scholarly journals Colegialidade, Integridade e Deliberação: os Precedentes e o Contraditório no Novo CPC

2016 ◽  
Vol 11 (1) ◽  
Author(s):  
Rafael Dilly Patrus
Keyword(s):  
Decision Making ◽  
Deliberative Democracy ◽  
Decision Process ◽  
Civil Procedure ◽  
Minas Gerais ◽  
Procedure Code ◽  
De Se ◽  
The Way

COLEGIALIDADE, INTEGRIDADE E DELIBERAÇÃO: OS PRECEDENTES E O CONTRADITÓRIO NO NOVO CPC  COLLEGIALITY, INTEGRITY AND DELIBERATION: JUDICIAL PRECEDENTS AND ADVERSARIAL PRINCIPLE IN THE NEW BRAZILIAN CIVIL PROCEDURE CODE  Rafael Dilly Patrus* RESUMO: Na conjuntura que se arma em torno do novo Código de Processo Civil, a questão relativa à forma como os tribunais decidem é elevada a uma posição de enorme relevância. O presente trabalho consiste em reflexão a respeito da ideia de deliberação para a produção e a prolação de decisões jurisdicionais colegiadas, em vista do sistema de precedentes vinculantes que se pretende implementar no ordenamento brasileiro. Conclui-se que, a despeito da necessidade de se conferir maior unidade aos acórdãos proferidos pelos tribunais, não se pode esvaziar a própria gênese do procedimento de tomada de decisões, o que abrange (ou deve abranger) não só o tipo de resultado e o contexto decisório, mas especialmente a intensidade das preferências daqueles que decidem. A divergência no curso da decisão não significa desatenção ao dever de integridade no decidir. PALAVRAS-CHAVE: Sistema de precedentes vinculantes. Colegialidade jurisdicional. Integridade. Democracia deliberativa. ABSTRACT: In light of the new Brazilian Civil Procedure Code, the question concerning the way courts decide is elevated to a position of enormous importance. This paper consists in a reflection on the idea of the role of deliberation in collegiate jurisdictional decisions, in view of the binding judicial precedents system to be implemented in Brazil. The conclusion is that, despite the need to bring greater unity to courts’ decisions, the essence of the decision-making procedure cannot be emptied, since it includes (or should include) not only a kind of decision and the decision process, but especially the intensity of the preferences expressed by those making the decision. Divergences in the decision process does not mean lack of attention to the duty to decide with integrity. KEYWORDS: System of binding precedents. Jurisdictional collegiality. Deliberative democracy. SUMÁRIO: Introdução. 1 O Sistema de Precedentes no Novo Código de Processo Civil. 2 Os Precedentes e o Perigo da Fuga da Jurisdição. 3 Os Precedentes e o Contraditório. Conclusão. Referências.* Mestre em Direito pela Universidade Federal de Minas Gerais (UFMG). Professor substituto de Direito Constitucional da Faculdade de Direito da Universidade Federal de Minas Gerais (UFMG), entre os anos de 2014 e 2015. Consultor Legislativo na Assembleia Legislativa do Estado de Minas Gerais. Vice-Presidente da Comissão de Estudos Constitucionais da Ordem dos Advogados de Minas Gerais (OAB-MG).

A autocomposição de conflitos na Câmara de Conciliação e arbitragem da Administração Federal: estudo do caso - UNIFESP x União

2019 ◽  
Vol 1 (1) ◽  
pp. 19-36
Author(s):  
Leila Cuéllar ◽  
Egon Moreira
Keyword(s):  
Public Administration ◽  
Civil Procedure ◽  
The Public ◽  
Procedure Code

The article analyses the role of the “Mediation Chambers” in the Public Administration, according to the Civil Procedure Code (2015) and the Mediation Act (2015). It examines the nature of such chambers, their operation and limits.

Current Features and Developments of Local Governance in Finland

2016 ◽  
pp. 304-327
Author(s):  
Hanna Vakkala ◽  
Jaana Leinonen
Keyword(s):  
Decision Making ◽  
Local Government ◽  
Deliberative Democracy ◽  
Citizen Participation ◽  
Local Governance ◽  
Point Of View ◽  
Process Efficiency ◽  
Structural Reforms ◽  
Local Democracy

This chapter discusses local governance renewals and the recent development of local democracy in Finland. Due to profound structural reforms, the role of municipalities is changing, which is challenging current local government processes, from management to citizen participation. Nordic local self-government is considered strong, despite of tightening state steering. Ruling reform politics and the increasing amount of service tasks do not fit the idea of active local governance with sufficient latitude for decision-making. To increase process efficiency, electronic services and governance have been developed nationally and locally, and solutions of eDemocracy have been launched to support participation. Developing participative, deliberative democracy during deep renewals creates opportunities but also requires investments, which create and increase variation between municipalities. From the point of view of local democracy, it becomes interesting how strong municipal self-governance and local governance renewals meet and how the role and status of municipalities are changing.

