Intervenção judicial nas sociedades limitadas em face da liberdade de iniciativa

The judicial intervention in limited liability company goes through several issues of legislative and hermeneutics origin, based considerably on the small importance given to freedom of economic initiative by the participants in the process of formation and application of the law. In addition, Brazilian law, due to incompleteness, inconsistency or lack of valid grounds, put the judge in a procedural delicate situation. Being forced to judge, the judiciary faces severe uncomfortable interpretive situations, of which derive solutions of dubious constitutionality and affecting, significantly, the dynamics of business activity. In this context, and considering the limited liability company as an expression of free enterprise, corresponding to a lawful association of people in order to undertake economically, in exercise of his freedom of contracting and professional action, intended to be offered safe parameters of constitutionality for judicial intervention in limited liability company in the hypothesis of (i) transfer of corporate shares, (ii) attachment of corporate shares, (iii) dismissal of directors, (iv) appointment of judicial stakeholders, (v) exclusion of shareholders and (vi ) trespass. The hypothetical-deductive approach was adopted, building hypotheses to overcome the gaps and unconstitutionality of the law and subjecting them to tests, reviews, and comparisons with hypothetical facts and case law in order to determine the constitutional validity of the proposed solutions. The procedure aimed to reconcile the historical, comparative, dialectical and scientific methods. The roots of temporal institutes were researched as well as current solutions provided by national and compared law. From problematizations point, addressed by the constitutional interpretation of the law and jurisprudence, responses that bring out the unconstitutionality of certain conceptions were headed

A esfera como metáfora: representações do futebol no campo da literatura (leituras do tema no conto de ficção)

Football, understood as a phenomenon of sports practice and nearly universal coverage, can also be seen as a game whose operation circumvents the cultural universe of people who practice it. Much more than just a sport, so this game is a cultural phenomenon par excellence, bearing a communicational and aesthetic dimension whose occurrence has been spotted in various fields of scientific and cultural. Therefore, it is as game and as a phenomenon of culture, we intend to focus on football here as an object of study. Our aim is to investigate the sport in Brazil taking the Literature and Journalism as privileged instances of their representation in the media. Thus, the central idea of this research is to show when and how football has become a recurrent theme in Brazilian literature, starting with its journalistic approach until we get an overview of the aesthetic representation of the game, Literature as the main focus of attention and taking the genre of fiction story as material fact of their representation. With this approach, we intend to develop an overall view, overview of the literature about football in our country and at the same time, particularize this vision in some representative authors of it, like the writer-journalist Mario Filho (the historian, essayist on the modernization of chronic specific theme), José Lins do Rego (writer passionate about the game), Nelson Rodrigues (the esthetician that elevated the sport to the status of art by chronic), Lima Barreto (who along with Antonio de Alcantara Machado pioneered the formalized within the fiction) and the storytellers of the topic itself. In the end, we intend to infer the results of evaluations and reviews of books and authors listed, we have examined a wide sense, but also vertical (and which were focused on a socio-historical perspective and critical-aesthetic) within the assumption that seems be a homology between the way football practice amongst us will historically winning characteristics as to form a Brazilian school of football, and how our writers, journalists will be addressing the topic, which also would focus on creating a "Brazilian way" of telling literary football. The proof of this hypothesis operational work together with the development of historiography and the necessity arising from it, creating a "Guide to Reading football theme in fictional tale of Brazil" shut the focal perspective of this study