Desenvolvimento e efetivação da garantia a duração razoável do processo civil

The present paper aims at analysing the constitutional principle which foretells lawsuit s rational run warranty. We came from a principle standard-constitutional analysis, showing its historical descent, its position and hermeneutical extent which can be given to the dispositive text. Being based on the institute standard examination, we then went to infraconstitutional analysis of the rules related. We noticed that there are specks of legal and practical advancements, however there are also some clear limitations for the lawsuit s rational run judicial development and accomplishment. In short, it is about a principle-logical constitutional standard which must be more and more compacted

Devido processo penal: uma análise acerca dos direitos fundamentais sob a perspectiva do processo eletrônico

The current study presents an analysis about the automation of the lawsuits in Brazil, which opens a new direction to be followed by the National Secretary of Justice, applied indistinctively to the civil, criminal and labor lawsuits, as well as to the special court houses at any degree of juridisdiction. It treats, specifically, about the transition from the classic lawsuit with bureaucratic aspects to the electronic one, based on the simplicity of the functions, the quality of the oral and the readiness. The light of the constitutional principle of the reasonable duration of the lawsuit, while fundamental rigth of the defendant and, under de protection of the democratic guarantee, it investigates, from the theory of the fundamental rights to the reform movement of the lawsiut, in the scenery of the alien law and national law, the latter, mostly because it has the automation as a necessary improvement claimed by modernity, yet without forgetting of the humane character inherent to the criminal lawsuit. It faces the issue of of the disruption of the paradigm of the written formality of the Brazilian lawsuit, the problem of the resistance to the new automized method, the use of the video conference for the inquest of the witnesses as well as for the questioning of the defendant, the advancements of the virtual lawsuit on the Superior Courts, Federal Supreme Court and Superior Court of Justice, it treats also about the role of the National Council of Justice - CNJ - to uniformize the legal proceedings in the country. Without neglecting the effective respect to the fundamental rights, it focuses the cultural change necessary so that the electronic technology can be, in fact, in the indictment system, the means to reach with excellency the citizenship by the simplification of the legal proceedings, transposing the baseless bureaucracy and assuring an effective judicial service assistance in order to have a better quality of life

Atuação profissional e vivência do cirurgião-dentista na estratégia do programa de saúde da família

The purpose of this research was to analyze the working profile of dentists from the Family Health Program (PSF Programa de Saúde da Família, Brasil) of some Municipal Districts of Rio Grande do Norte (Brazil) in order to understand the way they handle the experience acquired with the work developed in that Program. This discussion evolves a reflection about the perspectives of consolidation of the FHP as well as the possible advancements of the Brazilian Unified Health System (SUS - Sistema Único de Saúde). The target population was composed of dentists from the FHP of Rio Grande do Norte. Thus we performed twenty-one interviews orientated by a semi-structured guidebook with open questions and identification data. We opted for recording the speech of all the professionals in order to ensure the accuracy of the information gathered. The main results found were: predominance in the female gender; the majority of dentists has no post graduation courses; in those few cases of dentists with some post-graduation a lack of correlation with Public or Collective Health was observed; the dentists interviewed present a profile directed to clinical activities; the dentists used to develop basic restorative and periodontic treatment, simple surgeries and educative and preventive activities, even though the last two ones are carried out in an extremely traditional way (lectures and topical application of fluoride). In addition, as biggest difficulties to manage the work dentists pointed out the lack of permanent and consumer material, inadequate infrastructure, no transport to take them to distant places, no integration with the Health Family Team, technical difficulty such to perform educative and preventive activities as to provide adequate service to a repressed lawsuit. The results indicate the existence of a necessity to lead them to reflect and redirect their practices. In order to reach this aim it must be considered as initial measure the investment and encouragement toward to permanent education as well as a close follow-up and evaluation of the actions developed by them

O consentimento informado: Qual o seu real valor na prática médica?

Trata-se de um artigo que comenta sobre a real importância do Termo de Consentimento Informado na prática médica. Este documento tem sido cada vez mais usado como uma prática defensiva, a fim de constituir provas para defesa de um eventual processo judicial de responsabilidade médica, desvirtuando assim a idéia original, que seria a de respeitar a autonomia do paciente e delimitar a responsabilidade médica. O documento tem como objetivo mostrar que o médico cumpriu com seu dever de informar. Seu grande valor reside nos casos onde existam riscos de danos irreversíveis ao paciente. Conclui-se, porém, que um prontuário bem elaborado onde se inclui o registro das informações que foram transmitidas, bem como o grau de participação dos pacientes e seus familiares nas decisões terapêuticas, também deve ter valor ético e jurídico semelhante do TCI.

