Constitucional Normative Power
Mostrando 13-21 de 21 artigos, teses e dissertações.
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13. A constitucionalização do direito entre o público e o privado
This work not only defends a direct entailing of the Basic Rights of the Public Being, but also of the particular ones. The subject, however, for to be very generic in the doctrine and jurisprudence, generates uncertainty in the contemporaneo right of as if it really gives the entailing and of that it forms, and if that is possible. Although not only let us
Publicado em: 2007
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14. O princípio constitucional da dignidade da pessoa humana como fundamento da produção da existência em todas as suas formas
This dissertation work aims at investigating the systems of the juridical thinking through history by exploring the idea of human dignity, as well as changes in social practices within the framework of mans perception of the world. To this end, historical moments of major significance to the development of human rights were chosen pointing definitely to the
Publicado em: 2007
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15. O estado democrático social de direito em face do princípio da igualdade e as ações afirmativas
The modern national State had its conditional evolution for the peculiar development of the productive forces and the social relations of production globally articulated in the scope of a world-wide market in continuous expansion. In the condition of super structural element its legal evolution and politics knew multiple faces (national-absolutist State; lib
Publicado em: 2007
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16. A prioridade absoluta na Constituição Federal de 1988: cognição do art. 227 como princípio-garantia dos direitos fundamentais da criança e do adolescente
The study undertakes the analysis of the constitutional warranty principle of the Absolute Priority of the children and adolescents fundamental rights concerning to the sense, reach, content, addressees and effectiveness. Then, we begin with the study of the Constitution, text where is inserted the principle on examination, opportunity on which it verifies t
Publicado em: 2006
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17. Medidas provisórias ? : análise crítica ao texto constitucional
Provisional remedies? Critical boarding to the constitutional text in vigor consists on the study of the provisional remedy while primary normative instrument capable to innovate the law system. The dogma of the power separation was idealized at a historical moment where rational limitations to the power of the sovereign were searched. It was the transition
Publicado em: 2006
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18. Teoria constitucional do direito processual penal: limitaÃÃs fundamentais ao exercÃcio do direito de punir no sistema jurÃdico brasileiro
Criminal proceedings arose as a skilled instrument to restrict the exercise of the Stateâs punishment rights and duties, what coincided, not by chance, with the Age of Enlightenment, whose major concern was to limit the power of the State. Therefore, the Declarations of Human Rights, just as they were constitutionalized by the first constitutional movement,
Publicado em: 2006
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19. Reforma constitucional, por via de emenda, e o direito adquirido
This parer is about a constitutional dogmatic issue: Is there any acquired rights against constitutional amendments? Or is it possible to modify the Constitution through reform, changing its effects without focusing on the citizens individual rights incorporated to their patrimony? This key question is the center of the whole study that is built analytically
Publicado em: 2004
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20. Princípio constitucional da proporcionalidade no processo penal
The principle of the proportionality constitution is treat here as a mechanism for the accomplishment of human dignity during the penal process. The dissociation between the constitutional guarantees of a penal law suit situation and reality motivated this dissertation research. The must be, in this stage during the process which man stands as the main actor
Publicado em: 2003
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21. Da competência regulamentar
The work that has been developed is about regulatory competence. Initially it deals with the principIe of legality, that is fundamental in our legal system, pointing out its theoretical and practical aspects. It also copes with exception to the principIe of legality: the delegated law and the provisional executive act which embrace the constitucional require
Publicado em: 2000