bluuebunny/crossref_metadata_2025 huggingface dataset:
Seeking the American Dream Along the United States – Mexico Border
Authors: Morales Maria Cristina , Mendoza Juan
Published: July 2018

Largely missing from public policy discussions on education and border crossing at the U.S. Mexico border are the experiences of transnational students. In this article, we illustrate some of the struggles of transnational students crossing from Ciudad Juárez, Chihuahua, México to El Paso, Texas, U.S.A. in pursue of an American education. These students are in K-12 and higher education and their daily commute (or almost daily) entail a start time before sunrise to cross the international port of entry to attend American schools. The majority of these students are U.S. citizens that reside on the Mexican side of the border. In this paper, we provide a glimpse into these students struggles for a U.S. education and discuss some political implications of this phenomena.
Engaging Latino Patients in Diabetes Research: What We Are Learning
Authors: Page-Reeves Janet , Regino Lidia , Tellez Maria , Pedigo Blanca , Perez Esperanza
Published: July 2018

Through a collaborative partnership between Latino diabetes patients, community stakeholders, and researchers, we developed insights into patient-engaged research. Here, we share what we have learned about a patient-engaged research process in relation to the experience of our Patient Advisors and to the research itself. To develop this manuscript, we engaged in ex post facto critical analysis of our collaborative experience. We include our own musings with input and insights from our Patient Advisors. We learned how our Patient Advisors experience and participate in research, and we revealed dimensions of the research process. Our patient-engaged research with this population is supported by funding for stipends and food, acknowledging patient perspectives and experience, attention to communication issues, strong listening skills, relationship-building, and spending time creating an integrated group dynamic. Using this approach, patient ideas and concerns can be successfully incorporated into research design.
“Let the Horse Run”: Assessing the Potentiality, Challenges, and Future Sustainability of CHWS in Indiana
Authors: Logan Ryan I.
Published: July 2018

The use of community health workers (CHWs) as distinct members of the health care workforce has waxed and waned throughout the last fifty years in the United States. As medical laypersons that are often members of the communities they work within, CHWs are poised to create significant health impacts through their primary roles as health educators, advocates, and by serving as a bridge to the biomedical realm for marginalized communities. While several states have well-established CHW programs, many have not integrated CHWs into their workforce. This article outlines several applied findings from a dissertation project in Indiana, a state on the cusp of introducing legislation and CHW development to further implement this position into the health care workforce. The applied findings discussed in this article include the potentialities, challenges, and future sustainability of CHWs following eleven months of fieldwork and fifty semi-structured interviews.
OIL & GAS INDUSTRY IN BRAZIL: A BRIEF HISTORY AND LEGAL FRAMEWORK
Authors: Almada Laís Palazzo , Parente Virgínia
Published: July 2018

The recently announced discovery of potential large-scale reserves in the Brazilian so called pre-salt layer has resulted in a new legal framework for the country. In this new architecture, old and new regulation share the legal arena. Exploring this context, this paper provides an overview of the emergence and evolution of the oil and gas market in Brazil, and discusses the new legal configuration where the prevailing Concession System co-exists with the Production Sharing System and the Onerous Assignment. The conclusion pinpoints the challenges that the country faces in dealing with two energy sources –oil and gas— that will play an increasing role in Brazil’s future. It also indicates that the introduction of competition also has brought new features and improvements to oil and gas industry in Brazil. Structuring a robust legal framework that will foster the necessary investments is not only a challenge for the Brazilian economy, but also one that has to be tackled by many emergent economies with newly hydrocarbon discoveries.
THE “SHAKESPEAREAN ROSE” BLOSSOMS DOWN THE EQUATOR: REFLECTIONS UPON THE IMPACT OF BRAZILIAN SUPREME COURT’S DECISION RECOGNIZING THE CONSTITUTIONALITY OF SAME-SEX CIVIL UNIONS
Authors: Almeida Bruno Rodrigues de
Published: July 2018

In May 5th 2011, Brazilian Supreme Court (Supremo Tribunal Federal) decided unanimously that Brazilian Constitution allows civil unions between two people regardless their gender, thus admitting same-sex partnerships as a legitimate type of family entity entitled to special protection provided by article 226 of current Brazilian Political Charter. However, the repercussions of such decision have yet to be fully realized, particularly because of paragraph 3 of the same article, which explicitly determines that the law shall facilitate the conversion of a civil union into marriage. Hence, the discussion about same-sex civil marriage has regained its momentum in Brazilian legal scenario, whether in legislative or judiciary arenas. This article means to demonstrate how the Brazilian Supreme Court has already created a legal substrate towards isonomic treatment for both different-sex and same-sex civil unions, which would make it quite illogical to admit hierarchical rankings between them.
THE CISG AND PARTY AUTONOMY IN BRAZILIAN INTERNATIONAL CONTRACT LAW
Authors: Vieira Iacyr De Aguilar
Published: July 2018

This paper focus on the principle of party autonomy in the choice of the law applicable to international contracts under CISG and Brazilian law. It analyses the different possibilities of application of this principle as well as its limits under both legal systems.
LE DROIT PRIVE BRESILIEN : STRUCTURE, PRINCIPES CARDINAUX ET VOIES JURIDICTIONNELLES D’APPLICATION
Authors: Cerqueira Gustavo Vieira da Costa
Published: July 2018

