scholarly journals Reforma Trabalhista: tentativa de clausura hermenêutica na nova redação do art. 8º da CLT

2019 ◽  
Vol 4 (2) ◽  
pp. 144-164
Author(s):  
Marco Aurélio Serau Júnior ◽  
Laura Souza Lima e Brito
Keyword(s):  
Labor Law ◽  
Public Law ◽  
Social Rights ◽  
Private Law ◽  
Labor Reform ◽  
Theory Of Law

RESUMO:O presente artigo realiza um cotejo das alterações hermenêuticas contidas na reforma da CLT com as mudanças da teoria do direito do último século para demonstrar que os caminhos tomados pela CLT reformada estão na contramão da ciência jurídica. Para tanto, foram verificados (i) a localização do Direito do Trabalho na ciência jurídica; (ii) o alcance da separação entre direito público e direito privado na atualidade; (iii) o perfil legalista e positivista da CLT reformada; e (iv) o papel do Poder Judiciário na efetivação de direitos sociais fundamentais. Conclui-se pela inadequação da alteração inserida no artigo 8º da CLT, que pretende promover uma clausura hermenêutica no âmbito do Direito do TrabalhoABSTRACT:This article makes a confrontation of the hermeneutic changes contained in the labor reform bill and the changes in theory of law of the last century to demonstrate that the paths taken in said reform are contradictory to the Legal Sciences. Therefore, we verified (i) the location of Labor Law in the legal sciences; (ii) the scope of the separation between public law and private law at the present; (iii) the legalist and positivist profile of the reformed Labor Bill; and (iv) the role of the Judiciary in the implementation of fundamental social rights. It is concluded by the inadequacy of the amendment inserted in article 8 of the CLT, which intends to promote a hermeneutical closure in the scope of Labor Law.

scholarly journals The Civil Service Law System in Poland – Selected Issues

2018 ◽  
Vol 3 (1) ◽  
pp. 16-25
Author(s):  
Wojciech Drobny
Keyword(s):  
Civil Service ◽  
Service System ◽  
Labor Law ◽  
Administrative Law ◽  
Public Law ◽  
Historical Background ◽  
Private Law ◽  
Law System

The article refers to the topic of civil service law in Poland. It describes the organization of civil service system in comparison to other international solutions and it gives the historical background of how it has been evolving so far. Particularly it refers to the elements of its regime, the position and duties of the Polish Head of the Civil Service and rights and duties of the civil service corpus’ members. The author claims that the changes taking place in the area of this part of law are due to the domination of private law (labor law) over public law (administrative law). This tendency currently prevails in the western legislation.

Part A Annotated Guide, 6 Private Enforcement of the Market Abuse Regulation in European Law

2017 ◽  
Author(s):  
Busch Danny
Keyword(s):  
Administrative Law ◽  
Public Law ◽  
Private Enforcement ◽  
Private Law ◽  
European Law ◽  
Legal Systems ◽  
Market Abuse ◽  
Annotated Guide ◽  
Market Abuse Directive

This chapter discusses the role of the Market Abuse Regulation in private law. An infringement of the MAR has an important effect on the private law relations between the infringer and the investing public. As regulatory provisions of this nature are classified as public law, any failure to comply with the MAR will also affect the infringer’s relationship with the competent financial supervisor. In other words, the relevant financial supervisor can enforce these provisions under administrative law in the event of an infringement. This is essentially no different from the situation under of the Market Abuse Regulation’s predecessor—the (former) Market Abuse Directive (2003/6/EC), as implemented in the various national legal systems.

