scholarly journals A APLICAÇÃO DA TEORIA DA FAILING FIRM DEFENSE NO BRASIL

Percurso ◽  
2019 ◽  
Vol 2 (29) ◽  
pp. 1
Author(s):  
Everton Das Neves GONÇALVES ◽  
Bruna Pamplona de QUEIROZ
Keyword(s):  
United States ◽  
Present Article ◽  
United States Of America ◽  
Competition Law ◽  
Social Function ◽  
The United States ◽  
Horizontal Merger ◽  
Merger Guidelines ◽  
Economic Law ◽  
The Social

RESUMO O presente artigo, por meio de método de abordagem dedutivo e, como auxiliar, o comparativo, bem como procedimento de análise bibliográfica e jurisprudencial, pretende demonstrar que a teoria norte-americana da Failing Firm Defense encontra aplicação no atual cenário de crise brasileira, ao possibilitar a aprovação de certos atos de concentração, normalmente, reprováveis ou sujeitos às restrições, pelo Órgão de proteção à concorrência, em razão da função social da empresa. Para isso, são estabelecidos determinados critérios encontrados nos precedentes e no Horizontal Merger Guidelines dos Estados Unidos que servem de base ao CADE à utilização da teoria em seus julgados, ainda que necessária a adaptação à realidade econômica do País. PALAVRAS-CHAVES: Direito Econômico; Antitruste; Concorrência; Legislação Falimentar; Crise; Failing Firm Defense. ABSTRACTThe present article, through the method of deductive approach and, as auxiliary, comparative, as well as the process of bibliographical and jurisprudential analysis, the proposals that demonstrate the American theory of the Defense of Low Companies, are in Increasing probability of competitions, normally reprehensible or subject to restrictions, by competition law, because of the social function of the company. The horizontal merger guidelines of the United States of America are not based on the United States Horizontal Fusion Guidelines. KEYWORDS: Economic Law; Antitrust; Competition; Bankruptcy Legislation; Crisis; Failing Firm Defense.

scholarly journals The colonial matrix of power: Image ontology and the question of blackness

2021 ◽  
Vol 77 (4) ◽  
Author(s):  
Itumeleng D. Mothoagae
Keyword(s):  
United States ◽  
South Africa ◽  
United States Of America ◽  
Black People ◽  
World Order ◽  
The United States ◽  
Global South ◽  
Black Theology ◽  
The Social ◽  
The World

The question of blackness has always featured the intersectionality of race, gender, sexuality and class. Blackness as an ontological speciality has been engaged from both the social and epistemic locations of the damnés (in Fanonian terms). It has thus sought to respond to the performance of power within the world order that is structured within the colonial matrix of power, which has ontologically, epistemologically, spatially and existentially rendered blackness accessible to whiteness, while whiteness remains inaccessible to blackness. The article locates the question of blackness from the perspective of the Global South in the context of South Africa. Though there are elements of progress in terms of the conditions of certain Black people, it would be short-sighted to argue that such conditions in themselves indicate that the struggles of blackness are over. The essay seeks to address a critique by Anderson (1995) against Black theology in the context of the United States of America (US). The argument is that the question of blackness cannot and should not be provincialised. To understand how the colonial matrix of power is performed, it should start with the local and be linked with the global to engage critically the colonial matrix of power that is performed within a system of coloniality. Decoloniality is employed in this article as an analytical tool.Contribution: The article contributes to the discourse on blackness within Black theology scholarship. It aims to contribute to the continual debates on the excavating and levelling of the epistemological voices that have been suppressed through colonial epistemological universalisation of knowledge from the perspective of the damnés.

The Care of the Defective in America

1913 ◽  
Vol 59 (244) ◽  
pp. 53-66
Author(s):  
Winifred Muirhead
Keyword(s):  
United States ◽  
Social Welfare ◽  
United States Of America ◽  
The United States ◽  
The People ◽  
The Social

In the United States of America each state has self-government and different laws, and the latter differ to an even greater extent than is the case between the laws of Scotland and England; consequently some states have progressed infinitely further than others in the laws and the application of these laws for the social welfare of the people.

scholarly journals Ageing-friendly communities and social inclusion in the United States of America