Cette étude vise à présenter le cadre général du droit privé brésilien, privilégiant les droits des obligations et des contrats. Aussi, des incursions dans d’autres domaines, tels que le droit des biens et celui de la famille, permettront d’illustrer également certains de nos développements. L’approche retenue s’inscrit dans un courant qui considère que l’essentiel d’un droit se trouve dans les cadres stables au sein desquels les règles de droit évoluent. C’est pourquoi, sans négliger ces dernières, nous nous intéresserons à cette superstructure. Dans cette perspective, nous vérifierons la manière dont le droit privé brésilien est structuré et mettrons en relief ses principes cardinaux ainsi que les voies juridictionnelles permettant sa mise en œuvre. La réalisation de cette étude est fondée sur la conviction de l’importance des éléments de droit positif jugés fondamentaux pour la compréhension de la structure et du fonctionnement des ordres juridiques susceptibles d’être mis en comparaison. La connaissance de tels éléments permet au comparatiste d’avancer avec moins de risque sur le terrain toujours mouvant qu’est le système juridique d’autrui.
ZUSTÄNDIGKEIT DER GLIEDSTAATEN IN FÖDERALEN SYSTEMEN FÜR DEN ABSCHLUSS VÖLKERRECHTLICHER VERTRÄGE: BRASILIEN UND DEUTSCHLAND IM VERGLEICH
Authors: Ceia Eleonora Mesquita
Published: July 2018

Die Verteilung der Außenkompetenzen zwischen Gliedstaaten und Bund stellt eine wesentliche verfassungsrechtliche Frage in fast allen föderalen Systemen. Der Umfang der beschränkten Vertragsschlusskompetenz von Gliedstaaten ist international unterschiedlich. Die meisten Bundesstaaten haben sich für eine umfassende Bundeskompetenz entschieden. Andere schließen die Gliedstaaten völlig vom völkerrechtlichen Verkehr nicht aus. Ziel dieser Arbeit ist es, die Vertragsschlusskompetenz der Gliedstaaten in Brasilien und in Deutschland zu untersuchen. Bei der Verteilung der auswärtigen Kompetenzen zwischen Bund und Gliedstaaten haben diese Staaten unterschiedliche Wege gewählt. Während in Brasilien die Union die alleinige Zuständigkeit im Bereich der Außenbeziehungen hat, genießen die deutschen Bundesländer eine beschränkte Vertragsfähigkeit. Der Zweck ist nicht festzustellen, welches System das Beste ist, sondern aus den Erfahrungen dieser Länder ihre Lösungen für den Konflikt zwischen einheitliche Repräsentation des Staates und Handlungsfreiheit der Gliedstaate auf internationale Ebene wie auch deren Auswirkungen auf die Außenpolitik des Gesamtstaates aufzuzeigen.
DAS SYSTEM DER RECHTSMITTEL IN DER BRASILIANISCHEN ZIVILPROZESSORDNUNG
Authors: Novaes Domingos , Emmerich David
Published: July 2018

Zusammenfassung: Dieser Artikel soll einen Einblick in das System der Rechtsmittel in Brasilien geben. Zu diesem Zweck konzentriert sich der Artikel auf die gemeinsame Struktur und die Terminologie der einzelnen Rechtsmittel und hebt das Verhältnis der Rechtsmittel zueinander sowie die jeweiligen Besonderheiten hervor. Der Artikel beginnt zum besseren Verständnis mit einem kurzen Überblick über den Gerichtsaufbau in Brasilien, bevor die einzelnen Rechtsmittel detailliert und systematisch erläutert werden.
THE COLLECTIVE ACTIONS HELD HOSTAGE BY THE AUTHORITARISM
Authors: Grinover Ada Pellegrini
Published: July 2018

The judicial protection of  collective interests represents, at the end of the millennium, one of the most impressive conquests of the Brazilian legal system. The transindividual interests which are particular to mass society are full of political relevance and, to that extent, are capable of transforming stratified judicial concepts. The recognition of these interests and the need to protect them have highlighted their political configuration in Brazil. In this way, the theory of public liberty forged a new “generation” of fundamental rights. In the same way, one can note that, at the constitutional level, the concepts of jurisdiction and litigation were renewed, while some fundamental guarantees were reformed. The most notable revolution, however, might have taken place in the procedural sphere, departing from an individual process model toward a social process model In Brazil, the Judiciary power has also taken advantage of class action lawsuits in terms of rationalization and work projection. The social objective of the judicial function was lost in view of the fragmentation and the pulverization of conflicts, always regarded as individual. There is a notable tendency to replace atomized decisions with a molecular treatment of litigation. Nevertheless, the Executive power has revealed itself to be inattentive to the reality of collective action and has tried to reduce its effectiveness, limiting access to courts, compressing the associative moment, and diminishing the role of the Judiciary. In this perspective, many years after the introduction of judicial protection for collective and diffuse interests in Brazil, the balance would have been positive, had the government not adopted an authoritarian line when applying legal treatment to the matter. It is possible to affirm that collective actions are a part of the current legal routine, despite the attacks which they suffer. The Judiciary power is significantly implanted in this context, it is conscious of its new role and of its renewed importance, and by way of its sentences, it was capable of occupying a position of leadership which points toward future challenges. The only note that rings false in this context is the attitude of the government with relation to the use of Provisional Measures to reverse such a situation, attacking collective actions and trying to diminish their efficiency in order to limit the access to Justice, to frustrate the associative moment and to make the Judiciary seem less important. The Legislative power, complacent or inattentive, has not been able to resist the attacks and to react to the attitudes of the government.
CAMPAIGN FINANCE IN COMPARATIVE PERSPECTIVE: A NESTED ANALYSIS APPROACH
Authors: Paranhos Ranulfo , Filho Dalson , Rocha Enivaldo , Alexandre Júnior José
Published: July 2018

