Procedural Law Brazil
Mostrando 13-24 de 35 artigos, teses e dissertações.
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13. O direito fundamental à razoável duração do processo e a responsabilidade civil pelo seu descumprimento no ordenamento jurídico brasileiro.
The present paper examines the fundamental right to a reasonable guarantee of the duration of proceedings, as explicitly set out in the Brazilian Federal Constitution of 1988, in section LXXVIII, article 5, as well as civil liability in the cases of a breaching of this precept. The above-mentioned section was added in the Enactment of the Constitutional Amen
Publicado em: 2009
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14. The pronunciation in the procedure of the Court of the Brazilian Jury / A pronúncia no procedimento do Tribunal do Júri brasileiro
Procedural law complies with the task of regulating the exercise of judicial functions, a fundamental activity of Democratic State of Law. In the current constitutional order the Jury Court is recognized and upheld both as law and fundamental individual guarantee. It is perceived as a fundamental human right because people s participation in the trials made
Publicado em: 2009
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15. O princípio da colaboração intersubjetiva no processo civil brasileiro : uma análise acerca da sua influência no poder geral de cautela do juiz
This search is on the scope of procedural law and takes as assumption identify the existence of the principle of collaboration intersubjective in civil procedure Brazil, promoting an analysis about its influence on the general power of caution of the judge as a way to ensure the outcome of the process useful. Search is still, see the changes that are already
Publicado em: 2008
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16. CONTROLE JUDICIAL DE CONSTITUCIONALIDADE E ATIVISMO JUDICIAL PROCESSUAL / JUDICIAL REVIEW AND PROCEDURAL JUDICIAL ACTIVISM
Judicial review of legislation originated in the United States of America with the ruling in the Marbury v. Madison case, back in 1803. The expansion of judicial activity into domains not originally imagined by the ideologues of judicial review will be expounded by means of a retrospective analysis of doctrine and case-law arising from said ruling in the USA
Publicado em: 2008
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17. A MEDIDA DA INTERVENÇÃO PENAL NO ESTADO DEMOCRÁTICO DE DIREITO / THE MEASURE OF ASSISTANCE IN CRIMINAL DEMOCRATIC RULE OF LAW
This paper aims to address, supported the concept of democratic rule of law, the path that has taken the formal system of social control through the contemporary state of criminal law and modern clash between the modern criminal law, seen as one that protects property Legal collectives, through a decommissioning, if not, the relaxation of the principles and
Publicado em: 2008
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18. 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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19. A importância da limitação da responsabilidade de sócios e da delimitação da responsabilidade de administradores para as relações econômicas no ordenamento brasileiro.
This work has investigated the genesis of the limitation of partners liability and tried to set forth the importance of such limitation by means of a harmony amongst the constitutional principles of protection to civil rights and protection to free enterprise principle either from which the principle of companys preservation arises out. Likewise this work ai
Publicado em: 2008
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20. A DIGNIDADE DA PESSOA HUMANA E OS PRINCÍPIOS CONSTITUCIONAIS DO PROCESSO DO CONTRADITÓRIO E CELERIDADE PROCESSUAL / HUMAN DIGNITY AND THE CONSTITUTIONAL PRINCIPLES OF ADVERSARIAL PROCEDURES AND SPEEDY TRIAL
Human dignity, the underlying quality of the human being as thus defined, has been embodied in several contemporary constitutional texts, such as in the Brazilian Constitution of 1988, setting off as the inspiring principle of the entire legal system. As of the end of World War II, this principle has been acclaimed and has been included in the constitutional
Publicado em: 2008
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21. Levantamento das jurisprudências de processos de responsabilidade civil contra o cirurgião-dentista nos Tribunais do Brasil por meio da Internet / Survey on jurisprudences of civil liability lawsuits against dentists in Brazilian Courts via the Internet
The civil liability act is one of the resources provided by law, which can be used by any patient in order to bring a legal action for damages against dentists. With the increase in the number of cases, the necessity of a sound knowledge on the features of these lawsuits has proportionally augmented, so that the professionals may have a solid orientation to
Publicado em: 2008
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22. Da aplicabilidade do mandado de segurança na esfera criminal
This study intends to analyse the writ of mandamus on Brazil s Criminal Procedural Law, regarding its historical origins as well as this remedy in Comparative law. We do not intend to study everything about this subject, but the full meaning of the institute that has been an important instrument on individual rights protection and a powerful weapon against t
Publicado em: 2007
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23. Dissolução societária parcial e cumprimento de sentença
In this work, the material law and the procedural law applicable to partial dissolution of corporate partnership are studied, with special emphasis on the procedures executed as of the Law 11.232/2005, which introduced the observance of sentence as a stage of the syncretic ordinary proceeding. Initially, the foreign legislation regarding the partnership part
Publicado em: 2007
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24. 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