Da responsabilidade do Estado quanto ao erro judiciário na sentença penal absolutória

Pós-graduação em Direito - FCHS

Direito previdenciário e tutela urgente: concessão e revogação da tutela antecipada e a irrepetibilidade dos valores recebidos pelos segurados

Pós-graduação em Direito - FCHS

O direito fundamental a processo em tempo razoável: satisfação de obrigações mediante ação monitória contra a Fazenda Pública

Pós-graduação em Direito - FCHS

À sombra dos jequitibás: patrimônio ambiental e políticas públicas na criação e implantação do Parque Estadual de Vassununga – SP (1969-2005)

Fundação de Amparo à Pesquisa do Estado de São Paulo (FAPESP)

Repercussões do filme Lamarca no Jornal Folha de S.Paulo

Ao utilizar o cinema como fonte histórica, precisamos enfocar também aquilo que não é filme: o autor, a produção, o público, a crítica. Neste sentido este artigo analisa a repercussão do filme Lamarca (1994) no jornal Folha de S. Paulo. Encontramos questões como, por exemplo, a polícia militar de São Paulo fazendo um outro filme para contrapor a versão de Lamarca, a tentativa de busca e apreensão das cópias do filme com uma ação movida na justiça pelo general Nilton Cerqueira, o ressentimento de um guerrilheiro dentro de uma polêmica surgida a partir de artigo sobre o filme. Estes conflitos denunciam diferentes percepções sobre este período (ditadura militar) recente da nossa história.

A Psicologia e a judicialização dos casos de violência sexual

The violence is a phenomenon to be faced by several public actions and requires a formal notification system that preserves the victim of suffering from public exposure. This article discusses, in the specificity of Psychology action at the Court of the State of Sao Paulo, the importance of public policy in confronting sexual violence and the assistance of the victims. The main objective of this article is to provide a review of the relationship between the Judiciary and the Public Policy, focusing on networking and the unnecessary judicialization of actions that should be developed in another environment. The way the fact is treated in the family and the society will determine the victims' reactions and their readiness to talk about it, both in the police investigation, as in the judicial lawsuit, or yet, in specific assistance programs.

A tempestividade da prestação da tutela jurisdicional como requisito essencial à efetividade do direito

Pós-graduação em Direito - FCHS

The importance of a good relationship between patient/dentist based on the obtaining of an informed consenr to prevent lawsuits

The increased number of law suits in the Dentistry field constitutes an international trend. Patients well informed by the media and supported by the law sue their dentists, when they judge they were victim of bad practice. Professionals even with all discussion about this subject do not have the habit of prevent themselves. It is known that for a defensive practice the best way to avoid litigation is a good relationship with patient, based on dialog and on informed consent. This relation is very important, since patients who rely on their dentists rarely take them to justice. Hence, this article discusses the importance of this relation, as well as the obtaining of informed consent in order to prevent lawsuits.

Actitud de los docentes de las facultades de Odontologia Brasilenas ante los aspectos bioeticos, eticos y legales del tratamiento odontológico

The study consist on an analysis of attitude by professors of Brazilian Dental Schools before the aspects bioethical, ethic and legal dental treatment aspects. The data collect occurred by semi-structured questioners send by e-mail and correspondence. It was applied the content analysis, by categorical analysis technique, according to Bardin. About bioethical aspects, 94,6% cited that the decision of treatment should be realized between professional and patient, because it don t interfere on negative form (100%). Everybody consider important the interaction professional/patient, because it establishes the respect and mutual agreement between them (61,8%). Tangent at ethic aspects, 95,5% show all alternatives for determined case, even knowing that can lost patient, explaining on the technique and laical form to clear doubts(61,9%). About legal aspects, 82,4% allege that dental surgeon should treat his patient like consumer whereas offer techniques, materials and know through profession. And, like legal prove on occasional lawsuit, 57,1% mentioned that professional don t need of contract necessarily, but a good documentation about patient and e assigned by him. It concluded that these aspects should be teached always to Dentistry academics, whereas they re inherent at profession, to not stay vulnerable at future ethic, judges and other problems.

RP93-395 Liability Insurance and the Family Child Care Provider

Life other small business owners, family child care providers need adequate life, health, and disability insurance to protect their families from the loss of their income. However, child care providers also face unique risks. Perhaps the most important of these risks is the financial loss that would result if the provider were found liable or responsible for the injury or death of a child or a child's parent. If a claim were filed against you as a provider, three different types of financial losses are possible: medical expenses, damages awarded to the victim or his/her family after a lawsuit, and court costs related to your defense. This booklet will help you to: (1) evaluate options for insuring a family child care operation, and (2) evaluate available liability insurance policies.

PHOTOGRAPHIC RECORDS — THEIR IMPORTANCE IN TODAY'S ENVIRONMENTALLY SENSITIVE BIRD MANAGEMENT PROGRAMS

We are living in a day of change. Environmental awareness is a part of our everyday life in a way unprecedented in history. The courts, in their infinite wisdom, have initiated the joint and several liability (deep pocket) rules that make everyone at risk in almost all situations. Bird management programs, by their very nature, are extremely sensitive. Any project, if not evaluated, planned, carried out, and documented properly can result in adverse regulatory agency action, bad publicity, and even fines or lawsuits. Proper photographic documentation can play a vital part in helping to provide the necessary records to help prevent problems and/or defend yourself in case of lawsuit or regulatory action. In the preparation of this paper, we surveyed state pesticide lead agencies, state Department of Conservation (Fish and Wildlife) agencies, some U.S. Fish and Wildlife Law Enforcement personnel, and several individuals to get their reaction to and their comments about this concept of supplemental recordkeeping. Of those responding, a majority thought the concept of supplemental photographic recordkeeping would be an asset to individuals and organi¬zations conducting bird management projects.