scholarly journals A ação anulatória de cláusulas normativas / The action anulatory of normal clauses

2017 ◽  
Vol 44 (1) ◽  
Author(s):  
Zélia Maria Cardoso Montal
Keyword(s):  
Collective Bargaining ◽  
Legal System ◽  
The Public ◽  
Its Analysis ◽  
Democratic State ◽  
The Face ◽  
The Subject

Resumo: Esta pesquisa analisa a Ação Anulatória de Cláusulas Normativas, prevista no artigo 83, inciso IV da Lei Complementar nº 75 de 20/05/1993, enfocando especialmente a competência funcional ou hierárquica para o processamento e julgamento desta medida processual em face de existência de uma divergência jurisprudencial e doutrinária sobre o tema. Será analisada a legitimidade pelo Ministério Público do Trabalho para a propositura desta ação, bem como a competência material da Justiça do Trabalho para sua análise e julgamento. Este instrumento processual se mostra fundamental no âmbito do Estado Democrático de Direito para o controle dos acordos e das convenções coletivas de trabalho, em especial se afrontarem o mínimo ético irredutível garantido ao cidadão trabalhador pelo ordenamento jurídico brasileiro.   Abstract: This research analyzes the Annulment Action of Normative Clauses, foreseen in article 83, item IV of Complementary Law nº 75 of 05/20/1993, focusing especially on the functional or hierarchical competence for the processing and judgment of this procedural measure in the face of existence of a jurisprudential and doctrinal divergence on the subject. The legitimacy of the Public Prosecutor's Office will be analyzed for the filing of this action, as well as the material jurisdiction of the Labor Court for its analysis and judgment. This procedural instrument is fundamental in the scope of the Democratic State of Law for the control of agreements and collective bargaining agreements, especially if they face the irreducible ethical minimum guaranteed to the working citizen by the Brazilian legal system.

scholarly journals A CONCEPÇÃO E A PERSPECTIVA FILOSÓFICA SOBRE O MODELO DE FAMÍLIA EUDEMONISTA FRENTE AO ENTENDIMENTO MAJORITÁRIO DE VÍNCULO BIOLÓGICO COMO ELEMENTO CARACTERIZADOR DA ENTIDADE FAMILIAR

2021 ◽  
Vol 9 (204) ◽  
pp. 1-18
Author(s):  
Gabriela Dantas da Silva
Keyword(s):  
Immanuel Kant ◽  
Legal System ◽  
Fundamental Rights ◽  
Main Topic ◽  
Social Sphere ◽  
Legal Challenges ◽  
The Family ◽  
The Face ◽  
The Subject ◽  
Philosophical Nature

The main topic of this article is to analyze the philosophical contributions on the subject and to criticize the State's actions as an entity that supports this family model. In a second moment, emphasis is given to the philosophical contributions of Immanuel Kant and Aristotle on morals and ethics, extending them to the family and social sphere. The concept of the Eudemonist Family with great Aristotelian influence, as well as some of the main contemporary family entities in brief contextualization, is also presented, to finally address the main problem of this article: the legal challenges of the Eudemonist family in the face of the majority understanding of biological bond as a characterizing element of the family entity. In conclusion, the philosophical nature is of great importance for the understanding of these new conceptions of the family, since the Brazilian legal system did not, in fact, contemplate the experience of society, not giving up texts that were expressly discriminatory and that excluded fundamental rights of individuals.

“We Find Ourselves Preoccupied with the World of the Present”: Humanist Resistance to Progressive Education in Ontario

2015 ◽  
Vol 55 (3) ◽  
pp. 294-318
Author(s):  
Theodore Michael Christou
Keyword(s):  
Public Schools ◽  
Progressive Education ◽  
School Organization ◽  
The United States ◽  
Curriculum Theory ◽  
The Public ◽  
Faculty Psychology ◽  
Rapid Social Change ◽  
The Face ◽  
The Subject

The work here explores the voices of Ontario's humanist educators, who advocated for the preservation of a curriculum theory rooted in faculty psychology, mental discipline, and the classics in the face of progressivist revisions to the province's public school organization. A great deal of scholastic sweat has been poured over the subject of progressive education, its meanings, and its purposes. Much less has been said about the critics of progressivist reform, who are referred to here as humanists; this term follows from the work of Herbert Kliebard, who characterized humanists as one of four competing interests in an epic struggle over the curriculum in the United States. Theodore Christou dubbed humanists “foils” to the progressivist reformers who succeeded in overturning Ontario'sProgrammes of Studyfor the public schools. Kliebard defined this group as:the guardians of an ancient tradition tied to the power of reason and the finest elements of the Western cultural heritage… to them fell the task of reinterpreting, and thereby preserving as best as they could, their revered traditions and values in the face of rapid social change and a burgeoning school system.

