Pub Date : 2022-06-25DOI: 10.52028/rpgmnit.v1i1.15
Gustavo Oliveira
The intent of this work is to reflect on the influence of the Fiscal Responsibility Law (LRF) on the legislative autonomy of subnational governments in Brazil.
这项工作的目的是反映财政责任法(LRF)对巴西地方政府立法自治的影响。
{"title":"A Lei de Responsabilidade Fiscal e a autonomia legislativa dos estados e municípios","authors":"Gustavo Oliveira","doi":"10.52028/rpgmnit.v1i1.15","DOIUrl":"https://doi.org/10.52028/rpgmnit.v1i1.15","url":null,"abstract":"The intent of this work is to reflect on the influence of the Fiscal Responsibility Law (LRF) on the legislative autonomy of subnational governments in Brazil.","PeriodicalId":346094,"journal":{"name":"Revista da Procuradoria Geral do Município de Niterói","volume":"251 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":"133687180","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.v1i1.20
L. Oliveira
In a globalized world, with Brazilian society naturally increasingly integrated with that of other countries, popular tolerance for problems such as corruption and poor provision of public services decreases and there is an awakening of demands for improvements. The people's demands are directed towards, in addition to the sensitive areas of health, education and probity, to urban infrastructure interventions directly linked to urban planning, precisely because cities are home to the overwhelming majority of the population. In this context, achieving federative autonomy by the 1988 constitution, also influenced by the spontaneous social phenomenon of urbanization, the municipality leaves its once timid role in the realization of fundamental rights to receive, by express option of the constituent, the task of executing urban policy defined in its master plan, ensuring the sustainable management of cities as a prominent diffuse right. Thus, the importance of urban planning rights is expanded, contributing to this protagonism, mainly through what is called “Active or Operational Urbanism”, which, far from being limited to the control of the exercise by the individual of the right to property and to build, is preordained to transform the artificial environment built by man through urbanization actions, benefiting and re-benefiting the habitable spaces with the scope of giving citizens a functional, sustainable and balanced city, meeting the most acute and modern popular desires. The peculiarities of the execution of urban policy to which the 3 levels of the federation under municipal leadership compete, are also analyzed in light of the specific attributions of the local entity for planning and controlling the use, subdivision and occupation of land and execution of the urban policy, inspired by cooperative federalism, by the clause of local interest and the principle of federative subsidiarity, which translate into an indisputable municipalization of actions (articles 23, single paragraph, 30, I and VIII and 182 of the Constitution).
{"title":"O município protagonista: breve análise da execução da política urbana à luz do artigo 182 da Constituição","authors":"L. Oliveira","doi":"10.52028/rpgmnit.v1i1.20","DOIUrl":"https://doi.org/10.52028/rpgmnit.v1i1.20","url":null,"abstract":"In a globalized world, with Brazilian society naturally increasingly integrated with that of other countries, popular tolerance for problems such as corruption and poor provision of public services decreases and there is an awakening of demands for improvements. The people's demands are directed towards, in addition to the sensitive areas of health, education and probity, to urban infrastructure interventions directly linked to urban planning, precisely because cities are home to the overwhelming majority of the population. In this context, achieving federative autonomy by the 1988 constitution, also influenced by the spontaneous social phenomenon of urbanization, the municipality leaves its once timid role in the realization of fundamental rights to receive, by express option of the constituent, the task of executing urban policy defined in its master plan, ensuring the sustainable management of cities as a prominent diffuse right. Thus, the importance of urban planning rights is expanded, contributing to this protagonism, mainly through what is called “Active or Operational Urbanism”, which, far from being limited to the control of the exercise by the individual of the right to property and to build, is preordained to transform the artificial environment built by man through urbanization actions, benefiting and re-benefiting the habitable spaces with the scope of giving citizens a functional, sustainable and balanced city, meeting the most acute and modern popular desires. The peculiarities of the execution of urban policy to which the 3 levels of the federation under municipal leadership compete, are also analyzed in light of the specific attributions of the local entity for planning and controlling the use, subdivision and occupation of land and execution of the urban policy, inspired by cooperative federalism, by the clause of local interest and the principle of federative subsidiarity, which translate into an indisputable municipalization of actions (articles 23, single paragraph, 30, I and VIII and 182 of the Constitution).","PeriodicalId":346094,"journal":{"name":"Revista da Procuradoria Geral do Município de Niterói","volume":"29 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":"125411611","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.v1i1.23
M. Carmo
{"title":"Parecer nº 04/MVSC/PGA/2017","authors":"M. Carmo","doi":"10.52028/rpgmnit.v1i1.23","DOIUrl":"https://doi.org/10.52028/rpgmnit.v1i1.23","url":null,"abstract":"","PeriodicalId":346094,"journal":{"name":"Revista da Procuradoria Geral do Município de Niterói","volume":"48 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":"124101281","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.v1i1.09
Vinicio Salvarezza
This article draws from the teachings of behavioral science to support the use of nudges as the preferred solution for regulating the exercise of freedom of expression on social networks, since it is in line with the prima facie preferential nature of freedom of expression and the rule of art.19 of the Marco Civil da Internet. Thus, the theoretical and normative basis for defending the regulation of choice architectures guided by network providers' algorithms is presented first. After that, some examples of promising nudges will be enunciated, compatible with the Brazilian legal system, whose use could be encouraged to reduce the circulation of fake news on networks, without prejudice to the enumeration of some of the limitations of the proposed approach.
