A representação discursiva da vítima e do réu no gênero sentença judicial

This dissertation aims to identify and describe the phenomenon of discursive representation of victim and defendant in court judgment genre. Researchis part of general theoretical framework of text linguistics and more specifically in textual discourse analysis (ATD) theory developed by Jean-Michel Adam ([2008] 2011). Discursive representation notion proposed by ATD is one of the most important aspects of semantic dimension of the text, being complemented in the work of Grize (1990, 1996) from schematization notion. In this perspective, this work is guided by studies of text linguistics with Koch (2012, 2005, 2004), Marcuschi (2012, 2008, 2005), Rodrigues, Passeggi and Silva Neto (2010, 2012, 2014), with genre Bazerman (2005), Bakhtin (1992) and the juridical discourse with Capez (2012), Pimenta (2007), Lourenço (2013) and Gomes (2013) . Methodologically, is a documentary research, presenting qualitative and descriptive characters and is guided by the inductivedeductive method. Corpus consists of a judicial sentence, criminal, collected electronically from Court of Justice of São Paulo - Judiciary website in consultation Judged1st Degree, with the theme of violence against women. Analysis procedures use semantic categories of discursive representation, such as referencing, predication, modification and the spatial and temporal location. Results are focused on the construction of discursive representation of (victim and defendant) from PdV distinct enunciators, which may approach or distance themselves according to argumentative text orientation. Thus, considering social importance of forensic text and, in particular, court judgment in the lives of citizens, it was possible to realize the importance of developing research that addresses the study of text semantic dimension, especially in construction of representations of discourse objects

O direito fundamental à igualdade no contexto da identidade sexual no Brasil: um estudo da situação jurídico-constitucional com ênfase no exame da suposta inconstitucionalidade por omissão do legislador civil

This dissertation analyses the Brazilian Supreme Court’s judgement in the Non-compliance Action of the Fundamental Precept 132/RJ and in the Direct Action of Unconstitutionality 4277/DF, which created in the country the same-sex civil union. In This decision, the STF interpreted according to the constitution Article 1.723 of the Civil Code, invoking several fundamentals reaffirmed in the Constitution. From all these laws invoked by the Supreme Court to support the pretorian creation, the content of consitutional Law regarding equality is the only that corresponds, and it is sufficient to evidence the necessity of the creation, by legislator, of the institute for civil rights, since the Constitution forbids distinctions that is not expressly provided for in the Constitution (Art. 3º, IV, of Federal Constitution). In this way, Article 226, § 3º is not an exception capable of satisfying the condition of the consitutional foresight because although it protect, according its content only the civil union “between the man and the woman”, it is not able to forbid the creation, by legislator, of another kinds of families, including the same-sex civil union. As such, the reasoning, now legitimate according to the legislator, is not support the creation of institute by Constitutional Court, because the Court may enforce the Law, interpreting in the purviews allowed by the legal text and its constitutionality. In regard to the civil union of individuos of the same sex, the Court could not deduce that such union was implied by Law, like the interpretation according to the Constitution given by judges, on grounds of semantic purviews of the words man and woman, existents in both articles. The Court could not created it either, exceeding the legal system role. So, upon the institute creation, the STF, exceeded two limits: the interpretation and Law enforcement.

O crucifixo nos tribunais: a neutralidade religiosa e o uso dos espaços públicos

This thesis aims to analyze the cross exhibition in sessions halls and audiences of the judiciary, considered the religious freedom and the limitations arising from the idea of State neutrality. It is known that the 1988 Constitution protects freedom of expression of thought, conscience and religion, in its various aspects, proclaiming, on the other hand, the neutrality of the state, to reinforce these same freedoms. Thus, the aim is to avoid confusion between state and religion, admitted, however, collaboration of public interest, in respect of attitude to the beliefs and individual choices of citizens. In modern societies, the dualism between the civil power and religion has to do with laicity and a broader phenomenon that took the name of secularism, meaning the loss of space of religion in societies or even decreased idea religious belonging. It is based on this finding that the work develops with reference to concepts such as civil society and rule of law relevant to an accurate understanding of the problem. The methodology consists of bibliographic and documentary research through books and thesis, in addition to the legislation and some precedents related to the topic in question, looking to investigate whether, even though the predominantly Catholic Brazilian people and recognized the strong influence that Christian values exercise on the public authorities, it is possible to sustain the symbolic differentiation state, a republic that is said secular and democratic and which has as one of the fundamental objectives to promote the good of all, without any form of discrimination. Starting from the idea that the presence in buildings and public institutions, symbols and Catholic imagery, like the crucifix, has some difficulty in reconciling the guarantee of religious freedom and the principle of laicity, the idea is to exactly propose a solution who can respect pluralism and diversity in a context where Catholicism remains a strong presence.

