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.

A responsabilidade civil extracontratual do estado na prestação de serviços públicos de saúde

This study aims to examine the Brazilian legal model for the non-contractual liability of the state in providing public health services, from the perspective of threedimensional theory of law. Up based on bibliographical and documentary research, with emphasis on legislation, doctrine and Brazilian jurisprudence, the following conclusions were reached. The right to health is typified in the Constitution as a social fundamental right, and understands the pretension to obtain from the State, the supply of goods or the provision of services that reduce the risk of disease and other health problems; or promote, protect and recover the physical and mental well-being. Once violated the fundamental right to health, provides the managed, among other fundamental guarantees, the non-contractual liability of the state. The provision of public services by the state can be made directly through the Direct or Indirect Public Administration, or by recourse to private entities. In any case, the provision of public health services is entirely subordinate to the principles of administrative law and should be fully funded by tax revenues. As the provision of public health services is part of the administrative activity of the State, there is no way to exclude the application of the guarantee of non-contractual liability of the state in the face of the damage suffered by administered as users of these services. Therefore, it applies the theory of administrative risk, even in the event of harmful and illegal state failure.

As escolas polivalentes do Triângulo Mineiro e Alto Paranaíba (MG): sondagem vocacional no projeto desenvolvimentista civil-militar (1965–1976)

This study has as object eight state vocational schools located in Araguari, Araxá, Frutal, Ituiutaba, Monte Carmelo, Patos de Minas, Uberaba and Uberlândia, in Minas Gerais. The period analyzed comprises the years from 1965 to 1976, from the signature of the Agreement 512-11-610-042 beteween the Ministry of Education and Culture (MEC) and the American Agency for International Development (USAID), which started a series of other agreements, and actions ending up with the creation of the Expansion and Improvement of High Schools Program (Programa de Expansão e Melhoria do Ensino Médio - PREMEM) and, from this, the Vocational Schools. The upper limit of the study, 1976, was the year when these agreements, known as MEC/USAID agreements ceased. The Vocational Schools were characterized as vocation probing schools, directing the professional formation of the population in general, which would happen a posteriori, turning it shorter and more effective, since the labor market would demand, urgently, capable professionals for an expanding economy. The project of Vocational Schools had a national scope, and foresaw, for its unfolding, the complete substitution of State Schools for the new model, called “multi-curricula”. The theme Vocational schools was the object of my Master’s degree study, when I focused the State School Guiomar de Freitas Costa, in Uberlândia. That study raised questionings and concerns that resulted in the central problem of the thesis presented here: understanding the measure in which such schools integrated the country’s development project – mostly in the first half of the military rule – and to understand its structure, functionality and efficacyThe development of the study presented here, demanded the use of several sources: 1) specialized literature about the topics presented, i.e., the situation of national education in a temporal analysis, the political, economical and social context, research methodologies, the theory of human capital, vocational teaching, pedagogical trends and practices, agreements MEC-USAID and PREMEM; 2) national, state and county laws related to the discussion: laws of national education directives and basis, decrees and reports stating about the program of technical cooperation between Brazil and the United States of America, the Program of Expansion and Improvement of Teaching (PREMEM), formation of professors, establishment of Vocational Schools and educational planning; 3) documentation of school archives: books of minutes of Collegiate and of faculty and staff, registrar books with final scores, enrolment, visits of inspector, accounting books, punch clock records, student, professor and staff occurrences, inventory, class schedules, school year calendar, school rules, class reports, payment rolls, bills of sales, exchanged mail, personal documentation of professional personnel, documents of land acquisition, blueprints, manuals of PREMEM, didactic materials/resources used in classes, books available in the school library, structured evaluations for follow-up of school processes, pictures of events, texts prepared for special dates, and news from the official newspaper and, finally, 4) national and local press reports, especially from Folha de São Paulo, Correio de Araxá, Correio de Uberlândia and Lavoura e Comércio (Uberaba). The proposition of Vocational schools was conciliate theoretical and practical formation through an active education permeated by technological resources. The contact with knowledge and several practical activities under professional supervision, the student would identify the knowledge area that would interest him the most and his aptitude. This formation in primary school would make way for the vocation studies in high school, which became mandatory by the law 5.692/71, that reformed school education from the previous levels of elementary, middle high and high school. However, the multi-curricula proposal that would be spread to the other public schools in the country ended up succumbing to the model already established. From its ephemeral existence, maybe the Vocational Schools have not reached the more general goals in political, economic and social aspects; however, this study demonstrated that, for the people that, directly or indirectly, had contact with such schools, a legacy of vocational and quality teaching was made, so much so, that forty years after the end of that proposal, they are still remembered.