This paper analyzes campaign finance in a comparative perspective, giving special attention to Brazil and the Unites States. The focus regards the level of regulation on the sources of campaign contributions. Methodologically, the research design adopts a nested approach, combining descriptive and multivariate statistics with deep case studies and documental analysis. Additionally, we replicate data from the Institute for Democracy and Electoral Assistance (IDEA) to estimate a standardized measure of regulation. The results suggest that most countries show low levels of control over the sources of campaign contributions. However, both Brazil and the United States display high levels of regulation on campaign finance, despite their widely different institutional designs.
MORAL, POLITICS AND METHOD: THE INFLUENCE OF RONALD DWORKIN´S PHILOSOPHY ON THE BRAZILIAN SUPREME COURT
Authors: Del Monaco Luciano , López Nuria
Published: July 2018

This article analyses the use of Ronald Dworkin’s philosophy by the Brazilian Supreme Court. After the Constitution of 1988, the Supreme Court gained a new and broader role in Brazilian political scene. At this time, the work of Ronald Dworkin (and its Brazilian editions) became popular and served as justification for four of the most important cases on the Supreme Court: the fidelity of Congresist’s members on their Political Party; the permission of embryonic stem cells research; the unconstitutionality of press regulation; and the homosexual civil union. Dworkin’s philosophy is a part of the changing-role of the Supreme Court in Brazil. This article offers a demonstration of the use of this philosopher in this in-progress process.
LE ROLE DU BRESIL DANS LA FORMATION ET L’INSTITUTION DU MARCHE COMMUN DU SUD – MERCOSUR
Authors: Kallas Fernanda Marcos
Published: July 2018

La mise en place de l’union intégrationniste en Amérique Latine remonte aux années 1950, sous l’égide du fort partenariat Argentino-Brésilien pour faire face aux dangers de la globalisation. Dans cet article, nous procèdons à démontrer le role joué par Brésil à fin de créer cette integration colossal enommé: MERCOSUR.
MAJOR TRANSFORMATIONS IN CONTEMPORARY LAW AND THE TEACHINGS OF ROBERT ALEXY
Authors: Barroso Luís Roberto
Published: July 2018

The text examines the three major changes of paradigm in contemporary law, seen in parallel to Robert Alexy’s teachings. The author initially presents the phenomena of (i) the overcoming of legal formalism; (ii) the advent of a post-positivist legal culture; and (iii) the rise of public law and the centrality of the Constitution. The author then moves on to identify, in the work of Robert Alexy, the notion of the centrality of fundamental rights and of the Constitution, in contemporary law. The author also tackles the transformations in constitutional interpretation, focusing on (i) the recognition of the normative force of the Constitution; (ii) the expansion of constitutional jurisdiction; and (iii) the development of a new hermeneutics and of the new categories for a constitutional interpretation. Following this line, the notion of hard cases is approached against the background of ambiguity in language, reasonable moral disagreements and tensions in constitutional norms or fundamental rights. Alexy’s theory of principles is then introduced to portray how law should be operated so as to solve relevant conflicts in modern society. Finally, there is an emphasis on the counter-majoritarian and representative roles of the Supreme Federal Tribunal, as well as on Alexy’s writings about how constitutional tribunals carry out the argumentative representation of society.
IDENTITY IN LAW: THE SECOND MEDICAL USE AND THE DRUGS FOR NEGLECTED DISEASES
Authors: Feres Marcos Chein
Published: July 2018

This paper is dedicated to presenting a normative political institutional approach, which may creatively reconstruct the hermeneutics of the Brazilian Industrial Property Rights Act in the specific case of the second medical use of known substances in the matter of drugs for neglected diseases. However, the fact of having the same chemical substance, as a point of departure, might signify that the incremented drug does not fulfil the requisites of patentability according to the traditional legal deduction practised in Brazilian courts. Methodologically, the theoretical reference here applied consists of the fusion between the ideas of law as integrity, developed by Dworkin, and law as identity, complemented by Taylor’s social theory of identity and Bankowski’s proposal of living lawfully. In fact, this methodological approach proposes the reconstruction of a system of analytical concepts based on contemporary legal theory in order to legitimatise public decisions whose purpose is to foster the research and development of drugs for neglected diseases. In this context, the legal concepts of novelty, non-obviousness and industrial application listed in the Brazilian Industrial Property Rights Act are reinterpreted according to the theoretical reference of identity in law.
BUSINESS PURPOSE AS A TAX AVOIDANCE CONDITION IN CORPORATE REORGANIZATIONS
Authors: Buffon Marciano , Silva Isaías Luz da
Published: July 2018

