scholarly journals A Pandemia Covid-19 e o Estado de Emergência em Portugal: Breves Considerações Sobre Políticas Públicas

2020 ◽  
Vol 14 ◽  
pp. 33-45
Author(s):  
Leandro Berenguer ◽  
◽  
Keyword(s):  
Civil Society ◽  
Public Policies ◽  
Third Republic ◽  
Theoretical Framework ◽  
The State ◽  
Fundamental Rights ◽  
Top Down ◽  
State Of Emergency ◽  
The Third ◽  
First Time

The COVID-19 pandemic prompted States to adopt exceptional measures to contain their spreads rates and therefore mitigate their effects. In Portugal there was a need to resort to the figure of the state of emergency, being used for the first time since the foundation of the third Republic. To respond to a situation of public calamity, the suspension, albeit partial, of fundamental rights, freedoms and guarantees was used, adopting measures with repercussions in the most varied areas of civil society. Based on the security context of a State, this article intends to analyse the declarations of the state of emergency in Portugal in the light of the theoretical framework of public policies, reflecting on the process of implementing the state of emergency. To this end, the top-down and bottom-up approaches are placed in confrontation as the main theories of public policies implementation in the analysis of the unprecedented political context in Portugal.

scholarly journals ENTIDADES DO TERCEIRO SETOR: PARTICIPAÇÃO DEMOCRÁTICA NAS PARCERIAS COM O PODER PÚBLICO

2020 ◽  
Vol 25 (1) ◽  
pp. 204-221
Author(s):  
Ocimar Barros de Oliveira ◽  
Walkiria Martinez Heinrich Ferrer
Keyword(s):  
Civil Society ◽  
Public Space ◽  
Public Policies ◽  
Third Sector ◽  
The State ◽  
Negative Consequences ◽  
Jürgen Habermas ◽  
The Third ◽  
Jurgen Habermas ◽  
The Third Sector

O presente trabalho aborda a participação democrática nas políticas públicas pelas denominadas entidades do terceiro setor, organizadas e administradas pela sociedade civil e suas relações com o Estado na implementação de atividades de interesse público e auxílio de implementação das políticas públicas. A escolha do tema reflete na importância de se analisar esta relação frente às teorias democráticas, em especial a teoria da democracia participativa, bem como os efeitos positivos e negativos oriundos desta relação.  Tem-se por objetivo, na primeira parte do trabalho, definir e identificar as entidades que integram o terceiro setor e a importância das relações existentes entre tais entidades e o Estado, para a consolidação da democracia. Na segunda parte, identificar algumas atividades de utilidade pública realizadas pelas entidades do terceiro setor e relevância para a efetivação de políticas públicas. No terceiro momento, é realizada uma análise das consequências positivas e/ou negativas nas relações entre tais entidades do terceiro setor e o Estado. O método de abordagem utilizado é dedutivo, combinado com os métodos de pesquisa bibliográfico e documental.  Em conclusão, percebe-se a importância da democracia participativa, no contexto de organização da sociedade civil, criando instituições capazes de ocupar o espaço público e auxiliar na tomada de decisões políticas dialogadas, dentro da concepção da teoria discursiva de Jürgen Habermas. Contudo, há que se traçar uma linha demarcatória visível entre Estado e entidades do terceiro setor, ante aos perigos de captura de interesses e de desvirtuamento do processo democrático que podem advir desta relação. Palavras-chave: Democracia. Poder público. Terceiro setor.  This paper approaches the democratic participation in public policies by the entities denominated as the third sector – which are organized and administrated by the civil society – and its relationships with the government in implementing public interest activities and helping in the application of public policies. The importance of choosing the subject reflects on the relevance of analyzing that relationship based on the democratic theories, especially the participatory democracy theory, as well as the positive and negative effects from such relation. The goal, in the first part of this study, is to define and identify the entities that constitute the third sector and the importance of the existing relations among those entities and the State for the consolidation of democracy. In the second part, the objective is to point out some utility services carried out by third sector entities and its relevance for the fulfillment of public policies. Afterwards, it has been conducted an analysis of the positive and/or negative consequences regarding the relationships among the afore mentioned entities and the State. The method of approach that has been used is deductive, in combination with a bibliographic and document analysis. In conclusion, there can be noticed the importance of participatory in the context of the organization of civil society, originating institutions capable of occupying the public space and assisting in the making of dialogical political decisions, within the conception of the discursive theory of Jürgen Habermas. However, it is necessary to draw a visible line of demarcation between the State and third sector entities, given the dangers of capturing interests and distorting the democratic process that may result from this relationship. Keywords: Democracy; Public Power; Third sector. 

