Pub Date : 2019-09-19DOI: 10.30749/2674-9734.v1n1a233
Guilherme Calmon Nogueira da Gama, Bruno Lima do Amaral Roale
This article seeks to analyze the issue of de facto capacity and the incapable person from the beginning of the Civil Code of 1916 until the present day, due to the validity of the Statute of the Disabled People, which even amended significantly the contemporary disability regime. It is necessary to analyze and understand the new model of the disability regime in Brazilian Civil Law that is associated and based on the value and fundamental principle of the Brazilian legal system, namely, the dignity of the human person, including the person with disabilities.
{"title":"REGIME DAS INCAPACIDADES E SUAS PRINCIPAIS MUDANÇAS","authors":"Guilherme Calmon Nogueira da Gama, Bruno Lima do Amaral Roale","doi":"10.30749/2674-9734.v1n1a233","DOIUrl":"https://doi.org/10.30749/2674-9734.v1n1a233","url":null,"abstract":"This article seeks to analyze the issue of de facto capacity and the incapable person from the beginning of the Civil Code of 1916 until the present day, due to the validity of the Statute of the Disabled People, which even amended significantly the contemporary disability regime. It is necessary to analyze and understand the new model of the disability regime in Brazilian Civil Law that is associated and based on the value and fundamental principle of the Brazilian legal system, namely, the dignity of the human person, including the person with disabilities.","PeriodicalId":356001,"journal":{"name":"Revista Juscontemporânea","volume":"20 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-09-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126858426","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 : 2019-09-19DOI: 10.30749/2674-9734.v1n1a224
Priscila Elise Alves Vasconcelos, C. Mello
This paper aims to demonstrate how the Brazilian legal system comes dealing with issues involving new technologies. One of the innovations that have emerged in recent times, was delimited the scope of the search in the drones or unmanned aerial vehicles, the UAV ´ s. With the advent of the regulations of ANAC in 2017, some gaps were filled and other remained. The main objective of the research is to demonstrate how the federal agency about the drones in the criminal aspect and treatment set fits to current demands. For this we conducted a bibliographical and empirical study, based on official data, relevant legislation and case law. An innicial analysis was conducted with the main countries of Europe and the penal treatment assigned to the incidents involving the technology discussed here.
{"title":"RESPONSABILIDADE PENAL E NOVAS TECNOLOGIAS: DESAFIO DO DIREITO NO SÉCULO XXI SOBRE O USO DE DRONES OU VANT's","authors":"Priscila Elise Alves Vasconcelos, C. Mello","doi":"10.30749/2674-9734.v1n1a224","DOIUrl":"https://doi.org/10.30749/2674-9734.v1n1a224","url":null,"abstract":"This paper aims to demonstrate how the Brazilian legal system comes dealing with issues involving new technologies. One of the innovations that have emerged in recent times, was delimited the scope of the search in the drones or unmanned aerial vehicles, the UAV ´ s. With the advent of the regulations of ANAC in 2017, some gaps were filled and other remained. The main objective of the research is to demonstrate how the federal agency about the drones in the criminal aspect and treatment set fits to current demands. For this we conducted a bibliographical and empirical study, based on official data, relevant legislation and case law. An innicial analysis was conducted with the main countries of Europe and the penal treatment assigned to the incidents involving the technology discussed here.","PeriodicalId":356001,"journal":{"name":"Revista Juscontemporânea","volume":"115 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-09-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116279798","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 : 2019-09-19DOI: 10.30749/2674-9734.v1n1a260
Gustavo Magno Felipe Franco, André Panno Beirão
After a long period of controversy and doubts about the role of the Maritime Court within our legal system, the doctrine has finally settled it as a proof of relative presumption. However, the day-to-day praxis of the workman reveals a scenario where such certainty is confronted with the theory of professional risk, generating in turn a possible loss of importance of the judgments of that Court as evidence in the final decision of labor proceedings. Hence the present study uses as a tool the qualitative and quantitative analysis of the jurisprudence of the Regional Labor Courts of the 1st, 2nd, 3rd and 17th Regions published since 2010 to analyze the practical relationship between the Maritime Court and Labor Justice. As a result, it is exposed that this is a friendly relationship, in which both Courts respect the competence of others. However, in the end, it also emerges that these TRTs, even though they recognize the presumption of relative certainty of MC decisions, they do not relay on them because of their own technicalities.
