Pub Date : 2022-06-25DOI: 10.52028/rpgmnit.v1i1.22
M. Carmo
{"title":"Parecer MVSC/PGA nº 33/2017","authors":"M. Carmo","doi":"10.52028/rpgmnit.v1i1.22","DOIUrl":"https://doi.org/10.52028/rpgmnit.v1i1.22","url":null,"abstract":"","PeriodicalId":346094,"journal":{"name":"Revista da Procuradoria Geral do Município de Niterói","volume":"40 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121021780","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 : 2022-06-25DOI: 10.52028/rpgmnit.v1i1.13
Eduardo Tavares
The purpose of this paper is to review tax authority standing to file a bankruptcy petition against the debtor according to Brazilian bankruptcy act and Brazilian Superior Court of Justice precedents. In this regard, the main reasons to deny the bankruptcy petition filled by tax authority are highlighted in order to indicate that these arguments no longer prevail according to Brazilian Superior Court of Justice new precedents.
{"title":"A legitimidade da fazenda pública para requerer a falência do devedor empresário","authors":"Eduardo Tavares","doi":"10.52028/rpgmnit.v1i1.13","DOIUrl":"https://doi.org/10.52028/rpgmnit.v1i1.13","url":null,"abstract":"The purpose of this paper is to review tax authority standing to file a bankruptcy petition against the debtor according to Brazilian bankruptcy act and Brazilian Superior Court of Justice precedents. In this regard, the main reasons to deny the bankruptcy petition filled by tax authority are highlighted in order to indicate that these arguments no longer prevail according to Brazilian Superior Court of Justice new precedents.","PeriodicalId":346094,"journal":{"name":"Revista da Procuradoria Geral do Município de Niterói","volume":"43 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130003395","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 : 2022-06-25DOI: 10.52028/rpgmnit.v1i1.10
R. Vieira
This article aims to demonstrate that the exercise of the public advocacy functions, in all political entities, should be developed exclusively by civil servants. The very nature of the subject is practical, as proved by the discussions concerning PSV (Proposta de Súmula Vinculante - Binding Precedent) nº 18. In spite of its mentioning such exclusiveness, it does not oblige the municipalities which have not organized their attorney offices to follow the decision. Such statement will be questioned on the basis of: i) the symmetry and the equality principles among the federation entities; ii) the fact that the public advocacy constitutes a typical State career that claims for inviolability, effectiveness and qualified functional stability; iii) the conclusions reached by the 1st Municipal Public Advocacy Diagnosis in Brazil, which show it is more economical to carry out the tender procedure in order to hire a civil servant lawyer than to maintain an office commissioned worker; iv) the adequate development of municipal administrative competence outlined in the Constitution always requiring juridical activities of internal control of legality. Subsequently, PSV nº 18 will be critically analysed and an ex officio amendment by the Federal Supreme Court will be suggested in order to exclude the remark of the original text and consign: “The exercise of the Public Advocacy functions, in the Federation, in the States, in Federal District and in the Municipalities is to be exclusively held by civil servant lawyers according to the articles 37, II, 131 and 132 of the 1988 Federal Constitution.