scholarly journals Extent and Justifications for Strike Proneness in The Nigeria Public Sector Industries

2021 ◽  
Vol 5 (1) ◽  
pp. 1-11
Author(s):  
Taofik Idowu ◽  
Chigozie Anekwe ◽  
Aminat Balogun
Keyword(s):  
Public Sector ◽  
Collective Bargaining ◽  
Focal Point ◽  
Regulatory Framework ◽  
Employment Relations ◽  
The Public ◽  
Unfair Treatment ◽  
Exploratory Approach ◽  
The Face ◽  
Private And Public

Strike has become one of the most effective tools used by workers to drive home their demands and the intensity of this varies from one sector to another. Therefore, the objective of this study is to investigate strike proneness and why public sector industries are more strike prone in Nigeria. The study takes an exploratory approach by reviewing extant literatures as a focal point of analysis to determine the extent of strike intensity among industries in the public sectors with a view towards drawing up relevant justifications. The findings of the study shows that in comparison with other sectors, education as sub sector of public sector are more strike prone  and the reason generally for public sector strike proneness is because  government is the highest employer of labour as well as the umpire ensuing the behaviour of an employer  and at  the same time involve in the regulatory framework that guides the employment relations between the employer and employees in the private and public sector which often leads to unilateral decisions in the face of collective bargaining ; unfair treatment of employees and anti-union activities appears to be factors responsible for more industrial strike in the public sector among others. Therefore, the study recommend that government should practice unbiased democracy that is just, fair and deal equitably with the respective organized union so as to prevent conflict and not control conflict because of the after math consequences.

Afera Grimma-Hoffmanna. Szwajcarski przypadek samowolnej misji parlamentarzysty w polityce zagranicznej

2021 ◽  
Vol 2(163) ◽  
pp. 9-26
Author(s):  
Piotr Bednarz
Keyword(s):  
Political Polarization ◽  
The Political ◽  
Swiss Society ◽  
Russian Government ◽  
The Public ◽  
Political Crises ◽  
Democratic State ◽  
The Face ◽  
The Government ◽  
Secret Agent

The years of the First World War were also a difficult period for Swiss society. Its political polarization came out particularly sharply in the face of the political crises that occurred at the time. One of the most serious was the so-called Grimm-Hoffmann affair of June 1917. The leader of the Swiss socialist milieu, one of the better-known parliamentarians, Robert Grimm, who went to Stockholm to attend the socialist congress and then to Petrograd, turned out to be a secret agent of the head of the Political Department of the Swiss government, Arthur Hoffmann. Robert Grimm’s mission was to probe the new Russian government about the possibility of a separate peace between Russia and Germany. This exposed unlawful action, undertaken without the agreement of the government, led to an international scandal, as the actions of R. Grimm and A. Hoffmann were contrary to Switzerland’s policy of neutrality. At the same time, there was an intensified press campaign in the country against A. Hoffmann, ending with his resignation. The arguments used by the public in their attacks on A. Hoffmann, clearly show that the Swiss society did not tolerate the actions of parliamentarians that went against the customs of a democratic state.

Selling Mediation: Mimetic, Distancing, and Appellating Practices in the Marketing of an Emerging Profession

2005 ◽  
Author(s):  
Andrew Woolford ◽  
R. Ratner
Keyword(s):  
Legal System ◽  
Consumer Demand ◽  
Legal Profession ◽  
Dramatic Improvement ◽  
The Public ◽  
The Face ◽  
Marketing Activities ◽  
Regulatory Bodies

Individuals both within and outside the legal profession have been drawn by the ‘promise’ of mediation. In it they see a means for facilitating communicative exchanges between actors in conflict, which they view as a dramatic improvement on the adversarial practices of the formal legal system. However, despite the appeal of mediation to potential practitioners, there is not yet sufficient consumer demand to sustain the number of people who possess mediation skills. This has resulted in an overcrowded mediation market in which practitioners are forced to market themselves so as to compete for a limited clientele. In this context, the emerging mediation profession, with its still forming regulatory bodies, confronts the challenge of managing the image of mediation in the face of the increased marketing activities of mediators. In this paper we examine these marketing activities (described as mimetic, distancing and appellating practices) and their consequences for the public presentation of the mediation “profession.”

