scholarly journals Derechos Fundamentales, el Covid-19 y la Afectación de Derechos a los Grupos en Situación de Vulnerabilidad. Los Adultos Mayores

2021 ◽  
Vol 12 (12) ◽  
pp. 73-97
Author(s):  
Gerardo Bernales Rojas ◽  
Lucivania Dias Mendes

The pandemic generated by Covid-19, has produced global effects not seen in these times, and not only in health, but in all areas of life, which has led governments to make decisions of all kinds and not only sanitary to reduce the spread of the pandemic and its aftermath. For this, the States use the constitutional tools that allow them to restrict the exercise of some fundamental rights, to achieve their objective. However, these “remedies” cause severe side effects, in the so-called “vulnerable groups”. In this article, we intend to analyze how in Brazil and Chile, the decisions of the authority, although they look to the common good, have the contradiction of particularly affecting the members of these groups, focusing our work on the situation of older adults, given certain specific effects that lie in this segment of society.

2020 ◽  
Vol 1 (58) ◽  
pp. 410
Author(s):  
Janaína Machado STURZA ◽  
Karinne Emanoela Goettems dos SANTOS

RESUMO Objetivo: Este estudo tem como objetivo fomentar a reflexão sobre o atual cenário de conflitos sociais, no qual se encontra a sociedade contemporânea, destacando a importância do acesso à Justiça por meio de um processo civil constitucionalmente adequado, na perspectiva do bem comum. Metodologia: A pesquisa converge para a importância da adaptação dos procedimentos judiciais à realidade social, por meio de um estudo bibliográfico norteado pelo método hipotético dedutivo, apresentando a hermenêutica filosófica gadameriana e as perspectivas de Mauro Cappelletti como principais referenciais teóricos. Resultados: Entender a sociedade a partir de um contexto conflituoso implica assumir uma nova postura diante da complexidade social e da efetivação do necessário processo de transformação na perspectiva de bem comum e, essencialmente, de acesso à Justiça como compromisso. Na órbita do processo civil, esse compromisso torna-se ainda mais evidente com a superveniência do novo Código de Processo. Contribuições: A demonstração de que a efetividade dos direitos fundamentais e a consagração da cidadania perpassam necessariamente por um processo civil constitucionalmente adequado, o qual deve e é capaz de adaptar-se às complexidades da vida social contemporânea.Palavras-chave: bem comum; cidadania; acesso à Justiça; processo constitucionalmente adequado.  ABSTRACT Objective: To encourage reflection on the current scenario of social conflicts in which contemporary society is situated, highlighting the importance of access to Justice by way of a constitutionally adequate civil process in the perspective of the common good. Methodology: The research converges to the importance of adapting judicial procedures to social reality by way of a bibliographic study guided by the hypothetical deductive method, presenting Gadamerian philosophical hermeneutics and the perspectives of Mauro Cappelletti as main theoretical references. Results: To understand the society from a conflictual context implies taking a new stance before social complexity and the implementation of the necessary transformation process in the perspective of the common good and, essentially, access to Justice as a commitment. In the orbit of civil proceedings this commitment becomes even more evident upon the supervenience of the new Code of Procedure.Contributions: The demonstration that the effectiveness of fundamental rights and the implementation of citizenship necessarily pass through a constitutionally adequate civil process, which must and is capable of adapting to the complexities of contemporary social life. Keywords: Common good; citizenship; access to Justice; appropriate constitutional process.


2020 ◽  
Vol 14 (1) ◽  
pp. 85-118
Author(s):  
Simeneh Kiros Assefa

The criminal law is adopted as a means of achieving the common good; it is interpreted and applied by the court. The judge chooses the type of legal theory and method to employ in the interpretation and application of the criminal law. Such theories may be acquired from higher norms or from the decision of the Supreme Court. Because such choice of theory and method determines the outcome of the case, the judge is also expected to be guided by the doctrines in criminal law inspired by the values of rule of law and respect for fundamental rights, enshrined in the Constitution. This article examines how courts harmonise the application of the positive criminal law with the non-positivist theories of higher norms. After reviewing various criminal rules and their judicial application, it finds that the court applies the criminal law as it is written in disregard of the non-positivist theories of higher norms, at times in contradiction to the basic doctrines of the criminal law itself.


