Legal and political systems

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O IMPEACHMENT E O ACOPLAMENTO ESTRUTURAL ENTRE OS  SISTEMAS POLÍTICO E JURÍDICO - THE IMPEACHMENT AND STRUCTURAL ENGAGEMENT BETWEEN THE POLITICAL AND LEGAL SYSTEMS

O IMPEACHMENT E O ACOPLAMENTO ESTRUTURAL ENTRE OS SISTEMAS POLÍTICO E JURÍDICO - THE IMPEACHMENT AND STRUCTURAL ENGAGEMENT BETWEEN THE POLITICAL AND LEGAL SYSTEMS

1. O impeachment integra, à luz da Constituição da República Federativa do Brasil de 1988 e da Lei 1.079/1950, o rol de procedimentos presentes no Estado Democrático de Direito, configurando-se em processo de índole dúplice, de natureza jurídico-política para o fim de examinar a imputação e definir a ocorrência ou não de crime de responsabilidade por parte de Presidente da República, devendo o Supremo Tribunal Federal assegurar a realização plena do procedimento nos estritos termos da lei e da Constituição. 2. O conteúdo do juízo exclusivamente político no procedimento de impeachment é imune à intervenção do Poder Judiciário, não sendo passível de ser reformado, sindicado ou tisnado pelo Supremo Tribunal Federal, que não deve adentrar no mérito da deliberação parlamentar. 3. Restringe-se a atuação judicial, na hipótese, à garantia do devido processo legal. A forma do procedimento de impeachment deve observância aos direitos e garantias do acusado, especialmente aos princípios da legalidade, do devido processo legal, do contraditório e da ampla defesa, previstos pela Constituição da República e pela Convenção Americana de Direitos Humanos (Pacto de São José da Costa Rica). (ADPF 378 MC, Relator(a): Min. EDSON FACHIN, Relator(a) p/ Acórdão: Min. ROBERTO BARROSO, Tribunal Pleno, julgado em 17/12/2015, PROCESSO ELETRÔNICO DJe-043 DIVULG 07-03-2016 PUBLIC 08-03-2016, fls. 15/16).
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MIGRATION AND POLITICAL ASYLUM

MIGRATION AND POLITICAL ASYLUM

The present interest of researching this institution resides also in the fact the more and more states manifest their attachment to the natural right of the individual to affirm his political convictions, as well as the tendency to stop in their evolution the attitudes of anti-democratic governments, of absolutist systems and of the legal norms at their service. Such manifestations were encountered at the end of the 20 th century and the beginning of the 21 st century in the former Yugoslavia, Austria, Afghanistan or Iraq. If the interventions in the three states governed by totalitarian systems were predictable, the attitude of the EU and of the USA in the case of installation of far right governance in Austria was a total surprise for many analysts. These situations constituted a definite proof of the fact that the democratic world is decided to stop tolerating any antidemocratic system generating systematic breaches of human rights and consequently we should grant more attention to the preparation of norms and institutions meant to assist in the solving of such a situation. Among them we can mention also that related to the political asylum granting to those who no longer accept to bend before absolutism and despotism, even in its modern forms of manifestation witnessed in the past years. If we refer to the investigation degree, we must point out that the institution whose study we approached has constituted a priority for very few papers. Most frequently, papers have been limited to the brief presentation and analysis of the universal and European norms in the matter, without proceeding to a complex analysis of the phenomenon.
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COMPARATIVE TRANSNATIONAL CIVIL PROCEDURE: EXCLUSIVE AND EXORBITANT CIVIL JURISDICTION IN BRAZIL, UNITED STATES OF AMERICA AND EUROPEAN UNION

COMPARATIVE TRANSNATIONAL CIVIL PROCEDURE: EXCLUSIVE AND EXORBITANT CIVIL JURISDICTION IN BRAZIL, UNITED STATES OF AMERICA AND EUROPEAN UNION

Diego Fernández Arroyo divides the arguments of justification to jurisdiction rules into four (2006, p. 53-70): (i) political and economic arguments, which reflect the interests of the states; (ii) substantive legal arguments, which relate to the interest of the parties; (iii) pragmatic arguments, which deal with interests linked to international relations and; (iv) formal legal arguments dealing with the interests of legal orders. According to the author, the basis of a reasonable jurisdiction is the principle of proximity between the case and the court. Paolo Picone states that there is a growing importance of the principle of proximity in the contemporary systems of conflict of law, which leads to a closer to the case interpretation, with objective and tangible criteria (1999, p. 79). To sum up, the three mentioned authors point out that the proximity of the case with the court denotes justice or reasonableness of jurisdiction.
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Bolívar, 200 years later