Democratic Perspectives on Interactive Political Leadership

2020 ◽  
pp. 41-58
Author(s):  
Eva Sørensen
Keyword(s):  
Decision Making ◽  
Political Participation ◽  
Political Leadership ◽  
Representative Democracy ◽  
Democratic Representation ◽  
The People ◽  
Input Legitimacy ◽  
The Way

Representative democracy is in transition in theory as well as in practice, and this transition affects the way we think about political leadership and democratic representation. New theories of democracy challenge traditional understandings of what it entails to represent the people, and a mushrooming of new forms of political participation destabilizes traditional views of the role of citizens in democratic decision-making. Chapter 4 shows how these theoretical and empirical developments, which are partially triggered by inherent tensions in democratic thought, promote a turn towards interactive forms of political leadership. Interactive political leadership can potentially alleviate the tensions in democratic thought and strengthen the input legitimacy of representative democracy in times of declining trust in politicians. A turn to interactive political leadership is no panacea. It triggers new dilemmas and challenges for elected politicians.

scholarly journals The Role of Public Interest Litigation in the Achievement of Sustainable Waste Management in Ethiopia

2018 ◽  
Vol 10 (12) ◽  
pp. 4735 ◽  
Author(s):  
Merhatbeb Gebregiorgs
Keyword(s):  
Waste Management ◽  
Public Interest ◽  
Command And Control ◽  
Civil Procedure ◽  
Environmental Tax ◽  
Sustainable Waste Management ◽  
Public Interest Litigation ◽  
Procedure Code ◽  
And Control

This research assessed the role of public interest litigation in the achievement of sustainable waste management in the Addis Ababa Administration (AAA) of Ethiopia. It employed a single country case-oriented comparative research design, and data triangulation was used to establish the validity of the findings. The research first shows Ethiopia’s commitment to sustainable waste management, implementing environmental tax and the command-and-control instruments of the polluter-pays principle and public interest litigation within the context of environmental justice. Secondly, it shows that public interest litigation is one of the innovative techniques in the struggle against waste mismanagement across all legal systems. Thirdly, it demonstrates the potential role of public interest litigation in Ethiopia in encouraging the federal and regional environmental protection and management organs to implement environmental tax and command-and-control instruments. Fourthly, it uncovers that public interest litigation is not fully compatible with the Civil Procedure Code of Ethiopia. Fifthly, it shows the failure of the judiciary system of Ethiopia to accommodate environmental courts and tribunals that flexibly and innovatively adopt public interest litigation. Sixthly, it reveals that, in Ethiopia, the scope of public interest standing is highly restrictive for Civil Society Organizations (CSO). Finally, it implies that the legal viability and administrative feasibility of environmental public interest litigation in Ethiopia is in its infancy, and its crystallization is partly contingent on the cautious review of the Civil Procedure Code and CSO laws and on greening the judiciary system.

Some Recent Proposals in the Sphere of Administrative Justice

1938 ◽  
Vol 32 (5) ◽  
pp. 926-931
Author(s):  
Kenneth C. Cole
Keyword(s):  
Decision Making ◽  
Separation Of Powers ◽  
Administrative Discretion ◽  
Administrative Management ◽  
Administrative Action ◽  
Complete Integration ◽  
General Rules ◽  
Rule Making ◽  
The Way

Among the problems touched upon by the President's Committee on Administrative Management is that of the role of administrative discretion in the governmental process. Both Professor Hart and Professor Cushman have contributed to the statement of, and have suggested solutions for, this problem.1 Professor Hart is concerned with the exercise of a rule-making discretion at the administrative level, and has ably defended the exercise of this type of decision-making by personnel under the control of the Executive rather than Congress. In other words, the mere fact that administrative action takes the form of general rules does not relate it functionally to the legislative department, and once the notion that rule-making is “legislation” in a separation-of-powers sense is got out of the way, the case for a complete integration of such powers under the control of the President can be pushed through to unqualified conclusion.