scholarly journals Powers and Limits of State during COVID-19 Pandemic: a Critical Appraisal

Yuridika ◽  
2021 ◽  
Vol 36 (3) ◽  
pp. 663
Author(s):  
Iwan Satriawan ◽  
Devi Seviyana
Keyword(s):  
Rule Of Law ◽  
House Of Representatives ◽  
Critical Appraisal ◽  
Balance Of Power ◽  
The State ◽  
Fundamental Rights ◽  
State Of Emergency ◽  
The Rule Of Law ◽  
Power Limits ◽  
The Government

The research aims to analyze the power and limit of the state and whether Indonesia has properly adopted the concept of powers and limits during state emergency of COVID-19 pandemic. The method of the research was normative legal research which used statute and case approach were employed for data analysis. The result shows that a state may apply some types of power in an emergency condition. However, in using its powers, the government must consider principle of limits in a state of emergency. In fact, Indonesia does not properly adopt the balance of power and limit in the state of emergency during COVID-19 pandemic. It is true that the government may take actions to respond to the COVID-19 pandemic. However, the State cannot exceed the limitations of using powers in accordance with state emergency principle. There was a tendency to exceed the limits by the State during the pandemic. The State has violated some state of emergency principles during COVID-19 pandemic such as temporary, the rule of law, necessity, proportionally, intangibility, constitutionalism, harmony, and supervision. The research recommends that the Government and the House of Representatives (the DPR) in the future should obey the state of emergency principles, particularly in terms of state power limits to respect constitutional principles and rule of law. In addition, individuals, groups of people, or organizations may submit judicial review of laws or regulations that violate the state of emergency principles in handling pandemic in the light of protecting the fundamental rights of citizens.

scholarly journals Advocacy as a tool for the realization of the fundamental right of a person to professional legal assistance

2021 ◽  
Vol 66 ◽  
pp. 240-243
Author(s):  
P. Badzeliuk
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
Legal Status ◽  
Legal Profession ◽  
The State ◽  
Fundamental Rights ◽  
Access To Justice ◽  
Legal Assistance ◽  
The Right ◽  
Legal Entities

This article is devoted to the study of the implementation of the fundamental right of a person to professional legal assistance through the vectors of influence of the bar, the role of the human rights institution in the mechanism of such a right and its place in public life.An effective justice system provides not only an independent and impartial judiciary, but also an independent legal profession. Lawyers play an important role in ensuring access to justice. They facilitate the interaction between individuals and legal entities and the judiciary by providing legal advice to their clients and presenting them to the courts. Without the assistance of a lawyer, the right to a fair trial and the right to an effective remedy would be irrevocably violated.Thus, the bar in the mechanism of protection of human and civil rights and freedoms is one of the means of self-limitation of state power through the creation and active functioning of an independent human rights institution, which is an active subject in the process of fundamental rights. The main constitutional function of the state is to implement and protect the rights and freedoms of man and citizen, and the constitutional and legal status of the legal profession allows it to actively ensure the rights of civil society as a whole and not just the individual. Effectively implement the human rights function of the state by ensuring proper interaction between the authorities and civil society, while being an active participant in the law enforcement mechanism and occupying an independent place in the justice system.Thus, the activities of lawyers are a complex manifestation of both state and public interest. After all, it is through advocacy and thanks to it that the rule of law realizes the possibility of ensuring the rights and freedoms of its citizens. Advocacy, on the one hand, has a constitutionally defined state character, and on the other hand, lawyers should be as independent as possible from the state in order to effectively protect citizens and legal entities from administrative arbitrariness. Thus, the bar is a unique legal phenomenon that performs a state (public-law) function, while remaining an independent, non-governmental self-governing institution.

scholarly journals Lotniska komunikacyjne w Polsce po 1918 roku

2020 ◽  
Vol 147 (3) ◽  
pp. 569-596
Author(s):  
Janusz Kaliński
Keyword(s):  
Interwar Period ◽  
Third Republic ◽  
The State ◽  
Rapid Expansion ◽  
Fourfold Increase ◽  
Passenger Traffic ◽  
The Third ◽  
The North ◽  
North Eastern ◽  
History Of