Sandcastles of hope? Civil society organizations and the working conditions of migrant farmworkers in North America

This research explores whether civil society organizations (CSOs) can contribute to more effectively regulating the working conditions of temporary migrant farmworkers in North America. This dissertation unfolds in five parts. The first part of the dissertation sets out the background context. The context includes the political economy of agriculture and temporary migrant labour more broadly. It also includes the political economy of the legal regulations that govern immigration and work relations. The second part of the research builds an analytical model for studying the operation of CSOs active in working with the migrant farmworker population. The purpose of the analytical framework is to make sense of real-world examples by providing categories for analysis and a means to get at the channels of influence that CSOs utilize to achieve their aims. To this end, the model incorporates the insights from three significant bodies of literature—regulatory studies, labour studies, and economic sociology. The third part of the dissertation suggests some key strategic issues that CSOs should consider when intervening to assist migrant farmworkers, and also proposes a series of hypotheses about how CSOs can participate in the regulatory process. The fourth part probes and extends these hypotheses by empirically investigating the operation of three CSOs that are currently active in assisting migrant farm workers in North America: the Agricultural Workers Alliance (Canada), Global Workers’ Justice Alliance (USA), and the Coalition of Immokalee Workers (USA). The fifth and final part draws together lessons from the empirical work and concluded that CSOs can fill gaps left by the waning power of actors, such as trade unions and labour inspectorates, as well as act in ways that these traditional actors can not.

MODERN SPORT COACHING AND THE LAW: IMPLICATIONS FOR COACH EDUCATION

Introduction
The intersection between the law of negligence and sport coaching in the UK is a developing area (Partington, 2014; Kevan, 2005). Crucially, since the law of negligence may be regarded as generally similar everywhere (Magnus, 2006), with the predominance of volunteer coaches in the UK reflective of the majority of countries in the world (Duffy et al., 2011), a detailed scrutiny of this relationship from the perspective of the coach uncovers important implications for coach education beyond this jurisdiction.  
Argumentation
Fulfilment of the legal duty of discharging reasonable care may be regarded as consistent with the ethical obligation not to expose athletes to unreasonable risks of injury (Mitten, 2013). More specifically, any ‘profession’ requiring ‘special skill or competence’ (Bolam v Friern Hospital Management Committee [1957] 1 WLR 582), including the coaching of sport (e.g., Davenport v Farrow [2010] EWHC 550), requires a higher standard of care to be displayed than would be expected of the ordinary reasonable person (Lunney & Oliphant, 2013; Jones & Dugdale, 2010). For instance, volunteer coaches with no formal qualifications (e.g., Fowles v Bedfordshire County Council [1996] ELR 51) would be judged by this benchmark of professional liability (Powell & Stewart, 2012). Further, as the principles of coaching are constantly assessed and revised (Cassidy et al., 2009; Taylor & Garratt, 2010), so too is the legal standard of care required of coaches (Powell & Stewart, 2012). Problematically, ethical concerns may include coaches being unwilling to increase knowledge, abusive treatment of players and incompetence/inexperience (Haney et al., 1998). These factors accentuate coaches’ exposure to civil liability.
Implications
It is imperative that coaches have an awareness of this emerging intersection and develop a ‘proactive risk assessment lens’ (Hartley, 2010). In addition to supporting the professionalisation of sport coaching, coach education/CPD focused on the legal and ethical aspects of coaching (Duffy et al., 2011; Telfer, 2010; Haney et al., 1998) would enhance the safety and welfare of performers, safeguard coaches from litigation risk, and potentially improve all levels of coaching (Partington, 2014). Interestingly, there is evidence to suggest a demand from coaches for more training on health and safety issues, including risk management and (ir)responsible coaching (Stirling et al., 2012). Accordingly, critical examination of the issue of negligent coaching would inform coach education by: enabling the modelling and sharing of best practice; unpacking important ethical concerns; and, further informing the classification of coaching as a ‘profession’.