{"title":"A REPERCUSSÃO DAS DECISÕES DO TRIBUNAL MARÍTIMO NOS TRIBUNAIS REGIONAIS DO TRABALHO DA 1ª, 2ª, 3ª e 17ª REGIÕES.","authors":"Gustavo Magno Felipe Franco, André Panno Beirão","doi":"10.30749/2674-9734.v1n1a260","DOIUrl":"https://doi.org/10.30749/2674-9734.v1n1a260","url":null,"abstract":"After a long period of controversy and doubts about the role of the Maritime Court within our legal system, the doctrine has finally settled it as a proof of relative presumption. However, the day-to-day praxis of the workman reveals a scenario where such certainty is confronted with the theory of professional risk, generating in turn a possible loss of importance of the judgments of that Court as evidence in the final decision of labor proceedings. Hence the present study uses as a tool the qualitative and quantitative analysis of the jurisprudence of the Regional Labor Courts of the 1st, 2nd, 3rd and 17th Regions published since 2010 to analyze the practical relationship between the Maritime Court and Labor Justice. As a result, it is exposed that this is a friendly relationship, in which both Courts respect the competence of others. However, in the end, it also emerges that these TRTs, even though they recognize the presumption of relative certainty of MC decisions, they do not relay on them because of their own technicalities.","PeriodicalId":356001,"journal":{"name":"Revista Juscontemporânea","volume":"62 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-09-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114958945","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 : 2019-09-19DOI: 10.30749/2674-9734.v1n1a250
Fernanda Galhego
This study analyses the deontological aspects and the legal-criminal issues related to the creation and management of medical profiles with professional content in social networks.
本研究分析了在社交网络中创建和管理具有专业内容的医学档案的义务论方面和法律犯罪问题。
{"title":"AS REDES SOCIAIS E A ATIVIDADE MÉDICA","authors":"Fernanda Galhego","doi":"10.30749/2674-9734.v1n1a250","DOIUrl":"https://doi.org/10.30749/2674-9734.v1n1a250","url":null,"abstract":"This study analyses the deontological aspects and the legal-criminal issues related to the creation and management of medical profiles with professional content in social networks.","PeriodicalId":356001,"journal":{"name":"Revista Juscontemporânea","volume":"68 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-09-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127219237","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 : 2019-09-19DOI: 10.30749/2674-9734.v1n1a259
Anderson do N. Domingos, Maria Geralda de Miranda
The increase in conflicts in the world and violations of rights, especially in the underdeveloped countries continue to cause entire populations to leave their homeland to escape hunger and continuous atrocities. This study, through bibliographical and documentary research, seeks to reflect on the situation of people in situations of refuge. It gives a brief explanation of international law and the context that motivated it. It then discusses Brazil's situation with regard to refugee protection and, finally, discusses refugee issues and concludes that guaranteeing the human rights of refugees is a major challenge, which must be tackled as this right was already violated when the individual fled from his country of origin.
{"title":"REFUGIADOS: QUESTÕES POLÍTICAS, JURÍDICAS E SOCIAIS","authors":"Anderson do N. Domingos, Maria Geralda de Miranda","doi":"10.30749/2674-9734.v1n1a259","DOIUrl":"https://doi.org/10.30749/2674-9734.v1n1a259","url":null,"abstract":"The increase in conflicts in the world and violations of rights, especially in the underdeveloped countries continue to cause entire populations to leave their homeland to escape hunger and continuous atrocities. This study, through bibliographical and documentary research, seeks to reflect on the situation of people in situations of refuge. It gives a brief explanation of international law and the context that motivated it. It then discusses Brazil's situation with regard to refugee protection and, finally, discusses refugee issues and concludes that guaranteeing the human rights of refugees is a major challenge, which must be tackled as this right was already violated when the individual fled from his country of origin.","PeriodicalId":356001,"journal":{"name":"Revista Juscontemporânea","volume":"48 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-09-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126846446","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 : 2019-09-19DOI: 10.30749/2674-9734.v1n1a232
André Fontes
The Law of Urbanism can be defined as a set of rules regarding the use of space and its disposition. It aims at urbanism as a reality, as a problem and as a solution. An empirical, complex and patrimonial right, not its social dimension, characterizes it. This article deals with the differences between subjective law and legitimate interest in the application of urban norms.