Coordination games, anti-coordination games, and imitative learning

2014 ◽  
Vol 37 (1) ◽  
pp. 90-91
Author(s):  
Roger A. McCain ◽  
Richard Hamilton
Keyword(s):  
Game Theory ◽  
Social Influence ◽  
Decision Process ◽  
Nash Equilibria ◽  
Coordination Games ◽  
Imitative Learning ◽  
Individual Decisions ◽  
The Way

AbstractBentley et al.'s scheme generates distributions characteristic of situations of high and low social influence on decisions and of high and low salience (“transparency”) of rewards. Another element of decisions that may influence the placement of a decision process in their map is the way in which individual decisions interact to determine the payoffs. This commentary discusses the role of Nash equilibria in game theory, focusing especially on coordination and anti-coordination games.

Functions of the Supervision Proceedings in the Civil Procedure

2016 ◽  
Vol 4 (2) ◽  
pp. 0-0
Author(s):  
Ирина Быкова ◽  
Irina Bykova
Keyword(s):  
Russian Federation ◽  
Civil Procedure ◽  
Comparative Methods ◽  
Procedure Code ◽  
Russian State ◽  
The Russian Federation ◽  
Correct Understanding ◽  
Modern Russian

In this article the author analyses correlation between terms tasks and aims of the civil procedure in whole and these ones of the supervision proceedings in particular. Addressing Soviet and modern Russian jurists’ opinions, the author based on contextual reading of the law rule of the Civil Procedure Code of the Russian Federation that determines aims and tasks of the civil procedure offers her own vision of correlation between the above-mentioned terms and supposes division into the main and additional tasks of the civil procedure. Named tasks of the civil procedure the author considers that determining functions of the civil procedure as means to complete these tasks is needed. Comparing other authors’ terms of the civil procedure function the author formulates her term of a function of the civil procedure. Moreover the question concerning possible synonym of terms: principles, tasks, aims and functions of the civil procedure is also considered. Concluding characterization of the civil procedure functions the author disserts about functions of each stage of the civil procedure, with a particular focus on optional stages of the civil procedure, one of which is the supervision proceedings. Based on functions of the supervision proceedings in the civil procedure the author divides such functions into check, regulatory, protecting, control and right-conferring functions. Employing in particular historic-legal and comparative methods of research, the author of this article characterizes each of the above-mentioned functions, also through determining tasks of each particular function of the supervision proceedings in the civil procedure. In conclusion the author writes that it’s necessity to determine the functions of the supervision proceedings in civil procedure for the purpose of correct understanding the role of the supervision proceedings in the civil procedure of the modern Russian State.

Optimization of Decision Making in Multilayer Networks: The Role of Locus Coeruleus

2008 ◽  
Vol 20 (12) ◽  
pp. 2863-2894 ◽  
Author(s):  
Eric Shea-Brown ◽  
Mark S. Gilzenrat ◽  
Jonathan D. Cohen
Keyword(s):  
Decision Making ◽  
Decision Process ◽  
Single Layer ◽  
Theoretical Work ◽  
Layer Model ◽  
Multilayer Networks ◽  
Reward Rate ◽  
Threshold Crossing ◽  
Single Layer Model

Previous theoretical work has shown that a single-layer neural network can implement the optimal decision process for simple, two-alternative forced-choice (2AFC) tasks. However, it is likely that the mammalian brain comprises multilayer networks, raising the question of whether and how optimal performance can be approximated in such an architecture. Here, we present theoretical work suggesting that the noradrenergic nucleus locus coeruleus (LC) may help optimize 2AFC decision making in the brain. This is based on the observations that neurons of the LC selectively fire following the presentation of salient stimuli in decision tasks and that the corresponding release of norepinephrine can transiently increase the responsivity, or gain, of cortical processing units. We describe computational simulations that investigate the role of such gain changes in optimizing performance of 2AFC decision making. In the tasks we model, no prior cueing or knowledge of stimulus onset time is assumed. Performance is assessed in terms of the rate of correct responses over time (the reward rate). We first present the results of a single-layer model that accumulates (integrates) sensory input and implements the decision process as a threshold crossing. Gain transients, representing the modulatory effect of the LC, are driven by separate threshold crossings in this layer. We optimize over all free parameters to determine the maximum reward rate achievable by this model and compare it to the maximum reward rate when gain is held fixed. We find that the dynamic gain mechanism yields no improvement in reward for this single-layer model. We then examine a two-layer model, in which competing sensory accumulators in the first layer (capable of implementing the task relevant decision) pass activity to response accumulators in a second layer. Again, we compare a version in which threshold crossing in the first (decision) layer elicits an LC response (and a concomitant increase in gain) with a fixed-gain version of the model. Here, we find that gain transients modeling the LC phasic response yield an improvement in reward rate of 12% to 24%. Furthermore, we show that the timing characteristics of these gain transients agree with observations concerning LC firing patterns reported in recent experimental studies. This provides converging evidence for the hypothesis that the LC optimizes processes underlying 2AFC decision making in multilayer networks.

