scholarly journals Legal aspects of technical assistance in urban landholding regularization provided for in the Brazilian Law 11888/2008 and its impact in the state of Paraíba, Brazil

2019 ◽  
Vol 10 (2) ◽  
pp. 20-32
Author(s):  
George Baracuhy Cruz Viana ◽  
Edson Ricardo Saleme
Keyword(s):  
Low Income ◽  
Technical Assistance ◽  
Legal Aspects ◽  
The State ◽  
Sustainable Environment ◽  
Role Of The State ◽  
Deductive Method ◽  
Low Income Families ◽  
The Individual ◽  
The Right

This paper analyzes the role of the state in its mission of ensuring the existence of sustainable cities with adequate housing and meeting the standards set by current legal dictates. For this purpose, firstly, the right to housing guaranteed by the current Constitution, in its article 6 caput, is assessed as one of the most basic needs of the individual, considered a fundamental right since 1948 by the Universal Declaration of Human Rights. This paper also investigates the guarantee of decent housing for the citizen is effective, as provided for in the City Statute, Law No. 10257, 2001, especially with the publication of Law n. 11.888 /2008, which guarantees free public assistance in the project and construction of social housing for low-income families. This rule regulates the hiring of professionals who, while preserving their urban legislation, ensure compliance with an adequately sustainable environment. This article will use the hypothetical-deductive method and the bibliographic research methodology.  

Growth Patterns in Incremental Self-Build Housing in Chile

2009 ◽  
Vol 34 (4) ◽  
pp. 18-25 ◽  
Author(s):  
Rodrigo García Alvarado ◽  
Dirk Donath ◽  
Luis Felipe González Böhme
Keyword(s):  
Low Income ◽  
Information Transfer ◽  
Technical Assistance ◽  
Qualitative Reasoning ◽  
Growth Patterns ◽  
Small Community ◽  
Structured Interviews ◽  
Starting Point ◽  
Low Income Families ◽  
The Individual

Over the past three decades, a small community of eighty-four Chilean low-income families has built and improved their home incrementally, without any technical assistance, showing an impressive performance. A six square meters bathroom on a serviced plot of land with individual connection to potable water, sewerage, electricity and access roads, worked as a starting point back in 1974. However particular their rationale may seem, the individual history of their housing process reveals some general regularities in occurrence and duration of self-build activities, as well as size and allocation of the domestic spaces. A small random sample of fifteen households was selected to tell the story and explain the whys, hows, and whens of an ever-evolving housing process. Semi-structured interviews and building surveys were both combined to reconstruct the sequence of states of each housing process, with the awareness of the characteristic imprecision of oral information transfer. Alternative states were explored by constraint programming methods and spatial qualitative reasoning. Considering the hard constraints over the site morphology and services allocation, the results of the exploration stress how extraordinary lucid and intuitive the surveyed families are when making their design decisions. The article exposes a reconstructive case study on spontaneous growth patterns underlying an unassisted, incremental self-build housing dynamics.

On the issue of legal guarantees for employees during public or public duties

2020 ◽  
pp. 26-31
Author(s):  
Alexander Іanushkevych
Keyword(s):  
The State ◽  
The Other ◽  
Labor Rights ◽  
Main Body ◽  
Role Of The State ◽  
Effective Performance ◽  
The One ◽  
The Individual ◽  
The Right ◽  
Favorable Conditions

