Responsabilidade civil do consumidor pessoa física superendividado no direito brasileiro

Este trabalho tem a missão de analisar a Responsabilidade Civil do consumidor – pessoa física – superendividado no Direito Brasileiro, e está dividido em quatro capítulos. O primeiro capítulo ressalta as noções básicas para a análise do conceito de superendividamento da pessoa física e como os sistemas dos diversos regimes jurídicos de outros países tratam o tema. Mostra , ainda, a forma de prestigiar a dignidade do devedor e o direito de satisfação ao crédito dos credores, ambos integrantes de uma relação horizontal de eficácia de direitos fundamentais. O capítulo 2 aborda a evolução do tema no Poder Legislativo Brasileiro, bem como as propostas de órgãos de defesa do consumidor e sugestões verificadas no estudo metodológico como alternativa para amenizar a problemática no Brasil. No terceiro capítulo, há um estudo que demonstra a distinção de situações possíveis do regime geral da Responsabilidade Civil do superendividado pessoa física ativo e passivo em comparação com o fornecedor que atue com boas ou más condutas em face do endividamento da pessoa física. O capítulo 4 tratou de apresentar, como proposta principal, os métodos de julgamentos do tema Responsabilidade Civil do consumidor superendividado na perspectiva do Poder Judiciário Brasileiro, com destaque o endividamento do produtor rural pessoa física. O estudo do tema é uma proposta inovadora no direito consumerista brasileiro. Tem por objetivo aperfeiçoar boas práticas comerciais no mercado de consumo no Brasil, pois o consumo voraz frente à produção desenfreada de produtos e um mercado publicitário agressivo deve existir em coerência e razoabilidade com uma propensa relação jurídica eficaz em que consumidor e fornecedor são atores que objetivam sempre o equilíbrio contratual, em preservação ao sinalagma genético do contrato de consumo.

Tunisia. Supervising Tunisian Elections by civil society: How to improve it? Arab Citizenship Review No. 7. January 2015

Introduction. On October 26, 2014, Tunisia held its second democratic legislative elections. Participation among more than 5 million registered voters was at about 60%, a relatively good turnout for the country, compared to the 52% voters in 2011. Preliminary results for the 33 constituencies (27 within the country and 6 for expatriates) reveal that secular frontrunner Nidaa Tounes (Call of Tunisia) won around 37% percent of votes while moderate Islamist party Ennahdha, winner of the 2011 elections and leader of Tunisia’s post-revolution government, received 27% of votes. Other parties with notable percentages are the Free Patriotic Union (French: UPL) with 4.4% and the leftist party, Popular Front, with 3.7%. Legislative were immediately followed by two round presidential elections the first one held on November 23, the second one after one month. Conversely to what was expected, people were more attracted by presidential elections even though president has notably less prerogatives than the parliament: representing the state, he is mainly responsible for determining the general state policies in the domains of defense, foreign relations and national security (article 76.) This paradox is ascribed to national imaginary more confident in a “Zaïm” (leader) rather than a collective institution such as a parliament. The turnout was at about 64% within the national 27 constituencies. Out of 70 candidates (including 5 female), 27 (with only one female) met the legal requirements to run for the presidency. The result confirms the legislative trend and Beji Caid Essebsi, leader of Nidaa, was proclaimed the third President of Tunisia. He gained 39.46% of the votes at the first round elections. Essebsi was followed by Moncef Marzouki who received an unexpected score (33.43%) at the first round, thanks to the support of Ennahdha audience and to an active and insistent campaign focused on the idea that revolution is threatened by old regime guard “come-back.” Rewarded for his long militant live, the extreme leftist Hamma Hammami in a new look gained 7,8% of the votes while the new comer Slim Riahi received 5,5% despite rumors circulating on his personal reputation. Notably, Kalthoum Kennou gained 0,55% (18.287 votes) but listed eleventh out of 27.

Replies from executive departments and Federal agencies to inquiry regarding use of advisory committees (January 1, 1953-January 1, 1956).

Errata slip inserted in pt. 1.

Handbook for radiological defense education.

Mode of access: Internet.

Federal pay : special rates : effect on recruitment and retention for selected clerical occupations : report to designated congressional committees /

"B-236949"--p. 1.

DOD acquisition : fiscal year 1993 waivers to acquisition workforce requirements : report to Congressional Committees /

"B-247174"--P.1.

Acquisition management : waivers to acquisition work force training, education, and experience requirements : report to Congressional committees /

"GAO/NSIAD-93-128."