本文旨在证明，在所有政治实体中，公共宣传职能的行使应完全由公务员发展。正如关于PSV (Proposta de Súmula Vinculante - Binding Precedent) nº18的讨论所证明的那样，这一主题的本质是实际的。尽管它提到了这种排他性，但它并不要求尚未组织其律师办公室的市政当局遵守该决定。这种说法将受到质疑，依据是:1)联邦实体之间的对称性和平等原则;(ii)公共宣传是一种典型的国家职业，要求不可侵犯、有效和合格的功能稳定性;iii)巴西第一次市政公共倡导诊断得出的结论表明，为了聘请一名公务员律师而进行招标程序比维持一名办公室委托工作人员更经济;(四)充分发展《宪法》所概述的市政行政权限，始终要求对合法性进行内部控制的司法活动。随后，将对PSV nº18进行批判性分析，并建议联邦最高法院依职权作出修正，以排除原文的注释，并规定:“根据1988年联邦宪法第37、第二、131和132条，在联邦、各州、联邦区和各市，公共宣传职能的行使将完全由公务员律师行使。
{"title":"O exercício das funções da advocacia pública como atividade exclusiva dos advogados públicos efetivos: uma releitura da Proposta de Súmula Vinculante nº 18 do STF à luz dos dados publicados no 1º Diagnóstico de Advocacia Pública Municipal no Brasil (2019)","authors":"R. Vieira","doi":"10.52028/rpgmnit.v1i1.10","DOIUrl":"https://doi.org/10.52028/rpgmnit.v1i1.10","url":null,"abstract":"This article aims to demonstrate that the exercise of the public advocacy functions, in all political entities, should be developed exclusively by civil servants. The very nature of the subject is practical, as proved by the discussions concerning PSV (Proposta de Súmula Vinculante - Binding Precedent) nº 18. In spite of its mentioning such exclusiveness, it does not oblige the municipalities which have not organized their attorney offices to follow the decision. Such statement will be questioned on the basis of: i) the symmetry and the equality principles among the federation entities; ii) the fact that the public advocacy constitutes a typical State career that claims for inviolability, effectiveness and qualified functional stability; iii) the conclusions reached by the 1st Municipal Public Advocacy Diagnosis in Brazil, which show it is more economical to carry out the tender procedure in order to hire a civil servant lawyer than to maintain an office commissioned worker; iv) the adequate development of municipal administrative competence outlined in the Constitution always requiring juridical activities of internal control of legality. Subsequently, PSV nº 18 will be critically analysed and an ex officio amendment by the Federal Supreme Court will be suggested in order to exclude the remark of the original text and consign: “The exercise of the Public Advocacy functions, in the Federation, in the States, in Federal District and in the Municipalities is to be exclusively held by civil servant lawyers according to the articles 37, II, 131 and 132 of the 1988 Federal Constitution.","PeriodicalId":346094,"journal":{"name":"Revista da Procuradoria Geral do Município de Niterói","volume":"46 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116485888","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 : 2022-06-25DOI: 10.52028/rpgmnit.v1i1.12
Raquel Morgan
The phenomenon of judicial activism, when manifesting itself on the judicial review of public policies aimed at realizing fundamental social rights, materializes the dilemma between universal access to the right and justice in the concrete case. In a pandemic context, this dilemma is added to the conflict between federative autonomy and separation of Powers, crystallized in ADI n. 6341/DF. Despite the constitutional clarity regarding the governing principles of Brazil’s Unified Health System, the scenario of serious health crisis revealed the misalignment between judicial decisions implementing microjustice and administrative guidelines in matters of public health.
{"title":"Controle judicial de políticas públicas em cenário pandêmico: uma análise da ADI nº 6.341/DF","authors":"Raquel Morgan","doi":"10.52028/rpgmnit.v1i1.12","DOIUrl":"https://doi.org/10.52028/rpgmnit.v1i1.12","url":null,"abstract":"The phenomenon of judicial activism, when manifesting itself on the judicial review of public policies aimed at realizing fundamental social rights, materializes the dilemma between universal access to the right and justice in the concrete case. In a pandemic context, this dilemma is added to the conflict between federative autonomy and separation of Powers, crystallized in ADI n. 6341/DF. Despite the constitutional clarity regarding the governing principles of Brazil’s Unified Health System, the scenario of serious health crisis revealed the misalignment between judicial decisions implementing microjustice and administrative guidelines in matters of public health.","PeriodicalId":346094,"journal":{"name":"Revista da Procuradoria Geral do Município de Niterói","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130443198","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 : 2022-06-25DOI: 10.52028/rpgmnit.v1i1.17
Priscila Schechter
The article aims to examine the institute of the stabilization of the interlocutory relief required in a previous character and its application to the Nacional Treasury. In the first part, the subject is situated with the advent of the new Code. In the second part, the micro-system of the legal remedy is treated by the monitory technique. In the third part, the distinction between stabilization and the claim preclusion is addressed. In the fourth, the doctrinal understanding of the matter is analyzed. In the fifth, judicial decisions on the subject are indicated. In the sixth, the conclusions obtained are highlighted.
