Direito E Mercado V 2

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The Unwritten Brazilian Constitution

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Author : Rubens Becak
language : en
Publisher: Rowman & Littlefield
Release Date : 2020-11-09

The Unwritten Brazilian Constitution written by Rubens Becak and has been published by Rowman & Littlefield this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-11-09 with Law categories.

The Unwritten Brazilian Constitution offers an unexplored topic outside Portuguese language: the leading cases on human rights in the Brazilian Supreme Court (Supremo Tribunal Federal – STF). The Brazilian Constitution of 1988 represents an institutional framework able to restructure the relationship between the powers after the military dictatorship. The constituents drafted the Brazilian Constitution in order to set an extensive system of judicial protection for fundamental rights, by means of several instruments that have strengthened access to the Judiciary. Because the Brazilian Constitution has an extensive list of fundamental rights, the STF was called to interpret them several times and it developed an unwritten understanding of these fundamental rights. These decisions are not available to the international community since they are not translated to English. Based on this gap, this original book illustrates the main rulings on human rights analyzed by great scholars in Brazil. The text presents a deep discussion regarding the characteristics of the cases and demonstrates how the STF has built the legal arguments to interpret the extension of the fundamental rights.

Developing Diversity Equity And Inclusion Policies For Promoting Employee Sustainability And Well Being

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Author : Gonçalves, Sónia P.
language : en
Publisher: IGI Global
Release Date : 2023-04-03

Developing Diversity Equity And Inclusion Policies For Promoting Employee Sustainability And Well Being written by Gonçalves, Sónia P. and has been published by IGI Global this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-04-03 with Business & Economics categories.

Employee sustainability and well-being have been increasingly important discussions in today’s business world. Businesses may have difficulty implementing a successful long-term policy due to a lack of knowledge, limited resources, and a short-term focus; however, the effects have shown a potential strategic and growth advantage. Promoting employee sustainability is an important step towards greater competitive advantage, creation of added value to the business, and a greater identity among society and within the organization itself. Developing Diversity, Equity, and Inclusion Policies for Promoting Employee Sustainability and Well-Being analyzes the current state of employee sustainability policies, systematizes the factors that promote a more sustainable and healthier workplace, explores the implications of diversity and inclusion practices on the well-being of employees, and collects policy options aimed at finding solutions to enhance well-being. Covering topics such as emotional health, organizational behavior, and work satisfaction, this reference work is ideal for academicians, researchers, scholars, practitioners, policymakers, business owners, managers, government officials, instructors, and students.

Competition

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Author : Anna Olimpia
language : en
Publisher: Editora Singular
Release Date : 2023-11-08

Competition written by Anna Olimpia and has been published by Editora Singular this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-11-08 with Law categories.