Procedural Justice in International Criminal Courts: Assessing Civil Parties’ Perceptions of Justice at the Extraordinary Chambers in the Courts of Cambodia

Procedural justice advocates argue that fair procedures in decision making processes can increase participant satisfaction with legal institutions. Little critical work has been done however to explore the power of such claims in the context of mass violence and international criminal justice. This article critically examines some of the key claims of procedural justice by exploring the perceptions of justice held by victims participating as Civil Parties in the Extraordinary Chambers in the Courts of Cambodia (ECCC). The ECCC has created one of the most inclusive and extensive victim participation regimes within international criminal law. It therefore provides a unique case study to examine some of claims of ‘victim-centred’ transitional justice through a procedural justice lens. It finds that while procedural justice influenced civil parties’ overall perceptions of the Court, outcomes remained of primary importance. It concludes by analysing the possible reasons for this prioritisation.

Réflexion autour des dictionnaires de droit civil

Par leur mode de rédaction, les dictionnaires de droit civil révèlent une conception du sens en droit qui se caractérise par son objectivité, son historicité et son unité, c’est-à-dire par un ensemble de qualités qui sont intimement liées dans l’imaginaire des civilistes. Ce faisant, les dictionnaires de droit civil présentent un certain découpage du monde qui ne tient pas toujours compte des sens multiples que les juristes attribuent aux termes fondamentaux de leur vocabulaire. C’est en dégageant l’origine et la raison d’être du décalage entre le sens tel qu’il est défini et celui qui est vécu que l’auteur montre à quel point les dictionnaires de droit civil s’inscrivent dans une relation complexe qu’entretiennent les juristes avec leur langage.

A gestão adequada de resíduos: ênfase ao setor de construção civil

O presente trabalho traz uma analise exploratória a cerca da situação do setor de construção civil e seu impacto ambiental, assim como, o problema da falta de gestão adequada, que possibilite através de politicas públicas e instrumentos econômicos, formas sustentáveis de lidar com os resíduos gerados em todo território nacional. Analisou-se o Plano Nacional de Resíduos Sólidos (PNRS), elaborado para nortear os municípios brasileiros na adequação da Politica Nacional dos Resíduos Sólidos. O PNRS expõe um histórico da situação dos resíduos, e apresenta alternativas especificas para corrigir as externalidades geradas por sua disposição indiscriminada, além de propor metas de gestão eficiente, e alertar quanto as punições estabelecidas pelo não cumprimento da Lei 12.305, que entrou em vigor no dia 02 de agosto de 2010, dando um prazo de quatro anos para que os municípios encontrassem maneiras de descartar de forma correta seus resíduos sólidos, dentre outras abordagens. Também foi realizado levantamento bibliográfico com uso de conceitos microeconômicos envolvendo externalidades, pelo qual se podem notar as diferentes formas negativas com que o setor impacta o meio ambiente.

Civil & criminal procedure of Jewish courts /

Excerpt: Jewish Theological Seminary of America, Students' annual. v. 1, 1914.

Sistema de gestão em segurança e saúde do trabalho (SGSST) integrando a norma OHSAS 18001 e NR-18: proposta para o setor da construção civil

The job security issue is crucial for the development of construction due to the need to ensure the health of workers, which is done by means of laws and production management. Thus, among various other laws, was enacted NR-18, in order to ensure the worker's minimum conditions for the development work. Despite legislative developments on the subject, they have become ineffective against the excessive number of accidents in the construction industry, bringing the company to greater in ensuring the health and safety of its workers. In view of this need for improvement of working environment in a general appearance, both for purposes of ensuring the law obedience as comfort for workers and quality of the organization, the System Health Management and Safety (OHSMS) is a valid tool demonstrates the evolution of business management, as well as OHSAS 18001 which proposes to ensure the efficiency and integration of a system geared to safety and health at work by means of implements and adaptations of it, in order to bring significant improvements to conditions of work, especially in the form of a new culture to be adopted by the company. Addressing the problem, this paper aims to develop a management system by OHSAS 18001 which is consistent with the terms of NR-18 as it is this integration of OHSMS Management System of the company as a usual practice of that aims at an improvement of work safety in the business of Buildings.

