judiciary
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Chief justice defends electoral system amid Bolsonaro’s attacks
Federal Supreme Court Chief Justice Luiz Fux used his speech at the return from the judiciary recess to defend the Brazilian electoral system. He also said he hopes that the October elections will take place "without incident.""On behalf of ...
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Supreme Court greenlights payment of judicial bonds this year
The Federal Supreme Court authorized the government to pay IOUs issued by the judiciary branch regarding federal debts via extraordinary credit, keeping them outside the fiscal rules. The decision was taken by 9 votes in favor of the ...
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Paranapanema files for bankruptcy protection, lists R$450m debt
... of R$450 million, copper products manufacturer Paranapanema and two subsidiaries filed for bankruptcy protection on Wednesday in the 1st Judiciary Administrative Region of So Paulo. With this, the company seeks protection to overcome another financial crisis.According to a statement issued on ...
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Paranapanema files for bankruptcy protection, lists R$450m debt
... of R$450 million, copper products manufacturer Paranapanema and two subsidiaries filed for bankruptcy protection on Wednesday in the 1st Judiciary Administrative Region of So Paulo. With this, the company seeks protection to overcome another financial crisis.According to a statement issued on ...
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The indirect polluter and civil environmental liability for precedent damages
Indirect polluter, one that causes environmental degradation indirectly, has been at the center of some discussions on environmental tort law cases, it has been sued even when the environmental damage precedes his conduct. Especially those who acquire forest product by Forest Origin Document (FOD) ideologically false have been targets of uncritical environmental liability. This article seeks to...
... (FOD) and that have been the targets of uncritical liability by the environmental agencies, the Public Prosecutor’s Office and even the Judiciary. It was verified that in order to process the purchaser of charcoal with ideologically false FOD, it is necessary to prove that there was knowledge ... -
Once and for all: when the government conciliates citizens' claims
... To that end, it may or may not, depending on the jurisdiction, require the judiciary’s endorsement in order to constitute the functional equivalent of a judgment. U.S. and civil-law principles of preclusion bar a subsequent suit ...
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Yugoslav Literature under (Il) Legal Censorship: 1945-1990
The main aim of this paper is to discuss the legal framework and the actual practices through which the Communist regime attempted to control Yugoslav literary production. Agitprop’s role as a "prime censor" of the regime will be examined together with its centralisation of the control system over the publishing industry. The development of legal solutions and the role of judiciary in support of...
... The development of legal solutions and the role of judiciary in support of the control of the circulation of ideas in the society and legislative confinement of the influence of writers whose literary ... -
Fundamental social rights and existenzminimum
While fundamental individual rights are unquestionably taken as subjective rights, the same does not happen with fundamental social rights. If they are subjective rights, they are justiciable. The main argument in favor of this understanding is based on liberty. The main argument against is the so called formal argument. In this article, fundamental social rights are stated as prima facie...
... proof of state’s economical incapability; the prohibition of State’s will; the principles of legality and of the non-obviation of Judiciary jurisdiction; the Existenzminimun untouchable guarantee ... Keywords: Prima facie subjective rights; Justiciability; Human dignity ... I ... -
Judicial process, jurisdiction and the tension between Constitutionalism and Democracy
... Special Workshop: The political activity of judiciary • 775 ... the books examine the opinion of a number of authors, until the most modern design is reached, from which a range of features and ...
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Os limites da ação do poder judiciário na tutela das pretensões ao fornecimento gratuito de medicamentos de alto custo
O trabalho tem por objetivo assinalar quais os limites da ação do Poder Judiciário brasileiro na tutela das pretensões individuais ao fornecimento gratuito de medicamentos pelo Poder Público. Parte-se da análise da estrutura, eficácia e efetividade das normas constitucionais, contrastando as conclusões alcançadas com a teoria do mínimo existencial e o princípio da máxima efetividade dos direitos...
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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
... Considering these limitations, I will try to show how the Legislative and the Judiciary could act in harmony to enforce this right and to help each other in a synergic manner. To justify the application of the moral notion of the right ... -
Modern testimony hearing in virtual space
The judiciary, as one of the main driving powers in any country, has got some addressees who expect it meet their needs. These addressees, either those who directly and actually play roles in a case or those who are influenced by judicial decisions, expect the best performance in the shortest time using modern methods and sciences specifically in terms of testimony, which is unfortunately...
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Morosidade do poder judiciário: prioridades para a reforma
Aborda sobre a explosão de litigiosidade ocorrida no Brasil a partir da atual Constituição Federal, que levou ao ponto culminante o problema da morosidade da prestação jurisdicional. Enfatiza o despertar da sociedade brasileira para a realidade da estrutura do sistema judicial, que gerou a necessidade de reforma do Judiciário. Destaca reformas...
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O Estado Social Democrático de Direito no Brasil e a assistência jurídica integral e gratuita - The Democratic Social State of Right in Brazil and the integral and free juridical attendance
O artigo versa sobre a importância da assistência jurídica integral e gratuita ao hipossuficiente, em nível constitucional, deduzindo que a garantia pétrea em questão é, no Brasil, base de sustentação do Estado Social Democrático de Direito, irradiando efeitos sobre vários princípios constitucionais, a saber: isonomia, dispositivo, devido processo legal, contraditório e ampla defesa. No mesmo...