Bolívar, 200 years later

At the Amphictyonic Congress of Panama 5 in 1826, Simón Bolívar proposed the signing of an offensive and defensive Alliance Treaty, a border demarcation that took into account the utis possidetis of 1810 6 , and the use of conciliation and mediation in conflict resolution. Federico Richa Humbert, the Ambassador of Panama in Portugal 7 , drew attention to the importance of this event, stressing that it was the first Conference of States that met in that part of the world, and which sought to solve common problems through international cooperation. However, the modest political will on the part of many of the governments involved, the lack of interest shown by the United States of America (USA) 8 , and especially the development of nationalisms,
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Trust and political orientations

Trust and political orientations

For decades the trust concept was a silent partner of the sociological endeavor. Forgotten by Encyclopaedias, seldom discussed directly by prominent authors, “trust” remained merely a way of approaching the hobbesian problem and elaborate on the causes of solidarity, cooperation and social order. Beginning in the eighties, however, the concept has been revamped by a plethora of new approaches concerned with the role of trust in cultural and social capital (Pendenza, 2000; Coleman, 1988); social networking (Granovetter, 1985); political action (Dunn, 1988); dynamics of organizations (Kramer and Tyler, 1996; Lazaric and Lorenz, 1998; Dasgupta, 1988); relations between patrons and clients (Eisenstadt and Roniger, 1984); or even criminal organizations (Gambetta, 1992). Some go as far as claiming that trust is the most important asset when it comes to explain the reasons behind the development success of some countries and the ongoing failures of others (Fukuyama, 1995). Trust can also be seen as a proto moral element capable of economizing on transaction and authority costs and contracts, thus leading to organizational solutions close to what is generally known as quasi markets or quasi organizations (Landa, 1994).
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Looking for Orion: literature at the interface of cosmopolitanism and translocation

Looking for Orion: literature at the interface of cosmopolitanism and translocation

Why “Looking for Orion,” then? In the Greek myth, Orion was a great giant and the strongest man in the world who could stand on the ocean floor and still see above the waves. He fell deeply in love with the beautiful goddess Merope. Her father told Orion he could only marry her if he destroyed all the wild beasts and barbaric forces of the land. The mighty hunter succeeded and returned to claim his prize but the King refused to give Orion the hand of his daughter. The King was outraged because he had taken her by force and he sent a scorpion that only blinded the great giant. Blind and an outcast, Orion crawled through the darkness towards the mountains and down into the great volcano to find the only man who could restore his sight, Hephaestus, god of the forge and god of all craftsmen. He led him to the end of the Earth to have his sight restored by Helios, the god of the sun. Immediately, Orion returned to take vengeance on the King but he had fled and the hunter was unable to find him. He went on to Crete and he lived there as Artemis’s huntsman till the goddess killed him. After his death he was placed in heaven as a constellation, which shows him with a girdle, sword, club and lion’s skin.
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Open A ideia de vontade livre como  conceitual na filosofia de Hegel

Open A ideia de vontade livre como conceitual na filosofia de Hegel

p.158) intepreta que a independência do cidadão implica também sua capacidade de preocupação com o bem do outro pelo uso da própria liberdade. Não se trata de benevolência e caridade, mas do uso da independência como noção central para a justiça ‘For Kant, If I am right, duties of justice are connected not primarily but their narronews, but first by their focus on full participation in agency and citizenchip. Justice makes possible a society with others that respects each as a chooser and purser of long-and short-term ends and more elaborate plans. It does so through civil laws and institutions committed to each as agent and which each has a voice as citizen. Justice thus must be connected with the prerequisites to agency and citizenship, with basic needs, and not merely with the negative rights that secure our persons ans possessions (…) Although a concern for independence demands some flexibility in relevant laws and policies, neither we nor the state may decline to address independence throght coercive laws and institutions. To secure independence is to secure very bases of agency and citizenchip. Cf. HOLTMAN, S. W. Justice, Welfare and the Kantian state. In: Kant und die Berliner Aufklärung. Akten des IX.Internationalen Kant- Kongresses∕hrsg.im.Kant-Gessellschaft e V. von Volker Gerhardt et al. Berlin; New York; de Gruyter, Band IV, Sektionen XI-XIV, 2001, p.160.O uso independente do Direito na prática da cidadania é frisado por nossa posição quanto ao aspecto de construção de valores políticos pelo uso do juízo reflexionante como interpretação de questões políticas à luz do Direito constitucional, não como justiça moral e cívica decorrente da cidadania como defende nessa postura republicana Sarah Holtman, veja- se a seção 3.2.
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Ciênc. saúde coletiva  vol.14 número3