{"title":"A estabilização da tutela antecipada antecedente e a fazenda pública","authors":"Priscila Schechter","doi":"10.52028/rpgmnit.v1i1.17","DOIUrl":"https://doi.org/10.52028/rpgmnit.v1i1.17","url":null,"abstract":"The article aims to examine the institute of the stabilization of the interlocutory relief required in a previous character and its application to the Nacional Treasury. In the first part, the subject is situated with the advent of the new Code. In the second part, the micro-system of the legal remedy is treated by the monitory technique. In the third part, the distinction between stabilization and the claim preclusion is addressed. In the fourth, the doctrinal understanding of the matter is analyzed. In the fifth, judicial decisions on the subject are indicated. In the sixth, the conclusions obtained are highlighted.","PeriodicalId":346094,"journal":{"name":"Revista da Procuradoria Geral do Município de Niterói","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125550969","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 : 2022-06-25DOI: 10.52028/rpgmnit.v1i1.16
G. Sokal
This paper analyzes the binding interpretation given by the Superior Court of Justice in regard to the initial term and the way of counting the suspension and intercurrent limitation period regulated by art. 40 of the Law nº 6.830/80, under a critical perspective guided by the light of the fundamental guarantees and the chronic ineffectiveness of tax enforcement in Brazil. At the end, a few new trends brought by the recent reform done by the Law nº 14.195/2021 on the Civil Procedure Code will be pointed out.
{"title":"A prescrição intercorrente na execução fiscal na visão do STJ: notas críticas e perspectivas com a Lei nº 14.195/2021","authors":"G. Sokal","doi":"10.52028/rpgmnit.v1i1.16","DOIUrl":"https://doi.org/10.52028/rpgmnit.v1i1.16","url":null,"abstract":"This paper analyzes the binding interpretation given by the Superior Court of Justice in regard to the initial term and the way of counting the suspension and intercurrent limitation period regulated by art. 40 of the Law nº 6.830/80, under a critical perspective guided by the light of the fundamental guarantees and the chronic ineffectiveness of tax enforcement in Brazil. At the end, a few new trends brought by the recent reform done by the Law nº 14.195/2021 on the Civil Procedure Code will be pointed out.","PeriodicalId":346094,"journal":{"name":"Revista da Procuradoria Geral do Município de Niterói","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128484220","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 : 2022-06-25DOI: 10.52028/rpgmnit.v1i1.21
G. Mello
This project seeks to describe the phenomenon of climate change, analyzing its possible causes and consequences, as well as inserting it in the context of modern cities. Likewise, it seeks to establish a parallel between the urban law and the aforementioned phenomenon, in order to think about how the public policy for urban development, in its different biases, can help to promote a more sustainable way of life for the citizens of the city and, consequently, promote climate action. The solutions proposed here will be based on the assumption of the existence of the fundamental right to a stable climate, as well as the fundamental right to sustainable cities, as well as on the idea of the city as the primary locus for the development of human dignity. Without prejudice, efforts will also be made to devise ways in which public authorities can be urged to take the lead in policy development and in the adoption of the measures proposed herein, notably through the so-called climate litigation.
{"title":"Mudanças climáticas e cidades sustentáveis","authors":"G. Mello","doi":"10.52028/rpgmnit.v1i1.21","DOIUrl":"https://doi.org/10.52028/rpgmnit.v1i1.21","url":null,"abstract":"This project seeks to describe the phenomenon of climate change, analyzing its possible causes and consequences, as well as inserting it in the context of modern cities. Likewise, it seeks to establish a parallel between the urban law and the aforementioned phenomenon, in order to think about how the public policy for urban development, in its different biases, can help to promote a more sustainable way of life for the citizens of the city and, consequently, promote climate action. The solutions proposed here will be based on the assumption of the existence of the fundamental right to a stable climate, as well as the fundamental right to sustainable cities, as well as on the idea of the city as the primary locus for the development of human dignity. Without prejudice, efforts will also be made to devise ways in which public authorities can be urged to take the lead in policy development and in the adoption of the measures proposed herein, notably through the so-called climate litigation.","PeriodicalId":346094,"journal":{"name":"Revista da Procuradoria Geral do Município de Niterói","volume":"54 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126797971","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 : 2022-06-25DOI: 10.52028/rpgmnit.v1i1.01
Renan Pontes de Moura
The article aims to discuss the difficulty of achieving a theoretical model of Public Administration for Results in view of the obstacles imposed on the public management routine, addressing the need to reformulate Law 8.666/93, the regime of public servants and the intervention of the Judiciary in regulation and state planning. The reflexive analysis of existing innovative proposals such as the “electronic scoreboard”, administrative reform and other administrative management measures show the way to improve efficiency in the public sector.
