Pub Date : 2020-10-08DOI: 10.34060/reesmat.v12i19.348
Ivan Augusto Gonçalves, Vinícius Fernandes Barboza, Delson Henrique Gomes
The organizational environment changes daily. The challenges arise from external and internal factors, directly impacting the results obtained. With the advent of the internet and social networks, a myriad of information is projected onto the manager who, without the ability to analyze all the data, can make decisions that will bring discomfort to the company itself. Although access to information has grown exponentially, applied knowledge still lacks management tools that minimize the risks associated with mismanagement. In this sense ISO 9001, the most famous management methodology known, stands out as the main mechanism to support the planning and management of companies. Based on the Deming cycle or continuous improvement cycle, ISO 9001 is characterized as a structured management tool in the planning (P), execution (D), monitoring (C) and correction (A) of actions aimed at the effective implementation of the process strategy proposed by an organization. Although it has practical application and brings tangible benefits in any type of company (public and private), the methodology has challenges to be overcome. The present article presents the systematics of implementation of the quality management system at the Escola de Magistratura Tocantinense (ESMAT), based on the ABNT NBR ISO 9001: 2015 – quality management system. The implementation of this management model in a public institution is pioneer in the segment, not finding previous case studies and statistical results that provide data for a comparative analysis. This article will therefore serve as an introductory case for the practical application of the principles of quality in the legal environment of the State of Tocantins
组织环境每天都在变化。挑战来自外部和内部因素，直接影响所获得的结果。随着互联网和社交网络的出现，无数的信息被投射到经理身上，而经理没有能力分析所有数据，却可以做出会给公司本身带来不适的决定。尽管获取信息的机会呈指数级增长，但应用知识仍然缺乏将管理不善风险降至最低的管理工具。从这个意义上说，ISO 9001是已知的最著名的管理方法，是支持公司规划和管理的主要机制。基于德明周期或持续改进周期，ISO 9001被描述为一种结构化的管理工具，用于计划（P）、执行（D）、监控（C）和纠正（a）旨在有效实施组织提出的过程战略的行动。尽管它在任何类型的公司（公共和私营）都有实际应用，并带来了实实在在的好处，但该方法仍有挑战需要克服。本文以ABNT NBR ISO 9001:2015质量管理体系为基础，系统地介绍了托坎蒂内斯大学（ESMAT）质量管理体系的实施情况。在公共机构实施这一管理模式是这一领域的先驱，没有发现以前的案例研究和统计结果为比较分析提供数据。因此，本条将作为质量原则在托坎廷斯州法律环境中实际应用的介绍性案例
{"title":"Os DESAFIOS E BENEFÍCIOS DA ISO 9001:2015 NA ESCOLA SUPERIOR DA MAGISTRATURA TOCANTINENSE (ESMAT)","authors":"Ivan Augusto Gonçalves, Vinícius Fernandes Barboza, Delson Henrique Gomes","doi":"10.34060/reesmat.v12i19.348","DOIUrl":"https://doi.org/10.34060/reesmat.v12i19.348","url":null,"abstract":"The organizational environment changes daily. The challenges arise from external and internal factors, directly impacting the results obtained. With the advent of the internet and social networks, a myriad of information is projected onto the manager who, without the ability to analyze all the data, can make decisions that will bring discomfort to the company itself. Although access to information has grown exponentially, applied knowledge still lacks management tools that minimize the risks associated with mismanagement. In this sense ISO 9001, the most famous management methodology known, stands out as the main mechanism to support the planning and management of companies. Based on the Deming cycle or continuous improvement cycle, ISO 9001 is characterized as a structured management tool in the planning (P), execution (D), monitoring (C) and correction (A) of actions aimed at the effective implementation of the process strategy proposed by an organization. Although it has practical application and brings tangible benefits in any type of company (public and private), the methodology has challenges to be overcome. The present article presents the systematics of implementation of the quality management system at the Escola de Magistratura Tocantinense (ESMAT), based on the ABNT NBR ISO 9001: 2015 – quality management system. The implementation of this management model in a public institution is pioneer in the segment, not finding previous case studies and statistical results that provide data for a comparative analysis. This article will therefore serve as an introductory case for the practical application of the principles of quality in the legal environment of the State of Tocantins","PeriodicalId":31433,"journal":{"name":"Revista ESMAT","volume":"12 1","pages":"85-112"},"PeriodicalIF":0.0,"publicationDate":"2020-10-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41512967","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 : 2020-10-08DOI: 10.34060/reesmat.v12i19.353
Henrique Bedetti Bastos Mayrink
This work deals with public interest litigation as an instrument for the implementation of public policies improperly implemented by public authorities. The first is the doctrinal delineation of the indeterminate juridical concept of public interest. Secondly, we analyze the rights and interests protected by the litigation under consideration, namely: diffuse, collective and individual homogeneous. Last but not least, this concerns the legal nature of the judicial procedure and its enforceability, always taking into account the peculiarities of litigation and the very difficult question of fully satisfying the rights of litigants.