Ciênc. saúde coletiva vol.14 número3

vestments. The private plan and insurances sector is consolidated as an alternative for the medium layers of the population. This does not necessarily mean the population regards it as offering services of much higher quality. Private plans offer guaran- teed access to services, whereas SUS offers an un- certain situation. Almost all worker categories de- mand private health insurance plans for their affil- iates, whereas SUS, although maintained by all, is increasingly seen as a system for the poor, at least concerning medical assistance. It is claimed that SUS provides much more than medical assistance, and that even the latter covers the more costly pro- cedures, and that in collective initiatives it covers everyone. These are solid statements that, when associated to the powerful inclusion of unassisted segments, reveal the power of this system and re- inforce the highly including (and not excluding) characteristic of universalization. However, they are not enough to answer the basic question: if SUS is on the path of consolidating itself in compliance with the constitutional principles or not. On the path of a system that materializes the principle of citizenship, or of an inclusive system, but consol- idating itself as fragmented and unequanimous. One can also argue on the limits of a sectorial re- form in a very fragmented and uneven society. This is again reason enough to justify the step, but it does not explain the direction chosen.
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CD39.R7: Progress of activities in health sector reform

CD39.R7: Progress of activities in health sector reform

(c) To foster networking—including the evolving inter-American network as called for at the Summit of the Americas—among governments, private sector institutions, nongovernmental organizations, and other interested parties, as a mechanism for exchange of information and expertise on health sector reform.

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Hypercitizenship and the Management of Genetic Diversity/Hyper-citoyenneté et gestion de la diversité génétique. La sociologie du droit et la bifurcation systemique principale entre la singularité du RING et l'âge néoféodale

Hypercitizenship and the Management of Genetic Diversity/Hyper-citoyenneté et gestion de la diversité génétique. La sociologie du droit et la bifurcation systemique principale entre la singularité du RING et l'âge néoféodale

TURBOCONDITION 8: To consider the surplus of variety and the hypercomplexity, a sign of wealth and a big opportunity also in the case of the increasing variety of artificial biodiversities An eventual collision among natural biodiversity evolutionary systems and those characterized by artificial biodiversity could lead to an hybridization. This is actually already happening (one can think about the fertility control through the birth control pill or to the cure of some decease by means of some genetic alterations). In fact, the biological turning point offers plenty of opportunities for the life quality on earth, as well as many social issues and new communication needs. That is why this phenomenon is nowadays perceived with great and often unjustified fear. According to Luhmann’s, then, “we do not live in best possible world but in a world full of better possibilities”, of which we should take advantage.
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A blessing and a curse? Political institutions in the growth and decay of generalized trust: a cross-national panel analysis, 1980-2009.

A blessing and a curse? Political institutions in the growth and decay of generalized trust: a cross-national panel analysis, 1980-2009.