The proliferation of economic agents with market power, especially those operating in the digital economy and which add unprecedented dynamic and complexity to it, has sparked heated discussions among academics, professionals, and competition authorities around the world regarding the effects of their actions on the market and consumers. Unlike classic cartels – a conduct that has been treated as per se unlawful in Brazil, regardless of the production of effects under Brazilian competition law – unilateral conduct falls into a gray area, encompassing different practices with different effects on the market. In this sense, examples of unilateral conduct that may be considered anticompetitive are numerous, both under old and new labels: predatory pricing, abusive pricing, resale price maintenance, imposition of exclusivities, parity clauses, price discrimination, discrimination of commercial conditions (self-preferencing), price squeeze, refusal to deal, among others. The competition analysis of such conduct – which may occur in traditional "brick and mortar" markets as well as in digital environments involving various platforms and arrangements like blockchain – for the purpose of a decision by the authority on whether they constitute anticompetitive practices or not, involves a highly complex analysis of various factors. The analysis must consider the presence of dominant positions, real or potential detrimental effects on competition, efficiencies, justifications, economic rationale for the conduct, and, for some schools of thought, a weighing of anticompetitive effects and efficiencies. Due to the complexity, specificities, and dynamism of unilateral practices, especially in digital markets or hybrid digital platforms, there is a question of whether the instruments currently available to competition authorities are sufficient to understand and rule on such practices. In this regard, the analysis of various cases in relatively recent jurisprudence shows a pursuit for new forms of interpretation and application, and even updates, to the methodologies of analysis and of applicable legislation, in order to strike a balance between intervention to curb anticompetitive practices to the extent necessary for protecting competition, without resulting on undue interference in the involved markets or on disincentives to innovation. Historically, discussions about exclusivity clauses and resale price maintenance have been central in this type of investigation, but digital platforms are effectively changing this landscape, giving rise to discussions on new types of conduct or more sophisticated forms of implementing traditional types of conduct, which have become possible or potentially more serious through new technologies, the broad reach of platforms, the collection of massive data, and the international nature of the largest players in these markets. Notions of relevant market, theories of harm, and standards of consumer welfare or protection traditionally adopted by antitrust authorities are under study and may be revised. The heterogeneity of legal systems in different jurisdictions is another complicating factor for national authorities in the analysis of conduct practiced by companies with market power internationally. All these analyses are present in the 25 articles written for this publication by IBRAC. We have articles focused on traditional methods of analysis in traditional markets, as well as articles addressing new trends and recent discussions in digital markets and platforms. In times of pandemic and economic crisis, as expected, approaches to prices and pricing strategies are recurring themes in the works compiled here.

Conflict Of Interests In High Tech Investment Advisory

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Author : Daniel Favoretto
language : en
Publisher: buch & netz
Release Date : 2024-02-21

Conflict Of Interests In High Tech Investment Advisory written by Daniel Favoretto and has been published by buch & netz this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-02-21 with Law categories.

What are the potential sources of conflict of interests in investment advisory services and how should the law design legal tools of retail investor protection? These are the questions addressed by this book, which explores the new legal challenges of investor protection in the context of digital investment platforms and genAI advisors. The author analyses the investor protection tools provided by competition law, regulatory and private law frameworks, taking Brazil as case study, where investment advisory experienced a unique market change and a major regulatory reform. This book addresses a worldwide audience and concludes with a set of policy recommendations.

Tort Law In Portugal

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Author : Nuno Manuel Pinto Oliveira
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2020-07-21

Tort Law In Portugal written by Nuno Manuel Pinto Oliveira and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-07-21 with Law categories.

Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides ready access to how the legal dimension of prevention against harm and loss allocation is treated in Portugal. This traditional branch of law not only tackles questions which concern every lawyer, whatever his legal expertise, but also concerns each person’s most fundamental rights on a worldwide scale. Following a general introduction that probes the distinction between tort and crime and the relationship between tort and contract, the monograph describes how the concepts of fault and unlawfulness, and of duty of care and negligence, are dealt with in both the legislature and the courts. The book then proceeds to cover specific cases of liability, such as professional liability, liability of public bodies, abuse of rights, injury to reputation and privacy, vicarious liability, liability of parents and teachers, liability for handicapped persons, product liability, environmental liability, and liability connected with road and traffic accidents. Principles of causation, grounds of justification, limitations on recovery, assessment of damages and compensation, and the role of private insurance and social security are all closely considered. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for lawyers Portugal. Academics and researchers will also welcome this very useful guide, and will appreciate its value not only as a contribution to comparative law but also as a stimulus to harmonization of the rules on tort.

Globalization Of Contractual Law

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Author : Frederico Eduardo Zenedin Glitz
language : en
Publisher: Frederico Glitz Consultoria Jurídica
Release Date : 2014-12-01

Globalization Of Contractual Law written by Frederico Eduardo Zenedin Glitz and has been published by Frederico Glitz Consultoria Jurídica this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-12-01 with Law categories.

