Supreme Court Decisions
Mostrando 13-24 de 58 artigos, teses e dissertações.
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13. Prazo razoável para término do processo penal frente aos direitos fundamentais
This work proposes a reflection about the development and dimensions of Fundamental Rights, as well as the analysis of constitutional principles and their guiding developments in the Civil Procedure Law and Criminal Procedural Law. Thus, to perform this study used the research literature mainly based on doctrines and laws in order to substantiate and justify
IBICT - Instituto Brasileiro de Informação em Ciência e Tecnologia. Publicado em: 19/10/2011
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14. Affirmative action and interracial friendships
In two recent cases involving the University of Michigan, the Supreme Court examined whether race should be allowed to play an explicit role in the admission decisions of schools. The primary argument in these court cases and others has been that racial diversity strengthens the quality of education ofered to all students. Underlying this argument is the not
Publicado em: 01/06/2010
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15. Os efeitos da declaração de inconstitucionalidade proferida em ADIN e ADC em cada etapa da relação de crédito e de indébito tributário
The consequences of the decisions made by the Supreme Court in the trial of the direct action of unconstitutionality and of the declaratory action of constitutionality - over the legal relationships between the State and taxpayers are investigated in the present study. Addressing the rules that substantiate the legal security in the Brazilian legal ordering
Publicado em: 2010
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16. O controle de constitucionalidade por omissão no Supremo Tribunal Federal: análise dos casos de omissão legislativa nos vinte e um anos da Constituição / The constitucional control by omission in the brazilian supreme court (Supremo Tribunal Federal STF): analysis of the cases of legislative omission in twenty-one years of constitution
This thesis aims at examining the way the Brazilian Supreme Court (Supremo Tribunal Federal STF) handles legislative omission in matters involving constitutional issues. For this, we performed a research based on analysis of a series of STF decisions on legislative omission lawsuits (direct actions of unconstitutionality by omission and writ of injunction) f
Publicado em: 2010
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17. A influência dos fatos supervenientes ao processo em andamento
The present work analyzes the Influence of the Supervenient Facts into the Progress Process, in face of the article 462 of the Brazilian Civil Process Code. The study begins, with emphasis in the juridical institute of the Lawsuits stabilization present at the two legal statutes and their devices, with the analysis of the comparative aspects between the Cano
Publicado em: 2010
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18. The process of health judicalization in Brazil: citizenships and asymmetrics / A judicialização da saúde no Brasil: cidadanias e assimetrias
The Brazilian Constitution of 1988 assures that health is a right of all and a duty of the State (article 196), however, in reality, this right is not being guaranteed. By realizing this contradiction, some civil groups seek, on the Legislation, the materialization of their rights that still remain an abstraction. The recent insertion of Judicial Power on he
Publicado em: 2010
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19. The confluence of regulatory jurisdiction in the field of public utilities according to the upper courts / A confluência de competências para regulação dos serviços públicos segundo a compreensão dos tribunais superiores
This dissertation presents and interprets the results of a jurisprudential research on cases in which there were jurisdictions intersections among Political Entities when public utilities were concerned. As a matter of fact, 1988 Brazilian Constitution has established a Federal State, whose Entities were endowed with material or legislative jurisdiction, eit
Publicado em: 2010
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20. Direito e desenvolvimento: as ações afirmativas nas universidades federais brasileiras sob a perspectiva da jurisprudência / Law and development: the affirmative actions on brazilian federal universities under the courts perspective
This paperwork is the result of a research that intends to investigate possible relations between Law and development, based upon an empiric study of the affirmative actions implemented by the Brazilian federal universities, mainly by means of the reservation of enrollment slots to minorities on its admission exams (social and racial quotas), but through the
Publicado em: 2010
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21. Interpretação e aplicação do direito tributário: fundamentos jurídicos da decisão
The main purpose of the present term paper is to provide a framework for a theory of the legally valid tax decision that assures the unity and consistency of the national tax system, based upon an analysis of interpretation, application and implementation of Tax Law. Positive law is understood to be a set of legal norms that exist within an historical contex
Publicado em: 2010
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22. O uso da proporcionalidade no Supremo Tribunal Federal : análise dos votos do ministro Gilmar Mendes (2004-2006) / The use of proportionality in the Brazilian Supreme Court: an analysis of the decisions by Justice Gilmar Mendes (2004-2006)
The purpose of this paper is to analyze some instances of the use of the proportionalitys rule by members of the Brazilian Supreme Court (Supremo Tribunal Federal STF). By using the tool pesquisa livre, available in the courts web site, 81 decisions given between the years 2004 and 2006 which mentioned proportionality were located, selected, read and analyze
Publicado em: 2009
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23. Participação social no controle de Constitucionalidade : o desvelamento da restrição nas decisões do Supremo Tribunal Federal
The presented dissertation is a study of social participation on constitutionality control based on analysis of Supremo Tribunal Federal (Brazilian Supreme Court) decisions that discussed that theme. It is a discourse analysis of STF, which aims to apprehend concepts and preconceptions infused on that court decisions and speeches. The civil society represent
Publicado em: 2009
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24. Crime de apropriação indébita previdenciária: uma nova classificação e suas conseqüências
The present work will deal with the correct classification of the crime of misappropriation of social security taxes and its consequences; in the truth, a new classification for this crime will be proposal, as being material. The necessity of previous exhaustion of the administrative sphere for configuration of the crime will be boarded; the work will treat,
Publicado em: 2009