A conduta judicial ética teórica e aplicada contida em princípios e regras deontológicos abrangidos pelo sistema constitucional

Research on Legal Deontology dedicated to theoretical and applied ethics on judicial conduct grounded in legal principles and rules set out in the Constitution of the Federative Republic of Brazil and the Organic Law of the National Judiciary, also contemplating propositional instruments covered by the constitutional system, which conveys behavioural paradigms inserted in the Bangalore Principles of Judicial Conduct, in the Universal Statute of the Judge and in the Latin-American Code of Judicial Ethics, as well as highlight the influence of those instruments in the Brazilian Ethical Code of the Magistrates and in the official complementary training of judges in charge of Judiciary Schools. The study provides the theoretical influxes of moral norm, passing by behavioural social norm to consolidate the ideal standards of judicial conduct into legal standards and related instruments. The Legal Deontology directed to the ethical judicial conduct is confronted with the stereotype that society expressed in relation to the judge's person, who is the political agent that interprets the law for making decisions which directly influences the realization of access to justice, that is constitutionally guaranteed to all. Core values inserted in the constitutional system intended to discipline the judicial conduct are presented and analysed under a critical view, since they are enclosed in prescriptive language that conveys behavioural aspects open to interpretation and which compliance is revealed as a proposition focused on promoting a better solution of interest’s conflicts under the responsibility of those who constitute the distinctive corporation of the Judiciary. The theme’s contextualization also focuses on applied ethics, based on the approach of normative and propositional instruments of deontological content, still focusing on the study of real cases examined by the Brazilian National Council of Justice, as part of its correctional goals.

La Convención de las Naciones Unidas sobre el Derecho del Mar de 1982 y las actividades militares

Los océanos del mundo han jugado un papel crucial en el derecho internacional contemporáneo, facilitando la comunicación y proporcionando un importante progreso jurídico a partir de la III Conferencia de las Naciones Unidas sobre el Derecho del Mar, realizada entre 1973 y 1982, no sólo respecto de recursos vivos y no vivos, sino también, según expresó Boczek, como campo de batalla para innumerables conflictos armados y a modo de área para proyectar el poder naval con metas políticas utilizadas tanto para fines pacíficos como no pacíficos.

Diagnóstico de qualidade ambiental em unidades de conservação: o caso do Parque Estadual Vitório Piassa

Over time, humanity began to realize the negative impact that the modern world has caused to the environment. The Atlantic Forest is one of the richest biomes in biodiversity, covering more than 60% of all species on the planet. This biome covered about 15% of the Brazilian territory, leaving currently only 7% of its fully fragmented forest remnants. This was the biome that suffered most from modernization and strong anthropogenic pressures in Brazil. For the account of environmental degradation, in the second half of the nineteenth century there was a shift in thinking, giving greater emphasis on conservation of some natural landscapes, with the intention of removing the man still preserved nature. Based on American models of conservation there were created the Nature Conservation Units. This study aimed to analyze the environmental quality of the State Park Vitório Piassa, a Conservation Unit located in the city of Pato Branco - PR. The environmental quality was measured by use of bio-indicators and some environmental pressures that the Park has suffered over the years also were identified. Beetles of the familiy Scarabaeinae (Coleoptera: Scarabaeidae) were used as the bioindicators. To compare the most conserved areas and the most degraded areas of the Park, three specific sites were defined within the Atlantic Forest fragment, these insects were captured with pitfall traps and identified as to their species and genera. There were two collections in February and March 2015, which resulted in 945 individuals in 22 species and nine different genus. Then the population of beetles in each area were classified based on ecological measures such as species richness, abundance of individuals of each species through diversity index (Shannon and Simpson) to identify the differences between the sampled groups and equitability (Pielou) to measure the distribution of the total abundance of the species in each area. To meet the objective of identifying the environmental pressures that occur in PEVP, evidence were collected through photographs, watching the field, aerial images and conversations with the resident population in the park. Similarly, if made relevant to build on the project running by the municipality for the construction of infrastructure for public viewing. These data served as subsidies to confront the current situation of the park and the current Brazilian legislation for UC's of full protection, highlighting the existing socio-environmental conflicts in the park, involving political issues and the proximity of the Conservation Unit with the urban area of the city.

Foro privilegiado: pontos positivos e negativos

Analisa aspectos do foro especial por prerrogativa de função, ou foro privilegiado, que é um instituto pelo qual se atribui a tribunais específicos da estrutura judiciária brasileira o poder de processar e julgar determinadas pessoas.

Aplanadora, ascensor o maquinaria política

Fondo Margaritainés Restrepo

Peligro, políticos mecánicos : sugerencias para reparar o desmontar la maquinaria política

Fondo Margaritainés Restrepo

Composição dos Tribunais Superiores

Análise de princípios, aspectos históricos e constitucionais referentes à composição dos Tribunais Superiores no Brasil.

Controle da arrecadação e aplicação da contribuição sindical pelo Tribunal de Contas da União

Consultoria Legislativa da Área I - Direito Constitucional, Eleitoral, Municipal, Administrativo, Processo Legislativo e Poder Judiciário

Sobreposição de coisa julgada: uma perspectiva no exterior e no Brasil em busca de uma solução adequada para o direito brasileiro

Dissertação (mestrado)—Universidade de Brasília, Faculdade de Direito, Programa de Pòs-Graduação em Direito, 2015.

A não cumulatividade do IPI na exportação de mercadorias nacionais sob a perspectiva da análise jurídica da política econômica : neutralidade da incidência tributária e efetiviade do creditamento

Dissertação (mestrado)—Universidade de Brasília, Faculdade de Direito, Programa de Pós-Graduação Stricto Sensu em Direito, 2016.

Divisão de poderes e jurisdição constitucional direta : ressignificação do princípio e precisão conceitual da função no sistema brasileiro

Dissertação (mestrado)—Universidade de Brasília, Faculdade de Direito, Programa de Pós-Graduação em Direito, 2016.

Imagens da imparcialidade entre o discurso constitucional e a prática judicial

Tese (doutorado)—Universidade de Brasília, Faculdade de Direito, Programa de Pós-Graduação em Direito, 2016.