Pub Date : 2020-11-05DOI: 10.5007/2177-7055.2020v41n85p249
Ipojucan Demétrius Vecchi, M. Garcia, Liton Lanes Pilau Sobrinho
The objective of the present study is to analyze the dignity of the human person according to their projections in the world of work. In order to do so, the notion of human dignity in the juridical field will be approa-ched from its constitutional positivation and its effects on the relations between capital and labor. Finally, the structural limits for the inci-dence of human dignity in labor relations will be seen. The method used for the research is the inductive one. At the end of the article it is verified that human dignity indicates several saluta-ry limitations to the working citizen.
{"title":"O princípio da dignidade humana e suas projeções no âmbito laboral: possibilidades e limites","authors":"Ipojucan Demétrius Vecchi, M. Garcia, Liton Lanes Pilau Sobrinho","doi":"10.5007/2177-7055.2020v41n85p249","DOIUrl":"https://doi.org/10.5007/2177-7055.2020v41n85p249","url":null,"abstract":"The objective of the present study is to analyze the dignity of the human person according to their projections in the world of work. In order to do so, the notion of human dignity in the juridical field will be approa-ched from its constitutional positivation and its effects on the relations between capital and labor. Finally, the structural limits for the inci-dence of human dignity in labor relations will be seen. The method used for the research is the inductive one. At the end of the article it is verified that human dignity indicates several saluta-ry limitations to the working citizen.","PeriodicalId":30170,"journal":{"name":"Sequencia Estudos Juridicos e Politicos","volume":"41 1","pages":"249-286"},"PeriodicalIF":0.0,"publicationDate":"2020-11-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46760243","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-11-05DOI: 10.5007/2177-7055.2020v41n85p204
Márcio Ricardo Staffen
The research that is presented aims to analyze the impact of transnational actors in the alterations of the Brazilian anti-corruption state bureaucracy through the guidelines established by the National Strategy to Combat Corruption and Money Laundering (ENCCLA). The assessment of the actions of the ENCCLA, in the period from 2010 to 2020, signals the impact of transnational actors in the bureaucratization of national anti-corruption instruments, highlighting a mutation in rationality administrative and influencing executive, legislative and judicial behaviors to prevent and combat corruption. For the development of this research, the inductive method was used.
{"title":"Burocratizar para não corromper: o impacto de atores transnacionais nas medidas anticorrupção da estratégia nacional de combate à corrupção e à lavagem de dinheiro","authors":"Márcio Ricardo Staffen","doi":"10.5007/2177-7055.2020v41n85p204","DOIUrl":"https://doi.org/10.5007/2177-7055.2020v41n85p204","url":null,"abstract":"The research that is presented aims to analyze the impact of transnational actors in the alterations of the Brazilian anti-corruption state bureaucracy through the guidelines established by the National Strategy to Combat Corruption and Money Laundering (ENCCLA). The assessment of the actions of the ENCCLA, in the period from 2010 to 2020, signals the impact of transnational actors in the bureaucratization of national anti-corruption instruments, highlighting a mutation in rationality administrative and influencing executive, legislative and judicial behaviors to prevent and combat corruption. For the development of this research, the inductive method was used.","PeriodicalId":30170,"journal":{"name":"Sequencia Estudos Juridicos e Politicos","volume":"41 1","pages":"204-226"},"PeriodicalIF":0.0,"publicationDate":"2020-11-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44393506","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-11-05DOI: 10.5007/2177-7055.2020v41n85p51
João Ricardo Catarino, José Duarte Cordeiro, Ricardo de Moraes e Soares
Online gambling is a form of gambling. Its direct ban or lack of regulation leads to loss of revenue. These are used to support the social functions of the state. In this research we analyse the estimates about the relevance of online gambling, taking as a reference the European Union where online gambling activity is allowed. These data are compared with estimates for Brazil that does not allow online gambling. Some principles on game regulation are proposed, which can serve the Brazilian case, based on the experience of European and world regulation.