scholarly journals A RESPONSABILIDADE SOCIAL DA EMPRESA E A CIDADANIA NA PARTICIPAÇÃO DEMOCRÁTICA

Percurso ◽  
2019 ◽  
Vol 2 (29) ◽  
pp. 261
Author(s):  
Leandro Souza ROSA
Keyword(s):  
Decision Making ◽  
Social Responsibility ◽  
Deliberative Democracy ◽  
Social Evolution ◽  
Ethical Responsibility ◽  
Democratic Participation ◽  
Decision Making Process ◽  
Democratic State ◽  
The Social

RESUMOEste artigo analisa a responsabilidade social e ética da empresa, que não se limita a gerar empregos e pagar impostos para criar o lucro, mas também participa ativamente da sociedade, já que o Estado possui uma demanda maior do que consegue suprir e as empresas podem desempenhar o papel de agentes de grandes transformações na vida dos indivíduos. Para tanto, examinou-se a concepção da função social no Estado Democrático de Direito, bem como o instituto da responsabilidade social, cujas diretrizes baseiam-se na cidadania por meio da participação democrática, de modo que o modelo que melhor se enquadraria nesse sistema é o da democracia deliberativa, conforme se demonstra. Assim, por meio de exemplos concretos, buscou-se demonstrar que a empresa pode desenvolver a participação democrática para se envolver no processo decisório e fomentar a evolução social. PALAVRAS-CHAVE: Empresa; Responsabilidade Social; Cidadania; Democracia. ABSTRACTThis article analyzes the social and ethical responsibility of the company, which not only generates jobs and pay taxes to create profit, but also actively participates in society, since the State has a greater demand than it can supply and companies can play the role of agents of great transformations in the life of individuals. For this, the conception of the social function in the Democratic State of Law, as well as the institute of social responsibility, whose guidelines are based on citizenship through democratic participation, was examined, so that the model that would fit best in this system is that of deliberative democracy, as demonstrated. Thus, through concrete examples, it was tried to demonstrate that the company can develop the democratic participation to be involved in the decision-making process and to foment the social evolution. KEYWORDS: Company; Social Responsibility; Citizenship; Democracy.

scholarly journals Individuals with ventromedial frontal damage have more unstable but still fundamentally transitive preferences

2018 ◽  
Author(s):  
Linda Q. Yu ◽  
Jason Dana ◽  
Joseph W. Kable
Keyword(s):  
Decision Making ◽  
Decision Maker ◽  
Decision Process ◽  
Healthy Controls ◽  
Rational Decision ◽  
Rational Choices ◽  
The Brain ◽  
Intransitive Preferences ◽  
Rational Decisions

AbstractThough the ventromedial frontal lobes (VMF) are clearly important for decision-making, the precise causal role of the VMF in the decision process has still not yet fully been established. Previous studies have suggested that individuals with VMF damage violate a hallmark axiom of rational decisions by having intransitive preferences (i.e., preferring A to B, B to C, but C to A), as these individuals are more likely to make cyclical choices (i.e., choosing C over A after previously choosing A over B and B over C). However, these prior studies cannot properly distinguish between two possibilities regarding effects of VMF damage: are individuals with VMF damage prone to choosing irrationally, or are their preferences simply more variable? We had individuals with focal VMF damage, individuals with other frontal damage, and healthy controls make repeated choices across three categories – artwork, chocolate bar brands, and gambles. Using sophisticated tests of transitivity, we find that, without exception, individuals with VMF damage made rational decisions consistent with transitive preferences, even though they more frequently exhibit choice cycles due to a greater variability in their preferences across time. That is, the VMF is necessary for having strong and reliable preferences across time and context, but not for being a rational decision maker. We conclude that VMF damage affects the noisiness with which value is assessed, but not the consistency with which value is sought.Significance statementThe VMF is a part of the brain that is thought to be one of the most important for preference-based choice. Despite this, whether it is needed to make rational choices at all is unknown. Previous studies have not discriminated between different possibilities regarding the critical necessary role that the VMF plays in value-based choice. Our study shows that individuals with VMF damage still make rational decisions consistent with what they prefer, but their choices are more variable and less reliable. That is, the VMF is important for the noisiness with which value is assessed, but not the consistency with which value is sought. This result has widespread implications for rethinking the role of VMF in decision-making.

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