A arbitragem como alternativa para diminuir a morosidade do sistema judiciário brasileiro

This thesis is about arbitration, a form of alternative dispute resolution, as a solution for the slowness of the Brazilian Judiciary. The paper starts with an approach of the fundamental rights, highlighting their positivation, important to distinguish them from human rights, the four dimensions of the fundamental rights and, lastly, the analysis of their features, emphasizing their characters of complementarity and universality. After, it starts to discourse about the “access to Justice”, an important fundamental right, and, to delimitate the role of the Judiciary and the problems related to solve cases in a reasonable amount of time. Next, it exposes other alternative forms of dispute resolutions that, like the arbitration, can help to the concretization of a faster and more effective Justice. Then, it discusses the historical evolution of the arbitration in Brazil, highlighting the contemporary features of the institute, which were more visible with the ratification of the New York Convention and the promulgation of Law nº 9.307/1996. In addition, it analyses the possible changes that will come with the New Brazilian Procedure Law Code and the PL 7.108/2014, intended to change the current Arbitration Law. It also explains the main arbitration attributes, describing the peculiarities of the arbitral convention, the arbitrator role, and the arbitral award aspects. At least, it lists the main reasons someone should choose arbitration instead the Judiciary, considering the Brazilian Courts reality.

A tutela preventiva da responsabilidade civil

The contemporary society is characterized by high risks. Today, the prevention of damages is as important as compensation. This is due to the fact that the potentiality of several damages is not in line with compensation, because often compensation proves to be impossible. Civil law should be at the service of the citizens, which explains that the heart of the institution of non-contractual liability has gradually moved towards the victim's protection. It is requested from Tort law an active attitude that seeks to avoid damages, reducing its dimension and frequency. The imputation by risk proves to be necessary and useful in the present context as it demonstrates the ability to model behaviors, functioning as a warning for agents engaged in hazardous activities. Economically, it seeks to prevent socially inefficient behaviors. Strict liability assumes notorious importance as a deterrent and in the dispersion of damage by society. The paradigm of the imputation founded on fault has proved insufficient for the effective protection of the interests of the citizens, particularly if based in an anachronistic vision of the concept of fault. Prevention arises in several areas, especially in environmental liability, producer liability and liability based on infringement of copyright and rights relating to the personality. To overcome the damage as the gauge for compensation does not inevitably mean the recognition of the punitive approach. Prevention should not be confused with reactive/punitive objectives. The deterrence of unlawful conduct is not subordinated to punishment.

Da responsabilidade civil por abandono afetivo

This study, in the Family Law area, aims to examine the civil liability for emotional distance from a multidisciplinary perspective. The work and reflection made thereunder tend to corroborate the cognizance that self-representation, sociability and the ability of future adults to define their life’s projects, depend, to a large extent, on the emotional stability and maturity that has been assured to them, as children, by the material and emotional care that has been provided to them by both parents. It is therefore crucial to tend to the feelings of loss and to the potential lack of self-esteem that the affective rupture with either parents may cause. Thus, we promote an analysis of the sustainability, under Portuguese law, of the imposition of compensatory measures, independent from other injunctions foreseen in civil and guardianship law, upon the dissolution of family ties in result of a guilty injury of parental obligations, which have caused serious and evident injuries to the children.

Cultura de segurança em proteção civil

This work aims to stress the concept of a security culture in the sense that each one of us is an emergency responder, the first one to respond, and the more prepared we are, with better training and awareness, the better we will perform, this applies even to the relationship between us and the Emergency Responders. All this will lead to a better probability of surviving an accident. If there is an accident, anywhere at any time, each one of us is alone. And the bigger the accident is the longer we stay alone. There is no firefighter, no policeman, no doctor, so it is very important to be competent, in other words, knowing how to react, wanting to react and being able to react. This is a basic requirement to understand the phenomenon, to know the consequences arising from the way we act and that we have to perform according to the situation: before, during and after it occurred. In brief, let’s not make resilience be just a word, let’s make it a concept that belongs to the higher definition of the Security Culture.

O princípio da confidencialidade na mediação em matéria civil e comercial

The purpose of the following study is to analyze the relevance of the principle of confidentiality concerning mediation on civil and commercial matters developed in Portugal. We will, essentially, try to determine just how pivotal is this principle and how it affects the effectiveness of that method of alternative dispute resolution. We believe it is fundamental to understand the true extent of this principle and its goals, emphasizing the protection given to those who decide to resort to mediation and its impact on this process. For this dissertation, we have based our analysis on the interpretation of the set rules assembled by Law nr 29/2013, April 19th, while combining it with data gathered from other laws and regulations that had also addressed mediation. Furthermore, given the fact that this subject has been regulated by Directive 2008/52/EC, we deem pertinent to include references to other European mediation regulations, namely from Germany, Spain and France. With this study, we have established that, even though the Portuguese mediation law is based on a European Directive, we have determined a more restrictive regulation for the principle of confidentiality. We have concluded that the rules regarding this principle try to preserve, above all, the trust and honesty established during the course of the mediation, while restricting the possibility of using the information disclosed during these sessions on other cases. Additionally, we believe confidentiality is such a distinctive and relevant feature that its legal framework leads us to deem it as a true obstacle to the parties’ private autonomy and their power to determine how the mediation should be carried out.

