scholarly journals O PRINCÍPIO CONSTITUCIONAL DA RAZOÁVEL DURAÇÃO DO PROCESSO E A IMPLEMENTAÇÃO DO PROCESSO JUDICIAL ELETRÔNICO COMO FORMA DE GARANTIR CELERIDADE AOS LITÍGIOS

2021 ◽  
Vol 16 (1) ◽  
pp. 129-156
Author(s):  
Jason Albergaria Neto ◽  
Newton de Araújo Lopes Júnior
Keyword(s):  
Justice System ◽  
Research Problem ◽  
Electronic Media ◽  
Electronic Medium ◽  
Electronic Process ◽  
Deductive Method ◽  
Judicial Proceedings ◽  
And Training ◽  
Effective Result ◽  
Process Speed

RESUMOObjetivou-se com este trabalho tratar da informatização dos processos judiciais e da sua relação com a garantia constitucional da razoável duração do processo judicial. O problema da pesquisa cinge na implementação do processo eletrônico como forma de garantir a razoável duração do processo e suas consequências. O objetivo geral é demonstrar que simplesmente digitalizar e transferir os litígios judiciais para o meio eletrônico não é, necessariamente, capaz de garantir a razoável duração do processo. Em muitos casos, a falta de treinamento e de tecnologias para os membros da justiça podem acarretar maior morosidade do judiciário. Optou-se pela análise bibliográfica e jurisprudencial com suporte no método dedutivo. Como resultado observou-se que não basta transferir os autos físicos para o meio eletrônico. Restou comprovada a necessidade de investir em tecnologias e em treinamento da comunidade jurídica como um todo, para garantir ao jurisdicionado um resultado efetivo em tempo razoável.PALAVRAS-CHAVE: Processo; Celeridade; Garantia constitucional; Informatização.ABSTRACTThe objective of this work was to deal with the computerization of judicial proceedings and their relationship with the constitutional guarantee of the reasonable length of the proceedings. The research problem concerns the implementation of the electronic process as a way to guarantee the reasonable duration of the process and its consequences. The overall objective is to demonstrate that simply digitizing and transferring legal disputes to electronic media is not necessarily able to guarantee the reasonable duration of the process. In many cases, the lack of training and technologies for members of the justice system can lead to greater delays in the judiciary. We opted for bibliographic and jurisprudential analysis based on the deductive method. As a result, it was observed that it is not enough to transfer the physical records to the electronic medium. There remains a proven need to invest in technology and training for the legal community as a whole, in order to guarantee the jurisdiction an effective result within a reasonable time.KEYWORDS: Process; Speed; Warranty; Constitutional; Computerization.

Affirmative Action and Aboriginal Government: The Case for Legal Education in Nunavut

1999 ◽  
Vol 14 (2) ◽  
pp. 21-75 ◽  
Author(s):  
Kelly Gallagher-Mackay
Keyword(s):  
Justice System ◽  
Critical Mass ◽  
Legal Education ◽  
Law School ◽  
Law Schools ◽  
Disadvantaged Communities ◽  
The Public ◽  
Education Gap ◽  
The University ◽  
And Training

AbstractThe Nunavut Land Claim Agreement commits federal and territorial governments to the recruitment and training of Inuit for positions throughout government. In the justice sector, there is currently a major shortage of Inuit lawyers or future judges. However, there also appears to be a fundamental mismatch between what existing law schools offer and what Inuit students are prepared to accept. A northern-based law school might remedy some of these problems. However, support for a law school requires un-thinking certain key tenets of legal education as we know it in Canada. In particular, it may require a step outside the university-based law school system. Universities appear to be accepted as the exclusive guardian of the concept of academic standards. Admission standards, in particular, serve as both a positivist technology of exclusion, and a political rationale for the persistence of majoritarian institutions as the major means of training members of disadvantaged communities. Distinctive institutions – eventually working with university-based law schools – have the potential to help bridge the education gap between Inuit and other Canadians. In so doing, they have the potential to train a critical mass of Inuit to meaningfully adapt the justice system to become a pillar of the public government in the Inuit homeland of Nunavut.

