A Democratiza O Da Prova No Processo Civil Bases Principiol Gicas E Limites Busca Da Verdade
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A Democratiza O Da Prova No Processo Civil Bases Principiol Gicas E Limites Busca Da Verdade
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Author : Gustavo Vieira
language : pt-BR
Publisher: Editora Thoth
Release Date : 2020-12-04
A Democratiza O Da Prova No Processo Civil Bases Principiol Gicas E Limites Busca Da Verdade written by Gustavo Vieira and has been published by Editora Thoth this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-12-04 with Antiques & Collectibles categories.
Ao analisar o processo como fenômeno cultural e o Direito como manifestação da cultura, é necessário compreender o direito fundamental à prova de forma autônoma, para além de uma perspectiva meramente procedimental. Para tanto, esta pesquisa parte da premissa de que o adequado exercício do direito à prova é condição de possibilidade para uma maior corroboração das hipóteses fáticas, pois um processo mal instruído não apenas compromete a busca pela verdade, mas consequentemente a própria justiça da decisão. Alicerçado nestas ideias, o livro foi estruturado em três partes: a primeira cuida de estabelecer a relação teleológica existente entre prova e verdade, não apenas na perspectiva do Direito, mas também da filosofia e da epistemologia, de modo a construir um arcabouço teórico a partir da revisitação de conceitos que podem ser caracterizados como de Teoria Geral da Prova; o segundo se destina a analisar criticamente os fundamentos subjacentes ao ônus da prova, bem como a avaliar as bases principiológicas que estruturam o método de apuração dos fatos e a própria Teoria da Decisão; por fim, a obra se dedica ao estudo dos limites à busca da verdade no processo, sendo apresentada uma proposta de solução para três problemas que com ele se relacionam – (i) o suposto direito da parte de não colaborar com o juízo se as provas contrariarem seu interesse, (ii) os possíveis limites do juiz na produção de provas de ofício e (iii) o pernicioso tema da (in)admissibilidade das provas ilícitas no processo.
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.
Dependency And Development In Latin America
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Author : Fernando Henrique Cardoso
language : en
Publisher: Univ of California Press
Release Date : 2024-03-29
Dependency And Development In Latin America written by Fernando Henrique Cardoso and has been published by Univ of California Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-03-29 with History categories.
At the end of World War II, several Latin American countries seemed to be ready for industrialization and self-sustaining economic growth. Instead, they found that they had exchanged old forms of political and economic dependence for a new kind of dependency on the international capitalism of multinational corporations. In the much-acclaimed original Spanish edition (Dependencia y Desarrollo en América Latina) and now in the expanded and revised English version, Cardoso and Faletto offer a sophisticated analysis of the economic development of Latin America. The economic dependency of Latin America stems not merely from the domination of the world market over internal national and "enclave" economies, but also from the much more complex interact ion of economic drives, political structures, social movements, and historically conditioned alliances. While heeding the unique histories of individual nations, the authors discern four general stages in Latin America's economic development: the early outward expansion of newly independent nations, the political emergence of the middle sector, the formation of internal markets in response to population growth, and the new dependence on international markets. In a postscript for this edition, Cardoso and Faletto examine the political, social and economic changes of the past ten years in light of their original hypotheses.
Restorative Justice And The Law
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Author : Lode Walgrave
language : en
Publisher: Routledge
Release Date : 2012-12-06
Restorative Justice And The Law written by Lode Walgrave and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-12-06 with Social Science categories.
Restorative justice has developed rapidly from being a barely known term to occupying a central role in debates on the future of criminal justice. But as it has become part of the mainstream of debate, so new tensions and issues have emerged. One of the most crucial issues is to find an appropriate combination of restorative justice, based essentially on informal deliberation, and the law. The purpose of this book is to analyse the several dimensions to this issue. It explores the social and ethical foundations of restorative justice, seeks to position it in relation to both rehabilitation and punishment, and examines the possibility of developing and incorporating restorative justice as the mainstream response to crime in terms of the principles of constitutional democracy. Amongst the questions it addresses are the following: How are informal processes to be juxtaposed with formal procedures? What is the appropriate relationship between voluntarism and coercion? How can the procedures and practices of restorative justice be combined with legal standards, safeguards and precepts? How can one balance restorative responses with legally sanctioned punishment? In this book a distinguished team of contributors consider this crucial set of relationships between restorative justice and the law, building upon papers and discussions at the fifth international restorative justice conference in Leuven, Belgium, in September 2001. restorative justice has grown rapidly throughout the worldthis book addresses the central issue of relationship of restorative justice to existing law and legal systemschapters from world leading authorities
Introduction To International Relations
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Author : Robert H. Jackson
language : en
Publisher: Oxford University Press
Release Date : 2016
Introduction To International Relations written by Robert H. Jackson and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with Political Science categories.
This edition provides a systematic introduction to the principle theories in international relations. It focuses on the main theoretical traditions - realism, liberalism, international society, and theories of international political economy. It also includes two chapters on social constructivism and foreign policy.