This book adopts the proposition that it is possible to the customs to be sources of contractual obligations. To support that premise, it was necessary to seek jurisprudential (arbitration and litigation) and comparative basis. Even more, due to contract law internationalization, customary international sources should be subject of domestic treatment, as they provide contractual obligations as well as they work as contractual interpretation tool. However, one can´t neglect the need to control the customary content. In detailed terms, then, we can say that the role reserved for the custom as contractual law rules source has always been residual in Brazilian law. Accompanying the modern European experience, doctrine and Brazilian legislation emphasize the secondary, when not merely interpretive, role of the contractual custom. In turn, Brazilian case law wasn´t able to give general treatment to contractual custom. Moreover, the process of reducing distances and cultural, social and economic approximation, usually called globalization, influenced the contracts through the incorporation of a number of solutions brought from the international trade practice. Although they might be justified by the age-old principle of freedom, somehow these international "uses" insinuate themselves into Brazil to the point of requiring that the Brazilian Courts themselves to give them treatment and shelter. On one side, if you deny the existence of a creative normative role in contractual custom by another, albeit indirect, is recognized not only their existence but the possibility of foreign origin. This paradoxical treatment reflects, to some extent, another consequence: the Brazilian contract law is in the process of internationalization. Here, then, a new confrontation is announced: a broad creative freedom (a tributary of the so-called Lex mercatoria) and the foreign act incorporation control (public policy). Unlike before, however, no simplistic answer would be feasible, particularly because of the complexity of contemporary and regulatory Brazilian contract law.

Artificial Intelligence And Human Rights

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Author : Rubén Miranda Gonçalves
language : en
Publisher: Dykinson
Release Date : 2021-12-14

Artificial Intelligence And Human Rights written by Rubén Miranda Gonçalves and has been published by Dykinson this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-12-14 with LAW categories.

We are publishing this book as the result of a research project carried out by the University of Las Palmas de Gran Canaria in Spain and AFM Krakow University in Poland. Some parts of it were already announced during a scientific Conference organised remotely in Kraków in October 2020. It is now time to present the research findings in writing.The issue of Artificial Intelligence has long raised questions and interests, including those of legal science. A number of problems have not yet been widely analysed, despite the fact that the present time is undoubtedly a time of technological challenges. Therefore, in the presented publication, prepared by the international scientific community, under our scientific guidance, the authors try to analyse the areas which, in their opinion and in our opinion, required such analysis. The leitmotif of our scientific work was human rights and their relationship with Artificial Intelligence. In presenting the research results in this book, we realise that a number of issues still need to be clarified. Nevertheless, we hope that the work presented for the reader’s consideration will constitute an interesting voice in the discussion, a point of reference for all those dealing with the legal issues of new technologies and the protection of human rights.As the presented book is a collective work, the authors essentially present their own views. The whole work has been designed to address a broad spectrum of issues in Artificial Intelligence and human rights in a single collection. We are convinced that such a broad view will allow everyone interested in the discussed issues to see the essence of contemporary problems faced by the science of law in a multinational perspective.We encourage everyone to read the book!Laura Miraut MartínMariusz Zalucki

Comparative Law Yearbook Of International Business Volume 43

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Author : Christian Campbell
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2021-11-11

Comparative Law Yearbook Of International Business Volume 43 written by Christian Campbell and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-11-11 with Law categories.

The Comparative Law Yearbook of International Business, published under the auspices of the Center for International Legal Studies, in this 43rd volume spans an arc of timely and challenging concerns for business law practitioners and academics alike. It discusses: how arbitrability of intellectual property rights disputes might improve worldwide IPR enforcement; how the “disregard of legal entity” may be used to establish implied consent by a person or entity that is not a signatory to an arbitration agreement; how an effective cross-border insolvency framework under the Indian insolvency and bankruptcy code can borrow from the UNCITRAL Model Law’s and other jurisdictions’ approaches to the tension between “universality” and “territoriality”; how a promising new mediation act for Pakistan may help resolve a backlog of millions of cases in a jurisdiction with a patchwork of traditional and modern alternative dispute resolution mechanisms; how the European Union seeks to balance the taxation of digital services; how Brazil is addressing the taxation of offshore indirect transfers; how private equity capital structures in the unique market of professional sports create opportunities as well as risks; how Securities Market Regulation theory plays a role in the organization and development of active securities markets, particularly in emerging markets; and how non-signatories can be bound by arbitration agreements in Brazil through “disregard of legal entity” to ascertain implied consent. The authors are practitioners and academics from Brazil, England, France, India, Pakistan, Singapore, the United States and Uzbekistan. They offer a broad and diverse perspective on some of today’s pressing business law issues in a shrinking world.