Advanced Introduction to Law and Development

2021 ◽  
Author(s):  
Mariana Mota Prado ◽  
◽  
Michael J. Trebilcock ◽  
Keyword(s):  
International Economic ◽  
Public Law ◽  
Private Law ◽  
Development Research ◽  
Legal Systems ◽  
Law And Development ◽  
Economic Relations ◽  
International Economic Relations ◽  
Recent Trends

In this thoroughly revised and updated second edition, Mariana Mota Prado and Michael J. Trebilcock offer a succinct and readable introduction to the main concepts and debates in the field of law and development. They examine the role of legal systems and institutions, investigate perceptions around what laws and legal arrangements encourage and facilitate development, and probe the issues arising in both private law and public law as well as in international economic relations. Written with the insight of two top experts in the field, this Advanced Introduction covers the most recent trends in law and development research and highlights areas that remain underexplored.

RIGHTS AND FUNDAMENTAL RIGHTS IN ENGLISH LAW

2016 ◽  
Vol 75 (1) ◽  
pp. 86-108
Author(s):  
Philip Sales
Keyword(s):  
Human Rights ◽  
Public Law ◽  
Fundamental Rights ◽  
European Convention ◽  
Private Law ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
English Law

AbstractThis paper examines the role of rights and fundamental rights in English public law and private law in recent times. It argues that the idea of fundamental rights has been more significant in the filed of public law and seeks to explain why. It compares the operation of domestic fundamental rights with the rights in the European Convention of Human Rights and suggests a methodology for identifying the existence and scope of the former. The paper considers the possible legal effects which might follow from repeal of the Human Rights Act 1998.

Security and Public Order in Polish Public Law

2017 ◽  
Vol 9 (1) ◽  
pp. 109-122
Author(s):  
Dariusz Brakoniecki
Keyword(s):  
Political Ideology ◽  
Public Law ◽  
Public Security ◽  
Public Order ◽  
Private Law ◽  
Law System ◽  
Private And Public ◽  
Scope Of Application ◽  
Substantive Law

In this paper the author discusses the position and role of security and public order in the Polish public law system. The division into public law and private law included is not the first. It is derived from the work of Ulpian, and was later included in the Digest of Justinian. Its further development, depending on the region, accepted political ideology and the philosophy of law, took on a different shape, determining the way of perceiving the law. It should be assumed that the concept of separation between public law and private law is the domain of substantive law, and its application is primarily found in scientific digressions. The considerations are of theoretical nature, pointing to the scope of application of the concept of security, which is wrongly equated with the concept of public order, in various legal acts ranging from acts in law and international law, through executive acts, to local law and internal ordinance regulations. These have recently shown a dramatic increase in the role of security and public order in the decision-makers and legislators conceptions. Despite the importance and demand for the good of public security and public order, which is at the same time one of the basic functions of public administration, the legislator has only presented this issue in a fragmented way, referring only to particular areas of law which, despite use by numerous judicators, still raise some doubts in respect of interpretation. In the area of the issue discussed, the author also points to the tendency of blurring the boundary between the sphere of public law and the sphere of private law, in particular by dislocating public service provision in the field of public security and order, to paid for services provided by private parties in this area. The result of this synthesis is a partial indication of the dangers resulting from differences in the constitutional guarantees of private and public law.

scholarly journals Interpretation in modern legal literature on the functioning of private and public law

2021 ◽  
pp. 258-263
Author(s):  
N. V. Teremtsova
Keyword(s):  
General Theory ◽  
Legal System ◽  
Public Law ◽  
Fundamental Rights ◽  
Traditional Theory ◽  
Private Law ◽  
Public And Private ◽  
Stage Of Development ◽  
Private And Public ◽  
Theory Of Law

The article is concerned with problem of interpretation the public and private law. At the beginning of the article the author describes the imperfection of approaches to differentiation.The article examines the topical issue of general theory of law, which contains a delicate phenomenon that has existed for a long time, but during all this time has not developed a common understanding of its basic parameters, and therefore remain controversial theoretical foundations for construction and operation. Its existence raises a number of very important questions about properties for the legal community. At the moment it is not possible to assert the presence of the same understanding of the essence of separation of the right to private and public. Different scientific schools actually offer his vision within the Ukrainian legal system and traditional doctrine. It would be wise to mention here at the present stage of development of legal matter, it is necessary to make some adjustments to the traditional theory of law, as well as some provisions of the law regarding the division of law into private and public. In brief each new field studied by scientists is a legal phenomenon, but when applying general theoretical conclusions to it, it is necessary to take into account the specifics of the object under study in terms of the general theory of law. To conclude a pattern that allows to establish two objectively independent branches of law, linking them to the manifestations of public and private foundations, and to represent the spread of rights to private and public, as it is not just a classification, but conceptual, concerning the most fundamental rights of each place and role in human life, its defined values, continues in the theory of law today. Keywords: public law, private law, legal system, legal science, branches of law. References