With the approval of the general norm of tax avoidance in the national tax laws, there are several judgments of the Administrative Council of Tax Appeals – Conselho Administrativo de Recursos Fiscais (CARF), which have used a tax avoidance institute of comparative law to consider specific practices resulting from companies’ mergers, splits or amalgamation as abusive tax planning. It is known as the “business purpose doctrine”, which has been running the Counselours of the CARF to establish limits on the exercise of business activity, but still little discussed by the Brazilian doctrine. In summary, this new approach seeks to prevent that corporate transactions of this kind are carried out with the purpose of building a diverse legal reality of the factual, under the cover of legal formalism. The legality in corporate reorganizations focusing on the business purpose theory has been subject of compliance with three basic requirements: the temporality of business, the interdependence of the parties and the normality of the operation. In spite of the controversies regarding the legitimacy of the institute, it is noted that adopting a business purpose test seems plausible, once the institute is identified with the cause of the legal business.
THE APPLICATION OF THE HAGUE CONVENTION ON PROTECTION OF CHILDREN AND CO-OPERATION IN RESPECT OF INTERCOUNTRY ADOPTION OF 1993 IN BRAZIL
Authors: Pereira Marcos Vinicius Torres , Gonçalves Lara Oliveira
Published: July 2018

This article talks about the application of the Hague Convention on Protection of Children and Co-Operation in Respect of Intercountry Adoption of 1993 in Brazil. Due to socio-economical circumstances, there are many orphans and abandoned children in Brazil that need care, love and attention. Providing these children a new family would give them a chance to build-up a new life in respect to their best interest. This work analyzes Brazilian domestic rules on international adoption, as well as the application of the Convention in Brazil. It criticizes how the Convention is applied in Brazil and the country´s role on the international net of international adoption.
THE STATUTE OF THE CITY AND THE MASTER PLAN: INSTRUMENTS FOR SUSTAINABLE CITIES
Authors: Garcez Gabriela Soldano , Carmello Mariana Vicente Braga
Published: July 2018

The Master Plan is an important instrument to promote significant changes in Brazilian cities in order to achieve a sustainable development and create a new relationship between man and the environment. As far as this planning is concerned, the Master Plan is a basic tool to stablish guidelines to meet citizens necessities, as well as quality of life and social-economic development. For this purpose, citizens supervision and participation in local activities are necessary, so that Constitutional principles and democracy are accomplished. Civil society should be part of the decision-making process concerning enviromental public policies, as well as integrate elaboration, and supervision of these policies, taking into consideration that the public authorities, as well as the society, have to protect and defend the environment for the future generations (article 225, of the Federal Constitution). In this context, this task aims, firstly, evaluare the general guidelines od the Statute of the City (Law nº 10.257/01) and the importance of the Master Plans. Afterwards, adresses the participatory management as a way of implementing the sustainable cities.
SOVEREIGNTY AND THE MOTION TO IMPEACH BRAZIL’S PRESIDENT
Authors: Aieta Vania Siciliano , Lodi Ricardo
Published: July 2018

This article aims to demonstrate that public policies involving the economy follow, in their process of formulation, implementation and especially results, different paths than those for the exercise of political power.This involves a question of decisions. The decisions of public officials and even of judges are not aseptic, but instead ideological.Economic crises and political disaffections over these choices cannot serve as justifications for removing that leader, elected by popular vote, especially when the “rules of the political game”, have all been respected.When democracy is threatened by such incidents, motivated by an economic downturn, notably in supposed exceptions that in reality flaunt the constitutional and legal order, we are faced with a serious injury to sovereignty in the internal plane, perhaps even a coup d’état.This article will analyze the question of the motion to impeach Brazil’s president, demonstrating there is no legal support because she has not committed any act of malfeasance in office. And we conclude that in name of seeking more successful economic results, to serve political demands that are most of the time instigated by ideological passions, a society cannot ride roughshod over fundamental rights assured by the Constitution.
DOMESTIC LAW AND INTERNATIONAL LAW IN BRAZIL
Authors: Pereira Ana Cristina Paulo , Silva Júnior Eraldo
Published: July 2018

International law, which main sources are agreements and international conventions, is increasingly present in internal affairs in such way that it is difficult to imagine an area of national law which has not been affected in some way by standards imposed by agreements. But how and to what extent international law will be applied internally will depend on the way in which States comply with their international obligations. Therefore, it is essential to know how States bestow domestic legal effect to their agreements. The theoretical question about the relationship between domestic law and international law is usually presented on the basis of dualistic (or pluralistic) and monistic theories, that can not, however, comprehensively cover all aspects of this relationship. The Constitution of the Federative Republic of Brazil recognizes, yet indirectly, international agreements as part of domestic law, but left important aspects related to its application without answers. Thus, the Brazilian judiciary has faced critical issues relating to the impact of agreements in domestic law, particularly regarding its duration, effects and hierarchical position. Despite the Brazilian judicial performance, legal uncertainties regarding the matter persist, which will be exposed in this article.
LA SOCIETÀ COOPERATIVA BRASILIANA
Authors: Araujo Danilo Borges dos Santos Gomes de
Published: July 2018