{"title":"Impacts of the online gambling prohibition policy: a comparative survey of Brazil versus the European Union","authors":"João Ricardo Catarino, José Duarte Cordeiro, Ricardo de Moraes e Soares","doi":"10.5007/2177-7055.2020v41n85p51","DOIUrl":"https://doi.org/10.5007/2177-7055.2020v41n85p51","url":null,"abstract":"Online gambling is a form of gambling. Its direct ban or lack of regulation leads to loss of revenue. These are used to support the social functions of the state. In this research we analyse the estimates about the relevance of online gambling, taking as a reference the European Union where online gambling activity is allowed. These data are compared with estimates for Brazil that does not allow online gambling. Some principles on game regulation are proposed, which can serve the Brazilian case, based on the experience of European and world regulation.","PeriodicalId":30170,"journal":{"name":"Sequencia Estudos Juridicos e Politicos","volume":"41 1","pages":"51-85"},"PeriodicalIF":0.0,"publicationDate":"2020-11-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42339624","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-11-05DOI: 10.5007/2177-7055.2020v41n85p309
Everton das Neves Gonçalves
The paper focuses the origin and advance of COVID-19, pointing changes at the individual and collective action toward the happiness. The general objective, shows the spiritualist vision of Law and Economics like an instrumental to increase the alterity on the social relations. Specifically, objectives to alert for the necessity of a juridical and economic comportment focusing the social and economic welfare thru “autodestructing renovator socialeconomic-efficiency” (ADRESEE). It´s a qualitative research, by deductive method and with documental and bibliographic analysis. It concludes that COVID-19 gives opportunity to diffusion of a juridical, economic and political vision turned to the alterity and happiness.
{"title":"A necessária transição planetária: (in)convenientes da COVID-19 para a benfazeja mudança no Brasil e na comunidade internacional de países","authors":"Everton das Neves Gonçalves","doi":"10.5007/2177-7055.2020v41n85p309","DOIUrl":"https://doi.org/10.5007/2177-7055.2020v41n85p309","url":null,"abstract":"The paper focuses the origin and advance of COVID-19, pointing changes at the individual and collective action toward the happiness. The general objective, shows the spiritualist vision of Law and Economics like an instrumental to increase the alterity on the social relations. Specifically, objectives to alert for the necessity of a juridical and economic comportment focusing the social and economic welfare thru “autodestructing renovator socialeconomic-efficiency” (ADRESEE). It´s a qualitative research, by deductive method and with documental and bibliographic analysis. It concludes that COVID-19 gives opportunity to diffusion of a juridical, economic and political vision turned to the alterity and happiness.","PeriodicalId":30170,"journal":{"name":"Sequencia Estudos Juridicos e Politicos","volume":"41 1","pages":"309-335"},"PeriodicalIF":0.0,"publicationDate":"2020-11-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44093587","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-11-05DOI: 10.5007/2177-7055.2020v41n85p173
B. Lorenzetto, R. Pereira
n 2019, the Chief Justice of the STF initiatedaproceduretoinvestigateallegedpractices of disclosing fraudulent news and infractions committed against the Court, its members and their relatives. In the course of this secret Inquiry (no. 4,781), many unconstitutional decisions were enacted, censoring media outlets, restricting freedoms and procedural guarantees of Brazilian citizens, and materializing all sorts of judicial arbitrariness, always under the justification of safeguarding the constitutional order. In view of this situation, this paper intends to verify whether it is possible to establish a relationship between these institutional behaviors of the Brazilian Supreme Court and Giorgio Agamben’s theory of the state of exception. For this purpose, the work carries out an initial bibliographic review and, afterwards, questions the constitutionality of the judicial decisions rendered by the Court. In the end, it is concluded that there is a characterization of some elements constituting the state of exception in the Brazilian reality.
