Foro Especial Por Prerrogativa De Fun O E Duplo Grau De Jurisdi O
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Foro Especial Por Prerrogativa De Fun O E Duplo Grau De Jurisdi O
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Author : Bruno Augusto Pasian Catolino
language : pt-BR
Publisher:
Release Date : 2021-06-03
Foro Especial Por Prerrogativa De Fun O E Duplo Grau De Jurisdi O written by Bruno Augusto Pasian Catolino and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-06-03 with Law categories.
A reestruturação do sistema de foro especial visando a uma maior eficiência e celeridade do Judiciário não depende tão somente da mera abolição das hipóteses constitucionais de foro especial nos crimes comuns. Ainda é necessária a manutenção do foro especial por prerrogativa de função para crimes comuns, eis que remeter processos criminais para serem julgados pelas instâncias ordinárias comuns não significa maior celeridade nem justiciabilidade.Ao longo dos tempos houve um alargamento desmedido das hipóteses de foro especial por prerrogativa de função. Isso faz com que, consequentemente, o instituto seja alcunhado de “foro privilegiado” pela sociedade (e pelos pensadores do Direito também!), já que cria toda uma ampla categoria de pessoas que serão julgadas de forma diversa do cidadão comum. A ideia que a sociedade faz do julgamento diferenciado de um agente político, feito por um tribunal diferente do seu, é que isso significa injustiça e impunidade – o que não corresponde com a realidade. É preciso reformular o sistema constitucional e jurídico brasileiro no intuito de fazer com que a ideia do foro especial por prerrogativa de função não signifique necessariamente privilegiar a figura do “político brasileiro” e sim uma segurança para a própria práxis democrática.Não se pode admitir a argumentação de que não há violação ao duplo grau de jurisdição por se tratar de uma disposição constitucional feita pelo constituinte originário, e que a garantia do duplo grau de jurisdição não é absoluta, compreendendo-o como mero princípio interpretativo. Demonstrada a discrepância entre a Convenção Americana de Direitos Humanos e a Constituição Federal, e entre a jurisprudência brasileira e a jurisprudência da Corte Interamericana, a normatividade que deve vigorar é a que mais beneficia a pessoa humana. Para tanto, reconhecer a correta amplitude da garantia do duplo grau de jurisdição é imprescindível.A reformulação do sistema jurídico brasileiro (constitucional e processual penal) sobre o foro especial por prerrogativa de função é medida necessária para que possa transparecer o objetivo do instituto de trazer uma segurança para a própria democracia brasileira e para que se veja que o foro especial por prerrogativa de função não significa necessariamente manter um “privilégio” para a figura do “político brasileiro”.
A Cosmopolitan Legal Order
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Author : Alec Stone Sweet
language : en
Publisher: Oxford University Press
Release Date : 2018-05-01
A Cosmopolitan Legal Order written by Alec Stone Sweet 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 2018-05-01 with Law categories.
In this book, Stone Sweet and Ryan provide an accessible introduction to Kantian constitutional theory and the law and politics of European rights protection. Part I sets out Kant's blueprint for achieving Perpetual Peace and constitutional justice within and beyond the nation state. Part II applies these ideas to explain the gradual constitutionalization of a Cosmopolitan Legal Order: a transnational legal system in which justiciable rights are held by individuals; where public officials bear the obligation to fulfil the fundamental rights of all who come within the scope of their jurisdiction; and where domestic and transnational judges supervise how officials act. Such an order was instantiated in Europe through the combined effects of Protocol no. 11 (1998) to the ECHR and the incorporation of the Convention into national law. The authors then describe and assess the strengthening of the European Court's capacities to meet the challenge of chronic failures of protection at the domestic level; its progressive approach to the "qualified" rights covering privacy and family life, and the freedoms of expression, conscience, and religion; the robust enforcement of the "absolute" rights, including the prohibition of torture and inhuman treatment; and its determined efforts to render justice to all people that come under its jurisdiction, including non-citizens whose rights are violated beyond Europe. Today, the Strasbourg Court is the most active and important rights-protecting court in the world, its jurisprudence a catalyst for the construction of a cosmopolitan constitution in Europe and beyond.