Valutare per risparmiare: strategie e best practices per la "buona amministrazione"

2013 ◽  
pp. 65-81
Author(s):  
Gabriella Nicosia
Keyword(s):  
Best Practices ◽  
Public Administration ◽  
Legal System ◽  
Monitoring And Evaluation ◽  
The Public ◽  
The Subject ◽  
Public Bodies

The italian legal system in currently undergoing a process of transformation in order to set the ground for a better, more efficient and more economical public administration. Since 2009 a series of reforms, on the subject of monitoring and evaluation of individual and collective performances, within the public bodies has been approved. Starting from an analysis of these reforms, this essay explores the strategies, methods and tools that can be used to enhance the performance of the Italian public administration. Their possible benefits exceed the gains of an increase in efficiency, as they could also meet the expectations of the cives, stakeholders, who demand for a clear system of best practices e spending review to be implemented.

Analysis of Some of the Unanswered Questions That the Labour Collective Bargaining Presents Under the Framework of the Spanish Public Administration

2016 ◽  
Vol 14 (2-3) ◽  
Author(s):  
Carlos Arroyo
Keyword(s):  
Public Sector ◽  
Collective Bargaining ◽  
Public Administration ◽  
Working Conditions ◽  
Legal Protection ◽  
The Public ◽  
Its Analysis

The collective bargaining over working conditions of employees in the Public Administration service finds a number of features that in some cases do not always have a clear legal protection and in others, they have some specific characteristics exclusively in the public sector, thus making it necessary to proceed to its analysis.

scholarly journals Pós-modernidade e principiologia jurídica: O ativismo judicial e sua validade no âmbito do Estado Democrático de Direito / Post-modernity and legal principiology: The judicial activism and its validity in the context of the Democratic State of Law

2017 ◽  
Vol 13 (3) ◽  
pp. 189
Author(s):  
Valter Moura do Carmo ◽  
Ewerton Ricardo Messias
Keyword(s):  
Rule Of Law ◽  
Legal System ◽  
Semantic Content ◽  
Judicial Activism ◽  
Legal Principles ◽  
Democratic State ◽  
The Face ◽  
Democratic Rule ◽  
Definition Of ◽  
Legal Concepts

Resumo: Atualmente, a hermenêutica jurídica assume características específicas, vez que, diante dos conceitos jurídicos indeterminados, exige-se do juiz uma postura altamente construtiva do conteúdo semântico dos enunciados sob análise, ambiente propício para o surgimento do ativismo judicial. O presente artigo visa a analisar o que seja o ativismo judicial e sua eventual validade no âmbito do Estado Democrático de Direito. Com esse intuito, são investigados a distinção entre Direito e sistema jurídico e entre ordenamento jurídico e sistema jurídico; a principiologia jurídica pós-moderna e sua influência no surgimento do ativismo judicial; a definição de judicialização e a distinção entre ativismo judicial, livre convencimento motivado do juiz e pró-atividade judicial e o risco ao Estado Democrático de Direito diante de uma eventual ditadura do Poder Judiciário. Para a obtenção dos resultados almejados pela pesquisa, o método de abordagem a ser seguido será o empírico-dialético, utilizando-se de pesquisa bibliográfica e legislativa, tendo como pano de fundo um sistema de referência pautado no giro linguístico, representado por meio do Constructivismo Lógico-Semântico de Paulo de Barros Carvalho. Em conclusão, aponta-se que o ativismo judicial não tem validade no âmbito do Estado Democrático de Direito, tendo-se por base o referencial teórico adotado. Palavras-chave: Princípios. Conceitos jurídicos indeterminados. Democracia. Interpretação normativa intersubjetiva.  Abstract: Currently legal hermeneutics presents specific characteristics, since, in view of indeterminate legal concepts, the judge is required to play a highly constructive role on the semantic content of the statements under analysis, a situation conducive to the emergence of judicial activism. The present article analyses what is judicial activism and its possible validity within the scope of the Rule of Law. With this in mind, we investigate the distinction between Law and legal system and between legal system and legal hierarchy; a number of postmodern legal principles and their influence on the emergence of judicial activism; the definition of judicialisation and the distinction between judicial activism, free convincing of the judge and pro-judicial activity, and the risk to the Democratic Rule of Law in the face of a possible dictatorship of the Judiciary branch. In order to obtain the results sought by our research, the method of approach we used is the empirico-dialectic, based on the use of bibliographical and legislative sources. As background, we use a reference system based on the linguistic turn, inspired by the Logical-Semantic Constructivism of Paulo de Barros Carvalho. In conclusion, based on the theoretical framework adopted, we point out that judicial activism has no validity within the scope of the Democratic Rule of Law.Keywords: Principles. Undetermined legal concepts. Democracy. Intersubjective normative interpretation.