Problem setting. The article analyzes the features of legal guarantees provided for employees during the performance of state or public duties, considers their essence and significance. It is concluded that their presence, on the one hand, contributes to the quality and effective performance of their duties by a citizen, on the other – ensures the appropriate level of legality and compliance with c urrent regulations. Analysis of recent researches and publications. Some aspects of legal guarantees of labor rights in their publications covered the following scientists: S.Ya. Vavzhenchuk, T.M. Zavorotchenko, M.I. Inshin, V.L. Kostyuk, N.V. Kokhan, O.I. Protsevsky, O.A. Sytnytska, O.M. Yaroshenko, and others. The purpose of the article is to analyze the legal guarantees for employees during the performance of state or public duties, to reveal their essence and meaning. Article’s main body. The article is noted that the guarantees established by the state for employees during the performance of state or public duties (preservation of the place of work (position) and salary) are special protective equipment that supports and protects the employee in cases where he for reasons recognized by law respectable, did not work. The above-mentioned labor guarantees, which ensure the realization of the rights granted to employees, are both intangible (for example, preservation of the place of work, position) and material (preservation of average earnings). The purpose of the sums of money paid during this time is to en sure the preservation of the average earnings of the employee (in whole or in part), as well as to prevent the loss of these earnings. Thus, they are a form of realization of a legal guarantee of the right of employees to prevent the reduction or loss of their income and provide it by preserving the wages of employees, have a material nature. It is noted that the important role of the state in this matter. Whereas, in enshrining the rights and freedoms of the individual in law, he must undertake certain obligations to create favorable conditions for their effective provision: to provide citizens with real opportunities for the practical exercise of their rights and freedoms; to protect the rights and freedoms of the person from possible illegal encroachments; to protect the rights and freedoms of the person in case of their illegal violation. Conclusions and prospects for the development. After analyzing the features of legal guarantees provided for employees during the performance of state or public duties, we can note their importance and significance, especially today. Their presence, on the one hand, contributes to the quality and effective performance of their duties by a citizen, on the other hand, ensures the appropriate level of legality and compliance with the provisions of applicable regulations.

scholarly journals ASYLUM IN THE INTER-AMERICAN SYSTEM: A SOVEREIGN STATE LAW OR AN INHERENT RIGHT OF THE HUMAN PERSON?

2019 ◽  
Vol 4 (57) ◽  
pp. 1
Author(s):  
Sidney GUERRA
Keyword(s):  
Human Rights ◽  
Human Person ◽  
The State ◽  
Sovereign State ◽  
System A ◽  
Political Refugees ◽  
Deductive Method ◽  
National Perspective ◽  
The Individual ◽  
The Right

ABSTRACT Objective: The aim of this research is to present and discuss the paradox of the right of asylum for refugees, considering that on one hand there is a right of protection of the human being, giving priority to the fundamental values of freedom and the protection to be afforded to political refugees and persons persecuted for political reasons and, on the other hand, there is the prerogative and sovereignty of each State. Methodology: The research was developed in deductive method, in bibliographic research, through interpretation of scientific articles, studies and jurisprudence, also seeking a historical perspective, as well as the interpretation of Brazilian legislation, comparative law and international bodies such as the Inter-American Court of Human Rights, the Asylum Convention, signed in Havana in 1928, the Cartagena Declaration, the Caracas Convention of 1954 and others. Results: The study reaches the conclusion that the right to asylum still has a very incipient treatment, as it is still considered a right of the State and not the right of the individual, despite its essential purpose of protecting the individual, which is considered a contradiction. This paradox is more evident when the prerogative of the State to grant asylum or not is confronted with the Universal Declaration of Human Rights. Contributions: Undoubtedly, this matter is currently relevant as it deals with international human rights and the expectation of millions of migrants hoping to obtain an asylum. As a contribution, this article reports several difficulties associated with the granting of an asylum in the national perspective as well as international cases and all efforts exercised by international bodies in favor of the refugees. KEYWORDS: Right of asylum; territorial asylum; political asylum; Interamerican Human Rights Court. RESUMO Objetivo: O objetivo desta pesquisa é apresentar e discutir o paradoxo do direito de asilo para refugiados, considerando que, por um lado, há o direito à proteção do ser humano, priorizando os valores fundamentais da liberdade e da proteção à saúde, a ser concedido a refugiados políticos e pessoas perseguidas por razões políticas e, por outro lado, há a prerrogativa e a soberania de cada Estado. Metodologia: A pesquisa foi desenvolvida com método dedutivo, em pesquisa bibliográfica, através da interpretação de artigos científicos, estudos e jurisprudência, buscando também uma perspectiva histórica, bem como a interpretação da legislação brasileira, direito comparado e organismos internacionais como o Interamericano Tribunal Interamericano de Direitos Humanos, a Convenção de Asilo, assinada em Havana em 1928, a Declaração de Cartagena, a Convenção de Caracas de 1954 e outras. Resultados:O estudo conclui que o direito de asilo ainda tem um tratamento muito incipiente, pois ainda é considerado um direito do Estado e não um direito do indivíduo, apesar de seu objetivo essencial de proteger o indivíduo, o que é considerado um contradição. Esse paradoxo é mais evidente quando a prerrogativa do Estado de conceder ou não asilo é confrontada com a Declaração Universal dos Direitos Humanos. Contribuições: Sem dúvida, este assunto é relevante no momento, pois trata dos direitos humanos internacionais e da expectativa de milhões de migrantes que esperam obter um asilo pelos mais variados motivos. Como contribuição, este artigo relata várias dificuldades associadas à concessão de asilo em perspectiva nacional, bem como casos internacionais e todos os esforços exercidos por organismos internacionais a favor dos refugiados. PALAVRAS-CHAVE: Direito de asilo; asilo territorial; Asilo político; Corte Interamericana de Direitos Humanos.

