Pub Date : 2019-12-31DOI: 10.5007/2177-7055.2019v41n83p122
H. Guimarães, R. Simioni
Precedents (“Sumulas”) integrate Brazilian legal system intending to provide coherence and consistency to legal decisions. However, such scopes are under threat due to unsystematic and merely positive text-based application of this legal doctrine institute. Contrary to this scenario, this article aims at investigating the meaning of precedents (“sumulas”) in Brazilian law, aiming at pointing out evidences of its discursive materialism and suggesting directions to a rational and democratically manageable legal practice. For this purpose, theoretical contributions of discourse analysis, highlighting concepts developed by Michel Pecheux and comparing them to the problematics of subjective appropriation of precedent (“sumula”) meaning in forensic praxis .
{"title":"O sentido das súmulas: uma reflexão teórica a partir da análise de discurso de Michel Pêcheux","authors":"H. Guimarães, R. Simioni","doi":"10.5007/2177-7055.2019v41n83p122","DOIUrl":"https://doi.org/10.5007/2177-7055.2019v41n83p122","url":null,"abstract":"Precedents (“Sumulas”) integrate Brazilian legal system intending to provide coherence and consistency to legal decisions. However, such scopes are under threat due to unsystematic and merely positive text-based application of this legal doctrine institute. Contrary to this scenario, this article aims at investigating the meaning of precedents (“sumulas”) in Brazilian law, aiming at pointing out evidences of its discursive materialism and suggesting directions to a rational and democratically manageable legal practice. For this purpose, theoretical contributions of discourse analysis, highlighting concepts developed by Michel Pecheux and comparing them to the problematics of subjective appropriation of precedent (“sumula”) meaning in forensic praxis .","PeriodicalId":30170,"journal":{"name":"Sequencia Estudos Juridicos e Politicos","volume":"40 1","pages":"122-141"},"PeriodicalIF":0.0,"publicationDate":"2019-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.5007/2177-7055.2019v41n83p122","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49065303","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 : 2019-12-31DOI: 10.5007/2177-7055.2019v41n83p87
M. Chacón
The key problem of contemporary environmental laws is their lack of effectiveness. Clear challenges exist to achieve the goals and objectives of environmental law, its implementation and sustained and recurring compliance. As a result, this paper aims to clarify the root causes of ineffectiveness of environmental law by analyzing its effects and consequences and exploring possible solutions to enable environmental law to reach full effectiveness and efficiency, and thereby satisfy the main goal of conservation and rational, sustainable and equitable use of environmental goods and services.
{"title":"The road toward the effectiveness of environmental law","authors":"M. Chacón","doi":"10.5007/2177-7055.2019v41n83p87","DOIUrl":"https://doi.org/10.5007/2177-7055.2019v41n83p87","url":null,"abstract":"The key problem of contemporary environmental laws is their lack of effectiveness. Clear challenges exist to achieve the goals and objectives of environmental law, its implementation and sustained and recurring compliance. As a result, this paper aims to clarify the root causes of ineffectiveness of environmental law by analyzing its effects and consequences and exploring possible solutions to enable environmental law to reach full effectiveness and efficiency, and thereby satisfy the main goal of conservation and rational, sustainable and equitable use of environmental goods and services.","PeriodicalId":30170,"journal":{"name":"Sequencia Estudos Juridicos e Politicos","volume":"40 1","pages":"87-95"},"PeriodicalIF":0.0,"publicationDate":"2019-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.5007/2177-7055.2019v41n83p87","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47444460","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 : 2019-12-31DOI: 10.5007/2177-7055.2019v41n83p10
D. Serraglio, Heline Sivini Ferreira, Nicholas A. Robinson
The study aims at examining how climate-induced migration can contribute to the sustainable development of cities. Through the deductive approach, the linkages between climate change and human mobility are initially analyzed. Thereafter, it investigates how urban centers deal with such phenomena. It then looks into the Agenda 2030, with a special focus on the SDG 11. Despite the attempt to make cities and human settlements inclusive, safe, resilient and sustainable , this SDG does not take into account the role played by climate-induced migrants in urbanized areas. In view of this, the New Urban Agenda (UN-HABITAT) is explored: it recognizes that migrants can bring significant social, economic and cultural contributions to urban life.
