Political function of the State is the work performed by constitutional bodies, within the scope of their respective competencies, to preserve political society and promote public welfare. It consists in determining, through free interpretation of constitutional rules, what may b...
Ver documentoThe current dissertation brings the Supreme Court of Brazil as the object of this research, within three approaching scopes. The first investigates the Supreme Court in a point of view of its competence and function, the second deals with the exam of other constitutional supreme ...
Ver documentoThe International Criminal Court represented a major breakthrough in the international scenery, as the accountability of agents who commit extremely serious crimes because it was created in a permanent and complementary manner to national jurisdictions, respecting the principles ...
Ver documentoThis thesis aims at examining the way the Brazilian Supreme Court (Supremo Tribunal Federal STF) handles legislative omission in matters involving constitutional issues. For this, we performed a research based on analysis of a series of STF decisions on legislative omission lawsu...
Ver documentoThe dissertation examines the role of the Court of Accounts in control of public policies and the impact of this activity on the realization of constitucional rights, specifically the right to education. The purpose is to determine whether these courts exercise control over publi...
Ver documentoThis paper aims at the theoretical and practical analysis of the Constitutional Claim in correlation with the Brazilian Federal Constitution itself, and besides its own function, concept, content, boundaries, efficacy and legitimacy One can verify that Constitutional Claim has th...
Ver documentoResumo Os amici curiae são parte cada vez mais comum da estratégia de litigio de organizações perante o Supremo Tribunal Federal (STF) muito em razão de serem depositários de promessas de pluralização e de incremento da qualidade das decisões tribunal feitas pelo próprio tribuna...
Ver documentoThis research aims at understanding the role played by the common courts in the context of health policy in São Paulo. Therefore, it is proposed to study the process of using the São Paulo State Court of Justice to guarantee the right to health and identify institutional mechanis...
Ver documentoThe aim of this dissertation is to study the contribution given by the Brazilian court of accounts, with the creation of the ombudsman on those institutions, to the exercise of the social control made by its citizens. Being considered one of the key inventions in the field of the...
Ver documentoThe present thesis aims to verify the contribution rendered by the Judiciary Branch´s highest Courts and also by the Citizenship Court, on the interpretation and application of the Consumer Code, with a view to the constitutionalisation. On the same way, it will also be complemen...
Ver documentoAbstract: - Appeal to Enforce the Dissenting Opinion of a State Supreme Court Decision (Embargos Infringentes) - This legal device, provided by Article 530 of the Brazilian Code of Civil Procedure (as amended in 2001) has its roots in the Portuguese Law. It allows the State Supre...
Ver documentoResumo Este artigo tematiza o papel do constitucionalismo feminista para a possibilidade da inclusão de uma perspectiva de gênero nas decisões judiciais do Supremo Tribunal Federal (STF). Nesse panorama, o constitucionalismo feminista permite compreender os discursos e os enuncia...
Ver documentoThe development of the soybean agribusiness complex in Brazil took place, in part, as a consequence of credit alternative forms, such as the soybean anticipated sale by contracts. The problems which have motivated this study were the contractual breaches during an expressive incr...
Ver documentoThe role played by the sex-determining gene doublesex (dsx) and its influence on Drosophila courtship were examined. Against a background of subnormal male-like behavior that is reported to be an attribute of haplo-X flies homozygous for the original dsx mutation, and given that ...
Ver documentoThe work analyzes the attribution of authority to judicial precedent on brazilian civil procedure, focusing on decisions of brazilian Superior Court of Justice and its influence concerning state small claims courts, in order to demonstrate that this microsystem can t be distant f...
Ver documentoABSTRACT This paper presents a study on the social and organizational impacts of the Electronic Processing System (EPS) implemented in 2008 by the Brazilian Superior Court of Justice (SCJ). This system is part of a wider transformation process involving the implementation of a ne...
Ver documentoThis article analyzes the judicial discretion that has the israeli supreme court to decide on issues relating to the israeli military occupation. The goal is to understand how this interpretation has been given the constitutional right of israel. So has used history, jurisprudenc...
Ver documentoIn two recent cases involving the University of Michigan, the Supreme Court examined whether race should be allowed to play an explicit role in the admission decisions of schools. The primary argument in these court cases and others has been that racial diversity strengthens the ...
Ver documentoThe French model for the arts was spread all over Europe during the Eighteen century, due to the political power that Louis the XIV exerted. This influence has touched the education of the nobility as much as the spectacles noblemen attended. In the former, relating to the dance,...
Ver documentoThis paper has as goal to examine the thesis of Peter Häberle about the open society of interpreters of the Constitution, i.e., the pluralization of the debate and the constitutional process. The starting point for such a study is due to the recent positions taken by the Supreme ...
Ver documentoThis paper has the purpose of analyzing the cause of contracts. The subject is relevant and justifiable because although there is no statutory provision on the cause of contracts, it is important to the theory of contracts. Moreover, its practical importance is unquestionable. It...
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