[PDF] A Coisa Julgada Previdenci Ria Por Aus Ncia De Prova E Os Precedentes Vinculantes - eBooks Review

A Coisa Julgada Previdenci Ria Por Aus Ncia De Prova E Os Precedentes Vinculantes


A Coisa Julgada Previdenci Ria Por Aus Ncia De Prova E Os Precedentes Vinculantes
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A Coisa Julgada Previdenci Ria Por Aus Ncia De Prova E Os Precedentes Vinculantes


A Coisa Julgada Previdenci Ria Por Aus Ncia De Prova E Os Precedentes Vinculantes
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Author : Joelson Júnior Bollotti
language : pt-BR
Publisher: Editora Thoth
Release Date : 2021-08-31

A Coisa Julgada Previdenci Ria Por Aus Ncia De Prova E Os Precedentes Vinculantes written by Joelson Júnior Bollotti and has been published by Editora Thoth this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-08-31 with Antiques & Collectibles categories.


O presente trabalho evidencia o direito brasileiro como um sistema híbrido entre o denominado “civil law” e “common law”, demonstrando a valorização dos precedentes judiciais no ordenamento jurídico brasileiro. A partir da leitura do art. 927, “caput”, do Código de Processo Civil de 2015, que determina a observância dos precedentes por juízes e tribunais, procura-se oferecer ao leitor uma correta interpretação do alcance da palavra “observarão” empregada no sobredito dispositivo legal, determinando-se o seu real alcance vinculativo em relação à Administração Pública, notadamente quando demandada em Juízo. No primeiro capítulo discorre-se sobre a natureza jurídica do direito à aposentação, a sua tutela na legislação brasileira e as consequências que advém dessa tutela. Demonstra-se o direito à aposentação como um direito social que se revela como um mínimo existencial a que faz “jus” o segurado. Desde já o leitor será convidado a ter uma visão interdisciplinar do direito, empregando-se um pensamento complexo. Já o segundo capítulo da obra tem como foco a questão da prova e da verdade no processo previdenciário, a fixação de “standards” de provas, bem como das dificuldades enfrentadas pelos segurados do Regime Geral de Previdência Social em produzir prova de seu direito à aposentação. Não obstante, verificar-se-á o uso do processo judicial como instrumento para práticas processuais fraudulentas, limitando-se as responsabilidades dos atores processuais. O terceiro capítulo reserva uma abordagem sobre coisa julgada e as consequências da extinção do processo com e sem julgamento do mérito para o segurado, dando-se especial destaque para o entendimento das Cortes Superiores sobre o tema, notadamente quanto ao julgamento do Recurso Especial Repetitivo nº 1.352.721/SP. Ao final, no quarto capítulo, são feitas considerações sobre as origens do “civil law” e common law” e a indicação do atual sistema brasileiro como um sistema híbrido, indicando-se a necessidade de ressignificação do princípio da legalidade. Especial atenção será dada à posição da Advocacia-Geral da União frente à existência de um precedente judicial com eficácia vinculante.



Law Culture And Ritual


Law Culture And Ritual
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Author : Oscar G Chase
language : en
Publisher: NYU Press
Release Date : 2007

Law Culture And Ritual written by Oscar G Chase and has been published by NYU Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Law categories.


"Oscar G. Chase studies the American legal system in the manner of an anthropologist. By comparing American 'dispute ways' with those of other systems, including some commonly believed to be more 'primitive, ' he finds interesting similarities that challenge the premise that we live in a society regulated by a rational and just 'rule of law.'" --New York Law Journal"A witty and engaging endeavor. . . . A good contribution to our professional knowledge, and it is a must reading." --Law and Politics Book Review"After reading Law, Culture, and Ritual, no one could ever again think that our legal proceedings are nothing more than an efficient method of discovering truth and applying law. Oscar Chase effectively uses a comparative approach to help us to step back from our legal practices and see just how steeped in myths, rituals and traditions they are. Scholars will want to read this book for its contribution to comparative law, but everyone interested in American culture should read this book. Chase shows us that there is no separating law from culture: each informs and maintains the other. Law, Culture, and Ritual is a major step forward in the rapidly expanding field of the cultural study of law." --Paul Kahn, author of The Cultural Study of Law: Reconstructing Legal Scholarship"Having allowed ourselves to be convinced (wrongly) that we are the most litigious people in the world, Americans have become obsessed with finding (quick) cures. Oscar Chase's book sounds a salutary warning. By presenting striking comparative examples that shatter our parochialism, he forces us to examine the cultural roots of dispute processes." --Richard Abel, Connell Professor of Law, UCLA LawSchoolDisputing systems are products of the societies in which they operate - they originate and mutate in respons