Third, while some scholars emphasize political-institutional security and market regulation, others underscore the extent to which political institutions publicly allocate resources and are universally oriented [20,35]. The argument here is that universal political institutions, such as welfare states, reduce the perception that government sides with certain economic actors over others. This helps generate the impression that each citizen has an equal opportunity for success and failure, creating a sense of shared fate, collective cohesion, and group solidarity that yields generalized trust [20,36]. In other words, unfair governments foster economic inequality, inequality of opportunity, and unevenly distributed resources. When this occurs, social divisions and class hierarchies become ever more salient and perceptions of shared fate decline along with trust in generalized others [10]. The single way to overcome this outcome is with a government that equally divides public resources and enacts universal social welfare programs focused on leveling socioeconomic differences. Fourth, some scholars suggest that the power-sharing capacity of the state is what fuels generalized trust [18,37,38]. Two possible mechanisms account for this effect. The first, cognitive inferences, suggests that certain kinds of prior experiences with other citizens is critical for the development of generalized trust [36]. In particular, if citizens are embedded within a partisan regime that is biased towards certain interests, then this regime fosters distrust among the disadvantaged and excluded groups. If, on the other hand, political institutions are non-partisan and welcome all interests to the political process, then generalized trust grows. Authoritarian and totalitarian regimes generally fall with the former, while democracies and systems of proportional represen- tation generally fall with the latter. The second mechanism, socialization through transmission, refers to the capacity of political institutions to shape public opinion and build value- consensus [39]. The idea here is that habit-formative elements of power-sharing political institutions, such as a spirited associational life and consensus decision-making processes, permits the participation of all interests in the political process and, as a result, fosters generalized trust.
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Anthropology of sexual exploitation

Anthropology of sexual exploitation

Based on thoughts of relevant thinkers, they make the conclusion that the elimination of sexual exploitation is not an utterly legal issue, but political and economical issues as w[r]

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en 0103 1104 sdeb 40 spe 0087

en 0103 1104 sdeb 40 spe 0087

The priority to state dynamics was also a kind of ‘barricade strategy’ in defense of social policies against their detachment from the economic models successively adopted, particularly in health. Even the so-called neo-developmentalism found no room for the broadening of universaliza- tion in the social area, being more active in encouraging jobs and prioritizing income transfer programs. Not even in that conduct- ing moment, health, despite its importance as an industrial sector, received a prominent place, on the contrary, deepened its depen- dence on the external market. This path was also adopted in other Latin American countries, where the ‘new developmental- ism’ model failed to change the legacy of economic policies inherited from the pre- ceding liberal period. Despite the advances of the ‘new developmentalism,’ the barriers currently experienced are also to be charged to the antinomy between broadening expan- sion of welfare and macroeconomic policies.
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Legal and normative frameworks

Legal and normative frameworks

highlighting instead people’s skills, strategies and agency. Equally, there may be those who are forced to remain because they lack the opportunities, skills and resources to migrate. In either case we need to consider how a rights-based protection regime and the application of principles of human security might support those who remain. Lastly, it is in the global south where the incidence of climate-induced environmental displacement is, and will be, most severe. Many of these countries and regions have weak governance and civil society structures and are least able, or willing, to protect human rights and security. How can their protection capacity be enhanced? In this context it is important to recognise that environmental factors do not undermine rights and security in isolation from a broader range of socio-economic rights.
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МЕТОД ФИЛОЛОГИИ ОБЩЕНИЯ

МЕТОД ФИЛОЛОГИИ ОБЩЕНИЯ

In point of fact, it is subconsciously felt that the discourse meanings of the forms appear to be practically similar. A slight difference consists in the fact that the second form represents not simply knowing but something that a subject has after learning (learnt), or not simply being friends but a friendship which one has after making it (made). It turns out that English speakers have a language routine of expressing such a specific relation in time (have-had-will have) and space (the idea of having a completion of some action or state) that helps them more precisely describe the fragment of reality as they perceive it. In other words, they look at what they see in different aspects and refer to the notions of individual observation (existing in a specified position of doing), general knowledge and understanding (indefinite occurrences and facts) or ‘possession of eventive accomplishments’ (having accomplished events). That is why in English we deal with aspectuals or aspect forms be doing, do, have done, which also finds its manifestation in other languages through different linguistic means (e.g. the category of aspect in Russian).
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THE OPTING-OUT AND OPTING-IN SYSTEMS OF THE 1980 VIENNA CONVENTION ON THE INTERNATIONAL SALE OF GOODS (CISG) AND ITS APPLICATION IN BRAZIL

THE OPTING-OUT AND OPTING-IN SYSTEMS OF THE 1980 VIENNA CONVENTION ON THE INTERNATIONAL SALE OF GOODS (CISG) AND ITS APPLICATION IN BRAZIL

established that, unless otherwise stipulated, the law of the place where they were contracted would regulate those obligations. The expression unless stipulated otherwise would determine the existence of the acceptance of the autonomy of the parties by the Brazilian legal system. However, the sole paragraph of this same instrument drastically reduced the scope of incidence, apparently denying the possibility of the autonomy inserted in the caput, providing that but always will be governed by Brazilian law, contracts feasible in Brazil; the obligations contracted between Brazilians abroad; and the acts related to the Brazilian mortgage regime. Therefore, a dichotomy of treatment between the autonomy of the will was established, in principle, due to a literal interpretation of the device, the rule, and the Brazilian law, when the obligations in Brazil were executed, prima facie, the exception.
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Pandemic influenza control in Europe and the constraints resulting from incoherent public health laws