Realising the Public Potential of Corporate Law: Twenty Years of Civil Penalty Enforcement in Australia

2014 ◽  
Vol 42 (1) ◽  
pp. 1-22 ◽  
Author(s):  
Michelle Welsh
Keyword(s):  
Law And Economics ◽  
Public Law ◽  
The State ◽  
Corporate Law ◽  
Private Law ◽  
Primary Role ◽  
The Public ◽  
Enforcement Mechanisms ◽  
Civil Penalty

Traditionally corporate law has been viewed as having characteristics that are commonly associated with private law. Largely this view developed as a result of the “law and economics” scholarship which dominated the corporate law debate, especially in the United States, in the last quarter of last Century. While the traditional “law and economics” approach supports the view that corporate law should be treated as a branch of private law, and that the state should have no role in its enforcement, other scholars, particularly those that adopt a progressive approach, argue that corporate law has, and should be recognised as having characteristics that are usually associated with public law. Arguably, an area of Australian corporate law that displays characteristics that are usually associated with public law is the statutory directors’ duties and the civil penalty regime that supports them. This enforcement regime gives the state through the corporate regulator, standing to take court based proceedings to enforce what are in effect, contracts that established corporate governance structures. This article seeks to determine the appropriate role of a public regulator in these circumstances. The questions considered are: whose interests should the public regulator represent when it is tasked with the responsibility of enforcing the statutory directors’ duties that largely codify fiduciary and common law duties? Given that the duties are owed by directors to their company should the primary role of the public regulator be to represent the interests of the company, and its shareholders, who have suffered a loss as a result of the alleged contravention of the directors’ duties or should the primary role of the public regulator be to act in the interests of the members of the larger community? In these situations what are the interests of the larger community? Drawing on regulatory theory the argument advanced in this paper is that despite the fact that the statutory directors’ duties codify what are in effect private rights between directors and their companies, the primary role of a public regulator is not to utilise the enforcement mechanisms at its disposal in order to obtain compensation for companies who have suffered a loss. Rather, the regulator's primary role is to act in the interests of the larger community by utilising the enforcement mechanisms at its disposal strategically in order to encourage greater compliance.

scholarly journals International Labor Law in Relation to International and Private Law

Law and World ◽  
2021 ◽  
Vol 7 (3) ◽  
pp. 98-108
Keyword(s):  
International Law ◽  
Labor Law ◽  
Public Law ◽  
Private Law ◽  
Private International Law ◽  
International Labor Organization ◽  
International Labor Standards ◽  
International Labor ◽  
Relationship Of ◽  
The Relationship

The purpose of this article is to clarify the essence of international labor law (transnational labor law). This article presents and analyzes the relationship of international labor law with public international law and national labor law. The article also focuses on the possibility of considering it as a complex field. The article emphasizes the importance of introducing international labor law as a subject in higher education. The article quotes and discusses the opinions of various scholars regarding whether international labor law is a field of public law or private law, a sub-field of international law or private international law, etc. Subjects and sources of international labor law regulation were defined to determine the attitude towards a specific field of law. This article states that national labor law should be in line with the goals of the International Labor Organization to reduce social inequality, to regulate and protect labor and associated labor relations in accordance with international labor standards and universally recognized human rights. It has been suggested that while international labor law is a branch of public law, it is closely related to private law, in particular, to the national labor law. Other conclusions have been made in this article based on the research methods.

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