{"title":"DIREITO SUBJETIVO E INTERESSE LEGÍTIMO ENTRE A NORMA E A PRAXIS URBANÍSTICA","authors":"André Fontes","doi":"10.30749/2674-9734.v1n1a232","DOIUrl":"https://doi.org/10.30749/2674-9734.v1n1a232","url":null,"abstract":"The Law of Urbanism can be defined as a set of rules regarding the use of space and its disposition. It aims at urbanism as a reality, as a problem and as a solution. An empirical, complex and patrimonial right, not its social dimension, characterizes it. This article deals with the differences between subjective law and legitimate interest in the application of urban norms.","PeriodicalId":356001,"journal":{"name":"Revista Juscontemporânea","volume":"21 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-09-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128070653","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 : 2019-09-19DOI: 10.30749/2674-9734.v1n1a262
Reis Friede
This paper discusses the concept and classification of constitutional rules, analyzing the phenomena of reception, repristination, deconstitutionalization and constitutional change. For this, the bibliographic research method was first used, with the purpose of presenting the basic concepts of this study. And, regarding the objectives, the descriptive research followed, since the central objective is to identify the factors that determine or influence the occurrence of the generation of phenomena. As a result, the present study aims to contribute to understand and structure of intertemporal law phenomena with regard to constitutional norms.
{"title":"RECEPÇÃO, REPRISTINAÇÃO, DESCONSTITUCIONALIZAÇÃO E MUTAÇÃO CONSTITUCIONAL","authors":"Reis Friede","doi":"10.30749/2674-9734.v1n1a262","DOIUrl":"https://doi.org/10.30749/2674-9734.v1n1a262","url":null,"abstract":"This paper discusses the concept and classification of constitutional rules, analyzing the phenomena of reception, repristination, deconstitutionalization and constitutional change. For this, the bibliographic research method was first used, with the purpose of presenting the basic concepts of this study. And, regarding the objectives, the descriptive research followed, since the central objective is to identify the factors that determine or influence the occurrence of the generation of phenomena. As a result, the present study aims to contribute to understand and structure of intertemporal law phenomena with regard to constitutional norms.","PeriodicalId":356001,"journal":{"name":"Revista Juscontemporânea","volume":"104 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-09-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117141467","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 : 1900-01-01DOI: 10.30749/2674-9734.v1n1a225
Neimar Roberto de Souza e Silva
{"title":"PERSPECTIVAS SOBRE A RELAÇÃO ENTRE DIREITO E MORALIDADE: BREVÍSSIMOS APONTAMENTOS","authors":"Neimar Roberto de Souza e Silva","doi":"10.30749/2674-9734.v1n1a225","DOIUrl":"https://doi.org/10.30749/2674-9734.v1n1a225","url":null,"abstract":"","PeriodicalId":356001,"journal":{"name":"Revista Juscontemporânea","volume":"37 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117042742","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 : 1900-01-01DOI: 10.30749/2674-9734.v2n0a578
Heitor Moreira de Oliveira, Enderson Vasconcelos
{"title":"A COMPETÊNCIA DELEGADA DA JUSTIÇA FEDERAL APÓS A VIGÊNCIA DA EC n. 103/2019, PARA ALÉM DAS CAUSAS DE NATUREZA PREVIDENCIÁRIA","authors":"Heitor Moreira de Oliveira, Enderson Vasconcelos","doi":"10.30749/2674-9734.v2n0a578","DOIUrl":"https://doi.org/10.30749/2674-9734.v2n0a578","url":null,"abstract":"","PeriodicalId":356001,"journal":{"name":"Revista Juscontemporânea","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129541229","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}
京公网安备 11010802042870号
京ICP备2023020795号-1
扫码关注我们
求助内容：
应助结果提醒方式：