{"title":"O supremo soberano no Estado de exceção: a (des)aplicação do direito pelo STF no âmbito do inquérito das “Fake News” (Inquérito n. 4.781)","authors":"B. Lorenzetto, R. Pereira","doi":"10.5007/2177-7055.2020v41n85p173","DOIUrl":"https://doi.org/10.5007/2177-7055.2020v41n85p173","url":null,"abstract":"n 2019, the Chief Justice of the STF initiatedaproceduretoinvestigateallegedpractices of disclosing fraudulent news and infractions committed against the Court, its members and their relatives. In the course of this secret Inquiry (no. 4,781), many unconstitutional decisions were enacted, censoring media outlets, restricting freedoms and procedural guarantees of Brazilian citizens, and materializing all sorts of judicial arbitrariness, always under the justification of safeguarding the constitutional order. In view of this situation, this paper intends to verify whether it is possible to establish a relationship between these institutional behaviors of the Brazilian Supreme Court and Giorgio Agamben’s theory of the state of exception. For this purpose, the work carries out an initial bibliographic review and, afterwards, questions the constitutionality of the judicial decisions rendered by the Court. In the end, it is concluded that there is a characterization of some elements constituting the state of exception in the Brazilian reality.","PeriodicalId":30170,"journal":{"name":"Sequencia Estudos Juridicos e Politicos","volume":"41 1","pages":"173-203"},"PeriodicalIF":0.0,"publicationDate":"2020-11-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48581151","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-11-05DOI: 10.5007/2177-7055.2020v41n85p135
J. Santin, Carlos J C Teixeira
The research seeks to analyze Local Government in Angola, a sub-Saharan African country, and its constituent institutions, explicitly recognized in the 2010’ Angola Constitution. However, is known that Local Government and the decentralized and participatory institutions that compose it require much more than its formal recognition in constitutional and legal texts. It is necessary to develop participatory political institutions. And this is the great challenge of democratic local governance in Angolan in this 21st century.
{"title":"Poder local e autoridades tradicionais em Angola: desafios e oportunidades","authors":"J. Santin, Carlos J C Teixeira","doi":"10.5007/2177-7055.2020v41n85p135","DOIUrl":"https://doi.org/10.5007/2177-7055.2020v41n85p135","url":null,"abstract":"The research seeks to analyze Local Government in Angola, a sub-Saharan African country, and its constituent institutions, explicitly recognized in the 2010’ Angola Constitution. However, is known that Local Government and the decentralized and participatory institutions that compose it require much more than its formal recognition in constitutional and legal texts. It is necessary to develop participatory political institutions. And this is the great challenge of democratic local governance in Angolan in this 21st century.","PeriodicalId":30170,"journal":{"name":"Sequencia Estudos Juridicos e Politicos","volume":"41 1","pages":"135-172"},"PeriodicalIF":0.0,"publicationDate":"2020-11-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46160804","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-11-05DOI: 10.5007/2177-7055.2020v41n85p227
Gilmar Antonio Bedin, T. Oliveira
The present work resumes the theoretical contributions of one of the founding fathers of Public International Law, Hugo Grocio. The objective of the work is demonstrate that the reflections of the Dutch jurist helped in the understanding of justice as a legitimizing foundation of the law, as a common ethical sense of humanity and as an obligation of responsibility and solidarity across borders. Through the hypothetical-deductive research method and the bibliographic research technique, is concluded that the resumption of the internationalist’s work reinforces the ideal of international justice, especially as human rights are slowly becoming a new ethos common humanity.
{"title":"O pensamento de Hugo Grócio e o resgate do ideal de justiça internacional","authors":"Gilmar Antonio Bedin, T. Oliveira","doi":"10.5007/2177-7055.2020v41n85p227","DOIUrl":"https://doi.org/10.5007/2177-7055.2020v41n85p227","url":null,"abstract":"The present work resumes the theoretical contributions of one of the founding fathers of Public International Law, Hugo Grocio. The objective of the work is demonstrate that the reflections of the Dutch jurist helped in the understanding of justice as a legitimizing foundation of the law, as a common ethical sense of humanity and as an obligation of responsibility and solidarity across borders. Through the hypothetical-deductive research method and the bibliographic research technique, is concluded that the resumption of the internationalist’s work reinforces the ideal of international justice, especially as human rights are slowly becoming a new ethos common humanity.","PeriodicalId":30170,"journal":{"name":"Sequencia Estudos Juridicos e Politicos","volume":"41 1","pages":"227-248"},"PeriodicalIF":0.0,"publicationDate":"2020-11-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47111797","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-11-05DOI: 10.5007/2177-7055.2020v41n85p10
Mauro Benente, Irene Patrícia Nohara, Silvio Luiz de Almeida
The main purpose of this study is to focus on the consequences of torture and other atrocities occurred during the Brazilian military coup. Through hypothetical-deductive and inductive methods, it aims to expose the decision of the Supreme Court concerning the Amnesty Law, international condemnation of Brazil in Araguaia case and the responsibility of the State for the death and disappearance of the bodies, including lack of transparency, which are significant worries about transitional law rules. It concerns not only the past, but also has prospective effects, as taking the state oppression out of invisibility contributes to the consolidation of democracy.