{"title":"BREVES CONSIDERAÇÕES SOBRE A LITIGÂNCIA DE INTERESSE PÚBLICO: CARACTERIZAÇÃO, DIREITOS TUTELADOS E EXECUTABILIDADE DAS DECISÕES JUDICIAIS PROFERIDAS","authors":"Henrique Bedetti Bastos Mayrink","doi":"10.34060/reesmat.v12i19.353","DOIUrl":"https://doi.org/10.34060/reesmat.v12i19.353","url":null,"abstract":"This work deals with public interest litigation as an instrument for the implementation of public policies improperly implemented by public authorities. The first is the doctrinal delineation of the indeterminate juridical concept of public interest. Secondly, we analyze the rights and interests protected by the litigation under consideration, namely: diffuse, collective and individual homogeneous. Last but not least, this concerns the legal nature of the judicial procedure and its enforceability, always taking into account the peculiarities of litigation and the very difficult question of fully satisfying the rights of litigants.","PeriodicalId":31433,"journal":{"name":"Revista ESMAT","volume":"12 1","pages":"161-174"},"PeriodicalIF":0.0,"publicationDate":"2020-10-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41541866","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 : 2020-10-08DOI: 10.34060/reesmat.v12i19.349
Eliana Teixeira, Luanna Tomaz de Souza, Valena Jacob Chaves Mesquita
The concern with the quality of legal training, embodied by teaching / learning practices, consistent with what is expected from the qualitative performance of university graduates, runs through the history of Legal Courses and remains until today. Thus, the research aims to answer the following question: how has the Faculty of Law at UFPA acted within the scope of legal practice in order to adapt to the New Curricular Guidelines? The research objectives involve the description of the New Curricular Guidelines no 05/2018 and the demonstration of the academic management process in legal practice and the development highlights of the UFPA Law School. The method to be used will be the rational dialectic, which will excel by comparison and reflection about the consequences and repercussions that will be provoked, based on the effectiveness of the proposed changes. The first section will address the New Curricular Guidelines no 05/2018; the second will address the Legal Practice Nucleus; the third will deal with Law Clinics; the fourth, will demonstrate the academic management process to implement the New Curriculum Guidelines 05/2018, as a practice of consolidating the teaching / learning process, fostering research and extension. Finally, the pioneering work of the Faculty of Law of the Federal University of Para in the process of standardizing mandatory and non-mandatory internships and the performance of legal clinics stands out.
