the relationship between one’s conceptions of democracy and specific decision procedures that take place in contemporary western States. In order to do so, this work is based on the conflicting ideas of two authors, Ronald Dworkin and Jeremy Waldron. What these philosophers have in common is that both share the same meta-theory of law, purporting to explain existence of...
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The sustainable development goals and international environmental law: normative value and challenges for implementation
This article explores the implications for international environmental law of the adoption of the Sustainable Development Goals (SDGs), which occurred at the 2015 United Nations Sustainable Development Summit. Following a summary of the main outcomes of the Summit, the paper evaluates the process and vision of the SDGs against both the Millennium Development Goals (MDGs) and the past efforts of...
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Building sustainability into agricultural supply chains: what role for private international law?
This article considers certain private international law (PIL) instruments and how these might be used effectively to achieve greater sustainability in agricultural supply chains. After an overview of key concepts in sustainability, supply chains and the broader interpretation of PIL, investigation is made into the use of PIL as an immediate measure to keep supply chains open during crises such...