22 resultados para argumentación jurídica

em Repositório Institucional UNESP - Universidade Estadual Paulista "Julio de Mesquita Filho"


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Specificity and updating of the bibliographic classification systems can be considered a determinant factor to the quality of organization and representation of the legal documentation. In the specific case of Brazil, the Brazilian Law Decimal Classification, does not foresee specific subdivisions for Labor Law procedures. In this sense, it carries out a terminological work based on table of contents of doctrinal Labor Law books of the mentioned area, which are compared to the conceptual structure of the Brazilian Law Decimal Classification. As a result, it presents an extension proposal for Labor Procedures as well as a methodological background for further extensions and updates.

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Pós-graduação em Ciências Sociais - FFC

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Pós-graduação em Ciências Sociais - FFC

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Coordenação de Aperfeiçoamento de Pessoal de Nível Superior (CAPES)

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Pós-graduação em Educação - FFC

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Conselho Nacional de Desenvolvimento Científico e Tecnológico (CNPq)

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Pós-graduação em Direito - FCHS

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Coordenação de Aperfeiçoamento de Pessoal de Nível Superior (CAPES)

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Since the 1990s, higher education technology courses in Brazil have greatly expanded the offer of courses and places. However, the high dropout rates presented in these courses led to a research in order to uncover the factors that lead students to dropout. Through literature review and desk research, this study makes a historical analysis of how professional education is conducted in Brazil. This paper seeks to demonstrate that the implementation of public policies for professional education exacerbates the school’s duality. However, such duality generates contradictions between subjective and objective issues produced by the ideology disseminated by public policies and government actions in relation to vocational education. These contradictions end up unveiling the social inferiority of vocational education and discourage students from remaining in the courses. The legal equality between educational levels seeks to mediate the emergence of these contradictions. However, despite legal equality, social equality is not achieved in the implementation of public policies, leading to a high dropout rate.

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This research aims to discuss the division of royalties from a legal perspective and its substitute role towards the non-taxation at source, in other words the taxation of destiny at the Brazilian petroleum industry. The analysis aims to deal with the historical evolution in relation to the aspect of royalties’ payment and its deviation of compensatory character in order to supply the ICMS function. There are some specific study objects in this research: 1. how the transformation of royalties’ payment led to financial compensation; 2. to whom the transference of mineral rent belongs – to the UNIÃO or to the fortunate regions which the oil is extracted; 3. would a tax reform be enough to minimize the competition of States and Cities towards the royalties? The research aims to clarify the real expectation that States have on the royalties’ payment. There is no compensation for damage to the environment as it is stated by the initial characteristic of the Constitution, and, by the contrast, from a compensatory character, there is a lacking of taxation from the sector mentioned before, this fact damages the producing states checked out by this research