{"title":"AS NOVAS DIRETRIZES CURRICULARES DE DIREITO E AS NOVAS DINÂMICAS DA PRÁTICA JURÍDICA NA UNIVERSIDADE FEDERAL DO PARÁ (UFPA)","authors":"Eliana Teixeira, Luanna Tomaz de Souza, Valena Jacob Chaves Mesquita","doi":"10.34060/reesmat.v12i19.349","DOIUrl":"https://doi.org/10.34060/reesmat.v12i19.349","url":null,"abstract":"The concern with the quality of legal training, embodied by teaching / learning practices, consistent with what is expected from the qualitative performance of university graduates, runs through the history of Legal Courses and remains until today. Thus, the research aims to answer the following question: how has the Faculty of Law at UFPA acted within the scope of legal practice in order to adapt to the New Curricular Guidelines? The research objectives involve the description of the New Curricular Guidelines no 05/2018 and the demonstration of the academic management process in legal practice and the development highlights of the UFPA Law School. The method to be used will be the rational dialectic, which will excel by comparison and reflection about the consequences and repercussions that will be provoked, based on the effectiveness of the proposed changes. The first section will address the New Curricular Guidelines no 05/2018; the second will address the Legal Practice Nucleus; the third will deal with Law Clinics; the fourth, will demonstrate the academic management process to implement the New Curriculum Guidelines 05/2018, as a practice of consolidating the teaching / learning process, fostering research and extension. Finally, the pioneering work of the Faculty of Law of the Federal University of Para in the process of standardizing mandatory and non-mandatory internships and the performance of legal clinics stands out.","PeriodicalId":31433,"journal":{"name":"Revista ESMAT","volume":"12 1","pages":"113-128"},"PeriodicalIF":0.0,"publicationDate":"2020-10-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48550140","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 : 2020-10-08DOI: 10.34060/reesmat.v12i19.355
Mauro Gonzaga Alves Junior
In this article, without pretending to exhaust the theme, we intend to analyze how them is judicialization can contribute to the effective access to justice, as well as, help to speed and effectiveness of the Judiciary. In the meantime, we dare to advance on issues that are often untouchable, such as the so-called "unavailable rights", where, for us, there is a large part of these rights that allow for resolution, or at least an extrajudicial attempt. With the inaugural proposal, we envisage debating how notarial mediation and conciliation can help access to a just legal order and social pacification through the consensual prevention of litigation. For the development of this research was used the deductive method, in addition to bibliographical research.
{"title":"DESJUDICIALIZAÇÃO – ACESSO À JUSTIÇA E DIREITOS INDISPONÍVEIS – COMO EQUACIONAR OS NOVOS PARADIGMAS SOCIAIS ENTRE O JUDICIAL E O EXTRAJUDICIAL","authors":"Mauro Gonzaga Alves Junior","doi":"10.34060/reesmat.v12i19.355","DOIUrl":"https://doi.org/10.34060/reesmat.v12i19.355","url":null,"abstract":"In this article, without pretending to exhaust the theme, we intend to analyze how them is judicialization can contribute to the effective access to justice, as well as, help to speed and effectiveness of the Judiciary. In the meantime, we dare to advance on issues that are often untouchable, such as the so-called \"unavailable rights\", where, for us, there is a large part of these rights that allow for resolution, or at least an extrajudicial attempt. With the inaugural proposal, we envisage debating how notarial mediation and conciliation can help access to a just legal order and social pacification through the consensual prevention of litigation. For the development of this research was used the deductive method, in addition to bibliographical research.","PeriodicalId":31433,"journal":{"name":"Revista ESMAT","volume":"12 1","pages":"175-188"},"PeriodicalIF":0.0,"publicationDate":"2020-10-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47307564","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 : 2020-10-08DOI: 10.34060/reesmat.v12i19.367
Reijane Pinheiro da Silva
Texto da capa.
封面文字。
{"title":"Texto de capa","authors":"Reijane Pinheiro da Silva","doi":"10.34060/reesmat.v12i19.367","DOIUrl":"https://doi.org/10.34060/reesmat.v12i19.367","url":null,"abstract":"Texto da capa.","PeriodicalId":31433,"journal":{"name":"Revista ESMAT","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-10-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45365493","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 : 2020-10-08DOI: 10.34060/reesmat.v12i19.352
Fernanda Duarte Araújo Silva, Josélia da Silveira Nogueira
The objective of the present study is to address the main concepts involving the denominations: efficiency and effectiveness and to correlate the terms with the search for speed in the Judiciary. To reach the results, the bibliographic means of consultation with the research was used, so that it was found that the Brazilian Judiciary has presented results that meet a demand related to deadlines and numbers, while issues related to the quality of judiciary management are reneged second plan.