Evaluation of an antireflux procedure for colonic interposition in pediatric esophageal replacements.

Background: In 1989, we introduced a 1-stage procedure with orthotopic colonic transplants for esophageal stenosis. A pitfall of this procedure is frequent reflux and/or stasis in the transplants from the cologastric anastomosis. Since 1993, we have used a new antireflux wrap (ARW) using an anterior wrap technique similar to the Dor procedure but fixed to the right crus of the diaphragm.Purpose: The purpose of the study was to evaluate ARWs.Method: From 1993 to 2008, the records of 67 patients with an ARW were compared with 27 without ARW (either operated on before 1993 or ARW was not appropriate) after colonic transplant for caustic esophageal stenosis. Both groups otherwise underwent the same surgical procedure. Postoperative esophagograms done on postoperative day 10 were reviewed for the presence of gastrocolonic reflux and stasis in the transplant.Results: The reflux rate on the initial esophagogram was reduced from 48.1% to 7.5% using ARW. The incidence of reflux on later esophagograms was 40.0% with no ARW and 21.4% with ARW. The 25% long-term rate of stasis in the colonic transplant was not increased with ARW.Conclusions: A loose ARW in patients with colonic esophageal replacements reduces gastrocolic reflux without increasing the rate of stasis. In the long term, children adapt better to stasis than to reflux and are thus protected from occult inflammation.

A Multicenter Randomized Clinical Trial of Primary Anastomosis or Hartmann's Procedure for Perforated Left Colonic Diverticulitis With Purulent or Fecal Peritonitis.

OBJECTIVES: : To evaluate the outcome after Hartmann's procedure (HP) versus primary anastomosis (PA) with diverting ileostomy for perforated left-sided diverticulitis. BACKGROUND: : The surgical management of left-sided colonic perforation with purulent or fecal peritonitis remains controversial. PA with ileostomy seems to be superior to HP; however, results in the literature are affected by a significant selection bias. No randomized clinical trial has yet compared the 2 procedures. METHODS: : Sixty-two patients with acute left-sided colonic perforation (Hinchey III and IV) from 4 centers were randomized to HP (n = 30) and to PA (with diverting ileostomy, n = 32), with a planned stoma reversal operation after 3 months in both groups. Data were analyzed on an intention-to-treat basis. The primary end point was the overall complication rate. The study was discontinued following an interim analysis that found significant differences of relevant secondary end points as well as a decreasing accrual rate (NCT01233713). RESULTS: : Patient demographics were equally distributed in both groups (Hinchey III: 76% vs 75% and Hinchey IV: 24% vs 25%, for HP vs PA, respectively). The overall complication rate for both resection and stoma reversal operations was comparable (80% vs 84%, P = 0.813). Although the outcome after the initial colon resection did not show any significant differences (mortality 13% vs 9% and morbidity 67% vs 75% in HP vs PA), the stoma reversal rate after PA with diverting ileostomy was higher (90% vs 57%, P = 0.005) and serious complications (Grades IIIb-IV: 0% vs 20%, P = 0.046), operating time (73 minutes vs 183 minutes, P < 0.001), hospital stay (6 days vs 9 days, P = 0.016), and lower in-hospital costs (US $16,717 vs US $24,014) were significantly reduced in the PA group. CONCLUSIONS: : This is the first randomized clinical trial favoring PA with diverting ileostomy over HP in patients with perforated diverticulitis.

Karta öfver Uleåborgs stad upprättad år 1886 i enlighet med af aflidne Civil-Ingenieur C. Kjerrström år 1876 öfver staden upprättade karta jemte tilläg af: G. Wilh. Liljeblad

Mittakaava laskettu janamittakaavasta

Répertoire général pratique de notariat, de droit civil et fiscal et de formules d'actes : recueil périodique 1° de lois et décrets, avec commentaires ; 2° de jugements, arrêts, solutions, décisions, etc. ; 3° et de formules d'actes notariés : faisant suite au Traité-pratique et formulaire général du notariat / par A. Defrénois

1878 (T3,N2172)- (T3,N3883).

Répertoire général pratique de notariat, de droit civil et fiscal et de formules d'actes : recueil périodique 1° de lois et décrets, avec commentaires ; 2° de jugements, arrêts, solutions, décisions, etc. ; 3° et de formules d'actes notariés : faisant suite au Traité-pratique et formulaire général du notariat / par A. Defrénois

Etat de collection : retirages de 1877-1878

Répertoire général pratique de notariat, de droit civil et fiscal et de formules d'actes : recueil périodique 1° de lois et décrets, avec commentaires ; 2° de jugements, arrêts, solutions, décisions, etc. ; 3° et de formules d'actes notariés : faisant suite au Traité-pratique et formulaire général du notariat / par A. Defrénois

1877 (T2,N1073)- (T2,N2171).

Répertoire périodique de l'enregistrement : recueil de toutes les décisions administratives et judiciaires sur l'enregistrement et le timbre, comparées avec le droit civil...

1881 (T28).