... Finally, it is concluded by the need of a concentrated effort of the constituted powers: Executive, Judiciary and Legislative, for real implementation of the warranty above-mentioned in favor of the Brazilian society, so that, in fact, we can accomplish the ... -
Human Rights Watch warns about Bolsonaro, ViajaNet on the block, cruise lines extend suspension, MSC takes over Log-in
... of democracy in Brazil by attempting to undermine confidence in the electoral system, freedom of expression, and the independence of the judiciary."The document says this years elections will test the strength of Brazilian democracy in the face of the authoritarian threats made by Mr. Bolsonaro ...
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To whom it serves to conciliate? Reflections on the access to justice in neoliberal times
The National Council of Justice (CNJ) has determined as one of its goals to grant effectiveness to the principle of access to justice. In order to achieve it, campaigns have been set to promote alternative methods of resolution of conflicts, such as conciliation and mediation. Among the campaigns’ objectives is the reduction of the backlog of cases, nowadays common in the judicial system, and the
... – conciliation and mediation –, does not simply result in a doubly disadvantageous dimension to the access of justice: on one hand, the judiciary with its more effective justice by way of being cheaper, selling the illusion of access, and on the other, the big litigants cunningly forcing deals ... -
Brazilia Law and the recognition of the rights of pets in childfree couples
The purpose of this scientific work is to analyze the legal status of pets in our legal system, and verify that it is consistent with the defense of their rights in childfree couples as well as the dispute of such when the breakdown of marriage or stable union occurs. The Civil Code categorizes pets as livestock. In order for these animals to have their due regard, they should be treated as...
... Childfree families with pets are a reality that cannot remain invisible before our legislation and judiciary. Thus, it is necessary to determine which animals are subject to rights according to their condition, through ... -
Working time in Brazil: unconstitutionality direct actions filed in the Federal Supreme Court between 1988 and 2012
Unconstitutionality Direct Actions (ADI) are instruments available for Brazilian society, provided by the 1988 Constitution, in order to ensure the unity of the internal legal order and to protect fundamental rights. This research focused the constitutional issues about working time which managed to reach Federal Supreme Court by way of unconstitutionality direct actions, since the promulgation...
... flexible labor rights that occurred in the 1990s, and pointed to the displacement of the conflict between capital and labor to Brazilian Judiciary. The survey has detected four groups of issues involving fundamental rights of working time presented Federal Supreme Court: weekly and daily working ... -
Citizenship and cordiality: notes on the relationship between justice and friendship
It has become a cliché to say that Brazilians do not fully exercise their citizenship. The problems are well known: the difficulty of putting basic civil rights into practice, as well as violations or even simple ignorance of these rights. Within this framework, there remains the additional difficulty of access to justice, with a judiciary often oblivious to the social reality which cries out for
... Within this framework, there remains the additional difficulty of access to justice, with a judiciary often oblivious to the social reality which cries out for its intervention. The unique history of the construction of citizenship in Brazil may be an ... -
Criminalistic features and exemplary parameters of defense speech
... court cases, the existence of an institution of judges, and other conditions contributed to the fact that judicial trials in this country's judiciary and particularly criminal prosecution have become an extremely important issue.During the speech defense mechanisms are the methods of behavior that ...
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Search engines in Colombia: legal review and study of the Muebles Caqueta vs. Google Inc case
Purpose - Considering the relevance of personal data protection, this article focuses on the identification of the criteria used by Colombian Courts regarding the rights to access, modification and erasure personal data within the context of information made available through search engines. This framework will expose the different cases ruled by the Colombian Constitutional Court as it attempts...
... This approach demands that the Judiciary enforces the existence of a right to request the erasure of links and the need of procedures provided by them to do it effectively without erasing or ... -
On the origins of Rule of Law and the meta-physics of institutions
The question concerning the origins or the beginning of the concepts is a philosophical problem that is located at the core of some of the most important reflections in our current time. In specific, the question about the origins of the state - the Rule of Law - is taken as the object of this reflection. It´s known that there is a wide range of answers given to it, mainly by the classical...
... Visiting Research Scholar , Columbia University , New Y ork, 2013 ... Special Workshop: e political activity of judiciary • 741 1. Foundation According to Hannah Arendt, the concept of authority has van- ished from the modern world — not the concept in its large ... -
Upgraded online system can streamline asset forfeiture
The judiciary, Central Bank and Attorney-General of the National Finance are devising a new online asset forfeiture system. It will be integrated with electronic ...
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Tax-postponement lawsuits losing momentum
The judiciary is starting to block legal attempts to postpone tax liabilities amid the pandemic. The National Finance Prosecutor's Office (PGFN) says there are ...
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Treasury plans to pay R$95bn government IOUs this Friday
... to issue a provisional presidential decree (MP) this week that will open up extraordinary credit for the payment of IOUs issued by the judiciary branch regarding federal IOUs, known in Brazil as "precatrios". The National Treasurys idea is to make the payments on Friday, Valor has learned. The ...