{"title":"CELERIDADE NO PODER JUDICIÁRIO E A EFICÁCIA","authors":"Fernanda Duarte Araújo Silva, Josélia da Silveira Nogueira","doi":"10.34060/reesmat.v12i19.352","DOIUrl":"https://doi.org/10.34060/reesmat.v12i19.352","url":null,"abstract":"The objective of the present study is to address the main concepts involving the denominations: efficiency and effectiveness and to correlate the terms with the search for speed in the Judiciary. To reach the results, the bibliographic means of consultation with the research was used, so that it was found that the Brazilian Judiciary has presented results that meet a demand related to deadlines and numbers, while issues related to the quality of judiciary management are reneged second plan.","PeriodicalId":31433,"journal":{"name":"Revista ESMAT","volume":"12 1","pages":"145-160"},"PeriodicalIF":0.0,"publicationDate":"2020-10-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41519087","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 : 2020-10-08DOI: 10.34060/reesmat.v12i19.357
Matheus Filipe Poletto Cardoso
This article aims to analyze and evaluate the economics advantages and the decrease of the transaction costs in the application of compliance policies in companies. The main way of analyze will be that wich was propose by Ronald Coase in his articles The Problem of Social Cost and The Nature Of the Firm, among others consecrated authors from, mainly, Chicago School. Will be signal the purposes and the means of the implementing the compliance policies, as well as the profits and the costs that come from this implementation. Eventually, the application of the Brazilian anticorruption law guidelines, sanctioned by the government in 2013, for example, encourages the creation of internal policies with the intention that the companies act in the ethical way and beyond the dictates of the law. Will be propose the importance of the compliance officer like an advisory sector which will bring profits instead the litigiousness of eventually lawsuits. We have conclude, based on Law and Economics prescriptions, such as the Kaldor-Hicks criterion and the Hand Formula, that the costs incurred in compliance have a marginal return greater than the cost.
{"title":"AS VANTAGENS ECONÔMICAS E A MINIMIZAÇÃO DOS CUSTOS DE RESPONSABILIDADE E DE TRANSAÇÃO NA IMPLANTAÇÃO DE POLÍTICAS DE COMPLIANCE NAS EMPRESAS","authors":"Matheus Filipe Poletto Cardoso","doi":"10.34060/reesmat.v12i19.357","DOIUrl":"https://doi.org/10.34060/reesmat.v12i19.357","url":null,"abstract":"This article aims to analyze and evaluate the economics advantages and the decrease of the transaction costs in the application of compliance policies in companies. The main way of analyze will be that wich was propose by Ronald Coase in his articles The Problem of Social Cost and The Nature Of the Firm, among others consecrated authors from, mainly, Chicago School. Will be signal the purposes and the means of the implementing the compliance policies, as well as the profits and the costs that come from this implementation. Eventually, the application of the Brazilian anticorruption law guidelines, sanctioned by the government in 2013, for example, encourages the creation of internal policies with the intention that the companies act in the ethical way and beyond the dictates of the law. Will be propose the importance of the compliance officer like an advisory sector which will bring profits instead the litigiousness of eventually lawsuits. We have conclude, based on Law and Economics prescriptions, such as the Kaldor-Hicks criterion and the Hand Formula, that the costs incurred in compliance have a marginal return greater than the cost.","PeriodicalId":31433,"journal":{"name":"Revista ESMAT","volume":"12 1","pages":"217-236"},"PeriodicalIF":0.0,"publicationDate":"2020-10-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44456808","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 : 2020-10-08DOI: 10.34060/reesmat.v12i19.347
R. Gagliardi, Patrícia Medina
This study, relying on a mainly quantitative exploratory research, diagnoses the microsystem of alternative sanctions in all small judicial districts of the state of Tocantins. It focuses on the cognitive procedural phase, based on efficiency and efficacy parameters. A desk research of criminal proceedings and executions was concatenated with the lawsuits filed between the years 2015 and 2016, as a cutoff criterion. Concurrently, systematic reviews of literature and jurisprudence were undertaken. Its theoretical background identifies itself to the third-generation criminological of social interrelationships, regards especially to the clinical criminology model of social inclusion. It concludes that the Microenvironment of Alternative Sanctions is in full operation and it has many conditions for improvements. There is an appropriate structure of material and personal resources. But there are time procedure problems (extreme delays) and quality problems concerning stablished standards. The operation of the service cannot be considered efficient and efficacious in managerial perspective and therefore has not been proven effective. In the normative perspective, its inefficacy is attached to some legal hypotheses.