2012 ◽  
Vol 33 (1) ◽  
pp. 110-136 ◽  
Author(s):  
ANDREW E. SCHARLACH ◽  
AMANDA J. LEHNING
Keyword(s):  
United States ◽  
Older Adults ◽  
Social Capital ◽  
United States Of America ◽  
Social Inclusion ◽  
Basic Needs ◽  
The United States ◽  
Social Infrastructure ◽  
Significant Relationships ◽  
The Social

ABSTRACTSynthesising the social capital and ageing-friendly communities literature, this paper describes how efforts to make communities more ageing-friendly can promote social inclusion among older adults. Making existing communities more ageing-friendly involves physical and social infrastructure changes that enable older adults to pursue lifelong activities, meet their basic needs, maintain significant relationships, participate in the community in personally and socially meaningful ways, and develop new interests and sources of fulfilment. Such efforts can enhance bonding, bridging and linking capital, and thereby promote social inclusion. The authors discuss the link between ageing-friendly communities and social inclusion, and provide examples of programmes with potential to change existing communities into ones that promote the social inclusion of older adults.

A CROSS-CULTURAL STUDY ON RISK, UNCERTAINTY, AND INFORMATION

2010 ◽  
Vol 06 (02) ◽  
pp. 167-176
Author(s):  
YUMIKO NARA
Keyword(s):  
United States ◽  
Risk Management ◽  
United States Of America ◽  
Action Plan ◽  
The United States ◽  
Cross Cultural ◽  
Social Survey ◽  
Cross Cultural Study ◽  
The Social ◽  
The Impact

In this paper, the author aims to examine the differences in perception concerning the anxiety toward the risk among three countries — Japan, the United States of America and China. The anxiety, in this case, is triggered by uncertainty. This paper also intends to clarify the effect of information to improve people's risk management targeted on the respondents of the Chinese population focusing on earthquake disasters. The social survey using questionnaire has been carried out in order to obtain the needed quantitative data for my research project. It is interesting to conclude that both respondents in China and in the United States tend to accept the impact of uncertainty better. They have shown somewhat lower level of anxiety toward nineteen items of the risks as compared with that of the Japanese respondents. The significant effects on information designed as a part of the risk management action plan as well as the living sufficiency safeguard are clearly observed.

scholarly journals A LIMITAÇÃO DA REMUNERAÇÃO DO ADMINISTRADOR JUDICIAL DA FALÊNCIA E RECUPERAÇÃO JUDICIAL NA PERSPECTIVA DA PRESERVAÇÃO DA EMPRESA

2020 ◽  
Vol 1 (58) ◽  
pp. 544
Author(s):  
Manoel De Queiroz Pereira CALÇAS ◽  
Ruth Maria Junqueira De Andrade Pereira e SILVA ◽  
Thiago Munaro GARCIA
Keyword(s):  
United States ◽  
United States Of America ◽  
Economic Activity ◽  
Social Function ◽  
The United States ◽  
Historical Evolution ◽  
Foreign Law ◽  
Data Survey ◽  
Subsequent Reference

RESUMO Objetivo: O objetivo deste artigo é analisar a propositura da identificação de critérios objetivos de fixação da remuneração judicial; traçar uma evolução histórica do conceito de empresa, relacionando a distinção entre o papel do antigo síndico e a figura do administrador judicial; pesquisar os parâmetros da legislação brasileira, acompanhado da posterior referência ao direito estrangeiro e analisar casos brasileiros e a inconstância dos valores fixados a título de remuneração. Metodologia: A metodologia eleita seguiu uma abordagem indutiva por meio de um procedimento histórico, monográfico e comparativo, por meio do qual buscou-se analisar a legislação adotada pela Colômbia, Itália, França e Estados Unidos da América para refletir-se sobre a necessidade de adotar parâmetros mais específicos no que concerne à justa e adequada fixação da remuneração do administrador judicial na recuperação judicial. Resultados: Considerando o levantamento dos dados em torno da problemática sugerida neste artigo, a fixação da remuneração do administrador deve seguir critérios objetivos de modo a viabilizar a função social da empresa e o soerguimento desta, sem que ocorra o enriquecimento sem causa do auxiliar da Justiça. Contribuições: A principal contribuição deste estudo reside no apontamento de soluções que reflitam diretamente na manutenção dos empregos dos trabalhadores, protegendo-se os interesses dos credores, de modo a preservar a empresa e sua função social, além de promover o estímulo à atividade econômica. Palavras-chave: Recuperação judicial; falência; administrador; remuneração; razoabilidade. ABSTRACT Objective: To analyze the proposal for the identification of an objective criteria for setting judicial compensation; to trace a historical evolution of the company concept, relating the distinction between the role of the former liquidator and the figure of the judicial administrator; to research the parameters of Brazilian law accompanied by the subsequent reference to foreign law; and to analyze Brazilian cases and the inconsistency of the values set as compensation. Methodology:The chosen methodology followed an inductive approach by way of a historical, monographic and comparative procedure searching to analyze the legislation adopted by Colombia, Italy, France and the United States of America to reflect on the need to adopt parameters more specific regarding the fair and adequate setting of the compensation of the judicial administrator in the judicial recovery. Results: Considering the data survey on the issues suggested in this paper, the setting of the administrator's compensation must follow objective criteria in order to make the company's social function and uplift without the unjust enrichment of the Justice assistant. Contributions: The main contribution of this study lies in pointing out solutions that directly reflect the maintenance of workers' jobs and protect the interests of creditors in order to preserve the company and its social function, in addition to promoting the stimulus to economic activity. Keywords: Judicial reorganization; bankruptcy; administrator; compensation; reasonability.