{"title":"Climate-induced migration and resilient cities: a new urban agenda for sustainable development","authors":"D. Serraglio, Heline Sivini Ferreira, Nicholas A. Robinson","doi":"10.5007/2177-7055.2019v41n83p10","DOIUrl":"https://doi.org/10.5007/2177-7055.2019v41n83p10","url":null,"abstract":"The study aims at examining how climate-induced migration can contribute to the sustainable development of cities. Through the deductive approach, the linkages between climate change and human mobility are initially analyzed. Thereafter, it investigates how urban centers deal with such phenomena. It then looks into the Agenda 2030, with a special focus on the SDG 11. Despite the attempt to make cities and human settlements inclusive, safe, resilient and sustainable , this SDG does not take into account the role played by climate-induced migrants in urbanized areas. In view of this, the New Urban Agenda (UN-HABITAT) is explored: it recognizes that migrants can bring significant social, economic and cultural contributions to urban life.","PeriodicalId":30170,"journal":{"name":"Sequencia Estudos Juridicos e Politicos","volume":"40 1","pages":"10-46"},"PeriodicalIF":0.0,"publicationDate":"2019-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.5007/2177-7055.2019v41n83p10","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44634571","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 : 2019-12-31DOI: 10.5007/2177-7055.2019v41n83p47
S. Ashton, Elena Aydos
The Murray-Darling Basin, in south-eastern Australia, comprises 14 per cent of Australia’s geography. This paper examines some of the historical and contemporary discourses that have been deployed in the last 120 years in managing the complex challenges of the Basin. Differently to prior Indigenous practices, prevailing environmental discourses in this period have highlighted the disconnect between humans and their environment. Whilst Ecologically Sustainable Development underpins the objects of the Water Act 2007 (Cth), it is evident that, in fact, it is an economic rationalism discourse that has been deployed to regulate environmental outcomes through the marketisation of water rights.
{"title":"Environmental discourses and water law: a case study of the regulation of the murray-darling basin","authors":"S. Ashton, Elena Aydos","doi":"10.5007/2177-7055.2019v41n83p47","DOIUrl":"https://doi.org/10.5007/2177-7055.2019v41n83p47","url":null,"abstract":"The Murray-Darling Basin, in south-eastern Australia, comprises 14 per cent of Australia’s geography. This paper examines some of the historical and contemporary discourses that have been deployed in the last 120 years in managing the complex challenges of the Basin. Differently to prior Indigenous practices, prevailing environmental discourses in this period have highlighted the disconnect between humans and their environment. Whilst Ecologically Sustainable Development underpins the objects of the Water Act 2007 (Cth), it is evident that, in fact, it is an economic rationalism discourse that has been deployed to regulate environmental outcomes through the marketisation of water rights.","PeriodicalId":30170,"journal":{"name":"Sequencia Estudos Juridicos e Politicos","volume":"40 1","pages":"47-86"},"PeriodicalIF":0.0,"publicationDate":"2019-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.5007/2177-7055.2019v41n83p47","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43624912","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 : 2019-12-31DOI: 10.5007/2177-7055.2019v41n83p160
Leonel Severo Rocha, G. Kolling, Gustavo André Olsson
The limits and the relation of the medical system to that of health are a subject for discussion in systems theory, considering that Luhmann addressed only the medical system. The function of the medical system is linked to healing, to the treatment of diseases. The health system is still under construction. Thus, the objective is to analyze and understand the operability of the code of the medical system, as well as to observe, from the theory itself, the relation of prevention with the medical system and its relationship with the health system. The method of analysis will be systemic.
{"title":"Interações entre o sistema da medicina e da saúde: observações a partir da teoria dos sistemas sociais","authors":"Leonel Severo Rocha, G. Kolling, Gustavo André Olsson","doi":"10.5007/2177-7055.2019v41n83p160","DOIUrl":"https://doi.org/10.5007/2177-7055.2019v41n83p160","url":null,"abstract":"The limits and the relation of the medical system to that of health are a subject for discussion in systems theory, considering that Luhmann addressed only the medical system. The function of the medical system is linked to healing, to the treatment of diseases. The health system is still under construction. Thus, the objective is to analyze and understand the operability of the code of the medical system, as well as to observe, from the theory itself, the relation of prevention with the medical system and its relationship with the health system. The method of analysis will be systemic.","PeriodicalId":30170,"journal":{"name":"Sequencia Estudos Juridicos e Politicos","volume":"42 1","pages":"160-192"},"PeriodicalIF":0.0,"publicationDate":"2019-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.5007/2177-7055.2019v41n83p160","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45110384","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 : 2019-12-31DOI: 10.5007/2177-7055.2019v41n83p96
Leonardo Monteiro Crespo De Almeida
This article intends to establish a dialogue between Luis Alberto Warat s project of a critical semiotics of law, one that avoids the common reductionisms of the legal epistemology from the beginning of the twentieth-century, and a few remarks of Deleuze/Guattari regarding semiotics. We take as our main reference the works of Deleuze and Guattari s scholars that read them within the framework of legal theory, our conclusion is that the authors, Warat and Deleuze/Guattari, develop philosophical centered on the creation and the uncanniness of Law instead of them being concerned with truth and the conditions of possibility of the scientific legal knowledge, two common features of earlier legal epistemological concerns.