Trends in Reading Literary Fiction in Print and Cyber Media by Undergraduate Students of Hasanuddin University

2019 ◽  
Vol 7 (2) ◽  
pp. 66-77
Author(s):  
Fathu Rahman ◽  
M Amir P ◽  
Tammasse
Keyword(s):  
Young People ◽  
Cross Section ◽  
Undergraduate Students ◽  
Electronic Devices ◽  
Electronic Media ◽  
Literary Fiction ◽  
Electronic Medium ◽  
Wide Cross ◽  
Ease Of Access ◽  
Book Format

This research investigated the trends in reading literary fiction by students of Hasanuddin University and their main reasons for reading works of fiction. Reading tendencies were grouped into types, reading of fiction in print and fiction in electronic (cyber) media. The purposes of this study were: 1) to quantify the literary fiction reading media preferred by students; 2) to identify specific reasons for their choice of media; 3) to identify perceived personal benefits obtained from reading literary fiction, and 4) to evaluate readers’ personal choices in terms of contents. The majority of students preferred to read using electronic media (62%), although a substantial majority preferred the classical printed book format (38%). The reasons given for preferring cyber literature (defined as works of fiction presented in an electronic medium) to printed literature were mainly practical, such as ease of access using electronic devices (tablets, computers, smartphones, etc.) as well as capacity and versatility, and that one multi-functional device can hold many books or other reading media. This research indicates that young people view reading fiction not only as entertainment, but also as a valuable and rewarding activity. The trend towards electronic media provides a growing and increasingly used opportunity for casual readers and enthusiasts to access and enjoy a wide cross-section of literary fiction.

scholarly journals Perjalananku: Penggunaan Medium Elektronik (Cahaya) Dalam Karya Seni Arca

2021 ◽  
Vol 6 (2) ◽  
pp. 60-66
Author(s):  
Syed Alwi Syed Abu Bakar ◽  
◽  
Aznan Omar ◽  
Noor Enfendi Desa ◽  
Siti Humaini Said Ahmad @ Syed Ahmad ◽  
...  
Keyword(s):  
Visual Arts ◽  
Research Method ◽  
Electronic Media ◽  
Electronic Medium ◽  
Research Project ◽  
Art Works ◽  
Social Sharing ◽  
Conventional Medium

This research represents time using electronic medium through sculpture. An electronic media (light) is one of new medium in Malaysian visual arts. The use of electronic (light) as a medium, does bloom up medias in Malaysian visual arts. The exploration of this new medium, was inspired by Dan Flavin. The research includes element of light and social sharing. This research method practiced the studio base based on Wallas’ theory. This research project would benefit the societies, at the same time it would contribute to a process of creating an art works. The combination between electronic (light) and conventional medium will diverse the use of medium in producing art works.

scholarly journals Diskontinuitas Bahasa Komunikasi Media Elektronik Dosen dan Mahasiswa Fakultas Agama Islam Universitas Muhammadiyah Malang

2019 ◽  
Vol 6 (1) ◽  
Author(s):  
I’anatut Thoifah
Keyword(s):  
Qualitative Research ◽  
Data Collection ◽  
Analysis Data ◽  
Research Problem ◽  
Electronic Media ◽  
Media Communication ◽  
Descriptive Ethics ◽  
Islamic Religion ◽  
Electronic Media Communication ◽  
Rule Out

The issuance of regulations and appeals to the way of electronic media communication language in several universities are driven by lecturers' complaints about the number of communication from students via telephone, SMS, email, Whatsapp which is less ethical, in this case language plays an important role, the wording in non-communication Verbal through electronic media provides opportunities for considerable discontinuity in the meaning of sentences, because without visible intonation and expression, so it does not rule out the possibility of multi language interpretations of lecturers and students. This problem is said to be the generation difference is the reason for the creation of communication language discontinuity. This study aims to determine how the discontinuity and how the discontinuity forms of electronic media communication between lecturers and students. With descriptive qualitative research methods, the methods of data collection analysis, data condensation, display, and verification to find the results of the formulation of this research problem. The results observed are discontinuities in the language of communication between students and lecturers found in ways of communication that are not following the descriptive ethics intended by lecturers of the Faculty of Islamic Religion. The form of language discontinuity in student and lecturer communication is in the choice of diction.

scholarly journals CRIMINAL POLICY IN CHILDREN'S CONSTRUCTION EFFORTS AS A NARCOTIC CRIMINAL ACTION PERSON

2018 ◽  
Vol 2 (2) ◽  
pp. 144
Author(s):  
Frans Simangunsong
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
Juvenile Justice ◽  
Child Protection ◽  
Justice System ◽  
Juvenile Justice System ◽  
Criminal Policy ◽  
Electronic Media ◽  
Daily Press ◽  
Special Provision