Gender Stereotyping


Gender Stereotyping
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Author : Rebecca J. Cook
language : en
Publisher: University of Pennsylvania Press
Release Date : 2011-07-19

Gender Stereotyping written by Rebecca J. Cook and has been published by University of Pennsylvania Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-07-19 with Law categories.


Drawing on domestic and international law, as well as on judgments given by courts and human rights treaty bodies, Gender Stereotyping offers perspectives on ways gender stereotypes might be eliminated through the transnational legal process in order to ensure women's equality and the full exercise of their human rights. A leading international framework for debates on the subject of stereotypes, the Convention on the Elimination of All Forms of Discrimination against Women, was adopted in 1979 by the UN General Assembly and defines what constitutes discrimination against women. It also establishes an agenda to eliminate discrimination in all its forms in order to ensure substantive equality for women. Applying the Convention as the primary framework for analysis, this book provides essential strategies for eradicating gender stereotyping. Its proposed methodology requires naming operative gender stereotypes, identifying how they violate the human rights of women, and articulating states' obligations to eliminate and remedy these violations. According to Rebecca J. Cook and Simone Cusack, in order to abolish all forms of discrimination against women, priority needs to be given to the elimination of gender stereotypes. While stereotypes affect both men and women, they can have particularly egregious effects on women, often devaluing them and assigning them to subservient roles in society. As the legal perspectives offered in Gender Stereotyping demonstrate, treating women according to restrictive generalizations instead of their individual needs, abilities, and circumstances denies women their human rights and fundamental freedoms.



Women Business And The Law 2020


Women Business And The Law 2020
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Author : World Bank Group
language : en
Publisher: World Bank Publications
Release Date : 2020-04-24

Women Business And The Law 2020 written by World Bank Group and has been published by World Bank Publications this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-04-24 with Law categories.


The World Bank Group’s Women, Business and the Law examines laws and regulations affecting women’s prospects as entrepreneurs and employees across 190 economies. Its goal is to inform policy discussions on how to remove legal restrictions on women and promote research on how to improve women’s economic inclusion.



Language And Truth


Language And Truth
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Author : Garth L. Hallett
language : en
Publisher:
Release Date : 1988

Language And Truth written by Garth L. Hallett and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1988 with Language and languages categories.




Reproductive Health And Human Rights


Reproductive Health And Human Rights
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Author : Rebecca J. Cook
language : en
Publisher: Clarendon Press
Release Date : 2003-04-17

Reproductive Health And Human Rights written by Rebecca J. Cook and has been published by Clarendon Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003-04-17 with Philosophy categories.


