A envergadura constitucional da posse qualificada na desapropriação privada

The constitutionalisation of private relations is the central theme of this work. Approached him overcome the dichotomy between public and private, through functionalization to the constitutionalization of civil law. Research on the effectiveness of horizontal rights. Constitutional under the lens, we analyzed the tense relationship between possession and ownership desfuncionalizada functionalized. We realize that having qualified and gained autonomy, and mechanism of access to goods, in view of the status sheet minimum, and of accomplishment, materializing human dignity. Then, we investigated the expropriation of private ownership qualified as legislative intervention that ensures the enforcement of fundamental rights through the state-court. We face the legal, the constitutionality and the burden of this institute. Also operability that it gives the judge, the process of exercise, the object, issues related to the burden and assessment of damages, as well as the nature, timing and costs of transferring property. At the end, we point to the scarcity palace, as well as the need to repair lege ferenda. The methodological approach has been championed by legal dogmatics in its analytical aspect, as we explore concepts and correlate with our planning. In empirical connotation, we evaluated the normativity and applicability of our law courts. For the ultimate in normative vision, answers to the problems faced and perform the necessary propositions, based on the results from the conceptual and empirical analysis

Formatividade e interpretação: a filosofia estética de Luigi Pareyson

The concept of formativity, coined by Luigi Pareyson, is a key to the development of countless contemporary aesthetic studies. The aim of this dissertation is to present a deep understanding of the notion of Formativity and Interpretation, as evidenciated by the title Formativity and Interpretation: the aesthetical philosophy of Luigi Pareyson. The work Aesthetics - Theory of Formativity, first published in 1954, is considered a mark in the rebirth of aesthetics. In this dissertation, the concept of Formativity is examined as a component applicable to every human action, and not limited to pre-determined practices, nor referred to the application of preexisting. I ve performed an investigation of the triple concept of doing-inventing-interpreting, which simultaneously grounds Formativity. In the first section, Pareyson s Aesthetical Propaedeutic is presented; in the second, the Theory of Formativity: the aesthetical character of the whole human experience is analysed; and in the third chapter, The Aesthetical of Form and the Metaphysics of Figuration is related to the formativity character of the knowledge. Through this analysis, I ve intended to evidence how human operability can be understood as search and trial, figuration and invention, in the search for success. In this sense, this thesis seeks to present an interpretation of the idea of work-form, speculating the inexorability of invention and interpretation in an attempt to establish a new bottom line for the studies Pareyson s Aesthetics in Brazil