Procedural aspects concerning maritime law

Along this work we wish to highlight the main influence of Procedural Law in some as-pects in our Maritime Law. Our point of view has been supported by new Maritime Naviga-tion Act of 2014, when including the Title X ruling "Procedures Specialities in Maritime Navigation". We are focusing on the Bill of Lading as an essential document in maritime shipping from a procedural point of view. It is particulary relevant the express recognition of its enforce-able nature through the Spanish Maritime Navigation Act, giving to the bill of lading the consideration as an true extrajudicial enforceable title. We will point out the main error of the spanish regulator in the new Maritime Navigation Act, when repeating the provided posibility in the Spanish Civil Procedure Act, of a direct procedure of execution grounded on a extrajuditial enforcement such as the bill of lading. Finally, we would like to conclude the work studying the possible uses of Small Claim Procedure of the 812 article and followings of Spanish Civil Procedure Law, for the pur-pose of safeguarding credit, so as a short mention to other procedural figures expressly in-cluded in the Title IX of Maritime Navigation Law.

A Phenomenological Exploration of Black Male Law Enforcement Officers' Perspectives of Racial Profiling and Their Law Enforcement Career Exploration and Commitment

This phenomenological study explored Black male law enforcement officers’ perspectives of how racial profiling shaped their decisions to explore and commit to a law enforcement career. Criterion and snow ball sampling was used to obtain the 17 participants for this study. Super’s (1990) archway model was used as the theoretical framework. The archway model “is designed to bring out the segmented but unified and developmental nature of career development, to highlight the segments, and to make their origin clear” (Super, 1990, p. 201). Interview data were analyzed using inductive, deductive, and comparative analyses. Three themes emerged from the inductive analysis of the data: (a) color and/or race does matter, (b) putting on the badge, and (c) too black to be blue and too blue to be black. The deductive analysis used a priori coding that was based on Super’s (1990) archway model. The deductive analysis revealed the participants’ career exploration was influenced by their knowledge of racial profiling and how others view them. The comparative analysis between the inductive themes and deductive findings found the theme “color and/or race does matter” was present in the relationships between and within all segments of Super’s (1990) model. The comparative analysis also revealed an expanded notion of self-concept for Black males – marginalized and/or oppressed individuals. Self-concepts, “such as self-efficacy, self-esteem, and role self-concepts, being combinations of traits ascribed to oneself” (Super, 1990, p. 202) do not completely address the self-concept of marginalized and/or oppressed individuals. The self-concept of marginalized and/or oppressed individuals is self-efficacy, self-esteem, traits ascribed to oneself expanded by their awareness of how others view them. (DuBois, 1995; Freire, 1970; Sheared, 1990; Super, 1990; Young, 1990). Ultimately, self-concept is utilized to make career and life decisions. Current human resource policies and practices do not take into consideration that negative police contact could be the result of racial profiling. Current human resource hiring guidelines penalize individuals who have had negative police contact. Therefore, racial profiling is a discriminatory act that can effectively circumvent U.S. Equal Employment Opportunities Commission laws and serve as a boundary mechanism to employment (Rocco & Gallagher, 2004).

Quantification of standards of proof thresholds in criminal and civil litigation

Standards of proof in law serve the purpose of instructing juries as to the expected levels of confidence in determinations of fact. In criminal trials, to reach a guilty verdict a jury must be satisfied beyond a reasonable doubt, and in civil trials by a preponderance of the evidence. The purposes of this study are to determine the quantitative thresholds used to make these determinations; to ascertain the levels of juror agreement with basic principles of justice; and to try to predict thresholds and beliefs by juror personality characteristics. Participants read brief case descriptions and indicated thresholds in percentages, their beliefs in various principles, and completed three personality measures. A 92-94% threshold in criminal and an 80% threshold in civil matters was found; but prediction by personality was not supported. Significant percentages of jurors disavowed the presumptions of innocence and right to counsel.

The influence of queer theory on marriage and civil partnership in Scotland

This thesis will explore the whether queer theory has had any real influence on the law on marriage and civil partnership in Scotland. It will do so by examining the work of Michael Foucault and Judith Butler, reviewing both The History of Sexuality Volume One, and Gender Trouble to establish what queer theory has to say on gender and sexuality. Both works expose the artificiality of gender and sexuality, and in doing so, show that marriage and civil partnership are institutions created to support these artificial structures. Marriage and civil partnership are not isolated from the continuing influence of queer discourse on both gender and sexuality; however, as I will show, the influence has been contained largely to opening up privilege, both legally and socially, to those who wish to conform to structures that remain heteronormative and prescriptive.