Procedural Guarantees
Mostrando 13-21 de 21 artigos, teses e dissertações.
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13. A motivação das decisões penais a partir da teoria garantista
As it is known, the 1988 Federal Constitution, in its section 93, subheading IX, sets forth that all the trials of the Judiciary bodies shall be public and all the decisions shall be grounded, under the penalty of being deemed void. Hence, this paper intends to identify how the motivation must be created in order to conform to the constitution, and thus legi
Publicado em: 2007
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14. O interrogatório no estado democrático de direito
Criminal Procedure enables and regulates the state interference with the individual freedom realm, granting, on the other hand, assurance to people that their rights can only be restricted upon observance of the legal process and as subject to the rights and guarantees provided for in the Constitution. The analysis of the historic evolution of the treatment
Publicado em: 2006
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15. Efetividade da tutela coletiva
In the history of mans efforts to have human rights recognized, we have conquered the assurance of freedom and equal treatment. Later, such elements have been added to other guarantees involving social rights, in a period in which Law was consolidated as an autonomous science. The philosophical basis that has given a form to contemporaneous laws has given pr
Publicado em: 2006
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16. Provas ilícitas e proporcionalidade : uma análise da colisão entre os princípios da proteção penal eficiente e da inadmissibilidade das provas obtidas por meios ilícitos
This dissertation is a study concerning the possibility and standards of using the proportion rule of Germans constitutional doctrine to accept formally illegally obtained evidence, considering the preferred right of criminal protection. The preferred rights are not absolute, but they are mutually limited by the proportion rule. The criminal protection is a
Publicado em: 2006
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17. O princípio da publicidade no direito processual penal
The work methodology consists of the initial study of the legal system, using a general theory of law approach, and considering that the scientific knowledge of law itself is essentially a study of logical causes, which are the general principles originated in positive law. Thus, the rules of positive law are merely logical consequences of general principles
Publicado em: 2005
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18. Limitation in labor enforcement / A prescrição na execução trabalhista
The text is mainly related to limitation (the juridical institution through which a plaintiff, in view of his/her inerce through the term granted by the law, loses the exigibility as to a given right) along the enforcing phase of a judicial labor procedure. The lesion to rights along a labor agreement provides with an objection through judicial action, aimin
Publicado em: 2005
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19. O devido processo legal na jurisdiÃÃo civil
The clause of due process of law, depite its amplitude and complexity, was studied with the aim of contributing to its understanding, taking into account two basic premises: a) due process of law as a constitutional right of the citizen and its bond with the justice ideal; b) panoramic vision of the derivation of due process of law, with emphasis on the civi
Publicado em: 2002
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20. A pena e sua execução em face dos princípios constitucionais penais e processuais penais
This is about a study of the punishment and its execution in view of the constitutional and criminal procedural principles. The study approaches the historical evolution of the confinement, which is inseparable from the maio theories and movements of the criminal politics related to the punishment. It concludes that the punishment must have as a purpose the
Publicado em: 2002
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21. Can hospital relocations and closures be stopped through the legal system?
The recent history of litigation to stop hospital closings in or relocations from minority communities is reviewed. Legal arguments and facts raised by plaintiffs and defendants in seven cases are summarized in the context of civil rights and health planning legislation. The results of the litigation are mixed. One hospital was denied permission to close, bu