Cases of narcotics abuse are increasing. This is evidenced by the almost<br />daily press reports from newspapers and electronic media about smuggling, illegal<br />trade, arrests and detention related to the problem of narcotics abuse. The purpose of<br />narcotics abuse is a deviant or accidental use of narcotics. So the act violates the law and<br />is threatened with criminality. Criminal policy in an effort to control children as<br />perpetrators of narcotics crimes. Threats of imprisonment that can be imposed on<br />children no later than 1/2 (one half) from the maximum threat of imprisonment for<br />adults. This means that the criminal threat for children who become narcotics couriers is<br />half of the criminal threats contained in the Narcotics Law. For children who become<br />couriers or narcotics brokers, they must be based on the mechanism stipulated in the<br />Child Protection Act and the Juvenile Justice System Law. Law enforcement for<br />perpetrators who are still under age, there is a special provision called diversion, namely<br />the transfer of settlement of child cases from criminal justice processes to processes<br />outside of criminal justice

scholarly journals Institutional bases of household income dispersion in Poland and in France. A retrospective analysis

2020 ◽  
Vol 63 (3) ◽  
pp. 141-159
Author(s):  
Ewa Gruszewska ◽  
Keyword(s):  
Household Income ◽  
Research Problem ◽  
Institutional Changes ◽  
The Public ◽  
Income Disparities ◽  
The Social ◽  
Deductive Method ◽  
High Dynamics ◽  
Polish Government ◽  
Income Dispersion

Household income dispersion in Poland is growing systematically. Since the late 1970s, the Gini index has increased from 0.252 (1975) to 0.313 (2016). At the same time in France, the ratio has dropped from 0.34 (late 1970s) to 0.293 (2016). A higher income dispersion is also observed among various occupations and across genders. The ratio of minimum to average wages has increased from 33.7% (1975) to 45.45% (2019). The research period covers the period of the centrally planned economy in Poland, when income leveling was an effect of government policy, and that of the market economy, which caused significant income disparities. The research problem is the growing household income dispersion in Poland. The aim of the study was to determine the institutional sources of increasing income dispersion. The study involved a comparative analysis of income dispersion in the years 1975–2017 in the context of institutional changes taking place in these countries, especially after 1990. The author applied a hypothetico-deductive method. Having analysed income dispersion, the author made a hypothesis regarding the influence of institutional changes on this phenomenon and presented the groups of institutional factors. The conducted research indicated inequalities in Poland grew mainly as a result of high dynamics in the income of the highest earners (top 10% and 1%). The social policy of the Polish government may have had little impact on this factor. Moreover, the distributional effects of taxes and transfers were slightly weaker in Poland than in France. An increase in the scale of acceptance of the inequality level in Poland over the past few years is noteworthy. In France, the public opposition to inequality is growing, even though income inequality is lower than in many European countries.

scholarly journals La autocomposición como mecanismo adecuado para resolver/administrar los litigios derivados de la implementación de las políticas de salud pública

2020 ◽  
pp. 28-38
Author(s):  
Fabiana Marion Spengler ◽  
Fernando Augusto Marion Spengler ◽  
Pedro Henrique Marion Spengler
Keyword(s):  
Public Health ◽  
Research Problem ◽  
Health Policies ◽  
Main Hypothesis ◽  
Public Health Policies ◽  
Main Research ◽  
Research Technique ◽  
Deductive Method ◽  
Approach Method

El tema de este artículo es la autocomposición. El principal problema de investigación que debe responderse es el siguiente: ¿es la autocomposición un mecanismo adecuado para administrar/resolver los litigios derivados de la no implementación de las políticas de salud pública? La hipótesis responde afirmativamente al problema de la investigación.  Del problema surge el objetivo: analizar la autocomposición como un procedimiento adecuado para administrar/resolver los litigios derivados de la no implementación de las políticas de salud pública. Se utilizó, el método deductivo como método de abordaje. Como método de procedimiento se utilizó el método monográfico y como técnica de investigación se aplicó la bibliográfica. La conclusión principal se refiere a la confirmación de la hipótesis en el sentido de que la autocomposición, ejemplificada por la mediación y la conciliación, es el mecanismo adecuado para administrar/resolver litigios derivados de la implementación y práctica de las políticas de salud pública.   This article focuses on self-composition as a mechanism for managing / resolving disputes arising from public health policies. The main research problem to be answered is: is self-composition an adequate mechanism to manage / resolve disputes arising from the non-implementation of public health policies? The main hypothesis answers the research problem in the affirmative. From the research problem is born the objective: to analyze self-composition as an appropriate procedure to manage / resolve disputes arising from the non-implementation of public health policies. To meet the proposed objective, the deductive method was used as approach method. As a method of procedure the monographic method was used and as a research technique the bibliographic method was applied. The main conclusion concerns the confirmation of the hypothesis that self-composition, exemplified by mediation and conciliation, is an appropriate mechanism to manage / resolve disputes arising from the implementation and practice of public health policies.

