Substitui O Processual Conglobante
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Substitui O Processual Conglobante
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Author : Márcia Vitor de Magalhães e Guerra
language : pt-BR
Publisher: Editora Dialética
Release Date : 2020-11-03
Substitui O Processual Conglobante written by Márcia Vitor de Magalhães e Guerra and has been published by Editora Dialética this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-11-03 with Law categories.
O livro propõe uma releitura do instituto da legitimidade ativa no âmbito da tutela coletiva, a partir da moderna perspectiva do processo civil constitucional. Diante da insuficiência do modelo tradicional do Código de Processo Civil, voltado a demandas individuais, o trabalho propõe uma análise crítica dos contornos da legitimidade ativa, com a necessidade de sua adequação às peculiaridades do caso concreto, a partir do controle judicial, no que se convencionou nomear de legitimidade adequada. Nesse contexto, o modelo ope legis de legitimação, pré-determinada pelo legislador, é superado pelo modelo ope judicis, que impõe seu controle pelo magistrado, a partir da chamada representação adequada.
Casebook De Processo Coletivo Vol I
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Author : Edilson Vitorelli
language : pt-BR
Publisher: Almedina Brasil
Release Date : 2020-12-04
Casebook De Processo Coletivo Vol I written by Edilson Vitorelli and has been published by Almedina Brasil this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-12-04 with Law categories.
A tradição da prática, do ensino e da pesquisa jurídica, no Brasil, é teórico dedutiva. Parte-se da teoria para construir soluções de problemas hipotéticos. Diferentemente, na tradição inglesa, a casuística sempre foi o centro da atividade prática e científica dos juristas. Este livro propõe a análise dos principais institutos do processo coletivo a partir de casos, nos moldes dos casebooks ingleses e norte-americanos. São os casos que despertam os debates teóricos, os quais, posteriormente, auxiliam na compreensão da sua solução e, com isso, na definição do que deve ser o Direito. Este volume é dedicado aos temas ligados ao processo coletivo no âmbito judicial. A relevância dos casos selecionados é representativa dos mais significativos problemas enfrentados no país. Desde grandes desastres a questões trabalhistas e de combate à corrupção, nada escapou aos mais de 30 autores, que representam algumas das mais tradicionais escolas de Direito do país.
The Class Action In Common Law Legal Systems
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Author : Rachael Mulheron
language : en
Publisher: Bloomsbury Publishing
Release Date : 2004-11-15
The Class Action In Common Law Legal Systems written by Rachael Mulheron and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004-11-15 with Law categories.
Multi-party litigation is a world-wide legal process, and the class action device is one of its best-known manifestations. As a means of providing access to justice and achieving judicial economies, the class action is gaining increasing endorsement - particularly given the prevalence of mass consumerism of goods and services, and the extent to which the activities and decisions of corporations and government bodies can affect large numbers of people. The primary purpose of this book is to compare and contrast the class action models that apply under the federal regimes of Australia and the United States and the provincial regimes of Ontario and British Columbia in Canada. While the United States model is the most longstanding, there have now been sufficient judicial determinations under each of the studied jurisdictions to provide a constructive basis for comparison. In the context of the drafting and application of a workable class action framework, it is apparent that similar problems have been confronted across these jurisdictions, which in turn promotes a search for assistance in the experience and legal analysis of others. The book is presented in three Parts. The first Part deals with the class action concept and its alternatives, and also discusses and critiques the stance of England where the introduction of the opt-out class action model has been opposed. The second Part focuses upon the various criteria and factors governing commencement of a class action (encompassing matters such as commonality, superiority, suitability, and the class representative). Part 3 examines matters pertaining to conduct of the action itself (such as becoming a class member, notice requirements, settlement, judgments, and costs and fees). The book is written to have practical utility for a wide range of legal practitioners and professionals, such as: academics and students of comparative civil procedure and multi-party litigation; litigation lawyers who may use the reference materials cited to the benefit of their own class action clients; and those charged with law reform who look to adopt the most workable (and avoid the unworkable) features in class action models elsewhere.
Perspective Of Brazil
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Author : Anonymous
language : en
Publisher: Hassell Street Press
Release Date : 2021-09-09
Perspective Of Brazil written by Anonymous and has been published by Hassell Street Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-09-09 with categories.
