As Trag Dias De Mariana E Brumadinho Danos Existenciais E Responsabilidade Civil
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As Trag Dias De Mariana E Brumadinho Danos Existenciais E Responsabilidade Civil
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Author : Roberta Salvático Vaz de Mello
language : pt-BR
Publisher: Expert Editora
Release Date :
As Trag Dias De Mariana E Brumadinho Danos Existenciais E Responsabilidade Civil written by Roberta Salvático Vaz de Mello and has been published by Expert Editora this book supported file pdf, txt, epub, kindle and other format this book has been release on with Business & Economics categories.
O trabalho visa discutir a reparação civil dos danos em massa provocados pelo rompimento das barragens de rejeitos de minério de ferro em Mariana e em Brumadinho, e as funções da responsabilidade civil. Foram usados como referenciais teóricos os seguintes autores: Cristina Serra; Lucas Ragazzi e Murilo Rocha; Adriano de Cupis; Anderson Schreiber; Teori Zavascki; e Nelson Rosenvald, tendo o estudo se desenvolvido a partir do método dedutivo. Assim, após a contextualização e relato dos danos causados em virtude do rompimento das barragens, passou-se a reflexão dos pressupostos de aplicação da responsabilidade civil, abordando-se a conduta, destacando a atividade de risco em razão da atividade mineratória e o ato ilícito; o dano e seu alargamento, tanto os danos patrimoniais (danos emergentes, lucros cessantes, e perda de uma chance), quanto os danos extrapatrimoniais (enfatizando os danos morais, existenciais e estéticos); e o nexo de causalidade e sua flexibilição, bem como os tipos de responsabilidade civil existentes no ordenamento jurídico brasileiro. Feito isso, passou-se ao estudo dos danos coletivos; da tutela coletiva dos direitos / interesses jurídicos; e da tutela processual coletiva, momento em que se discutiu a aplicação dos punitive damages na Ação Civil Pública. Destarte, a tese passou a análise das funções da responsabilidade civil, discutindo as funções compensatória, punitiva e precaucional. Feito isso, na conclusão, denota-se a importância da função precaucional da responsabilidade civil para se evitar danos como os decorrentes do rompimento das barragens de Fundão e B-I, tendo em vista que a função compensatória e punitiva da responsabilidade civil não se mostra suficiente quando se trata de danos em massa, havendo a necessidade de se prevenir os riscos certos e precaver os riscos incertos.
Confluence
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Author : Sara B. Pritchard
language : en
Publisher: Harvard University Press
Release Date : 2011-04-04
Confluence written by Sara B. Pritchard and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-04-04 with History categories.
Sara B. Pritchard traces the Rhône’s remaking since 1945, showing how state officials, technical elites, and citizens connected the environment and technology to political identities and state-building, and demonstrating the importance of environmental management and technological development to the culture and politics of modern France.
A Theory Of Constitutional Rights
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Author : Robert Alexy
language : en
Publisher:
Release Date : 2010
A Theory Of Constitutional Rights written by Robert Alexy and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Law categories.
In any country where there is a Bill of Rights, constitutional rights reasoning is an important part of the legal process. As more and more countries adopt Human Rights legislation and accede to international human rights agreements, and as the European Union introduces its own Bill of Rights, judges struggle to implement these rights consistently and sometimes the reasoning behind them is lost. Examining the practice in other jurisdictions can be a valuable guide. Robert Alexy's classic work reconstructs the reasoning behind the jurisprudence of the German Basic Law and in doing so provides a theory of general application to all jurisdictions where judges wrestle with rights adjudication. In considering the features of constitutional rights reasoning, the author moves from the doctrine of proportionality, procedural rights and the structure and scope of constitutional rights, to general rights of liberty and equality and the problem of horizontal effect. A postscript written for the English edition considers critiques of the Theory since it first appeared in 1985, focusing in particular on the discretion left to legislatures and in an extended introduction the translator argues that the theory may be used to clarify the nature of legal reasoning in the context of rights under the British Constitution.
The Effectiveness Of Environmental Law
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Author : Sandrine Maljean-Dubois (juriste))
language : en
Publisher:
Release Date : 2017
The Effectiveness Of Environmental Law written by Sandrine Maljean-Dubois (juriste)) and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with Environmental law categories.
This book is the third volume in the European Environmental Law Forum (EELF) book series. The EELF is a non-profit initiative of environmental law scholars and practitioners from across Europe aiming to support intellectual exchange on the development and implementation of international, European and national environmental law in Europe. One of the activities of the EELF is an annual conference. This book is comprised of fifteen contributions presented at the Third EELF Conference in Aix-en-Provence, hosted by the Central European Research Infrastructure Consortium, at Aix-Marseille University, September 2015. The central topic of the book is the effectiveness of environmental law. The impressive development in environmental law has not always been matched by corresponding improvements in environmental quality. The threats to our environment and, by extension, to our health have never been so numerous or serious. But paradoxically, the effectiveness of environmental law has been a long-neglected issue. This book offers a fruitful and stimulating dialogue between practitioners and academics, from varied countries and varied fields, combining empirical and theoretical approaches. The contributions go from classical-but still necessary-tools (control, criminal, administrative, civil sanctions, liability rules, strengthening of the regulatory structure, and the role of judges), to more innovative ones (public participation, effectiveness of instrument mixes, collaborative governance, hybrid governance, and private environmental enforcement). (Series: European Environmental Law Forum, Vol. 3) Subject: Environmental Law, European Law]
The Metaphysic Of Ethics
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Author : Immanuel Kant
language : en
Publisher:
Release Date : 1836
The Metaphysic Of Ethics written by Immanuel Kant and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1836 with Ethics categories.
