Judicial Precedents
Mostrando 13-21 de 21 artigos, teses e dissertações.
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13. Medida cautelar e a efetividade do controle abstrato de constitucionalidade no Brasil
The work approaches the issues related to urgency injunctions on the constitutional judicial review, specially those related to its process, as well as to its doctrine, precedents and legal treatment. Initially, it focuses on the brazilian constitutional jurisdiction, framework on which the constitutional judicial review is inserted, and it intends to analyz
Publicado em: 2007
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14. A NORMATIVE THEORY OF LEGAL PRECEDENT: THE FORCE OF THE LEGAL DECISIONS IN JURISTIC ARGUMENTATION / UMA TEORIA NORMATIVA DO PRECEDENTE JUDICIAL: O PESO DA JURISPRUDÊNCIA NA ARGUMENTAÇÃO JURÍDICA
Following precedents is a requirement of human practical rationality. In law,arguments from precedents are present in all legal cultures and constitute one of the most important sources of legal norms and decisions. Here I argue in favour of a universal method to interpret and apply judge-made rules. This method is supported by discourse theory, which provid
Publicado em: 2007
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15. O controle social do judiciário: a experiência do Observatório da Justiça e Cidadania no Estado do Rio Grande do Norte
This dissertation deals with the possibility of build an effective social control of the judiciary Brazilians. The theme was bounded by a cut geographic and secular: the experience of the Center of Justice and Citizenship in the state of Rio Grande do Norte (OJC/RN), which begins formally in august 2003. The research approach and leave of experience in judic
Publicado em: 2007
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16. Recurso ordinário constitucional em mandado de segurança
The aim of our research is to investigate methodically the Constitutional Ordinary Appeal filed against a lower court decision over a writ of mandamus. This is an appeal as of right guaranteed by Brazilian Federal Constitution of 1988 and it is addressed to Supreme Federal Court or to Supreme Court of Justice. This study will focus on three approaching views
Publicado em: 2007
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17. Por uma releitura principiológica do direito à saúde : da relação entre o direito individual a medicamentos nas decisões judiciais e as políticas públicas de saúde
This dissertation aims to investigate the effectiveness of the right to health, erected to the category of a fundamental right in art. 196 of the Constitution of 1988. The works central hypothesis is related to the possibility of, on a principle-based reading of the Constitution, the Judiciary play a relevant role in the accomplishment of this right, applyin
Publicado em: 2007
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18. Processo disciplinar dos magistrados
This essay examines the disciplinary activity to which judges are subject, with the purpose of introducing elements for the exercise of citizenship within the judicial branch. The piece will also provide an overview of the historic experience of the judicial branch, and constitutional and infra-constitutional legal treatment ascribed thereto, in the Federal
Publicado em: 2006
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19. Perfis do controle jurisdicional de políticas publicas: parâmetros objetivos e tutela coletiva
This paper focuses on a study of public policy jurisdictional control as some effectiveness mechanism for cultural, economical, and social fundamental rights. It investigates the juridical profile of public policies based on premises of the current (Neo)Constitutional State model and the assertion of an essentially constitutionalist Law paradigm from its gen
Publicado em: 2006
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20. ICMS - um imposto peculiar / Value Added Tax (ICMS)- An Unique Tax
The aim of this dissertation is analysing the ICMS implications on tender public procedure that has taken place since the middle of 1997. In view of that, the participation of private capital has provoked a new tax order, mainly concerning Value Added Tax - VAT (in Portuguese ICMS). The Value Added Tax is due on merchandise sales, as well as on intramunicipa
Publicado em: 2006
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21. A JurisprudÃncia como Fonte do Direito. Qual à hoje o seu papel no Sistema JurÃdico Brasileiro?
Starting from the meaning given by Jurisprudence to the expression Sources of Law, the object of this study is to investigate the role that Case Law plays in Brazilian legal system. It is preliminarily studied the nature of judicial decision, whose substance shows an undeniable creative feature. Yet preliminarily this research investigates how differently Co
Publicado em: 2002