{"title":"Liberdade de expressão e arquitetura de escolhas: um “empurrão” em direção a redes mais sociais","authors":"Vinicio Salvarezza","doi":"10.52028/rpgmnit.v1i1.09","DOIUrl":"https://doi.org/10.52028/rpgmnit.v1i1.09","url":null,"abstract":"This article draws from the teachings of behavioral science to support the use of nudges as the preferred solution for regulating the exercise of freedom of expression on social networks, since it is in line with the prima facie preferential nature of freedom of expression and the rule of art.19 of the Marco Civil da Internet. Thus, the theoretical and normative basis for defending the regulation of choice architectures guided by network providers' algorithms is presented first. After that, some examples of promising nudges will be enunciated, compatible with the Brazilian legal system, whose use could be encouraged to reduce the circulation of fake news on networks, without prejudice to the enumeration of some of the limitations of the proposed approach.","PeriodicalId":346094,"journal":{"name":"Revista da Procuradoria Geral do Município de Niterói","volume":"29 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":"122777488","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.v1i1.07
Rafael Freitas
The aim of this essay is to investigate the application of the Theory of Imprevision (Teoria da Imprevisão), as laid down in article 65, II, d, of Law n. 8.666/1993, to concession contracts. Therefore, it is carried out the legal differentiation between the economic-financial balance of the concession contracts and the economic-financial balance of the short-term contracts dealt with in Law n. 8.666/1993; the re-reading of the Theory of Imprevision in light of the Incomplete Contracts Theory and in light of the models of contractual regulation.
本文的目的是调查第8.666/1993号法律第65、II、d条所规定的无预见性理论(Teoria da imprevis)在特许合同中的应用。因此，第8.666/1993号法律对特许合同的经济财政平衡与短期合同的经济财政平衡进行了法律区分;在不完全契约理论和契约规制模型的基础上，重新解读不确定性理论。
{"title":"Incompletude em contratos de concessão: ainda a teoria da imprevisão?*","authors":"Rafael Freitas","doi":"10.52028/rpgmnit.v1i1.07","DOIUrl":"https://doi.org/10.52028/rpgmnit.v1i1.07","url":null,"abstract":"The aim of this essay is to investigate the application of the Theory of Imprevision (Teoria da Imprevisão), as laid down in article 65, II, d, of Law n. 8.666/1993, to concession contracts. Therefore, it is carried out the legal differentiation between the economic-financial balance of the concession contracts and the economic-financial balance of the short-term contracts dealt with in Law n. 8.666/1993; the re-reading of the Theory of Imprevision in light of the Incomplete Contracts Theory and in light of the models of contractual regulation.","PeriodicalId":346094,"journal":{"name":"Revista da Procuradoria Geral do Município de Niterói","volume":"41 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":"114831635","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.v1i1.26
L. Oliveira
{"title":"Parecer nº 06/LTO/2020","authors":"L. Oliveira","doi":"10.52028/rpgmnit.v1i1.26","DOIUrl":"https://doi.org/10.52028/rpgmnit.v1i1.26","url":null,"abstract":"","PeriodicalId":346094,"journal":{"name":"Revista da Procuradoria Geral do Município de Niterói","volume":"26 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":"124064596","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.v1i1.14
R. Pereira
This article aims to analyse the recent jurisprudence of the Brazilian Supreme Court regarding the constitutional concept of service, for purposes of ISS taxation, as well as the (dis)importance of the distinction between types and concepts for the subject. In this sense, through the analysis of the leading cases of the Court, it is concluded that there was no abandonment of the idea of service as an obligation to do, remaining, however, lacking uniformity in the judgments regarding the need for the preponderance of “doing” for purposes of configuring the activity as a service. The usefulness of the discussion between types and concepts for the controversy is removed, since, in any case, it will be necessary to establish a minimum element for the conception of taxable service. Finally, we proceed to the analysis of what this element would be, reaching the conclusion, through the application of literal, systematic and historical-teleological methods of interpretation, that the Constitution adopted the concept of service present in the Economy, coinciding with that of immaterial utility, further emphasizing, in our opinion, the need to investigate the preponderance.