Communication airports in Poland after 1918 The history of communication airports coincides with the century-long existence of the reborn Polish State, because it was only after 1918 that the first airports adapted to passenger traffic were established in the country. Two periods of their development deserve particular attention: the interwar period, in which the communication aviation was born, and the time after 2004, when its rapid expansion was noted. The establishment and development of the communication aviation of the Second Polish Republic was strongly associated with the statist policy aimed at modernizing the state. This is evidenced by the construction of airports in Warsaw, Gdynia, Katowice, Łódź and Vilnius, whose activities have helped to integrate the country after the years of partitions. In People’s Poland, civilian communication was based on a network of military airports, which was supplemented with a new airport in Gdańsk-Rębiechów. Large areas of the north-eastern voivodeships were excluded from air connections and timid attempts to overcome these disproportions only appeared in the Third Republic of Poland in the form of airports in Lublin and Radom. The fourfold increase in the number of passengers served by Polish airports in 2004–2016 was an unquestionable phenomenon influenced by the Open Sky policy.

scholarly journals CONSTITUTIONALISM AND JUDICIALIZATION OF POLITICS: THE “JUDICIAL” RIGHT TO HEALTHCARE IN BRAZIL

2015 ◽  
Vol 3 (3-4) ◽  
pp. 358-393
Author(s):  
Bruno Irion Coletto ◽  
Pedro Da Silva Moreira
Keyword(s):  
Public Policy ◽  
Public Policies ◽  
Public Debate ◽  
The State ◽  
Fundamental Rights ◽  
Scarce Resources ◽  
The Public ◽  
Critical Understanding ◽  
The Right ◽  
The Way

The right to healthcare in Brazil is seriously protected by the courts. Judicialization of everyday implementation of this public policy is a fact. One explanation may be provided by the way judges understand the effectiveness of this right. People hold subjective right to individualized healthcare benefits, and so they hold standing to sue the state in order to achieve it, regardless any consideration of public policies. Through an analysis of the jurisprudence on this issue, this paper aims to provide a critical understanding not just about what is actually happening in Brazilian courts regarding healthcare, but also to criticize it. The conclusion is that a “strong” conception of constitutionalism and fundamental rights may revel itself as “weak,” from the standpoint of general equality. Judicialization ends up empting the public debate, leading the task of solving the distribution of scarce resources to a “gowned aristocracy.” 

New species of Arthoniales from NE Brazil

2013 ◽  
Vol 45 (5) ◽  
pp. 611-617 ◽  
Author(s):  
Aline Anjos MENEZES ◽  
Edvaneide Leandro de LIMA ◽  
Amanda Barreto XAVIER-LEITE ◽  
Leonor Costa MAIA ◽  
André APTROOT ◽  
...  
Keyword(s):  
New Species ◽  
National Park ◽  
The State ◽  
The Third ◽  
Caatinga Vegetation ◽  
First Impression ◽  
First Time ◽  
Chapada Do Araripe

AbstractThe new species Coniarthonia aurata E. L. Lima, M. Cáceres & Aptroot, Cresponea endosulphurea A. A. Menezes, M. Cáceres & Aptroot, Cryptothecia macrocephala E. L. Lima, M. Cáceres & Aptroot, and Synarthonia sarcographoides Aptroot, A. A. Menezes, E. L. Lima & M. Cáceres are described from Caatinga vegetation in NE Brazil. They were found in the Chapada do Araripe in the state of Ceará and/or the Vale do Catimbau National Park in Pernambuco. Coniarthonia aurata has weakly organized, semiglobose apothecia with golden crystals, and on first impression looks like the anamorph of a Tylophoron. Cresponea endosulphurea has a pigment of the group of xantholepinones in the thallus. It is the first time that a substance from this group is reported from the Arthoniales. Cryptothecia macrocephala has strongly macrocephalic ascospores and contains psoromic acid in the thallus. Synarthonia sarcographoides is only the third species in this rarely found genus. It is characterized within the genus by muriform, brown ascospores, but it is assigned with hesitation to the genus. It is locally quite common.

scholarly journals More Disagreement Over Human Dignity: Federal Constitutional Court's Most Recent Benetton Advertising Decision

2003 ◽  
Vol 4 (6) ◽  
pp. 533-539
Author(s):  
Craig Smith
Keyword(s):  
Human Dignity ◽  
Third Reich ◽  
The State ◽  
Fundamental Rights ◽  
The Third ◽  
Federal Constitutional ◽  
Charter Of Fundamental Rights ◽  
The Third Reich ◽  
The Many

Article 1 is the Basic Law's crown. The concept of human dignity is this crown's jewel: an interest so precious that the state must affirmatively protect and foster its inviolability. This uniquely important status is evident from human dignity's prominence in the constitution, the early Federal Republic's pressing need to repudiate the Third Reich, the many judicial and scholarly exegeses of Article 1, and human dignity's unique claim to absolute protection. The success of the German legal construct of human dignity also is apparent from its influence on the European Union's Charter of Fundamental Rights. That document likewise begins with a provision nearly identical to the Basic Law's Article 1.

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