{"title":"Transitional Law and Democracy: late responsibility for torture and other atrocities that ocurred in brazilian Military Coup","authors":"Mauro Benente, Irene Patrícia Nohara, Silvio Luiz de Almeida","doi":"10.5007/2177-7055.2020v41n85p10","DOIUrl":"https://doi.org/10.5007/2177-7055.2020v41n85p10","url":null,"abstract":"The main purpose of this study is to focus on the consequences of torture and other atrocities occurred during the Brazilian military coup. Through hypothetical-deductive and inductive methods, it aims to expose the decision of the Supreme Court concerning the Amnesty Law, international condemnation of Brazil in Araguaia case and the responsibility of the State for the death and disappearance of the bodies, including lack of transparency, which are significant worries about transitional law rules. It concerns not only the past, but also has prospective effects, as taking the state oppression out of invisibility contributes to the consolidation of democracy.","PeriodicalId":30170,"journal":{"name":"Sequencia Estudos Juridicos e Politicos","volume":"41 1","pages":"10-29"},"PeriodicalIF":0.0,"publicationDate":"2020-11-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44778848","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-11-05DOI: 10.5007/2177-7055.2020v41n85p112
Luis Antonio Corona Nakamura, Eneida Desiree Salgado
Despite advances in recognition of women’s rights, they are still victims of everyday violence. National and international regulations on gender equality and the promotion of female political participation had a low impact on the underrepresentation of this minority. Law produced without a share of citizenship lacks democratic legitimacy. Mexico and Brazil have a similar history of excluding women from the public sphere, but they currently have different strategies to overcome this democratic deficit. The article, with a descriptive methodology, presents the history and the present situation in both countries. We conclude that there are different ways to increase the representation of women in politics, but parity is a demand for justice.
{"title":"Women and politics in Mexico and Brazil","authors":"Luis Antonio Corona Nakamura, Eneida Desiree Salgado","doi":"10.5007/2177-7055.2020v41n85p112","DOIUrl":"https://doi.org/10.5007/2177-7055.2020v41n85p112","url":null,"abstract":"Despite advances in recognition of women’s rights, they are still victims of everyday violence. National and international regulations on gender equality and the promotion of female political participation had a low impact on the underrepresentation of this minority. Law produced without a share of citizenship lacks democratic legitimacy. Mexico and Brazil have a similar history of excluding women from the public sphere, but they currently have different strategies to overcome this democratic deficit. The article, with a descriptive methodology, presents the history and the present situation in both countries. We conclude that there are different ways to increase the representation of women in politics, but parity is a demand for justice.","PeriodicalId":30170,"journal":{"name":"Sequencia Estudos Juridicos e Politicos","volume":"41 1","pages":"112-134"},"PeriodicalIF":0.0,"publicationDate":"2020-11-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41537309","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-11-05DOI: 10.5007/2177-7055.2020v41n85p86
Nancy Nelly González Sanmiguel, Xochitl Alicia Ramírez Chavez, Francisco de Jesús Cepeda Rincón
The following paper analyzes one of the most important freedoms in any nation that deigns to be a Rule of Law: The Right of Petition. Considered as a subjective right of a public nature, it will be analyzed through the main legal norms that regulate it in Mexico, as well as the response time and the agreements due to notification that the authority must issue to complete and fully respect the exercise of this right.
{"title":"The right of petition and the typological forms of petition in Mexico's tax matter","authors":"Nancy Nelly González Sanmiguel, Xochitl Alicia Ramírez Chavez, Francisco de Jesús Cepeda Rincón","doi":"10.5007/2177-7055.2020v41n85p86","DOIUrl":"https://doi.org/10.5007/2177-7055.2020v41n85p86","url":null,"abstract":"The following paper analyzes one of the most important freedoms in any nation that deigns to be a Rule of Law: The Right of Petition. Considered as a subjective right of a public nature, it will be analyzed through the main legal norms that regulate it in Mexico, as well as the response time and the agreements due to notification that the authority must issue to complete and fully respect the exercise of this right.","PeriodicalId":30170,"journal":{"name":"Sequencia Estudos Juridicos e Politicos","volume":"41 1","pages":"86-111"},"PeriodicalIF":0.0,"publicationDate":"2020-11-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47805216","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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