scholarly journals KESADARAN HUKUM SEBAGAI ASPEK DASAR POLITIK HUKUM LEGISLASI: SUATU TINJAUAN FILSAFAT

2015 ◽  
Vol 4 (3) ◽  
pp. 469
Author(s):  
Wenda Hartanto
Keyword(s):  
Legal System ◽  
Social Engineering ◽  
Legal Policy ◽  
The Public ◽  
Social Interests ◽  
Plural Society ◽  
The Subject ◽  
Political Economic ◽  
The Relationship ◽  
The Ideal

<p>Manusia seperti entitas lainnya, juga bereksistensi. Namun, eksistensi manusia berbeda karena memiliki kesadaran. Sedangkan hukum memiliki tujuan yang mulia yaitu untuk membentuk masyarakat berada dalam tatanan hukum dan berperan sebagai sarana rekayasa sosial demi kemajuan. Namun kesadaran hukum sebagai suatu entitas yang tunggal dibenturkan pada masyarakat plural dengan pandangan-pandangan yang majemuk. Suatu kumpulan individu yang majemuk juga memunculkan kaidah hukum jika disepakati dapat dianggap memiliki aspek moralitas dan kesadaran hukum oleh suatu golongan, tetapi tidak demikian oleh golongan yang lain. Dalam keadaan yang semacam itu, menjadi sangat penting untuk mengetahui bagaimana terjadinya proses relasi antara kesadaran hukum dan politik hukum dalam proses legislasi, serta bagaimana konsep ideal untuk mengakomodir kesadaran hukum masyarakat dalam proses legislasi. Dengan menggunakan metode penelitian hukum normatif bisa dilihat bahwa proses legislasi merupakan aktualisasi politik hukum yang berdasarkan kesadaran hukum masyarakat untuk mencapai tujuan dan melindungi kebutuhan dan kepentingan masyarakat. Indonesia sebagai negara bangsa yang majemuk memerlukan suatu sistem hukum modern yang mampu mengantisipasi serta mengatasi berbagai permasalahan yang mungkin akan timbul. Nilai-nilai Pancasila hadir untuk mengakomodir dimensi kepentingan politik, ekonomi, sosial dan politik manusia sebagai subjek didalam bernegara.</p><p>Humans like other entities, also exist. However, human existence is different because it has consciousness. While the law has a noble purpose which is to establish a community within the legal system and to serve as tools of social engineering for progression. However, legal awareness as a single entity collides with a plural society with diverse views. A group of diverse individuals make some law ,which is agreed by some group, can be considered to have morality aspects and legal awareness by that groups, but not by the other groups. In such circumstances, it becomes very important to understand the process of the relationship between legal awareness and legal policy in the legislation process, and what the ideal concept to accommodate the public legal awareness in the legislation process. By using the normative legal research method, it can be seen that the legislation process is an actualization of legal policy which is based on public legal awareness which aims to protect public needs and interests. Indonesia as a plural nation state require a modern legal system which is able to anticipate and overcome every problems that may arise. Pancasila Values exists here to accommodate the dimensions of political, economic, and social interests of human being as the subject of state.</p>

Essence of Self-governance Illustrated with an Example of the Professional Self-government Body of Legal Counsels (in Poland)

2021 ◽  
Vol 19 (4) ◽  
pp. 893-919
Author(s):  
Monika Kępa
Keyword(s):  
Public Trust ◽  
Public Power ◽  
The Public ◽  
The People ◽  
Democratic State ◽  
Professional Self ◽  
The Subject ◽  
Democratic Systems ◽  
Government Body ◽  
Basic Features

The subject of the article covers the issues concerning the concept of self-government and the constitutionally differentiated types thereof, which realise the principle of decentralisation of public power. The systemic principles of the functioning of the democratic state are defined by the operation of self-governments, including the professional self-government bodies which associate the people who perform the public trust professions. Therefore, it plays a key role both in forming the political system of the state and, consequently, in performing public tasks. The aim of the article is to show the basic features of self-governance which form this concept. It in turn allows to define the essence of self-governance, however, not only abstractly but on a given example – the professional self-government of legal counsels in Poland. The basic thesis of the article is the statement that the self-governance is the best form of exercising power in the democratic systems, which enables the proper performance of the public tasks of major importance. It concerns both the territorial self-governments and professional self-governments, but also, first and foremost, the ones that associate the people who perform the professions of public trust, and the legal counsel is one of such professions.

Sign in / Sign up

Export Citation Format

Share Document