This work has been selected by scholars as being culturally important and is part of the knowledge base of civilization as we know it. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. To ensure a quality reading experience, this work has been proofread and republished using a format that seamlessly blends the original graphical elements with text in an easy-to-read typeface. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
Human Rights Peace And Justice In Africa
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Author : Christof H. Heyns
language : en
Publisher: PULP
Release Date : 2006
Human Rights Peace And Justice In Africa written by Christof H. Heyns and has been published by PULP this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Africa categories.
The Sense Of Appropriateness
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Author : Klaus Günther
language : en
Publisher: SUNY Press
Release Date : 1993-01-01
The Sense Of Appropriateness written by Klaus Günther and has been published by SUNY Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1993-01-01 with Philosophy categories.
Günther's book demonstrates that most objections to moral and legal principles are directed not against the validity of principles but against the manner of their application. If one distinguishes between the justification of a principle and its appropriate application, then the claim that the application of the principle in each individual case follows automatically from its universal justification proves to be a misunderstanding. Günther develops this distinction with the help of Habermas's discourse theory of morality. He then employs it to extend Kohlberg's theory of moral development and to defend this against Gilligan's critique. In the third and fourth parts of the book, Günther shows--in debate with Hare, Dworkin, and others--how argumentation on the appropriate application of norms and principles in morality and law is possible.
Introduction To Law And The Legal System
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Author : Frank August Schubert
language : en
Publisher: Cengage Learning
Release Date : 2014-01-01
Introduction To Law And The Legal System written by Frank August Schubert and has been published by Cengage Learning this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-01-01 with Political Science categories.
INTRODUCTION TO LAW AND THE LEGAL SYSTEM provides an overview of law and the American legal system, using cases to support the major functions of U.S. law. Suitable for a variety of departments and courses, this text is known for its broad coverage, flexible organization, and use of cases to explain legal concepts. Important Notice: Media content referenced within the product description or the product text may not be available in the ebook version.
Minist Rio P Blico E Princ Pio Da Prote O Eficiente
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Author : Eduardo Cambi
language : pt-BR
Publisher: Almedina Brasil
Release Date : 2019-05-13
Minist Rio P Blico E Princ Pio Da Prote O Eficiente written by Eduardo Cambi and has been published by Almedina Brasil this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-05-13 with Law categories.
O princípio da proteção eficiente de direitos humanos vincula o Estado tanto quanto as vedações de excesso. Estas obstam o arbítrio estatal, como expressão da necessária proporcionalidade entre os ilícitos e as reações estatais diante deles.
Basic Concepts Of Aristotelian Philosophy
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Author : Martin Heidegger
language : en
Publisher: Indiana University Press
Release Date : 2009-07-06
Basic Concepts Of Aristotelian Philosophy written by Martin Heidegger and has been published by Indiana University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-07-06 with Philosophy categories.
This volume presents Heidegger’s 1924 Marburg lectures which lay the intellectual groundwork for his magnum opus, Being and Time. Here are the seeds of the ideas that would become Heidegger’s unique and highly influential phenomenology. Heidegger interprets Aristotle’s Rhetoric and looks closely at the Greek notion of pathos. These lectures offer special insight into the development of his concepts of care and concern, being-at-hand, being-in-the-world, and attunement, which were later elaborated in Being and Time. Available in English for the first time, these lectures make a significant contribution to ancient philosophy, Aristotle studies, Continental philosophy, and phenomenology.
The Play Of Reason
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Author : Linda Nicholson
language : en
Publisher: Cornell University Press
Release Date : 2018-09-05
The Play Of Reason written by Linda Nicholson and has been published by Cornell University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-09-05 with Philosophy categories.
This volume brings together for the first time the highly influential essays, many of them classics, of one of the most prominent scholars in social philosophy and feminist theory. These essays provide a compelling view of many of the major trends in social theory over the past fifteen years—trends that Linda Nicholson herself helped to shape. The Play of Reason examines the legacies of modernity in contemporary political, social, and feminist thought and the unraveling of these legacies in postmodern times. Linda Nicholson first focuses on the tension in modern social theory between attempts to recognize change and diversity and struggles to capture such change in overarching frameworks of meaning and value. She illuminates the consequences of these conflicting tendencies in relation to Marxism, feminist theory, and classical liberal accounts of the family and the state. Nicholson then asks how theory and the resolution of difference are possible after such overarching frameworks are abandoned. She shows how a pragmatic understanding of theory answers widespread fears about relativism. The Play of Reason is a powerful demonstration of a politically engaged social theory.