Pandemic influenza control in Europe and the constraints resulting from incoherent public health laws

A consequence of the disconnect between plans and laws is lack of clarity as to the responsibility and compe- tence of public health authorities. Only in two states were lines of command thought to be clear, coordinated and detailed. One role of law is to provide an inviolable framework for policy and the application of powers. Where pandemic plans have been prepared indepen- dently, and in ignorance or neglectful, of law, and where the legal framework has not been updated to reflect plans, then confusion is inevitable. A common theme in workshop discussions was the lack of clarity within states and across states as to the authority responsible for the management of different aspects of disease control. Authorities in one state are not always clear which body is their equivalent in other states, and whom to contact. This is a particular problem in states where powers are devolved to regional or local levels. For example in Swe- den, where the system is decentralised and law places responsibility at regional/local level, there are 21 regional preparedness plans with their own responsible public health bodies. Further work needs to be undertaken on making clear pandemic responsibilities and competences. This is an issue of concern, given the lead-in time we have been given for a pandemic resulting from SARS and avian influenza H5N1. It is hoped that the H1N1v pan- demic, a pandemic associated with limited morbidity and mortality, will provide an opportunity to establish responsibilities and hierarchies in management.
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Rev. Bras. Hist.  vol.34 número67 en a16v34n67

Rev. Bras. Hist. vol.34 número67 en a16v34n67

South American historiography has been concerned with the question of national security dictatorships since their creation in the middle of the 1960s, and the question continues to have important developments. The characteriza- tion of the regimes – fascist, bureaucratic-authoritarian, civil-military, dictato- rial, totalitarian, etc. –, the differentiation from previous dictatorships, the role of the military in politics, the actors, the national and international context, the influence and participation of the United States, the role played by the Doctrine of National Security (Doutrina de Segurança Nacional – DSN), the exhaustion of a model of capitalist accumulation, the role of entrepreneurs in the coups, the study of resistance to the coups, guerrilla movements, leftwing organizations, and the memories of activists have been studied by historians and receive attention in books and collections. At the beginning of the twenty- first century, the question of the Latin American dictatorships definitely en- tered in another field referring to the debate about the memory policies created – or not – by post-dictatorship governments. In 2014 the Brazilian 1964 coup completed 50 years, this so consecrated ‘round’ date for discussion and reflec- tion on the authoritarian legacy, or of how much ‘survived’ of the residues in Brazilian society of the regime established after the coup.
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Economic performance and political coordination in Portugal’s "dry" political system

Economic performance and political coordination in Portugal’s "dry" political system

Previous work examines the effect of regime type on economic performance. That is, do economies perform better under dictatorship or democracy? Authors such as North (1990) have found a positive relationship between democracy and growth, arguing that democracy promotes property rights. In the same vein, Olson (1991) argues that an autocrat cannot credibly commit himself to one policy, thus limiting possibilities for economic growth in non-democratic countries. Other work, such as that of Huntington and Dominguez (1975), argues that democracy discourages growth by increasing demands for immediate consumption at the cost of long-term investment. In addition, the above-mentioned theory alludes that economic policy will be better under dictatorship, as coordination issues will not arise under one-party rule. 3 However, in a review of several quantitative analyses of regime type and growth, Przeworski and Limongi (1993) find no clear directional link between the two variables. Empirical evidence from Portugal fits with the latter predictions, as its highest growth rates came before its democratic revolution. Acemoglu (2008), recognizing the perpetual nature of this debate, notes, “to understand how different political institutions affect economic decisions and economic growth we will need to go beyond the distinction between democracy and nondemocracy,” which is the approach we take here.
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Basic lines of legal informatization development in Russian Federation

Basic lines of legal informatization development in Russian Federation

The article gives general characteristic of state regulation of legal information retrieval systems use by state authorities and other organizations in the Russian [r]

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