Taking Rights Seriously
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Author : Ronald Dworkin
language : en
Publisher: Harvard University Press
Release Date : 2018-06-25
Taking Rights Seriously written by Ronald Dworkin and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-06-25 with Philosophy categories.
What is law? What is it for? How should judges decide novel cases when the statutes and earlier decisions provide no clear answer? Do judges make up new law in such cases, or is there some higher law in which they discover the correct answer? Must everyone always obey the law? If not, when is a citizen morally free to disobey? A renowned philosopher enters the debate surrounding these questions. Clearly and forcefully, Ronald Dworkin argues against the “ruling” theory in Anglo-American law—legal positivism and economic utilitarianism—and asserts that individuals have legal rights beyond those explicitly laid down and that they have political and moral rights against the state that are prior to the welfare of the majority. Mr. Dworkin criticizes in detail the legal positivists’ theory of legal rights, particularly H. L. A. Hart’s well-known version of it. He then develops a new theory of adjudication, and applies it to the central and politically important issue of cases in which the Supreme Court interprets and applies the Constitution. Through an analysis of John Rawls’s theory of justice, he argues that fundamental among political rights is the right of each individual to the equal respect and concern of those who govern him. He offers a theory of compliance with the law designed not simply to answer theoretical questions about civil disobedience, but to function as a guide for citizens and officials. Finally, Professor Dworkin considers the right to liberty, often thought to rival and even preempt the fundamental right to equality. He argues that distinct individual liberties do exist, but that they derive, not from some abstract right to liberty as such, but from the right to equal concern and respect itself. He thus denies that liberty and equality are conflicting ideals. Ronald Dworkin’s theory of law and the moral conception of individual rights that underlies it have already made him one of the most influential philosophers working in this area. This is the first publication of these ideas in book form.
High Diversity Forest Restoration In Degraded Areas
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Author : Ricardo Ribeiro Rodrigues
language : en
Publisher: Nova Publishers
Release Date : 2007
High Diversity Forest Restoration In Degraded Areas written by Ricardo Ribeiro Rodrigues and has been published by Nova Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Nature categories.
The discussion of ideas, methods, scientific results, empirical practices and perspectives on the restoration of high diversity tropical and subtropical forest formations is the objective of this book; however, principles here proposed may be used in other less complex forest formations. Special attention is given to the role of the ecological processes on the restoration of functional forest communities, once the composition and structure of these natural or even restored communities change in space and time.
Disaster Law
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Author : Daniel A. Farber
language : en
Publisher: Edward Elgar Publishing
Release Date : 2010
Disaster Law written by Daniel A. Farber and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Disaster insurance categories.
Recent hurricanes and other natural disasters demonstrate serious gaps in the legal system and its ability to respond to events of such magnitude. "Disasters and the Law: Katrina and Beyond" studies disaster response, prevention, and mitigation strategies by integrating knowledge and experience from urban planning, bankruptcy law, and wetlands law.
Democratic Accountability In Latin America
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Author : Scott Mainwaring
language : en
Publisher: OUP Oxford
Release Date : 2003-07-31
Democratic Accountability In Latin America written by Scott Mainwaring and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003-07-31 with Political Science categories.
This volume on democratic accountability addresses one of the burning issues on the agenda of policy makers and citizens in contemporary Latin America: how democratic leaders in Latin America can improve accountability while simultaneously promoting governmental effectiveness. Written by well-known scholars form both Latin America and the United States, the volume enhances understanding of these key themes, which are central to the future of democracy in Latin America. - ;This volume on democratic accountability addresses one of the burning issues on the agenda of policy makers and citizens in contemporary Latin America. In much of Latin America, disenchantment and cynicism have set in regarding the quality of elected governments raising the prospect of a new round of democratic erosion and breakdowns. One of the important emerging challenges for improving the quality of democracy resolves around how to build more effective mechanisms of accountability. A widespread perception prevails in much of the region that government officials are not sufficiently subject to routinized controls by oversight agencies. Corruption, lack of oversight, impunity of state actors, and improper use of public resources are major problems in most countries of the region. Dealing with these issues is paramount to restoring and deepening democratic legitimacy. The fundamental question in this volume is how democratic leaders in Latin America can improve accountability while simultaneously promoting governmental effectiveness. These issues have acquired urgency in contemporary Latin America because of heightened public concern about corruption and improper governmental actions on the one hand, yet on the other, uncertainty about the potential tradeoff between tightened accountability of officials and effective policy results. The volume enhances understanding of three key issues. First, it enriches understanding of the state of non-electoral forms of democratic accountability in contemporary Latin America. What are some of the major shortcoming in democratic accountability? How can they be addressed? What are some major innovations in the efforts to enhance democratic accountability? A second contribution of the volume is conceptual. Accountability is a key concept in the social sciences, yt its meaning varies widely form one author to the next. The authors in this volume, especially in the first four chapters, explicitly debate how bet to define and delimit the concept. Finally the volume also furthers understanding of the interactions between various mechanism and institutions of accountability. Many of the authors address how electoral accountability (the accountability of elected officials to the voters) interact with the forms of accountability in which state agencies oversee and sanction public officials. The volume provides extensive treatment of this important but hitherto under-explored interaction. -
Women The State And Revolution
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Author : Wendy Z. Goldman
language : en
Publisher: Cambridge University Press
Release Date : 1993-11-26
Women The State And Revolution written by Wendy Z. Goldman 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 1993-11-26 with History categories.
Focusing on how women, peasants and orphans responded to Bolshevk attempts to remake the family, this text reveals how, by 1936, legislation designed to liberate women had given way to increasingly conservative solutions strengthening traditional family values.