Transconstitutionalism
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Author : Marcelo Neves
language : en
Publisher: Bloomsbury Publishing
Release Date : 2013-05-01
Transconstitutionalism written by Marcelo Neves and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-05-01 with Law categories.
Transconstitutionalism is a concept used to describe what happens to constitutional law when it is emancipated from the state, in which can be found the origins of constitutional law. Transconstitutionalism does not exist because a multitude of new constitutions have appeared, but because other legal orders are now implicated in resolving basic constitutional problems. A transconstitutional problem entails a constitutional issue whose solution may involve national, international, supranational and transnational courts or arbitral tribunals, as well as native local legal institutions. Transconstitutionalism does not take any single legal order or type of order as a starting-point or ultima ratio. It rejects both nation-statism and internationalism, supranationalism, transnationalism and localism as privileged spaces for solving constitutional problems. The transconstitutional model avoids the dilemma of 'monism versus pluralism'. From the standpoint of transconstitutionalism, a plurality of legal orders entails a complementary and conflicting relationship between identity and alterity: constitutional identity is rearticulated on the basis of alterity. Rather than seeking a 'Herculean Constitution', transconstitutionalism tackles the many-headed Hydra of constitutionalism, always looking for the blind spot in one legal system and reflecting it back against the many others found in the world's legal orders.
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
Bentham S Theory Of Law And Public Opinion
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Author : Xiaobo Zhai
language : en
Publisher: Cambridge University Press
Release Date : 2014-04-21
Bentham S Theory Of Law And Public Opinion written by Xiaobo Zhai 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 2014-04-21 with Law categories.
Intended for academics and students who are interested in legal and political philosophy and in intellectual and legal history, this volume brings together the latest research from leading Bentham scholars and challenges the dominant understandings of Bentham among legal and political philosophers.
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.
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.
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.
Judicial Dialogue
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Author : Martin Belov
language : en
Publisher:
Release Date : 2019
Judicial Dialogue written by Martin Belov and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with Law categories.
Judicial dialogue is one of the pressing phenomena in contemporary EU law and constitutional law. It is a device of judicial policy-making and networking and an instrument for policy coordination and negotiation between the national, international and supranational legal orders. Judicial dialogue is also tipping point of the influence of courts on multilevel constitutional politics in the context of global constitutional (dis)order. This book provides original analysis of the different aspects of judicial dialogue. It starts with exploring the constitutional dimension of this phenomenon. The volume offers insightful analysis in relation to the spheres of public finance management, putting emphasis on the judicial dialogue related to the Economic and Monetary Union and the Eurozone crisis management. It outlines important issues of judicial dialogue in Private International Law and international dispute settlement. The book finishes with enlightening case-studies of the judicial dialogue between the Court of Justice of the EU and several national courts. The book offers novel theoretical insights and comparative research combined with case-studies.
The Pure Concept Of Diplomacy
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Author : Jose Calvet de Magalhaes
language : en
Publisher: Praeger
Release Date : 1988-10-17
The Pure Concept Of Diplomacy written by Jose Calvet de Magalhaes and has been published by Praeger this book supported file pdf, txt, epub, kindle and other format this book has been release on 1988-10-17 with Political Science categories.
This is a pioneer theoretical study of diplomacy from the viewpoint of political science. It defines diplomacy precisely, and distinguishes it from the other institutions with which it is often confused. The work commences with a historical analysis of diplomacy through the ages in order to afford a theoretical description of the concept. After defining the term, Calvet de Magalhaes goes on to examine the value of current ideas concerning diplomacy. He also describes deviations from normal diplomatic practice, such as backchannel diplomacy, combat diplomacy, and espionage. The work concludes with a detailed precis of the different elements of diplomatic activity.