scholarly journals Na autorytarnym kursie

Politeja ◽  
2021 ◽  
Vol 18 (6(75)) ◽  
pp. 199-217
Author(s):  
Konrad Kołodziejski

An Authoritarian Course: The Restriction of Civil Rights in Russia after 2012 This article regards the issue of Russian civil rights legislation, which has become very repressive after 2012. It focuses on legal restriction of all political and social activities that are beyond the control of the authorities, in particular the freedom of public meetings. Another goal of the Kremlin's repressive policy is the Internet, which has become the only space for freedom of speech in Russia. The new legislation tries to prevent this by two mechanisms: censorship and self-censorship. The consistent restriction of freedom of speech in Russia proves the growing anxiety of the ruling group, which fears that in the conditions of the deteriorating economic situation, it may lose control over public mood. The analysis of the legislation against civil rights in Russia shows that in recent years the scope of these rights has been constantly reduced. This leads to the conclusion that the main goal of the discussed changes in the law is the complete elimination of independent civic activity perceived as one of the main threats to the authorities.

2015 ◽  
Vol 15 (1) ◽  
Author(s):  
Marcelo Doval Mendes

O artigo objetiva analisar a Lei n� 12.965/2014, que disciplinou o uso da Internet no Brasil. Com base na interpreta��o de seus dispositivos, na revis�o da literatura e na observa��o da jurisprud�ncia, o estudo centra-se em tr�s aspectos do denominado marco civil da Internet: os direitos garantidos, os deveres institu�dos e os programas almejados. Quanto aos direitos, o foco est� nos usu�rios, tra�ando um panorama geral e abordando especificamente as d�vidas quanto � inviolabilidade das comunica��es via Internet face �s disposi��es constitucionais pertinentes. Quanto aos deveres, os objetos s�o a manuten��o dos registros pelos servidores e sua responsabiliza��o civil, estabelecendo-se compara��o com o quadro jurisprudencial anterior ao diploma legal. Finalmente, quanto aos programas, o cerne da discuss�o � o desejado sopesamento legislativo de princ�pios constitucionais, com o debate sobre a preval�ncia da liberdade de express�o. Na conclus�o, destacam-se a boa hora em que veio a legisla��o e sua feitura no melhor espa�o para regula��es desse tipo, o Parlamento. Sem preju�zo, s�o apresentadas as preocupa��es quanto a poss�veis restri��es de direitos, quanto a formas de fiscaliza��o do cumprimento dos deveres e quanto � necess�ria densifica��o de conte�dos das normas ainda abertas do diploma. Palavras-chave: Internet. Marco civil. Brasil Abstract: The article analyzes the Law No. 12.965/2014, which regulates the use of the Internet in Brazil. Based on the interpretation of its provisions, the literature review, and observation of jurisprudence, the study focuses on three aspects of the called civil rights framework for Internet: guaranteed rights, imposed obligations and targeted programs. With regard to rights, the focus is on users, tracing an overview and specifically addressing questions concerning the inviolability of Internet communications under the related constitutional provisions. With respect to obligations, the objects are the maintenance of records by servers and their civil liability, comparing the new law and the previous jurisprudential framework. Finally, regarding the programs, the core of the discussion is the desired legislative assessment of constitutional principles, paying attention to the debate over the prevalence of freedom of expression. In conclusion, the highlights are the good time of the legislation and the fact that it was made in the best space for such regulations, the Parliament. Notwithstanding, the article presents concerns about possible restrictions of rights, forms of the enforcement of obligations and required densification of the contents of the law. Keywords: Internet. Civil Rights Framework. Brazil.


Author(s):  
Luiz Fernando Marrey Moncau ◽  
Diego Werneck Arguelhes

Between 2009 and 2014, Brazilian civil society groups and government engaged with and ultimately approved the Marco Civil da Internet (Civil Rights Framework for the Internet). The MCI, which has been considered by some as a ‘Constitution of the Internet’ or as an ‘Internet Bill of Rights’, created a broad set of principles and norms, as well as specific rules, that articulate rights and limitations on the exercise of power on the internet. But how does the MCI measure against the backdrop of global debates on digital constitutionalism? To what extent and in what ways can the enactment of the MCI be considered a landmark for the constitutionalization of the digital environment? This chapter, in order to address those questions, will review the intermediary liability regime before the MCI, the process of approval of the MCI, and how the law is being implemented in practice. Finally, it will analyse the MCI in the light of digital constitutionalism theories.


2020 ◽  
Vol 3 ◽  
pp. 88-93
Author(s):  
K.N. Golikov ◽  

The subject of this article is the problems of the nature, essence and purpose of prosecutorial activity. The purpose of the article is to study and justify the role of the human rights function in prosecutorial activities in the concept of a modern legal state. At the heart of prosecutorial activity is the implementation of the main function of the Prosecutor’s office – its rights and freedoms, their protection. This means that any type (branch) of Prosecutor's supervision is permeated with human rights content in relation to a citizen, society, or the state. This is confirmed by the fact that the Federal law “On the Prosecutor's office of the Russian Federation” establishes an independent type of Prosecutor's supervision-supervision over the observance of human and civil rights and freedoms. It is argued that the legislation enshrines the human rights activities of the Prosecutor's office as its most important function. It is proposed to add this to the Law “On the Prosecutor's office of the Russian Federation”.


Author(s):  
Cécile Laborde ◽  
Aurélia Bardon

There is already an important literature on religion and political philosophy, focusing especially on controversies about religious symbols, freedom of speech, or secular education. The introduction explains the distinctive approach of the volume. Instead of focusing on specific political controversies, the book explores the conceptual, structural architecture of liberal political philosophy itself. The authors distinguish four different themes: the special status of religion in the law; state sovereignty, non-establishment, and neutrality; accommodation and religious freedom; and toleration, conscience, and identity. The chapter explains the particular questions raised in each of these four themes, and briefly presents the twenty-two contributions gathered in the volume.


2021 ◽  
Vol 102 (8) ◽  
pp. 64-65
Author(s):  
Robert Kim

Robert Kim tackles the question of whether denying students access to extracurricular programs is lawful. Historically, courts have considered the presence or absence of extracurricular activities as a factor in determining whether a district has eliminated vestiges of segregation. Outside the desegregation context, however, courts have been reluctant to recognize a legal right to participate in extracurricular activities. Today, those hoping to define extracurriclar opportutines as a right may find avenues to puruse in case involving school finances and federal enforcement of civil rights statutes.


2007 ◽  
Vol 7 (1) ◽  
pp. 17-19 ◽  
Author(s):  
Gerry Power

Gerry Power was invited to go to the University of Jos in April 2006 to present workshops to the Law Faculty and other interested legal professionals on using the internet for legal research. He writes about his experiences in dealing with running online workshops whilst coping with electricity shortages and the incredible experience of Nigeria!


Sign in / Sign up

Export Citation Format

Share Document