Considerando la vastità del tema e dei problemi che ne derivano, trattasi di esposizione relativamente sintetica sulla società cooperativa brasiliana, concentrandosi in particolar modo sui seguenti punti: (i) sviluppo storico-legislativo sul cooperativismo e sulla società cooperativa in Brasile; (ii) caratteri principali dello schema giuridico-organizzativo della società cooperativa brasiliana; e (iii) numeri e dati statistici ed economici complessivi sulla attività economica svolta tramite le cooperative in Brasile e sulla diffusione (costituzione), in Brasile, di quel tipo societario chiamato “sociedade cooperativa”. Il testo quindi si concentra esclusivamente sulla società cooperativa brasiliana, assente qualsiasi tentativo di confronto diretto con la disciplina della società cooperativa italiana, anche se gli esperti in materia possono indirettamente cogliere i contrasti tra l’uno e l’altro ordinamento giuridico, trovando somiglianze e differenze tra i rispettivi schemi legali della cooperativa.
LATIN AMERICAN AND BRAZILIAN CONSTITUTIONALISM: THE RIGHTS OF THE TRADITIONAL PEOPLES
Authors: Falcão Monique , Falbo Ricardo
Published: July 2018

This article presents the XXI’s constitutionalism as the doctrine of the constitutional law hich supposes to be a theoretical framework able to assure the interpretation of the political and social processes from which political constitutions emerge. Thus, the 88’s Brazilian Constitution proceeded to the recognition of the fundamental rights and norms regarding theprotection of minority rights. The purpose of this work is to investigate if this supposed innovative characteristic of the 88’s Brazilian Constitution is able or not to set historicalconstitutionalism as the continuity or maintenance of the conservative processes of the politicaland social status quo in the country. This article intends to discuss the nature of constitutional changes and the impacts of these changes on the development of constitutionalism in Brazil by analyzing the extent to which political, social, and cultural latin-american processes influenced changes in Brazilian constitutionalism.
CHALLENGES FACED BY FOREIGN INVESTORS IN THE BRAZIL’S ENERGY SECTOR
Authors: Volpon Fernanda Torres , Machado Luciene
Published: July 2018

The Brazilian energy sector suffered constantly changes during the past years. The process of transformation looked for a competitive market aiming funds to develop infrastructure in Brazil. Foreign investment is necessary to develop and strengthen the energy market, but the sector still present some challenges to be faced by the foreign investors. As consequence, some questions shall be raised in connection with the real effectiveness of mechanisms imposed to foreign investment at its entrance in the Brazilian energy sector. Does the Brazilian legal framework provide legal certainty to the foreign investors interested in investing in the energy sector? The objective of this article is to provide an overview of reform made to the energy market and current hindrances to the investor’s entry in such sector.
THE CONSENT DECREES IN THE BRAZILIAN CAPITAL MARKET
Authors: Chaves Vinicius Figueiredo , Sertã Alexandre Folly Nogueira
Published: July 2018

Supported by literature research, document and data collection, an approach concerning the legal regulation of capital market is carried out, starting from the review of the regulatory instrument known as consent decree (settlement). Its first step aims at the clarification of general notions about the roles and segments of capital market, followed by the presentation of the fundamental principles regarding the disciplined set of legal dispositions. In the sequence, some features of the Brazilian regulatory body, the Brazilian Securities and Exchange Commission (CVM), are presented, such as its functions and powers, focusing on the exam of the regulatory provisions contained in the sanctioning administrative process (SAP). In accordance with Article 11, § 5 of Law no 6.385/76, the rules issued by CVM, which govern PAS both in ordinary and in summary rites, prescribe that, once the defendant is summonned, the issuing of a warning to advert about the possibility to propose a term of commitment is mandatory. The acceptance of the term and the consequent compliance to the provisions of the settlement constitute neither the confession to the facts nor the recognition of the illicit nature of investigated conduct. A total number of 405 terms were approved by the regulatory body between 2009 and 2014, which characterizes a wide use of this regulatory instrument. This present analysis concluded that, although the settleement herein presented may be recognized as an important mechanism in the context of capital market regulation, its excessive use constitutes a distortion of both its purposes and of the foundations of normative discipline of the market, and even of the set of functions assigned to CVM.
EDUCATION AS A TOOL OF THE CONSTITUTIONAL DUTY TO TACKLE HOMOPHOBIA: POTENTIALITIES AND STRUGGLES
Authors: Cardinali Daniel Carvalho
Published: July 2018

This article aims to analyze the role the school can play in the struggle against homophobia. The first part will examine homophobia, understood as an injustice in the cultural field that derives from a model of compulsory heterosexuality and male domination, which calls for politics of recognition. Then it will be analyzed in what fashion these politics of recognition are set on the Constitution of 1988, in order to conclude that it establishes an obligation of the State to adopt them. On the basis of this premise, the third part examines the privileged potential that school assumes in this scenario, addressing the central role it plays in the production of homophobia and the role it may play in its unmaking. Finally, the debates and tensions regarding the subject will be analyzed, especially those that arose of conservative and religious discourse and the formulation of the category of “gender ideology”.
ON THE BALANCING OF RIGHTS AND THE PROPORTIONALITY OF JUDICIAL DECISIONS: IS IT NOT MORE FICTION THAN REALITY?
Authors: Vedovato Luis Renato , Mastrodi Neto Josué
Published: July 2018

