scholarly journals Analysis of alternative means of resolving transit disputes in Ecuador

2021 ◽  
Vol 5 (39) ◽  
Author(s):  
Jorge Tubón
Keyword(s):  
Conflict Resolution ◽  
Comprehensive Investigation ◽  
Administration Of Justice ◽  
Alternative Means ◽  
Traffic Processes

The alternative means of conflict resolution in traffic matters establish a comprehensive investigation in which the dedication is shown in these alternative traffic processes and that allow an amendment legally. Nowadays in some processes, the causes are expanded or delayed stimulating that they are interrupted and collapse in some cases the administration of justice. It is also estimated that corruption processes coexist with sponsorships of some justice operators in many of the Judicial Units.

scholarly journals The Role of the Conciliator in the Special Civil Special Court at the 4th Special Civil Court of Macapá-AP, Amazon, Brazil

2021 ◽  
pp. 80-92
Author(s):  
Dalk Dias Salomão Neto ◽  
Nicole Moreira Faria Sousa ◽  
Carla Viana Dendasck ◽  
Amanda Alves Fecury ◽  
Euzébio de Oliveira ◽  
...  
Keyword(s):  
Conflict Resolution ◽  
Partial Solution ◽  
Historical Evolution ◽  
New Paradigm ◽  
Efficient Process ◽  
Civil Court ◽  
The Face ◽  
Alternative Means ◽  
Great Possibility

Due to numerous social problems, justice began to be more requested by society. There was an urgent need for a new paradigm, with the creation of special courtcases, based on conciliation, as an alternative means of conflict resolution as a partial solution. The special courts have evolved a great deal since its creation, through law 9.099/95, which proved extremely important for the reorganization of justice, in the face of the great demands of lawsuits. The objective of this work was to analyze the role of the conciliator in the special virtual civil court in the 4avara of the special civil court of Macapá AP, Amazon, Brazil. It is concluded that there was a historical evolution of the special justices, from its implementation through law 9.099/95 to the construction of its principles such as procedural speed, informality and, all pointing to the realization of a faster and more efficient process. PROJUD and TUCUJURIS by computerizing the special courts seem to be important in the modernization of the process, making them simpler, faster and accessible to all and thus following the world’s technological trends. Special courts as a whole should seek to invest more and more in conciliators and actions aimed at conciliation, such as state and national conciliation weeks, because thus, there will be a great possibility that cases in the judiciary gain greater fluency.

scholarly journals Dejudicialization and Proceduralism Based on the Nature of Conflicts and According to the Brazilian Constitution

2021 ◽  
Vol 13 (13) ◽  
pp. 341-356
Author(s):  
Fernando Gonzaga Jayme ◽  
Victor Barbosa Dutra
Keyword(s):  
Conflict Resolution ◽  
Civil Society ◽  
Social Development ◽  
Dispute Resolution ◽  
Due Process ◽  
The State ◽  
Access To Justice ◽  
Conflict Processing ◽  
Alternative Means ◽  
Approach Method

The objective of this paper is to show that Access to Justice is a broader concept than Access to the Judiciary. Apart from the movements for access to justice, it is the intention to prove that the Alternative Means of Dispute Resolution and the studies of Conflict Perspective are equally relevant, having in mind that they both defend a plurality of conflict processing institutions (state or not), based on the hypothesis that dejudicialization is an important way to strengthen institutions and promote economic and social development. Therefore, the deductive approach method was used in conjunction with the propositional-juridical method to demonstrate that the exhaustion of the state-owned model in solving conflicts shows that it is possible (and necessary) to develop the Proceduralism beyond the scope of the Judiciary, in order to institutionally expand forms of conflict resolution in civil society. From this, the concept of Proceduralism arises, interconnected with the due process and which is also suitable for the out-of-court ways of dispute resolution, in order to achieve adequate, effective and due process protection, so that pacification is carried out along the lines of constitutional guarantees, with constitutional procedurality also acting on the unjudicialized means of resolving conflicts.

Online Dispute Resolution for Consumers in Portugal and in the European Union

2016 ◽  
pp. 128-146
Author(s):  
Fernando Viana ◽  
Francisco Pacheco Andrade
Keyword(s):  
European Union ◽  
Conflict Resolution ◽  
Dispute Resolution ◽  
Information Society ◽  
State Courts ◽  
Access To Justice ◽  
The European Union ◽  
European Level ◽  
Online Dispute Resolution ◽  
Administration Of Justice

Administration of Justice became complex in Consumers and Information Society. It is necessary to look for new solutions for the increasing situations of consumer's litigation. Traditional State Courts are not a solution due to their slow, heavy and costly ways of functioning. The way is clearly open for Arbitration Centers based in friendly mechanisms such as mediation, concilitation and arbitration. Regulation EU nr. 524/2013 of European Parliament and Council of the 21st of May on online consumer's conflict resolution has as aim the creation of a conflict resolution platform at european level. We propose to analyze the Regulation and its implications and to show the functioning of the platform that is being developped and that should be available for both for consumers and corporations from 9th January 2016 on. It will be analyzed the new requirements of access to Justice in the field of Consumer's conflicts, the new ADR Directive and the regulation on ODR in order to meet the challenges brought along by the introduction of the new platform for conflict resolution.

scholarly journals Aspectos Polêmicos da Mediação Judicial Brasileira: uma Análise à luz do Novo Código de Processo Civil e da Lei da Mediação

2015 ◽  
Vol 10 (3) ◽  
Author(s):  
Karime Silva Siviero
Keyword(s):  
Conflict Resolution ◽  
Legal Framework ◽  
Civil Procedure ◽  
Alternative Methods ◽  
Access To Justice ◽  
Educational Tool ◽  
Espírito Santo ◽  
Administration Of Justice ◽  
Espirito Santo ◽  
Shed Light