Predicting jurors' decisions: The effects of repeated expression and forewarning in civil voir dire

To help lawyers uncover jurors' attitudes and predict verdict, litigation experts recommend that attorneys encourage jurors to repeatedly express their attitudes during voir dire. While social cognitive literature has established that repeated expression of attitudes increases accessibility and behavior predictability, the persuasive twist on the method exercised in trials deserves empirical investigation. Only one study has examined the use of repeated expression within a legal context with the results finding that the tactic increased accessibility, but did not influence the attitude verdict relationship. This dissertation reexamines the ability of civil attitudes to predict verdict in a civil trial and investigates the use of repeated expression as a persuasive tactic utilized by both parties (Plaintiff and Defense) within a civil voir dire in an attempt to increase attitudinal strength, via accessibility, and change attitudes to better predict verdict. This project also explores potential moderators, repetition by the opposing party and the use of a forewarning, to determine their ability to counter the effects of repeated expression on attitudes and verdict.^ This dissertation project asked subjects to take on the role of jurors in a civil case. During the voir dire questioning session, the number of times the participants were solicited to express their attitudes towards litigation crisis by both parties was manipulated (one vs. five). Also manipulated was the inclusion of a forewarning statement from the plaintiff, within which mock jurors were cautioned about the repeated tactics that the defense may use to influence their attitudes. Subsequently, participants engaged in a response latency task which measured the accessibility of their attitudes towards various case-related issues. After reading a vignette of a fictitious personal injury case, participants rendered verdict decisions and responded to an attitude evaluation scale. Exploratory factor analyses, Probit regressions, and path analyses were used to analyze the data. Results indicated that the act of repeated expression influenced both the accessibility and value of litigation crisis attitudes thus increasing the attitude-verdict relationship, but only when only one party engaged in it. Furthermore, the forewarning manipulation did moderate the effect of repeated expression on attitude change and verdict, supporting our hypothesis.^

The civil war of ideas: Ayn Rand, intellectual freedom, and the regulation of thought in the Soviet Union and United States, 1905-1943

The philosopher and novelist Ayn Rand (1905–1982) is an icon of American culture. That culture misunderstands her, however. It perceives her solely as a pure market conservative. In the first forty years of her life, Rand's individualism was intellectual and served as a defense for the free trade of ideas. It originated in the Russian Revolution. In 1926, when Rand left the Soviet Union, she developed her individualism into an American philosophy. Her ideas of the individual in society belonged to a debate where intellectuals intended to abolish the State and free man and woman from its intellectual snares. To present Rand as a freethinker allows me to examine her anticommunism as a reaction against Leninism and to consider the relation of her ideas to Marxism. This approach stresses that Rand, as Marx, opposed the State and argued for the historical importance of a capitalist revolution. For Rand the latter, however, depended on an entrepreneurial class that rejected Protestantism as ideology – which she contended threatened its interests because Christianity had lost its historical significance. This exposes the nature of Rand's intellectual individualism in American society, where the majority on the entire political spectrum still identified with the teachings of Christ. It also reveals the dynamics of her anticommunism. From 1926 to 1943, Rand remodeled American individualism and as she did so, she determined her opposition first to the New Deal liberals and second business conservatives. To these ends, Marxism and Protestantism served Rand's individualism and made her an American icon of the twentieth century.

Political strategy, leadership, and policy entrepreneurship in Japanese defense policy and politics: A comparison of three prime ministerships

Since the end of the Cold War, Japan's defense policy and politics has gone through significant changes. Throughout the post cold war period, US-Japan alliance managers, politicians with differing visions and preferences, scholars, think tanks, and the actions of foreign governments have all played significant roles in influencing these changes. Along with these actors, the Japanese prime minister has played an important, if sometimes subtle, role in the realm of defense policy and politics. Japanese prime ministers, though significantly weaker than many heads of state, nevertheless play an important role in policy by empowering different actors (bureaucratic actors, independent commissions, or civil actors), through personal diplomacy, through agenda-setting, and through symbolic acts of state. The power of the prime minister to influence policy processes, however, has frequently varied by prime minister. My dissertation investigates how different political strategies and entrepreneurial insights by the prime minister have influenced defense policy and politics since the end of the Cold War. In addition, it seeks to explain how the quality of political strategy and entrepreneurial insight employed by different prime ministers was important in the success of different approaches to defense. My dissertation employs a comparative case study approach to examine how different prime ministerial strategies have mattered in the realm of Japanese defense policy and politics. Three prime ministers have been chosen: Prime Minister Hashimoto Ryutaro (1996-1998); Prime Minister Koizumi Junichiro (2001-2006); and Prime Minister Hatoyama Yukio (2009-2010). These prime ministers have been chosen to provide maximum contrast on issues of policy preference, cabinet management, choice of partners, and overall strategy. As my dissertation finds, the quality of political strategy has been an important aspect of Japan's defense transformation. Successful strategies have frequently used the knowledge and accumulated personal networks of bureaucrats, supplemented bureaucratic initiatives with top-down personal diplomacy, and used a revitalized US-Japan strategic relationship as a political resource for a stronger prime ministership. Though alternative approaches, such as those that have looked to displace the influence of bureaucrats and the US in defense policy, have been less successful, this dissertation also finds theoretical evidence that alternatives may exist.