This is a research paper on the prevalence of interests and values of the highest social groups against the interests and values of subordinate social groups, such as migrants, even in judicial decisions of apparently individual conflicts involving only plaintiff and defendant. Individual rights, on which the modern Government was structured, tend to prevail over social rights. This prevalence is crucial even in the context of the theory of constitutional rights of Robert Alexy, who states equal importance to individual or social rights and that, because of the proportionality, there would be a chance that social rights would prevail. It is even possible to say that each collision of rights will be determined proportionally and differently, but the proportionality does not confer rationality to the discretion needed to justify the decision. The proportional decision has more to do with the chosen criterion than the conflicting rights.
GLOBAL ENERGY GOVERNANCE THROUGH INTERGOVERNMENTAL ORGANIZATIONS: ANALYSIS OF THE FEASIBILITY OF IMPLEMENTATION
Authors: Bassani Matheus Linck
Published: July 2018

This paper analyzes the current factors causing an energy crisis, including depletion of the natural resources, geopolitical tensions, energy security, search for climate stability and absence of universal access to energy. Through the deductive method, the study analyzes if investments are considered as a possible solution to promote sustainable energy. It assesses the current position of intergovernmental organizations linked in some way to the topic of energy, such as the WTO, ECT, G8, G20, IEF, IEA and OPEC, to identify whether the initiatives are being developed and the political will to do so. Some organizations are connected but with limited and insufficient focus. Funding initiatives are below of what is necessary to achieve the goals considered relevant. In the absence of a global governance of energy due to the lack of sufficient cooperation and collaboration of international actors to efficiently mitigate the energy crisis. The challenge is to alter from high to low carbon economy, and the shift from fossil fuels to renewable energy will contribute substantially to this transition. It concludes the necessity of cooperation between organizations such as IRENA and ONU’s programme Sustainable Energy for All, which have the potential to become catalysts for a new trend.
LABOR LAW, CLT AND THE 2017 BRAZILIAN LABOR REFORM
Authors: Fernandes João Renda Leal
Published: July 2018

This study seeks to present to a foreign audience a brief description of the development of the Brazilian Labor Law, up to the Labor Reform approved by Law No. 13,467/2017, which significantly altered the nature of labor relations through amendments made to the texts of the “Consolidação das Leis do Trabalho - CLT” (Consolidation of Labor Laws - CLT), of Law No. 6,019/1974 and of other labor laws. The aim of this study is to analyze the Labor Reform within the historical context, with emphasis on its material aspects especially regarding the Collective Labor Law and Labor Union Law.
DERECHO DEL MAR EN BRASIL: NUEVOS DESARROLLOS
Authors: Silva Alexandre Pereira da
Published: July 2018

El artículo hace un análisis de las nuevas acciones emprendidas por Brasil en lo referente al Derecho del Mar, especialmente sobre los cuatro programas desarrollados actualmente por el Estado brasileño. Primeramente, el trabajo presenta dos acontecimientos importantes relacionados al Derecho del Mar en Brasil: el episodio de la “Guerra de la Langosta” y la expansión del mar territorial para doscientas millas marinas. En seguida, el trabajo examina, en términos históricos, políticos y jurídicos, los cuatro programas mencionados: el proyecto “Amazonia Azul”, el Programa Archipiélago de São Pedro y São Paulo; el Programa de Investigaciones Científicas en la Isla de Trindade y el Programa de Prospección y Exploración de los Recursos Minerales de la Zona Internacional del Atlántico Sur y Ecuatorial. En la parte final, el estudio presenta algunas conclusiones.
THE INTERNATIONAL INVESTMENT AGREEMENT NOWADAYS: FROM THE CONSENT TO ITS SOCIAL FUNCTION AS A GUARANTOR OF THE INTERESTS OF CITIZENS
Authors: Gaspar Renata Alvares , Castro Felipe Soares Vivas de
Published: July 2018

At the center of a globalized world and under intense transnational financial circulation, there is the foreign investment. In this sense, investigating the realization of the social and economic functions of the Foreign Investment Agreement is an insurmountable necessity for understanding its effects on the citizenship rights. Therefore, it was discussed the rapid and multiple transformations that the International Investment Law has been supporting over time and the direct reflection on the formation of the Foreign Investment Contracts that, nowadays, require complex answers to the achievement of legal security.
PARENTAL ALIENATION WITHIN THE CONTEXT OF THE 1980 HAGUE CONVENTION ON THE CIVIL ASPECTS OF INTERNATIONAL CHILD ABDUCTION: THE BRAZILIAN PERSPECTIVE
Authors: Almeida Bruno Rodrigues de , Vidal Gisela Vieira Dalfeor
Published: July 2018