scholarly journals COMPARATIVE ANALYSIS OF COMPETITION PROTECTION SYSTEMS IN EUROPEAN UNION AND UNITED STATES OF AMERICA

2019 ◽  
Vol 34 (1) ◽  
pp. 153-158
Author(s):  
Goce Galev
Keyword(s):  
United States ◽  
United States Of America ◽  
Competition Law ◽  
The United States ◽  
Basic Principles ◽  
Dominant Position ◽  
Sherman Act ◽  
Legal Provisions ◽  
Protection Systems ◽  
Abuse Of Dominant Position

The origin and basic principles of legislation concerning the restriction, prevention, distortion of competition, as well as the conduct of monopoly companies, and consequently the abuse of dominant position, should be sought in historical legal circumstances. The American and European competition protection systems have a common goal, and both systems seek to protect consumers, the free flow of goods and services on the market, and access to competitors' markets. However, given the different historical and economic-political circumstances, the material and procedural rules that are driving the systems of protection of competition differ significantly in their content, their application and their institutional set-up in general. The basic principles, doctrines, and methods of enforcing US competition law stem from the provisions of three legislative acts that, while broadly and broadly formulated, still contribute to the regulation of actions that restrict competition and illicit market monopolization. Namely, these are the Sherman Act passed in 1890, the Clayton Act and the law regulating the work of the Federal Trade Commission passed in 1914. At first glance, there seems to be a great similarity between Community competition law and that of the United States of America. However, a detailed analysis shows that Article 81 of Treaty of Rome, which prohibits agreements that prevent, restrict and distort competition and, consequently, price-fixing agreements and the first part of the Sherman Act, which prohibits trade restrictive agreements are almost incomparable. The same is true of Article 82, which prohibits abuse of dominant position and Article 2 of Sherman Act, which prohibits monopolization and the attempts to monopolize.The purpose of this paper is primarily to illustrate the differences, similarities of these two systems. The reason for this, lies in trying to determine how and to what extent economic and legal circumstances affect the choice of the system of protection of competition and, consequently, legal provisions and their application.

scholarly journals Diaspora Policies, Consular Services and Social Protection for Danish Citizens Abroad

2020 ◽  
pp. 143-160
Author(s):  
Romana Careja
Keyword(s):  
United States ◽  
United States Of America ◽  
Social Protection ◽  
The United States ◽  
Limited Attention ◽  
Social Rights ◽  
Key Informants ◽  
The United Kingdom ◽  
The Social ◽  
Main Factors

Abstract This chapter provides an overview of the policy infrastructure and key policies in place concerning the social rights of Danish citizens residing abroad. It builds on evidence from legal and administrative documents, on communications with key informants, as well as on existing studies and reports concerning the Danish Government’s approach to emigration and diaspora policies. Concrete cases for this study are five countries where the largest Danish diaspora concentrate: Sweden, Norway, Germany, the United States of America and the United Kingdom. It argues that reliance on supra-national agreements, previous rather negative public opinion about emigrants as well as the residence principle embedded in the qualifying conditions for social benefits are three main factors which explain the limited attention currently given by the Danish Government to diaspora policies, in particular the social protection of Danish citizens residing abroad.

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