Duty Of Proportionality
Mostrando 1-7 de 7 artigos, teses e dissertações.
-
1. Liberdade de Expressão e os Mecanismos de Promoção do Pluralismo nos Meios de Comunicação Social / Free speech and the mechanisms that aiming to promote pluralism in the media
The purpose of this paper is to demonstrate that regulatory intervention aiming to promote pluralism in the media is consistent with the democratic order established by the Brazilian Constitution of 1988, and has a fundamental role in ensuring full exercise of the right to freedom of expression. We shall reveal hereinafter that the above proposal is in harmo
IBICT - Instituto Brasileiro de Informação em Ciência e Tecnologia. Publicado em: 01/07/2011
-
2. O direito penal e o princípio da proibição de proteção deficiente: a face oculta da proteção dos direitos fundamentais
Several changes have occurred in the legally protected interest field, based on the assumption that the progress of Criminal Law cannot be seen separately from the trajectory of Modern State and, as a result, constitutionalism. State, originally absolutist, overcomes its deficits whereas develops the protection of rights, passing from "enemy" to "friend" of
Publicado em: 2008
-
3. A concessão ec offício da tutela antecipada no contexto da efetividade processual
This scientific paper examined the possibility of the magistrate to grant, in a discretionary way, the anticipatory technique disciplined in Article 273 of the Brazilian Civil Procedural Code, because of the effectiveness of the procedural context. To accomplish that, the jurisdictional guardianship was analyzed under the fundamental rights perspective, focu
Publicado em: 2008
-
4. The ex officio grant of injunctive relief in the context of procedural effectiveness / A concessão ex offício da tutela antecipada no contexto da efetividade processual
This scientific paper examined the possibility of the magistrate to grant, in a discretionary way, the anticipatory technique disciplined in Article 273 of the Brazilian Civil Procedural Code, because of the effectiveness of the procedural context. To accomplish that, the jurisdictional guardianship was analyzed under the fundamental rights perspective, focu
Publicado em: 2008
-
5. Quebra de sigilo pelas Comissões Parlamentares de Inquérito
The scientific works on congressional investigating committees increase in a geometrical progression lately, as far as they have become the main Legislative Power activities. Analyzing the existing reports and some court judgments about congressional investigating committees, we identify the need to elaborate a work that could bring indispensable requirement
Publicado em: 2007
-
6. A improbidade processual da administraÃÃo pÃblica e sua responsabilidade objetiva pelo dano processual
Both the principle of the due process of law demand good will of the claimers, brought up by the veracity and the range of their statements, by the respect to the rights of other parties as well as to legal decisions through the abstention of delaying acts. The Brazilian Civil Code states the good will duty although it makes use of insufficient instruments o
Publicado em: 2007
-
7. Simple rationality? The law of healthcare resource allocation in England
This paper examines the law relating to healthcare resource allocation in England. The National Health Service (NHS) Act 1977 does not impose an absolute duty to provide specified healthcare services. The courts will only interfere with a resource allocation decision made by an NHS body if that decision is frankly irrational (or where the decision infringes
BMJ Group.