{"title":"A selvagem criação do direito – um diálogo imaginário entre Luis Alberto Warat e Deleuze/Guattari sobre a semiótica jurídica","authors":"Leonardo Monteiro Crespo De Almeida","doi":"10.5007/2177-7055.2019v41n83p96","DOIUrl":"https://doi.org/10.5007/2177-7055.2019v41n83p96","url":null,"abstract":"This article intends to establish a dialogue between Luis Alberto Warat s project of a critical semiotics of law, one that avoids the common reductionisms of the legal epistemology from the beginning of the twentieth-century, and a few remarks of Deleuze/Guattari regarding semiotics. We take as our main reference the works of Deleuze and Guattari s scholars that read them within the framework of legal theory, our conclusion is that the authors, Warat and Deleuze/Guattari, develop philosophical centered on the creation and the uncanniness of Law instead of them being concerned with truth and the conditions of possibility of the scientific legal knowledge, two common features of earlier legal epistemological concerns.","PeriodicalId":30170,"journal":{"name":"Sequencia Estudos Juridicos e Politicos","volume":"40 1","pages":"96-121"},"PeriodicalIF":0.0,"publicationDate":"2019-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.5007/2177-7055.2019v41n83p96","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43722374","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 : 2019-08-05DOI: 10.5007/2177-7055.2019v41n82p242
J. Sá
Abstract: This article addresses the property right theme from John Rawls theory of justice. The objective is to analyze to what extent Rawls conception of justice accepts the defense of individual private property. In order to reach this objective, we first present the contours of the concept of property and discuss the understanding of property in the context of distributive justice. Finally, we analyze the defense of property from the conception of justice proposed by Rawls. It is intended to demonstrate that the right of property is a substantive liberty, to a certain degree and extent inviolable and unavailable, and that although Rawls does not consider that the right to property of the land deserves to be protected by the first principle, its formulation allows that right to be protected as a basic liberty, in addition to the second principle, to the extent that it enables the reduction of social and economic inequalities and the increasing of equal opportunities
{"title":"Direito de Propriedade e Teoria da Justiça: a defesa da propriedade na justiça distributiva a partir da concepção de John Rawls","authors":"J. Sá","doi":"10.5007/2177-7055.2019v41n82p242","DOIUrl":"https://doi.org/10.5007/2177-7055.2019v41n82p242","url":null,"abstract":"Abstract: This article addresses the property right theme from John Rawls theory of justice. The objective is to analyze to what extent Rawls conception of justice accepts the defense of individual private property. In order to reach this objective, we first present the contours of the concept of property and discuss the understanding of property in the context of distributive justice. Finally, we analyze the defense of property from the conception of justice proposed by Rawls. It is intended to demonstrate that the right of property is a substantive liberty, to a certain degree and extent inviolable and unavailable, and that although Rawls does not consider that the right to property of the land deserves to be protected by the first principle, its formulation allows that right to be protected as a basic liberty, in addition to the second principle, to the extent that it enables the reduction of social and economic inequalities and the increasing of equal opportunities","PeriodicalId":30170,"journal":{"name":"Sequencia Estudos Juridicos e Politicos","volume":"41 1","pages":"242-264"},"PeriodicalIF":0.0,"publicationDate":"2019-08-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.5007/2177-7055.2019v41n82p242","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48454136","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 : 2019-08-05DOI: 10.5007/2177-7055.2019v41n82p288
Mario Sbriccoli
This is a conference held in April 1985 in the context of the discussions on relationships between history and social sciences promoted by the so-called Annales school. How can we build bridges between legal history and history of society in terms of research methods and problems? Understanding law as the juridical dimension of social phenomena, Sbriccoli argues that law cannot be subsidiary in certain research on social practices and that legal historians cannot isolate themselves, they should desdisciplinarize themselves, while maintaining the autonomy of the area, in order to dialogue with history of society, so that an effective exchange can take place. In short, “it is necessary to become bilingual to live and operate in a world that is structurally bilingual”.