scholarly journals Direito ao meio ambiente saudável: implicações do uso e acesso aos recursos naturais na perspectiva das políticas para mulheres no Brasil

2021 ◽  
Author(s):  
Maria Eliane Alves Sousa
Keyword(s):  
Social Inclusion ◽  
Legal Aspects ◽  
Healthy Environment ◽  
Sustainable Environment ◽  
Role Of The State ◽  
Institutional Cooperation ◽  
Women And Girls ◽  
The Right ◽  
Forms Of Violence

Resumo: Este artigo aborda os direitos de proteção das mulheres no contexto do meio ambiente. O objetivo é identificar, nas ações estratégicas do Plano Nacional de Políticas para Mulheres, a defesa ao acesso às fontes de energia eficientes e o combate às formas de violência contra as mulheres e meninas geradas por setores de grandes obras. Os Planos revelam que as mulheres são mais afetadas pela falta de acesso e insegurança quanto à disponibilidade e gestão sustentável da água e saneamento; e pela insegurança quanto ao acesso confiável, sustentável, moderno e a preço acessível à energia para todos, situações agravadas pelo mau uso dos recursos e mudanças climáticas. Os efeitos das grandes obras sobre as mulheres são o crescimento da prostituição e da violência, devido à exclusão do mercado de trabalho, deixando-as sem alternativas e mais vulneráveis. Conclui-se que, a defesa e garantia do direito ao meio ambiente saudável e sustentável, em relação aos aspectos legislativos e jurídicos é papel do Estado. A sociedade civil pode enfrentar atos que violam esse direito mediante, por exemplo, cooperação organizacional e institucional e ações educativas. Palavras-chave: direitos das mulheres, bioética, meio ambiente saudável, justiça social, combate à violência, inclusão social.Abstract: This article addresses women's protection rights in the context of the environment. The objective is to identify, in the strategic actions of the National Plan of Policies for Women, the defense of access to efficient energy sources and the fight against forms of violence against women and girls generated by sectors of major works. The Plans consider that women and girls are most affected by the lack of access and insecurity regarding the availability and sustainable management of water and sanitation; and insecurity as to reliable, sustainable, modern and affordable access to energy for all, situations aggravated by the misuse of resources and climate change. The effects of large companies on women are the growth of prostitution and violence, due to exclusion from the labor market, leaving them without alternatives and more vulnerable. It is concluded that the defense and guarantee of the right to a healthy and sustainable environment, in relation to legislative and legal aspects, is the role of the State. Civil society can face acts that violate this right through, for example, organizational and institutional cooperation and educational actions.  Keywords: women's rights, bioethics, healthy environment, social justice, combating violence, social inclusion.