A Natural History Of The Common Law
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Author : S. F. C. Milsom
language : en
Publisher: Columbia University Press
Release Date : 2003-12-03
A Natural History Of The Common Law written by S. F. C. Milsom and has been published by Columbia University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003-12-03 with History categories.
How does law come to be stated as substantive rules, and then how does it change? In this collection of discussions from the James S. Carpentier Lectures in legal history and criticism, one of Britain's most acclaimed legal historians S. F. C. Milsom focuses on the development of English common law—the intellectually coherent system of substantive rules that courts bring to bear on the particular facts of individual cases—from which American law was to grow. Milsom discusses the differences between the development of land law and that of other kinds of law and, in the latter case, how procedural changes allowed substantive rules first to be stated and then to be circumvented. He examines the invisibility of early legal change and how adjustment to conditions was hidden behind such things as the changing meaning of words. Milsom points out that legal history may be more prone than other kinds of history to serious anachronism. Nobody ever states his assumptions, and a legal writer, addressing his contemporaries, never provided a glossary to warn future historians against attributing their own meanings to his words and therefore their own assumptions to his world. Formal continuity has enabled nineteenth-century assumptions to be carried back, in some respects as far back as the twelfth century. This book brings together Milsom's efforts to understand the uncomfortable changes that lie beneath that comforting formal surface. Those changes were too large to have been intended by anyone at the time and too slow to be perceived by historians working within the short periods now imposed by historical convention. The law was made not by great men making great decisions but by man-sized men unconcerned with the future and thinking only about their own immediate everyday difficulties. King Henry II, for example, did not intend the changes attributed to him in either land law or criminal law; the draftsman of De Donis did not mean to create the entail; nobody ever dreamed up a fiction with intent to change the law.
The Faces Of Justice And State Authority
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Author : Mirjan R. Damaska
language : en
Publisher: Yale University Press
Release Date : 1991-07-24
The Faces Of Justice And State Authority written by Mirjan R. Damaska and has been published by Yale University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1991-07-24 with Law categories.
A leading legal scholar provides a highly original comparative analysis of how justice is administered in legal systems around the world and of the profound and often puzzling changes taking place in civil and criminal procedure. Constructing a conceptual framework of the legal process based on the link between politics and justice, Mirjan R. Damaska provides a new perspective that enables disparate procedural features to emerge as fascinating recognizable patterns. His book is "a significant work of scholarship . . . full of important insights."—Harold J. Berman
Polyarchies And The Un Rule Of Law In Latin America
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Author : Guillermo A. O'Donnell
language : en
Publisher:
Release Date : 1998
Polyarchies And The Un Rule Of Law In Latin America written by Guillermo A. O'Donnell and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998 with Democracy categories.
The Pathologies Of Individual Freedom
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Author : Axel Honneth
language : en
Publisher: Princeton University Press
Release Date : 2021-05-11
The Pathologies Of Individual Freedom written by Axel Honneth and has been published by Princeton University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-05-11 with Philosophy categories.
This is a penetrating reinterpretation and defense of Hegel's social theory as an alternative to reigning liberal notions of social justice. The eminent German philosopher Axel Honneth rereads Hegel's Philosophy of Right to show how it diagnoses the pathologies of the overcommitment to individual freedom that Honneth says underlies the ideas of Rawls and Habermas alike. Honneth argues that Hegel's theory contains an account of the psychological damage caused by placing too much emphasis on personal and moral freedom. Although these freedoms are crucial to the achievement of justice, they are insufficient and in themselves leave people vulnerable to loneliness, emptiness, and depression. Hegel argues that people must also find their freedom or "self-realization" through shared projects. Such projects involve the three institutions of ethical life--family, civil society, and the state--and provide the arena of a crucial third kind of freedom, which Honneth calls "communicative" freedom. A society is just only if it gives all of its members sufficient and equal opportunity to realize communicative freedom as well as personal and moral freedom.
Modern Political Economy
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Author : Jeffrey S. Banks
language : en
Publisher: Cambridge University Press
Release Date : 1995-08-25
Modern Political Economy written by Jeffrey S. Banks and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1995-08-25 with Business & Economics categories.
Political economy has been an essential realm of inquiry and has attracted myriad intellectual adherents for much of the period of modern scholarship. The discipline's formal split into the distinct studies of political science and economics in the nineteenth-century, while advantageous for certain scientific developments, has biased the way economists and political scientists think about many issues, and has placed artificial constraints on the study of many important social issues. This volume calls for a reaffirmation of the importance of the unified study of political economy, and explores the frontiers of the interaction between politics and markets. This volume brings together intellectual leaders of various areas, drawing upon state-of-the-art theoretical and empirical analysis from each of the underlying disciplines. Each chapter, while beginning with a survey of existing work, focuses on profitable lines of inquiry for future developments. Particular attention is devoted to fields of active current development.