{"title":"História do Direito e História da Sociedade: Questões de Método e Problemas de Pesquisa","authors":"Mario Sbriccoli","doi":"10.5007/2177-7055.2019v41n82p288","DOIUrl":"https://doi.org/10.5007/2177-7055.2019v41n82p288","url":null,"abstract":"This is a conference held in April 1985 in the context of the discussions on relationships between history and social sciences promoted by the so-called Annales school. How can we build bridges between legal history and history of society in terms of research methods and problems? Understanding law as the juridical dimension of social phenomena, Sbriccoli argues that law cannot be subsidiary in certain research on social practices and that legal historians cannot isolate themselves, they should desdisciplinarize themselves, while maintaining the autonomy of the area, in order to dialogue with history of society, so that an effective exchange can take place. In short, “it is necessary to become bilingual to live and operate in a world that is structurally bilingual”.","PeriodicalId":30170,"journal":{"name":"Sequencia Estudos Juridicos e Politicos","volume":"41 1","pages":"288-312"},"PeriodicalIF":0.0,"publicationDate":"2019-08-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.5007/2177-7055.2019v41n82p288","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48688407","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 : 2019-08-05DOI: 10.5007/2177-7055.2019v41n82p146
Ademar Pozzatti Junior
The present research investigates if there is a duty of international cooperation on human rights’ grounding or if international collaboration is only an act of courtesy between states. This paper analyses this duty in the human rights’ theory in order to verify if its discourse and practice can build arguments capable of affirming that duty. Therefore, it will use a normative approach to the theme. The hypothesis which guides this research is that both moral and legal grounding of human rights impose an international cooperation obligation. In order to build this argument, firstly if verified how the idea of human rights is related to the idea of international cooperation is. Then, moral and legal grounding of human rights are investigated in order to understand how they can convert the ethical building of solidarity in to political action, in the shape of international cooperation.
{"title":"O dever de cooperação internacional na fundamentação dos direitos humanos","authors":"Ademar Pozzatti Junior","doi":"10.5007/2177-7055.2019v41n82p146","DOIUrl":"https://doi.org/10.5007/2177-7055.2019v41n82p146","url":null,"abstract":"The present research investigates if there is a duty of international cooperation on human rights’ grounding or if international collaboration is only an act of courtesy between states. This paper analyses this duty in the human rights’ theory in order to verify if its discourse and practice can build arguments capable of affirming that duty. Therefore, it will use a normative approach to the theme. The hypothesis which guides this research is that both moral and legal grounding of human rights impose an international cooperation obligation. In order to build this argument, firstly if verified how the idea of human rights is related to the idea of international cooperation is. Then, moral and legal grounding of human rights are investigated in order to understand how they can convert the ethical building of solidarity in to political action, in the shape of international cooperation.","PeriodicalId":30170,"journal":{"name":"Sequencia Estudos Juridicos e Politicos","volume":"41 1","pages":"146-175"},"PeriodicalIF":0.0,"publicationDate":"2019-08-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.5007/2177-7055.2019v41n82p146","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46288194","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 : 2019-08-05DOI: 10.5007/2177-7055.2019v41n82p265
Salete Oro Boff
Technological innovation causes concerns between preserving sustainability values or meeting pressure from economic agents to exploit the ‘new’. Using these assumptions, using the deductive method, we analyze the challenges of technological innovation for intergenerational sustainability. These themes are considered to be related to values and fundamental rights of the human being, which surpass the perceptions of the present, involving the responsibility for future generations.
{"title":"Desafios da Inovação Tecnológica para a Sustentabilidade Intergeracional","authors":"Salete Oro Boff","doi":"10.5007/2177-7055.2019v41n82p265","DOIUrl":"https://doi.org/10.5007/2177-7055.2019v41n82p265","url":null,"abstract":"Technological innovation causes concerns between preserving sustainability values or meeting pressure from economic agents to exploit the ‘new’. Using these assumptions, using the deductive method, we analyze the challenges of technological innovation for intergenerational sustainability. These themes are considered to be related to values and fundamental rights of the human being, which surpass the perceptions of the present, involving the responsibility for future generations.","PeriodicalId":30170,"journal":{"name":"Sequencia Estudos Juridicos e Politicos","volume":"41 1","pages":"265-287"},"PeriodicalIF":0.0,"publicationDate":"2019-08-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.5007/2177-7055.2019v41n82p265","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46583820","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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