Novas Fronteiras Do Sistema Financeiro Nacional V 2

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Author :
language : pt-BR
Publisher: Expert Editora
Release Date :

Novas Fronteiras Do Sistema Financeiro Nacional V 2 written by 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.

No livro Novas Fronteiras do Sistema Financeiro Nacional – v. 2, apresenta-se conhecimento organizado a respeito da regulação normativa do Banco Central do Brasil (BCB) quanto a negócios desenvolvidos com o uso intensivo de meios eletrônicos. Na primeira parte da obra, foram apresentadas as etapas de edição de normas a cargo do BCB e do Conselho Monetário Nacional (CMN). Na segunda, discute-se a respeito da aplicação, no Direito Administrativo Sancionador, do princípio da retroatividade da lei mais benéfica. Quatro capítulos são dedicados à moeda digital brasileira a ser emitida pelo BCB, com apresentação das conclusões: O Drex vai contribuir para a União manter a exclusividade na emissão e no controle da moeda oficial. Há respaldo jurídico para o BCB emitir o Drex e regular sua circulação. Ainda há dúvida se, para funcionar em pagamentos transfronteiriços, o Drex dependerá do Swift; Riscos de vigilância governamental e de limitação da liberdade de movimentação de recursos financeiros com o Drex tendem a ser mitigados, mas há dúvidas quanto ao risco de tratamento de dados para fins ilícitos. Adiante, aborda-se a respeito do Open Finance, analisando-se se o atingimento dos objetivos para os quais foi criado depende do tratamento equilibrado entre portabilidade, interoperabilidade e proteção de dados de seus usuários. Como também, diagnostica-se o estágio de implantação do Open Investment no mercado de capitais brasileiro. Num capítulo, analisa-se a relação entre ampliação da oferta de crédito por fintechs com variadas formas jurídicas e aumento do superendividamento da população brasileira. Quanto ao mercado de pagamentos, são estudadas as diferenças de tributação sobre renda e lucro existentes entre o banco comercial e a instituição de pagamento. Na parte final, discute-se sobre a possibilidade de os indícios de lavagem de dinheiro serem usados como fundamento jurídico para que instituições financeiras encerrem contas-correntes de titularidade de Exchange de criptoativos.

Desenvolvimento E Mercado Na Sociedade Globalizada

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Author : Roberto Luiz Silva (coord.)
language : pt-BR
Publisher: Initia Via Editora
Release Date : 2012-01-01

Desenvolvimento E Mercado Na Sociedade Globalizada written by Roberto Luiz Silva (coord.) and has been published by Initia Via Editora this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-01-01 with Law categories.

SUMÁRIO Aplicação de normas estrangeiras em licitações com recursos de organizações internacionais de cooperação financeira: estudo das diretrizes de licitações e contratações pelo Banco Mundial Thiago Ferreira Almeida O Estado Democrático de Direito, as estruturas para a regulação do mercado financeiro e os agentes reguladores no Brasil Tomás Lima de Carvalho Biocombustíveis: novas tecnologias decorrentes da economia verde e desenvolvimento sustentável Clênio de Sousa Resende & Henrique Rocha Penido Uma discussão jurídica sobre Belo Monte Paula Oliveira Mascarenhas Cançado & Ana Luiza Rocha de Melo Santos Do sistema de solução de controvérsias da Organização Mundial do Comércio (OMC) Roberto Luiz Silva