{"title":"MICROSSISTEMA DAS PENAS ALTERNATIVAS: ANÁLISE GERENCIAL E NORMATIVA DA FASE COGNITIVA","authors":"R. Gagliardi, Patrícia Medina","doi":"10.34060/reesmat.v12i19.347","DOIUrl":"https://doi.org/10.34060/reesmat.v12i19.347","url":null,"abstract":"This study, relying on a mainly quantitative exploratory research, diagnoses the microsystem of alternative sanctions in all small judicial districts of the state of Tocantins. It focuses on the cognitive procedural phase, based on efficiency and efficacy parameters. A desk research of criminal proceedings and executions was concatenated with the lawsuits filed between the years 2015 and 2016, as a cutoff criterion. Concurrently, systematic reviews of literature and jurisprudence were undertaken. Its theoretical background identifies itself to the third-generation criminological of social interrelationships, regards especially to the clinical criminology model of social inclusion. It concludes that the Microenvironment of Alternative Sanctions is in full operation and it has many conditions for improvements. There is an appropriate structure of material and personal resources. But there are time procedure problems (extreme delays) and quality problems concerning stablished standards. The operation of the service cannot be considered efficient and efficacious in managerial perspective and therefore has not been proven effective. In the normative perspective, its inefficacy is attached to some legal hypotheses.","PeriodicalId":31433,"journal":{"name":"Revista ESMAT","volume":"12 1","pages":"29-84"},"PeriodicalIF":0.0,"publicationDate":"2020-10-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43070849","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 : 2020-10-08DOI: 10.34060/reesmat.v12i19.358
L. Golovko
How to explain some efforts to create a special criminal law’s provisions in economic and financial matter, in particular in criminal procedure? It is possible to reveal two hypothetical logics: the logic of Crime Control, according to which the criminal law has to become more efficient for fighting the economic and financial criminality, and the logic of Doing Business,according to which the criminal law almost has to disappear from the economic sphere not to disturb the economic activity. The Russian criminal law is actually an example of the Doing Business criminal policy’s movement, which brings more problems than positive results. It follows that the Doing Business logic cannot be a criminal policy’s principle in economic and financial matter.
{"title":"CRIME CONTROL OU DOING BUSINESS : QUELLE POLITIQUE PENALE EN MATIERE ECONOMIQUE ET FINANCIERE?","authors":"L. Golovko","doi":"10.34060/reesmat.v12i19.358","DOIUrl":"https://doi.org/10.34060/reesmat.v12i19.358","url":null,"abstract":"How to explain some efforts to create a special criminal law’s provisions in economic and financial matter, in particular in criminal procedure? It is possible to reveal two hypothetical logics: the logic of Crime Control, according to which the criminal law has to become more efficient for fighting the economic and financial criminality, and the logic of Doing Business,according to which the criminal law almost has to disappear from the economic sphere not to disturb the economic activity. The Russian criminal law is actually an example of the Doing Business criminal policy’s movement, which brings more problems than positive results. It follows that the Doing Business logic cannot be a criminal policy’s principle in economic and financial matter.","PeriodicalId":31433,"journal":{"name":"Revista ESMAT","volume":"12 1","pages":"237-252"},"PeriodicalIF":0.0,"publicationDate":"2020-10-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41875234","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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