Author(s):  
Marcelo Sánchez Sorondo

Migration is a shared condition of all humanity. We have all been strangers in a strange land. All humanity lives today as a result of migration, by themselves or their ancestors. Migration is a matter sometimes of choice, often of need, and always an inalienable right. All helpless people deserve to be helped. Offering such help is a commandment and a blessing shared among all religions. Accordingly, as Pope Francis reminds us, our duties to migrants include “to welcome”, “to protect”, “to promote”, and “to integrate.” National borders are not a result of primary natural law, as aren’t private property and clothes, “because nature did not give [humans] clothes, but art invented them”. National borders depend on social, political and geographical factors. Therefore, faced with current waves of mass migration, in order to establish practices that respond to the common good we need to be guided by three levels of responsibility. The first principle being that “in case of need all things are common”, because “every man is my brother”. This principle is relative to existence or subsistence and conditions other related issues (such as accommodation, food, housing, security, etc.). Secondly, as part of the fundamental rights of people, legal guarantees of primary rights that foster an “organic participation” in the economic and social life of the nation. Access to these economic and social goods, including education and employment, will allow people to develop their own abilities. Thirdly, a deeper sense of integration, reflecting responsibilities related to protecting, examining and developing the values that underpin the deep, stable, unity of a society— and, more fundamentally, create a horizon of public peace, understood as St. Augustine’s "tranquility in order". In particular, with regards to the aforementioned context, policies on migration should be guided by prudence, but prudence must never mean exclusion. On the contrary, governments should evaluate, “with wisdom and foresight, the extent to which their country is in a position, without prejudice to the common good of citizens, to offer a decent life to migrants, especially those truly in need of protection. Strangely enough, the response of most governments in the face of this phenomenon only seems to value the third principle, completely disregarding the first two.


2020 ◽  
Vol 29 (3) ◽  
pp. 248-254 ◽  
Author(s):  
Ulrich Mayr ◽  
Alexandra M. Freund

Older adults contribute—through charitable donations or volunteering—more to the common good than younger adults, an age difference that has profound society-level implications. Yet the reasons for this difference are not well understood. Evidence suggests that a purely altruistic concern for the common good is a major motivation for prosocial behavior and that this concern increases across adulthood. We argue that this finding, and prosocial behavior in general, is better understood using a value-based decision framework than through traditional dual-process accounts. Following the value-based decision approach, we derive specific hypotheses about life-span changes in motivation or resources as factors that explain why older adults show an increased concern for the well-being of other people.


2009 ◽  
Vol 11 (2) ◽  
pp. 169-180
Author(s):  
Peter Smith

The Canon Law of the Roman Catholic Church establishes the right of the Church to proclaim the Gospel and expound it, and to proclaim moral principles especially when this is required by fundamental rights or ‘for the salvation of souls’ (Canon 747). While this was taken for granted for centuries, society and culture have undergone rapid and extensive changes, especially over the last forty years. From what was once a Christian society and culture, we have moved to a multicultural and secular society, and have seen the rise of ‘ideological secularism’. The place of religion and religious values in the public forum is being questioned, and an aggressive secularism seeks to reduce religion and its practice to the private sphere. However, a healthy secularity should recognise both the autonomy of the state from control by the Church and also the right of the Church to proclaim its teaching and comment on social issues for the common good of humanity. This right is recognised in the 1948 Universal Declaration of Human Rights and the 1950 European Convention for the Protection of Human Rights and Fundamental Freedoms. From the Church's point of view, this right was recognised for all religions in the Second Vatican Council's ‘Declaration on Religious Liberty’. We must defend that right because the Church exists not for its own sake but for the sake of humanity.


Author(s):  
Clara Barros

this paper I intend to analyse some aspects of the evolution observable in the way the legislative discourse justifies the legal-legislative provisions in legislative texts of different synchronies of the Portuguese language: this is especially apparent when they present statements which contain acts of discourse with justification value.From a comparative and diachronic perspective, I will confront Afonso X’s medieval legislative texts (such as the Portuguese versions of the Primeyra Partida and the Foro Real) with contemporary Portuguese legislative texts. I will attempt to demonstrate that in medieval legislative texts, in addition to the greater extent of the supporting segments, there is also a discursive structure that uses arguments of authority. In Afonso X’s legislative texts royal legislation is conveyed and the Speaker, designated by the first person “we”, is identified with the king, holding a power inherent to this statute. It reaffirms its status as authority and the desirability of royal legislative action and affirms the pragmatic need for the existence of justice by its favourable effect (which is ethically identified with the Common Good).By contrast, contemporary legislative discourse is presented in the third person and this does not designate any individualized subject. The law is stabilized, established in multi-secular institutions and fundamental rights are already guaranteed, and new legislation is generally conjunctural and especially case-by-case legislation. In contemporary legislative formulations there is no discourse of the legitimization of power and the dimension of the supporting segments is smaller.


Sign in / Sign up

Export Citation Format

Share Document