{"title":"Tipos, conceitos e serviços de qualquer natureza – houve superação da dicotomia obrigação de dar x obrigação de fazer pelo STF?","authors":"R. Pereira","doi":"10.52028/rpgmnit.v1i1.14","DOIUrl":"https://doi.org/10.52028/rpgmnit.v1i1.14","url":null,"abstract":"This article aims to analyse the recent jurisprudence of the Brazilian Supreme Court regarding the constitutional concept of service, for purposes of ISS taxation, as well as the (dis)importance of the distinction between types and concepts for the subject. In this sense, through the analysis of the leading cases of the Court, it is concluded that there was no abandonment of the idea of service as an obligation to do, remaining, however, lacking uniformity in the judgments regarding the need for the preponderance of “doing” for purposes of configuring the activity as a service. The usefulness of the discussion between types and concepts for the controversy is removed, since, in any case, it will be necessary to establish a minimum element for the conception of taxable service. Finally, we proceed to the analysis of what this element would be, reaching the conclusion, through the application of literal, systematic and historical-teleological methods of interpretation, that the Constitution adopted the concept of service present in the Economy, coinciding with that of immaterial utility, further emphasizing, in our opinion, the need to investigate the preponderance.","PeriodicalId":346094,"journal":{"name":"Revista da Procuradoria Geral do Município de Niterói","volume":"38 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":"133423714","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.v1i1.18
K. Diniz, S. Souza
The Supreme Court, in a recent decision, recognized the need for prior administrative request to set the interest of acting in which to propose a lawsuit. This article lists the main arguments that the rapporteur of the case, Minister Luís Roberto Barroso, used to render its decision.
{"title":"Necessidade de prévio requerimento administrativo para propositura de ação judicial","authors":"K. Diniz, S. Souza","doi":"10.52028/rpgmnit.v1i1.18","DOIUrl":"https://doi.org/10.52028/rpgmnit.v1i1.18","url":null,"abstract":"The Supreme Court, in a recent decision, recognized the need for prior administrative request to set the interest of acting in which to propose a lawsuit. This article lists the main arguments that the rapporteur of the case, Minister Luís Roberto Barroso, used to render its decision.","PeriodicalId":346094,"journal":{"name":"Revista da Procuradoria Geral do Município de Niterói","volume":"23 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":"131397368","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.v1i1.11
Eduardo Fernandes
This article has for object the parameterization undertaken by the thesis fixed by the STF as to what is a gross error in the context of public policies developed to face the sanitary and economic developments of the Civid-19 pandemic. In turn, the objective is to debate how the established thesis tend to be interpreted considering of the STF's jurisprudence regarding the application of the precautionary principle.
{"title":"Dever de agir e precaução: uma análise à luz da tese fixada no julgamento de constitucionalidade da MP nº 966/2020 pelo STF","authors":"Eduardo Fernandes","doi":"10.52028/rpgmnit.v1i1.11","DOIUrl":"https://doi.org/10.52028/rpgmnit.v1i1.11","url":null,"abstract":"This article has for object the parameterization undertaken by the thesis fixed by the STF as to what is a gross error in the context of public policies developed to face the sanitary and economic developments of the Civid-19 pandemic. In turn, the objective is to debate how the established thesis tend to be interpreted considering of the STF's jurisprudence regarding the application of the precautionary principle.","PeriodicalId":346094,"journal":{"name":"Revista da Procuradoria Geral do Município de Niterói","volume":"294 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":"115407030","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.v1i1.03
Soraya Cesarino
The purpose of this article is to deal with the issue of possibility or not the contractor may assign his credit (receivables) resulting from an administrative contract signed with the Municipality, even though there is no express provision in Federal Law 8.666/ 93 and/or in the notice and in the contract. Based on the express supplementary application of the rules of private law to administrative contracts, we believe it is possible to make the legal business effective, provided that the competent amendment is signed.
{"title":"Cessão de crédito decorrente de contrato administrativo firmado com o município","authors":"Soraya Cesarino","doi":"10.52028/rpgmnit.v1i1.03","DOIUrl":"https://doi.org/10.52028/rpgmnit.v1i1.03","url":null,"abstract":"The purpose of this article is to deal with the issue of possibility or not the contractor may assign his credit (receivables) resulting from an administrative contract signed with the Municipality, even though there is no express provision in Federal Law 8.666/ 93 and/or in the notice and in the contract. Based on the express supplementary application of the rules of private law to administrative contracts, we believe it is possible to make the legal business effective, provided that the competent amendment is signed.","PeriodicalId":346094,"journal":{"name":"Revista da Procuradoria Geral do Município de Niterói","volume":"28 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":"125482086","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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