The concept of reproductive health promises to play a crucial role in improving women's health and rights around the world. It was internationally endorsed by a United Nations conference in 1994, but remains controversial because of the challenge it presents to conservative agencies: it challenges policies of suppressing public discussion on human sexuality and regulating its private expressions. Reproductive Health and Human Rights is designed to equip healthcare providers and administrators to integrate ethical, legal, and human rights principles in protection and promotion of reproductive health, and to inform lawyers and women's health advocates about aspects of medicine and healthcare systems that affect reproduction. Rebecca Cook, Bernard Dickens, and Mahmoud Fathalla, leading international authorities on reproductive medicine, human rights, medical law, and bioethics, integrate their disciplines to provide an accessible but comprehensive introduction to reproductive and sexual health. They analyse fifteen case-studies of recurrent problems, focusing particularly on resource-poor settings. Approaches to resolution are considered at clinical and health system levels. They also consider kinds of social change that would relieve the underlying conditions of reproductive health dilemmas. Supporting the explanatory chapters and case-studies are extensive resources of epidemiological data, human rights documents, and research materials and websites on reproductive and sexual health. In explaining ethics, law, and human rights to healthcare providers and administrators, and reproductive health to lawyers and women's health advocates, the authors explore and illustrate limitations and dysfunctions of prevailing health systems and their legal regulation, but also propose opportunities for reform. They draw on the values and principles of ethics and human rights recognized in national and international legal systems, to guide healthcare providers and administrators, lawyers, governments, and national and international agencies and legal tribunals. Reproductive Health and Human Rights will be an invaluable resource for all those working to improve services and legal protection for women around the world. Updates to this book, and information on translations to French, Spanish, Portuguese, Chinese and Arabic are now available at www.law.utoronto.ca/faculty/cook/ReproductiveHealth.html



Interpreting Statutes


Interpreting Statutes
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Author : D. Neil MacCormick
language : en
Publisher: Routledge
Release Date : 2016-12-05

Interpreting Statutes written by D. Neil MacCormick and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-12-05 with Law categories.


This book is a work of outstanding importance for scholars of comparative law and jurisprudence and for lawyers engaged in EC law or other international forms of practice. It reviews, compares and analyses the practice of interpretation in nine countries representing Europe as well as the US and Argentina in common and civil law; it also explores implications for general theories of interpretation and of justification. Its authors, who include Aulis Aarnio, Robert Alexy, Ralf Dreier, Enrique Zuleta-Puceiro, Michel Troper, Christophe Grzegorczyk, Jean-Louis Gardes, Enrico Pattaro, Michele Taruffo, Massimo La Torre, Jerry Wroblewski, Alexsander Peczenik, Gunnar Bergholtz and Zenon Bankowski, as well as editors Robert S. Summers and D. Neil MacCormick, constitute an international team of great distinction; they have worked on this project for over seven years.



New Horizons For A Data Driven Economy


New Horizons For A Data Driven Economy
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Author : José María Cavanillas
language : en
Publisher: Springer
Release Date : 2016-04-04

New Horizons For A Data Driven Economy written by José María Cavanillas and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-04-04 with Computers categories.


In this book readers will find technological discussions on the existing and emerging technologies across the different stages of the big data value chain. They will learn about legal aspects of big data, the social impact, and about education needs and requirements. And they will discover the business perspective and how big data technology can be exploited to deliver value within different sectors of the economy. The book is structured in four parts: Part I “The Big Data Opportunity” explores the value potential of big data with a particular focus on the European context. It also describes the legal, business and social dimensions that need to be addressed, and briefly introduces the European Commission’s BIG project. Part II “The Big Data Value Chain” details the complete big data lifecycle from a technical point of view, ranging from data acquisition, analysis, curation and storage, to data usage and exploitation. Next, Part III “Usage and Exploitation of Big Data” illustrates the value creation possibilities of big data applications in various sectors, including industry, healthcare, finance, energy, media and public services. Finally, Part IV “A Roadmap for Big Data Research” identifies and prioritizes the cross-sectorial requirements for big data research, and outlines the most urgent and challenging technological, economic, political and societal issues for big data in Europe. This compendium summarizes more than two years of work performed by a leading group of major European research centers and industries in the context of the BIG project. It brings together research findings, forecasts and estimates related to this challenging technological context that is becoming the major axis of the new digitally transformed business environment.



Courts And Judges


Courts And Judges
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Author : Taylor & Francis Group
language : en
Publisher:
Release Date : 2018-08-23

Courts And Judges written by Taylor & Francis Group and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-08-23 with categories.




Profiles Of Judicial Epistemology


Profiles Of Judicial Epistemology
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Author : Giulio Ubertis
language : en
Publisher:
Release Date : 2018

Profiles Of Judicial Epistemology written by Giulio Ubertis and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with Law categories.