{"title":"Burocracia e eficiência: o desafio da concepção de administração pública por resultados em face dos entraves impostos ao cotidiano da gestão pública","authors":"Renan Pontes de Moura","doi":"10.52028/rpgmnit.v1i1.01","DOIUrl":"https://doi.org/10.52028/rpgmnit.v1i1.01","url":null,"abstract":"The article aims to discuss the difficulty of achieving a theoretical model of Public Administration for Results in view of the obstacles imposed on the public management routine, addressing the need to reformulate Law 8.666/93, the regime of public servants and the intervention of the Judiciary in regulation and state planning. The reflexive analysis of existing innovative proposals such as the “electronic scoreboard”, administrative reform and other administrative management measures show the way to improve efficiency in the public sector.","PeriodicalId":346094,"journal":{"name":"Revista da Procuradoria Geral do Município de Niterói","volume":"2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126774915","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 : 2022-06-25DOI: 10.52028/rpgmnit.v1i1.02
A. Barbosa
The purpose of this article is to expound controversial aspects and aspects of high practical relevance, specifically related to the extension and amendment of engineering work contracts entered into by the Public Administration. The first topic to be addressed concerns the duration of contracts of this kind. Following on, will be discussed the controversy involving the (lack of) need of entering into an amendment for the purpose of extension of the term of effectiveness. The practical consequences of an eventual lack of formalization of an amendment are also examined. And at last, the matter related to legal possibility to be made quantitative amendments in contracts by global price will be analyzed.
{"title":"Questões relevantes e polêmicas envolvendo os contratos administrativos de obras públicas","authors":"A. Barbosa","doi":"10.52028/rpgmnit.v1i1.02","DOIUrl":"https://doi.org/10.52028/rpgmnit.v1i1.02","url":null,"abstract":"The purpose of this article is to expound controversial aspects and aspects of high practical relevance, specifically related to the extension and amendment of engineering work contracts entered into by the Public Administration. The first topic to be addressed concerns the duration of contracts of this kind. Following on, will be discussed the controversy involving the (lack of) need of entering into an amendment for the purpose of extension of the term of effectiveness. The practical consequences of an eventual lack of formalization of an amendment are also examined. And at last, the matter related to legal possibility to be made quantitative amendments in contracts by global price will be analyzed.","PeriodicalId":346094,"journal":{"name":"Revista da Procuradoria Geral do Município de Niterói","volume":"40 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130722100","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 : 2022-06-25DOI: 10.52028/rpgmnit.v1i1.05
Flavio García
This article adresses how alternative dispute resolution gained ground in Contemporary Administrative Law, especially in the scope of action of Public Advocacy. The article notes that the administrative proceeding has not, in the last decades, assumed the role it deserved in the resolution of conflicts, being replaced by the excessive judicialization of these demands. There is, however, a change in the attitude of Public Advocacy with the valuation of consensuality and the perception that they must play an important role in conflict mediation, avoiding the unnecessary judicialization of the demand. The article shows how mediation and conciliation have played an important role in the prevention and resolution of conflicts with the Public Administration, and helped Public Advocacy to develop a proactive role, focused on preventive advocacy.
{"title":"Notas sobre mediação, conciliação e as funções da advocacia pública: uma perspectiva à luz do direito administrativo contemporâneo","authors":"Flavio García","doi":"10.52028/rpgmnit.v1i1.05","DOIUrl":"https://doi.org/10.52028/rpgmnit.v1i1.05","url":null,"abstract":"This article adresses how alternative dispute resolution gained ground in Contemporary Administrative Law, especially in the scope of action of Public Advocacy. The article notes that the administrative proceeding has not, in the last decades, assumed the role it deserved in the resolution of conflicts, being replaced by the excessive judicialization of these demands. There is, however, a change in the attitude of Public Advocacy with the valuation of consensuality and the perception that they must play an important role in conflict mediation, avoiding the unnecessary judicialization of the demand. The article shows how mediation and conciliation have played an important role in the prevention and resolution of conflicts with the Public Administration, and helped Public Advocacy to develop a proactive role, focused on preventive advocacy.","PeriodicalId":346094,"journal":{"name":"Revista da Procuradoria Geral do Município de Niterói","volume":"18 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132998126","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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