THE VALUE OF LOVE IN THE SYSTEM OF FORMATION OF THE PROFESSIONAL MATURITY OF THE EDUCATOR

2020 ◽  
Vol 1 (10(79)) ◽  
pp. 12-18
Author(s):  
G. Bubyreva
Keyword(s):  
Russian Federation ◽  
The State ◽  
Educational Process ◽  
Wide Range ◽  
The Family ◽  
The Russian Federation ◽  
The Government ◽  
The Individual ◽  
The Right

The existing legislation determines the education as "an integral and focused process of teaching and upbringing, which represents a socially important value and shall be implemented so as to meet the interests of the individual, the family, the society and the state". However, even in this part, the meaning of the notion ‘socially significant benefit is not specified and allows for a wide range of interpretation [2]. Yet the more inconcrete is the answer to the question – "who and how should determine the interests of the individual, the family and even the state?" The national doctrine of education in the Russian Federation, which determined the goals of teaching and upbringing, the ways to attain them by means of the state policy regulating the field of education, the target achievements of the development of the educational system for the period up to 2025, approved by the Decree of the Government of the Russian Federation of October 4, 2000 #751, was abrogated by the Decree of the Government of the Russian Federation of March 29, 2014 #245 [7]. The new doctrine has not been developed so far. The RAE Academician A.B. Khutorsky believes that the absence of the national doctrine of education presents a threat to national security and a violation of the right of citizens to quality education. Accordingly, the teacher has to solve the problem of achieving the harmony of interests of the individual, the family, the society and the government on their own, which, however, judging by the officially published results, is the task that exceeds the abilities of the participants of the educational process.  The particular concern about the results of the patriotic upbringing served as a basis for the legislative initiative of the RF President V. V. Putin, who introduced the project of an amendment to the Law of RF "About Education of the Russian Federation" to the State Duma in 2020, regarding the quality of patriotic upbringing [3]. Patriotism, considered by the President of RF V. V. Putin as the only possible idea to unite the nation is "THE FEELING OF LOVE OF THE MOTHERLAND" and the readiness for every sacrifice and heroic deed for the sake of the interests of your Motherland. However, the practicing educators experience shortfalls in efficient methodologies of patriotic upbringing, which should let them bring up citizens, loving their Motherland more than themselves. The article is dedicated to solution to this problem based on the Value-sense paradigm of upbringing educational dynasty of the Kurbatovs [15].

THE SIGNIFICANCE OF THE NATIONAL ARCHIVE FUND FOR CULTURAL AND HISTORICAL HERITAGE

2018 ◽  
Vol 28 (7) ◽  
pp. 2417-2425
Author(s):  
Peter Peikov ◽  
Borana Hadjieva
Keyword(s):  
Financial Stability ◽  
National Archive ◽  
The State ◽  
Cultural Significance ◽  
Political Climate ◽  
Leading Role ◽  
Non Governmental Organizations ◽  
Role Of The State ◽  
Historical Heritage ◽  
The Individual

The present paper reveals the significance of the National Archival Fund for preservation of the historical and cultural memory of the Bulgarian nation and the formation of historical consciousness. The National Archives Fund is defined as the largest collection of documents with historical, scientific, social, economic, cultural significance as an essential part of the cultural and historical heritage of Bulgaria.It treasures documents about the history of thousands of institutions and prominent figures of the state, economy, culture and art, of ordinary citizens whose activity is historically important in one respect or another.The emphasis of the study is on the main factors determining the daily enrichment of the National Archival Fund with new documents. Among these key factors are development of documentaristics and archivistics, trends in social development, ideological and political climate, financial stability and attitude of the society as a whole, of the istitutional leaders and administrative heads, creating documents, in particular, of the non-governmental organizations and even of the individual citizen to the problems in the field of archivistics.In the focus of the paper as well is the leading role of the state archives for the formation of the National Archival Fund of Bulgaria and the opportunities for cooperation with museums, libraries, community centers and other institutions of memory working with the same purpose and vision.