South American Defense Council: What it Means for Regional Security?

The South American Defense Council (CSD), created in March 2009 as a military coordinating body of the Union of South American Nations (UNASUR) demonstrates a growing trend among Latin American countries to approach matters of regional security independent of the United States. The CSD also indicates a maturation of democratic civil military relations in a region once dominated by authoritarian military regimes. The CSD aims to facilitate the exchange of information about regional defense policies, promote collaboration for disaster relief, and promote civil-military engagement. In less than a year it is hardly a tested entity, but the presence of 12 South American states coming together around security policy marks an important moment in the evolution of civil-military relations in the region. Brazil has taken on an important leadership role in the CSD, acting as a leader in recent regional peacekeeping efforts. As a geopolitical move, Brazil also sees a benefit in promoting good relationships with all countries of South america, given its common border with nine of them. Although the United States is not a member of the CSD, the organization's agenda of infromation exchange of defense policies, military cooperation, and capacity building, including disaster assistance and preparedness provide opportunities for greater collaboration. The CSD is not part of the Inter-American System created after the Second World War. It is unclear how its work will coincide with the OAS Committee on Hemispheric Security or its Secretariat for Multidimensional Security. The U.S. should view the CSD as a mechanism to promote joint initiatives that encourage democratic governance in the region.

Organizações da sociedade civil na internet : implicações na participação em campanhas ambientais

Dissertação (mestrado)—Universidade de Brasília, Centro de Desenvolvimento Sustentável, Programa de Pós-Graduação em Desenvolvimento Sustentável, 2015.

Political Strategy, Leadership, and Policy Entrepreneurship in Japanese Defense Policy and Politics: A Comparison of Three Prime Ministerships

Since the end of the Cold War, Japan’s defense policy and politics has gone through significant changes. Throughout the post cold war period, US-Japan alliance managers, politicians with differing visions and preferences, scholars, think tanks, and the actions of foreign governments have all played significant roles in influencing these changes. Along with these actors, the Japanese prime minister has played an important, if sometimes subtle, role in the realm of defense policy and politics. Japanese prime ministers, though significantly weaker than many heads of state, nevertheless play an important role in policy by empowering different actors (bureaucratic actors, independent commissions, or civil actors), through personal diplomacy, through agenda-setting, and through symbolic acts of state. The power of the prime minister to influence policy processes, however, has frequently varied by prime minister. My dissertation investigates how different political strategies and entrepreneurial insights by the prime minister have influenced defense policy and politics since the end of the Cold War. In addition, it seeks to explain how the quality of political strategy and entrepreneurial insight employed by different prime ministers was important in the success of different approaches to defense. My dissertation employs a comparative case study approach to examine how different prime ministerial strategies have mattered in the realm of Japanese defense policy and politics. Three prime ministers have been chosen: Prime Minister Hashimoto Ryutaro (1996-1998); Prime Minister Koizumi Junichiro (2001-2006); and Prime Minister Hatoyama Yukio (2009-2010). These prime ministers have been chosen to provide maximum contrast on issues of policy preference, cabinet management, choice of partners, and overall strategy. As my dissertation finds, the quality of political strategy has been an important aspect of Japan’s defense transformation. Successful strategies have frequently used the knowledge and accumulated personal networks of bureaucrats, supplemented bureaucratic initiatives with top-down personal diplomacy, and used a revitalized US-Japan strategic relationship as a political resource for a stronger prime ministership. Though alternative approaches, such as those that have looked to displace the influence of bureaucrats and the US in defense policy, have been less successful, this dissertation also finds theoretical evidence that alternatives may exist.