scholarly journals Prospects and challenges in the investigation of credit card fraud in Vall Region of the Gauteng Province, South Africa

2022 ◽  
Vol 27 ◽  
pp. 959-967
Author(s):  
Morero Motseki
Keyword(s):  
Credit Card ◽  
Justice System ◽  
Phenomenological Approach ◽  
Research Approach ◽  
Sampling Techniques ◽  
Snowball Sampling ◽  
Gauteng Province ◽  
Credit Card Fraud ◽  
Online Transactions ◽  
And Training

Today use of Credit Card even in developing countries has become a common scenario. People use it to shop, pay bills and for online transactions. But with increase in number of Credit Card users, the cases of fraud in Credit Card have also been on rise. Credit Card related frauds cause globally a loss of billions of Rands. Credit Card fraud can be done in numerous ways. The article begins with an examination of the extent of the challenge and response by the relevant stakeholders, especially the Criminal Justice System (CJS). This study was carried out utilising a qualitative research approach with a convenience, purposive and snowball sampling techniques. Thirtynine (39) interviews were conducted to solicit the views of the participants and police investigators from Vanderbijlpark, Sebokeng, Sharpeville and Vereeniging police stations, members of the community, and victims of credit card fraud were interviewed. These interviews were analysed according to the phenomenological approach, aided with the inductive Thematic Content Analysis (TCA) to identify the participants’ responses and themes. The findings indicated that the extent of credit card fraud in Vaal region is reaching alarming rates. Based on the findings, the authors provided recommendations such as: police investigators being taken for regular workshops and training on how to investigate sophisticated methods used by perpetrators such as technology, awareness in the society about credit card fraud should be prioritised and enhanced. This study recommends that the CCTV cameras should be installed in the ATM, where cases of credit card are taking place. In addition, the police be visible in the areas which are most prevalent to credit card fraud.

scholarly journals The Legal maxims of Maʾālāt and its Contemporary Application on Financial Transactions

2021 ◽  
Vol 4 (3) ◽  
pp. 76-97
Author(s):  
Mahamed Fathy Eletrebi ◽  
Hassan Suleiman
Keyword(s):  
Research Method ◽  
Research Problem ◽  
Financial Applications ◽  
The Past ◽  
Legal Texts ◽  
Deductive Method ◽  
Intellectual Knowledge ◽  
And Behavior ◽  
Financial Transactions

Our religion with its wisdom and jurisprudence; it is wise for Muslims to look at their future and what their actions and behavior will lead to - after benefiting from the experiences of the past and the experiences of the present - by anticipating it and challenging it and preparing for it with what it needs of sciences and arts that guarantee them a sublime human meeting, as Abdulqadir Al-Kilani said. Hence our interest in the outcomes and their fundamentalist rules and contemporary financial applications. As for the study’s goal, it is to employ our Islamic fundamental, intentional, jurisprudential and intellectual knowledge in a jurisprudential adaptation of the most prominent contemporary transactions. Therefore, the research problem is: What is the role of the rules of fate in the jurisprudential view of contemporary transactions. The research method is inductive, analytical, and deductive method. By extrapolating the legal texts established to consider the outcomes and then analyzing those texts to derive appropriate provisions for contemporary financial transactions. The most prominent results: First: that Islam prepared man to consider the fates and freed him from the obstacles of superstition, pessimism, volatility, and astrology. Second: The rules of fate aim to consider the legal rulings related to the true tomorrow and the possible actions of the taxpayers based on the past, understanding the reality and anticipating the future according to the possible capacity. Third: The Holy Qur’an was concerned with the cosmic and social norms as harbingers of the fates and the meanings of their perception, as it was concerned with time in all its parts, past, present and future, so that the Muslim would be on the basis of his order in his movement, his residence, its causes, and its consequences.

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