attorney-at-law
- Contribuicoes de Merkl a Teoria Pura do Direito/Merkl's contributions to the pure theory of law.
- Sobre o Direito, a especificidade da esfera estatal e a determinação em última instância em Friedrich Engels/On Law, the specificity of state sphere and economic determination on Friedrich Engels.
- O sistema juridico para aplicar o direito, segundo Canaris/The legal system to apply the law, according to Canaris.
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Universal International Law? a challenge and a contribution from the peoples in the South
This article explores the role of the Third World in international legal affairs vis-à-vis post-colonial readings of the history of the discipline. It sets of by examining the liberal legacy in present International Law to propose a critical survey of the methodological aspects of historical approaches to the field, namely historicism. It develops an argument according to which the Third World...
- Law of the common in Canudos/Direito do comum em Canudos.
- Direito e Marxismo: e possivel uma emancipacao pelo direito?/Law and Marxism: is it possible an emancipation by law?
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Validity and time of contractual obligations arising from compensation in Iran and British Law
Three ways to enforce the same obligation are to terminate and pay damages in respect of the guarantee of contravening contractual obligations in common legal systems, although the primacy of these compensatory methods varies from one to another in each system. In England, four types of damages are foreseen for breach of contractual obligations: compensatory or remedial damages, recovery or...
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Pointing out the false autonomy of Brazilian municipalities: the 'quality of the Federation' drawn by the Rule of Law and its impact on promoting the common good
This paper addresses the problem of promoting the common good at the local governments. To demonstrate how Law should be seen primarily to a positive task (human flourishing), and to show how enaction and implementation of rights are strictly connected, it is presented the hypothesis in which the “quality of the Federation” (arrangement of competences, goods and incomes drawn in a Federal Rule of
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'Hard law' e 'soft law': a formação do direito internacional ambiental
Hard law e soft law: a formação do direito internacional ambiental
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Law and democracy between political paradigms in conflict
The research intends to discuss in this "special workshop" the resulting conflict expressed, on one hand, by liberal doctrines, and on the other hand, by communitarian doctrines in the conformation of sociopolitical order. From this conflict derives a series of questions about cultural pluralism and democracy, as well as it is translated into several controversial issues related to human rights.
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Communicational Theory of Law and tax computerization
This work intends to show that computerized processes used by the Brazilian tax authorities may, and must, be analyzed in light of Communicational Theory of Law, since messages are poured in texts and their linguistic approach surely has to be the appropriate. And to test the applicability of this theory in terms of tax computerization, we opted for the Nota Fiscal Eletrônica system, real...
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Inferencialist Pragmatism and Dworkin's 'Law as Integrity
The paper aims at justifying an interpretation of Dworkin’s theory of Law as Integrity that brings it closer to philosophical pragmatism despite his rejection of legal pragmatism. In order to achieve this aim, this work employs a classification of philosophical commitments that define pragmatism in a broad and in a narrow sense, and shows that legal pragmatism follows the main thinkers of...
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Normatividade imperial, law shopping e empresas transnacionais: como ficam os direitos humanos!?
O presente trabalho se propõe analisar e compreender a relação entre a constituição de uma nova normatividade “imperial”, a ação das empresas transnacionais e a utilização sistemática do law shopping por essas empresas. A partir da construção de uma nova normatividade que se origina a partir das normas técnicas e de gestão (standards e indicadores) que passam a instituir novas ordens normativas...
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The influence of andean constitutionalism on the formation of a new agroecological paradigm for law
In the Anthropocene, increasingly complex problems affect modern societies. The triple burden of malnutrition and food insecurity are some examples of problems that illustrate the failure of modern agriculture and its associated production model. In this sense, this article seeks to outline the influence and some contributions of the Andean Constitutionalism to the formation and consolidation of...
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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
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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
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Latin american constitucionalism: comparative law study on popular participation for urban land planning
The article studies Constitutional Law, wielding the comparative law analysis of some of the current Latin American Constitutions, concerning the verification of normative forecast of popular participation as an instrument of democratic management in urban land planning. Based on the Latin American Constitutionalism situation as an evolutionary constitutional movement resulted from the...
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Agenda 2030 measurements and finance. Interaction of international investment law and sustainability
This work analyzes the Agenda 2030 in its main potentiality to lead public policies and private actions towards a more sustainable path. At the same time it acknowledges its dependency on measurementsand finance mechanisms for the Sustainable Development Goals implementation. The main argument is that public expectations face difficulties to be translated in public actions, due to,among other...
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«Díke» o «Bía»? Dalla 'hard law' alla 'soft law': una breve riflessione sull'impatto di neo-liberismo e neo-liberalismo sulle fonti del diritto
Contesto: Nell’ottica di osservare la progressiva - e attualmente incalzante - dissoluzione delle entità statuali come epicentro e baricentro di sistemi produttivi autoctoni e di sedi politico-decisionali sovrane, il neo-liberismo (quale ideologia e agenda economico-finanziaria) e il neo-liberalismo (quale corrispondente ideologia e agenda politica) assumono la connotazione di fenomeni complessi.
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Vulnerability and the (disability) law. Status, challenges and promises of a controversial category
Despite the increasing confidence in the transformative potential of the concept of "vulnerability", its juridical use is still susceptible of producing some exclusionary consequences: the interchangeable use of terms "vulnerable", "weak" and "fragile" referred to groups whose members are intended to need a special protection, is likely to have a "labelling-effect" on those who take part to some...
- Corporate governance and the financial crisis: the new paradigm of the rule of law after the collapse
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China's artificial islands in the south China sea: geopolitics versus rule of law
China’s construction of artificial islands during last few years has raised concerns about militarisation of the South China Sea threatening stability and security for littoral countries. China claims over 80 per cent of the South China Sea and it is building landing and garrison facilities over geographical features classified as rocks and coral reefs. China's claims are grounded on their...
- Communicational Theory of Law and topology of juridical legitimacy
- Law under Fascim: Fascism anarchy of the monopolistic bourgeois power
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The Law of Obligations, de Reinhard Zimmermann, terá versão em português
The Law of Obligations ganhará versões em português