Reflections on Institutional Cosmopolitanism

2018 ◽  
Author(s):  
Richard Beardsworth
Keyword(s):  
The State ◽  
Nuclear Disarmament ◽  
Global Policy ◽  
Mitigation And Adaptation ◽  
Political Purpose ◽  
Role Of The State ◽  
Agents Of Change ◽  
The Individual ◽  
Change Mitigation

With its moral commitment to the individual, cosmopolitanism has often downplayed the role of the state in cosmopolitan commitments and their practices. There is, however, emerging concern to put the state back into cosmopolitan concerns. This chapter argues that two outstanding reasons for this intellectual move are of an institutional and political nature. First, despite the recent pluralization of global actors, states remain the major agents of change within a (post-Western) system of states; both the moral and political purpose of the state should therefore be aligned with global imperatives. Second, a clearly formulated “marriage” between the global and the national is required to line up institutional motivation for enlightened global policy. This chapter argues, accordingly, for cosmopolitan state responsibilities toward the provision of global public goods (examples include nuclear disarmament, climate change mitigation and adaptation, and sustainable development).

Reflections on the existence of the science of criminal law

2021 ◽  
pp. 156-161
Author(s):  
I. Mytrofanov
Keyword(s):  
Social Justice ◽  
Public Relations ◽  
Criminal Law ◽  
The State ◽  
Crime And Punishment ◽  
Self Defense ◽  
Illegal Acts ◽  
The Subject ◽  
The Individual ◽  
The Right

The article states that today the issues of the role (purpose) of criminal law, the structure of criminal law knowledge remain debatable. And at this time, questions arise: whose interests are protected by criminal law, is it able to ensure social justice, including the proportionality of the responsibility of the individual and the state for criminally illegal actions? The purpose of the article is to comprehend the problems of criminal law knowledge about the phenomena that shape the purpose of criminal law as a fair regulator of public relations, aimed primarily at restoring social justice for the victim, suspect (accused), society and the state, the proportionality of punishment and states for criminally illegal acts. The concepts of “crime” and “punishment” are discussed in science. As a result, there is no increase in knowledge, but an increase in its volume due to new definitions of existing criminal law phenomena. It is stated that the science of criminal law has not been able to explain the need for the concept of criminal law, as the role and name of this area is leveled to the framework terminology, which currently contains the categories of crime and punishment. Sometimes it is not even unreasonable to think that criminal law as an independent and meaningful concept does not exist or has not yet appeared. There was a custom to characterize this right as something derived from the main and most important branches of law, the criminal law of the rules of subsidiary and ancillary nature. Scholars do not consider criminal law, for example, as the right to self-defense. Although the right to self-defense is paramount and must first be guaranteed to a person who is almost always left alone with the offender, it is the least represented in law, developed in practice and available to criminal law subjects. Today, for example, there are no clear rules for the necessary protection of property rights or human freedoms. It is concluded that the science of criminal law should develop knowledge that will reveal not only the content of the subject of this branch of law, but will focus it on new properties to determine the illegality of acts and their consequences, exclude the possibility of using its means by legal entities against each other.

scholarly journals Sharia Hisba and public lawsuit: An original study comparing Sharia and Libyan law

2021 ◽  
Vol 10 (1) ◽  
pp. 150
Author(s):  
Salem Salem Juber ◽  
Muhammad Awad Saker
Keyword(s):  
Original Study ◽  
The State ◽  
Public Order ◽  
Public Prosecution ◽  
The Public ◽  
Case System ◽  
Institutional System ◽  
The Individual ◽  
The Right ◽  
Coherent Body

The Sharia Hisba is an integrated Islamic system of pillars and construction whose theme is enjoining good and forbidding evil, and aims at stabilizing societies and the supremacy of virtue and high morals in it, and rejecting vice and bad morals from it. The legal public prosecution system is an accusatory system that seeks to safeguard the right of the state and the right of the individual to the public order to ensure a society free from apparent crimes, and a regular picture of the state and individuals is formed in a coherent body without chaos. The Hisba system is a symbiotic social system that moves through the community’s control of the community, while the public case system and its tools from the Public Prosecution and other institutions is a deterrent institutional system that moves in the light of the law and deals in accordance with its principles and limits.

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