Legislation Jurisprudence
Mostrando 13-24 de 54 artigos, teses e dissertações.
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13. Súmula vinculante
This thesis has the purpose to discuss a considerably debatable subject, created by Constitutional Amendment 45/2004: the súmula vinculante. Included in Article 103-A of the Brazilian Federal Constitution and regulated by Law No. 11,417/2006, the súmula vinculante has been enacted to accommodate the turbulent situation of the Brazilian judiciary system. Th
Publicado em: 2009
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14. A proteção constitucional das crianças e dos adolescentes: uma análise da (des)juridicização fáctica no município de Maceió. / The constitution goes protecting the fundamental rights of children and teenagers.
The scope of this paper is to assess how far the Brazilian constitution goes in protecting the fundamental rights of children and teenagers. Such is accomplished through an axiologic, dogmatic, and sociological perspective. This latter aspect mainly concerns the services provided by the public sector in the city of Maceió. By examining the Brazilian juridic
Publicado em: 2009
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15. A revisão na concessão comum de serviço público
The work that prays if it presents has for object the analysis of the main aspects of the juridical regime of the revision of the concessions common of public service, denominated like this legally those subject to the national Law 8.987/1995 and her necessary correlation with the state planning. The study is justified for two main reasons: the absence of sp
Publicado em: 2009
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16. Direito fundamental à coisa julgada civil : um estudo sobre a coisa julgada inconstitucional em confronto com o princípio da segurança jurídica e sua aplicação nas mais atuais e relevantes questões apreciadas pelo poder judiciário no âmbito de direito público brasileiro
This essay has the objective to appraise, analyze and to interpret what is unconstitutional resiudicata, and in the practical application of jurisprudence of national courts in public law. The Institution of the res iudicata is treated in the Brazilian Law by the Constitutional Text, by the Brazilian Civil Process Code, besides the Law of the Introduction to
Publicado em: 2008
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17. Imposto sobre a renda e indenizações
This work is aimed at examining scientifically if the indemnifications that one receives fit to the legal rule (regra-matriz) of income tax incidence. It justifies itself because the solution and foundation presented by the doctrine and jurisprudence is not uniform. To do so, it presents an income conception based on the legislation and doctrine and confront
Publicado em: 2008
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18. A teoria da vontade na responsabilidade penal da pessoa jurídica / Intent theory in the artificial person criminal liability
The decision of fucusing such a complex subject as the corporate intent theory has not been at random, once, in 2008, twenty years of existence of article 225, 3 and, concomitantly, ten years of creation of environmental criminal law which, expressly, sets forth the artificial person criminal liability, will be celebrated. To discourse on the current importa
Publicado em: 2008
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19. O aspecto espacial do Imposto sobre Serviços de Qualquer Natureza
The present work aims to analyze scientifically the space aspect of the Rule of Tax Incidence of the Tax on Services of Any Nature ISSQN. This way, it analyzes the legislation, doctrine and formation of the Jurisprudence of the Superior Court of Justice related to this subject. It shows that the exclusive use of such a criterion, due to the place where the s
Publicado em: 2008
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20. Novação legislativa: uma crítica ao controle de constitucionalidade das leis pré-constitucionais no Brasil
The present research promotes a dogmatic-constitutional of the normative relation between the pre-constitutional laws and the 1988 Brazilian Constitution. This analysis has as its starting point the analytical study of the legislative renewal phenomenon usually known as law reception, of which manifestation field happens now of the promulgation of a new Cons
Publicado em: 2008
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21. Função sócio-ambiental e laborativo da posse
In the present work, a study of the legal institute of ownership and its importance as a means of reducing the social inequalities in the modern society is developed. The method utilized is the analytic, thus the study is substantiate in constitutionals and infraconstitutionals dispositives, in doctrine and jurisprudence. The ownership theory is observed thr
Publicado em: 2008
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22. Aspectos históricos e conceituais do neoconstitucionalismo e sua relação com o positivismo jurídico
This Masters thesis was developed in the area of the foundations of positive law as well as in hermeneutics and constitutional principles. Its objective is to identify historical and conceptual aspects of neoconstitutionalism and its relation to legal positivism. In this research, an inductive method based on bibliographical research was used. Changes to the
Publicado em: 2008
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23. A função social das patentes de medicamentos.
The main objective of this essay is the analysis of the application of the Social Function of Propertys principle on the medical patents. It will be verified that this principle impose the patent titulars to commercialize medicines with reasonable prices without excessive profits making possible the access to the poor people. As for that the text was divided
Publicado em: 2008
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24. A responsabilidade do empregador na degradação do meio ambiente do trabalho e suas conseqüências jurídicas no âmbito do direito do trabalho
The main goal of this thesis is to show that there is no plausible reason for the different treatments given in the assessment of the damage caused to the environment. Indeed, if the deterioration is against the environment we aplly the "teoria da culpa objetiva" (objective damage responsability theory). However, when it comes to accidents suffered by the em
Publicado em: 2008