ASPECTOS POLÊMICOS DA MEDIAÇÃO JUDICIAL BRASILEIRA: UMA ANÁLISE À LUZ DO NOVO CÓDIGO DE PROCESSO CIVIL E DA LEI DA MEDIAÇÃO CONTROVERSIAL ASPECTS OF JUDICIAL MEDIATION IN BRASIL: AN ANALYSIS IN THE LIGHT OF THE NEW BRAZILIAN CODE OF CIVIL PROCEDURE AND OF THE MEDIATION LAW             Karime Silva Siviero* RESUMO: Os debates mais recentes sobre a ineficiência do Judiciário lançaram luz sobre a importância dos meios alternativos de tratamento dos conflitos na administração da Justiça. Com o objetivo de recobrar o passo rumo aos ideais modernos de pacificação social, o legislador brasileiro finalmente normatizou a mediação no novo Código de Processo Civil e na recém-sancionada Lei de Mediação (Lei n.º 13.140/2015). Nessa linha, o presente artigo objetiva abordar as inovações trazidas pelos marcos legais da mediação à luz das exigências intrínsecas do instituto analisado. Tenciona-se demonstrar que a mediação judicial poderá se converter em importante ferramenta de educação dos jurisdicionados para a autonomia cidadã, além de servir de baliza de contenção para o arbítrio dos magistrados na condução dos processos. Não se pretende, obviamente, esgotar a análise de todas as questões relacionadas à institucionalização da mediação, mas apenas lançar luz sobre pontos importantes relacionados ao tema. PALAVRAS-CHAVE: Mediação de conflitos. Novo Código de Processo Civil. Lei de Mediação. Acesso à justiça. ABSTRACT: The latest debates on the inefficiency of the judiciary shed light on the importance of the alternative methods of conflict resolution in the administration of justice. In order to recover step towards the modern ideals of social pacification, the Brazilian legislature finally regulated the judicial mediation in the new Brazilian Code of Civil Procedure, as well as in the recently sanctioned Mediation Law (Law no. 13140 / 2015). Therefore, this paper aims to analyze the innovations brought by the legal framework in the light of requirements intrinsic to the analyzed institute. It is intended to demonstrate that judicial mediation may become an important educational tool of the subjected to jurisdiction for citizen autonomy, besides serving as a barrier to the arbitrariness of judges in the conduct of proceedings. It is not intended, obviously, to exhaust the analysis of all issues related to the institutionalization of mediation, but only to shed light on important points related to the theme. KEYWORDS: Judicial mediation. New Brazilian Code of Civil Procedure. Mediation Law. Access to Justice.* Mestra em Direito pela Universidade Federal do Espírito Santo – UFES. Graduada em Direito pela mesma instituição. Coordenadora do Núcleo de Prática Jurídica da Universidade Vila Velha – UVV/ES. Tem experiência na área de Direito, com ênfase em Direito Civil, Direito Processual Civil e Direito do Trabalho.

scholarly journals Public Policy Defense and the Arbitrability of Competition Disputes Under the Philippine Arbitration Regime

2020 ◽  
Vol 4 (1) ◽  
pp. 79
Author(s):  
James Gregory Alcaraz Villasis
Keyword(s):  
Public Policy ◽  
State Policy ◽  
Competition Law ◽  
The Philippines ◽  
Policy Issues ◽  
The Public ◽  
Administration Of Justice ◽  
The Us ◽  
Alternative Means ◽  
Recognition And Enforcement

The arbitrability of anti-competition disputes in the Philippines remains to be tested. It is since the Philippine Competition Act is relatively at its infancy, and cases are yet to be brought before the courts. This area entails much complexity considering that competition disputes are by nature imbued with public policy concerns, a mandatory exception for arbitration. This paper aims to examine the arbitrability of competition disputes under the Philippine domestic arbitration regime. After conducting an examination of cases and literature both in the Philippines and abroad, the paper argues that the Philippines may consider the US and French positions as to the arbitrability of competition disputes despite the presence of various public policy concerns. The public policy issues should only be taken into consideration when an arbitral award is brought before judicial bodies for recognition and enforcement and should not bar domestic arbitral bodies from taking cognizance of these disputes. It is to accommodate the state policy regarding alternative means of settling disputes such as arbitration in rendering speedy administration of justice. Whenever an award is granted, the same will be subject to court's intervention for recognition with due respect to the public policy concerns. In so doing, arbitration is being promoted without sacrificing the competition law policy of the Philippines.

Hexachlorobenzene toxicity in the rat ovary: II. Ultrastructure induced by medium (10 mg/kg) dose exposure

1992 ◽  
Vol 50 (1) ◽  
pp. 668-669
Author(s):  
Amreek Singh ◽  
Warren G. Foster ◽  
Anna Dykeman ◽  
David C. Villeneuve
Keyword(s):  
Germ Cells ◽  
Primordial Germ Cells ◽  
Surface Epithelium ◽  
Morphological Parameters ◽  
Comprehensive Investigation ◽  
Ovary Surface Epithelium ◽  
Rat Ovary ◽  
High Doses

Hexachlorobenzene (HCB) is a known toxicant that is found in the environment as a by-product during manufacture of certain pesticides. This chlorinated chemical has been isolated from many tissues including ovary. When administered in high doses, HCB causes degeneration of primordial germ cells and ovary surface epithelium in sub-human primates. A purpose of this experiment was to determine a no-effect dose of the chemical on the rat ovary. The study is part of a comprehensive investigation on the effects of the compound on the biochemical, hematological, and morphological parameters in the monkey and rat.

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