The number of cases of relocation of children and adolescents to Brazil has increased significantly in the last years. One must consider that abducting or wrongfully retaining children from the places of their habitual residence prevents them from enjoying fundamental rights such as those to historical, social and cultural identities and even the right enjoy full family life with both sides of their families. This article shows that unilateral relocation of children to Brazil (as well their wrongful retention in Brazilian territory)  in violation  of the 1980 Hague Convention on the Civil Aspects of International Child Abduction, is actually one form of Parental Alienation practiced in cross border circumstances, pursuant to Federal Law nº 12.318, from August 26, 2010 (Brazilian Parental Alienation Act). On that sense, Brazilian administrative and judicial authorities must not only engender public policies and strategies to enhance acknowledgement about rules of the Convention among Brazilian communities living abroad, they must also encourage extrajudicial agreements between interested parties to increase the rates of voluntary return of abducted or retained children. In cases brought to courts, since Parental Alienation is a form of emotional abuse of the child, magistrates must count on the opinion of interdisciplinary advisors before considering opinion of the abducted children in the ruling of the return order. In sum, the search for international cooperation with other Contracting States of the 1980 Hague Convention and the respect of the best interest of the child must be in permanent harmony.
GUN JUMPING IN BRAZILIAN ANTITRUST LAW: A CASE STUDY IN THE OIL INDUSTRY
Authors: Brandão Clarissa , Moura Aline Teodoro de
Published: July 2018

This article presents some of the main changes introduced in the Brazilian antitrust system with the publication of Law no. 12.529, 2011, which introduced important changes in the control of acts of economic concentration - mergers, acquisitions, formation of joint ventures – which now began to be performed by the competent authority prior to the act of concentration, avoiding the consummation of transactions without the consent of CADE and analyzes the concept of Gun Jumping. The legislative change imposes a challenge for the Brazilian antitrust system: to define the boundaries between a lawful process of economic concentration and a Gun Jumping practice. In particular, a study was conducted on these impacts on the national oil industry in order to evaluate the performance of CADE in the implementation of the legislation.
VÖLKERRECHT AUS BRASILIANISCHER SICHT (ODER MIT BRASILIANISCHEM AKZENT) – ZWISCHEN UNIVERSALISMUS UND REGIONALISMUS
Authors: Casella Paulo Borba
Published: July 2018

Der Artikel ist ein kurzer Bericht einer Vorlesung, die am 04. Juni 2012 an der Humboldt-Universität zu Berlin gehalten wurde.
BRIEF ANALYSIS OF COMPETITION DEFENSE IN BRAZIL
Authors: Jaeger Junior Augusto , Cravo Daniela Copetti
Published: July 2018

The primary aim of this arcticle is to analyse the Brazilian Competition Policy System (BCPS) in terms of its design, its challenges and its evolution. Furthermore, it seeks to give an overview of the large and recent modifications experienced by the antitrust institutional and normative drawing in Brazil, which will greatly contribute to the freedom of the market and the welfare of the consumers.
THE ROLE OF INTERNATIONAL LAW WITHIN NATIONAL LEGISLATION ON TOBACCO CONTROL
Authors: Vedovato Luis Renato
Published: July 2018

The present article, taking into account advances in international rights and the need for domestic implementation of Framework Convention on Tobacco Control (FCTC) standards, has the objective of analyzing the competence to bring domestic and international regulations to fruition, with the purpose of creating coordinated public policies for tobacco control. So, it is possible to argue that the FCTC, by means of its guidelines, laid down at the Conferences of the Parties (COPs) and which are binding to all members states of the convention, paves the way for international regulation. Domestically, such regulation has to observe DOP guidelines, there being leeway for organizations like Brazil’s ANVISA to bring those guidelines into action, such as the one related to FTCT articles 9 and 10, which limit the use of flavour additives in tobacco products, as a way of implementing international standards within the country. There is also no conflict between free enterprise and tobacco control given that, as stated by the Constitutional Court of Colombia in a process involving the constitutionality of restrictions to tobacco advertising, this is a market that should not be stimulated, but rather merely tolerated.
THE MARRAKESH TREATY RATIFICATION IN BRAZIL: IMMEDIATE EFFECTS
Authors: Souza Allan Rocha de , Fairbanks Alexandre De Serpa Pinto
Published: July 2018

This paper willpresent the ratification process of the Marrakesh Treaty in Brazil, its place within the legal system and the likely effects on copyright limitations. We structure the paper in two parts. First we show how the Brazilian Constitution governs the reception of human rights international treaties and conventions and expose their effects throughout the system. We follow by the presentation of the Marrakesh Treaty’s ratification process in Brazil, concentrating on the justifications and results of the legislative procedures. Finally, we consider the likely and possible effects on public policy, legal change and the judicial interpretation of the limitations. We choose to use primary official sources to present the questions for analyses. Our method of choice is inductive, since we extensively use legislative records to elaborate on the political processes and legal rationales behind it.
NUEVO CONSTITUCIONALISMO LATINOAMERICANO: EL ESTADO MODERNO EN CONTEXTOS PLURALISTAS
Authors: Oliveira Filho Gabriel Barbosa Gomes de
Published: July 2018

Las discusiones sobre el Estado moderno, fundado en la idea de que nación y país se confunden, generan una tensión permanente en las antiguas colonias europeas en América Latina. La existencia de los pueblos y las civilizaciones indígenas, con sus propias costumbres y sensibilidades legales, no se tuvo en cuenta en la construcción de los sistemas políticos y judiciales del continente. Al largo de las últimas décadas, el surgimiento de movimientos sociales que luchan por el reconocimiento del carácter plural del continente, junto con los cambios constitucionales profundos convencionalmente llamado «nuevo constitucionalismo latinoamericano», hace que estas encrucijadas del Estado Clásico sean de suma importancia a los juristas del Sur.
THE EFFICACY OF THE DECISIONS OF THE SUPREME FEDERAL COURT IN CONSTITUTIONAL REVIEW
Authors: Lisowski Telma Rocha , Viana Filho Francisco Paulo José
Published: July 2018

In the current constitutionality control system prevailing in Brazil, decisions rendered incidentally to the verdict in a concrete case, which any court has competence to issue, coexist with a direct judgment, these being an exclusive attribution of the Supreme Federal Court. This Court, exercising its role as a guarantor of the Constitution, as defined by the very Magna Carta, represents not only a collegiate court inside the Judiciary structure, but also a true Constitutional Court. The objective of this paper is to analyze the effectiveness of the (un)constitutionality decisions rendered by the Supreme Federal Court, trying to establish, in principle, the differences between those which originate from direct constitutional control from the ones which originate from incidental control, while analyzing primarily the legislative and jurisprudential changes that indicate a tendency of convergence between both.
Investigate the Relationship between Spiritual Intelligence and Emotional Intelligence with Resilience in Undergraduate (BA) Students
Authors: Sogolitappeh Fatemeh Nemati , Hedayat Amjad , Arjmand Mehrdad Rezaee , Khaledian Mohamad
Published: July 2018

The purpose of the present study is to investigate the relationship between spiritual intelligence and emotional intelligence with resilience in undergraduate (BA) students. The population of the study included all students of Payam Noor University in Ghorveh during 2016-2017 academic years. According to the principles of statistical methodology for correlational studies, 100 students from different disciplines were selected as sample of the study using simple random sampling method. In this research, King's Spiritual Intelligence Questionnaire, Bar-Ann 90-questions Emotional Intelligence Questionnaire, and Conner and Davison resilience questionnaire were used. Descriptive statistics (mean and standard deviation) and inferential statistics (Pearson correlation coefficient and multiple regressions) were used to analyze the data. The results of this study showed that there is a significant positive correlation between spiritual intelligence and emotional intelligence and resilience. Regression coefficients showed that spiritual intelligence and emotional intelligence predict 53.9% of the variation in resiliency.
Investigating Factors Affecting Students' Self-Actualization At University Spaces
Authors: ALAGHMAND Sepideh , MOZAFFAR Farhang , HOSSEINI Seyyed Bagher , SEDGHPOUR Bahram Saleh
Published: July 2018

Self-actualization is a high level of human requirement and as an existing need, which is the tendency of an individual to grow and realize available potentials. In the present crossover study, we aimed to identify the factors affecting self-actualization of students at spaces of universities.The method which used in this research was a qualitative research method, including documentary and Delphi method in two rounds. The results showed four factors affecting students' self-actualization at university spaces: 1. 1- Understanding one’s own nature: Understanding one’s own nature and finding concealed and potential talents. 2- Individual evolution. 3-Understanding facts and truths: Understanding the facts and truths, learning science and virtue, seeking rightness, seeking justice, freedom. 4- Seeking beauty: Pay attention to the beauty which is liked by the human. Also conceptual strategies to reach these factors were extracted. In summary, we obtained the model. The model has showed the four factors affecting students' self-actualization at university spaces. Four factors affecting students' self-actualization at university spaces, it consists of four factors: Understanding one’s own nature, finding concealed and potential talents; Individual evolution; Understanding facts and truths: Understanding the facts and truths, learning science and virtue, seeking rightness, seeking justice, freedom; Seeking beauty: Pay attention to the beauty which is liked by the human. Also conceptual strategies consist of: Freedom of choice, Access to facilities and opportunities for growth, Control, Creating a context for going from outward to inward, Persuading to think and creating the context of thinking away from chaos, Comfort and psychological safety and create a context to connect with nature.
Investigating The Personality Traits of Gifted Adolescents
Authors: KALASHI Zohreh Dadkhah , SHOKRZADEH Shohreh , KAMKARI Kambize
Published: July 2018

Gifted issues are among cases that throughout history have been considered by different scholars. The statistical population of this study includes all adolescents of gifted girls of 14 to 18 year’s old who study in gifted schools in the academic year 2016-2017 in Tehran. According to the type of research and the statistical population, a convenience targeted sampling method was used for this research. The sample consisted of 120 people. In this research, for the evaluation of personality traits, the Minnesota Multiphasic Personality Inventory-Adolescent (MMPI –ARF) which has been validated and standardized by Kamkari and Shokrzadeh was used. In order to analyze the data, one-sample t-test was used with SPSS software. The results showed that according to the results and with emphasis on the amount of t obtained, there was a significant difference at the level of α = 0.01 between the theoretical mean with the empirical mean in scales; thought deficit and behavioral deficit, "clinical" scales, "Physical / cognitive and internalization" scales, with the exception of illness scales, gastrointestinal complaints, headache complaints, helplessness, disappointment and body image disturbance, "extraversion, interpersonal and interests" scales, and the scale of irresponsibility of gifted adolescents.