A PRODUÇÃO DE PROVAS NA ARBITRAGEM BRASILEIRA

2018 ◽  
Vol 7 (1) ◽  
pp. 139
Author(s):  
Feliciano Alcides Dias ◽  
Natacha Juli Georg
Keyword(s):  
Civil Procedure ◽  
Judicial Process ◽  
Procedural Law ◽  
Arbitration Process ◽  
Deductive Method ◽  
The Face ◽  
The Will ◽  
Real Truth ◽  
Bibliographic Collection ◽  
Do So

<p class="resumo">Esta pesquisa tem a finalidade de analisar a produção de provas no processo arbitral, de acordo com as disposições do Código de Processo Civil brasileiro, a partir da escolha pelas partes na instituição da arbitragem. Para tanto, a produção das provas cíveis é abordada, através do método dedutivo e acervo bibliográfico, na legislação processual brasileira para posterior compreensão do cabimento destas perante o juízo arbitral, cuja busca pela verdade real passa a ter maior concretude diante da vontade das partes. Em comparação com o processo judicial, investiga-se a celeridade do procedimento probatório e as implicações na produção das provas cíveis perante a arbitragem brasileira e o funcionamento do processo arbitral. Verifica-se a possibilidade de que testemunhas técnicas imitam opinião sobre determinado assunto, baseado nos conhecimentos técnicos especializados antes da audiência de instrução no juízo arbitral, com a finalidade de reduzir o tempo, os custos do processo e também afastar eventuais surpresas no julgamento do conflito.</p><p class="resumo"><strong>Palavras-chave: </strong>Arbitragem. Produção de Provas. Código de Processo Civil. Resolução dos Conflitos.</p><h3>THE PRODUCTION OF EVIDENCE IN BRAZILIAN ARBITRATION</h3><div><p class="abstractCxSpFirst"><strong>Abstract: </strong>This research has the purpose of analyzing the production of evidence in the arbitration process, in accordance with the provisions of the Brazilian Civil Procedure Code, based on the choice by the parties in the arbitration institution. In order to do so, the production of civil evidence is approached, through the deductive method and bibliographic collection, in the Brazilian procedural law for later understanding of the arbitration court's jurisdiction, whose search for the real truth becomes more concrete in the face of the will of the parties. In comparison with the judicial process, the speed of the probative procedure and the implications in the production of the civil evidence before the Brazilian arbitration and the operation of the arbitration process are investigated. There is a possibility that technical witnesses imitate an opinion on a particular matter, based on specialized technical knowledge prior to the arbitration hearing, in order to reduce the time, costs of the process and also to avoid any surprises in the trial of the conflict.</p><p class="abstractCxSpLast"><strong>Keywords: </strong>Arbitration. Production of Evidence. Code of Civil Procedure. Conflict Resolution.</p></div>

scholarly journals AUDIÊNCIA DE CUSTODIA E SEUS REFLEXOS NO SISTEMA PENAL BRASILEIRO

2018 ◽  
Vol 2 (Especial 2) ◽  
pp. 181-186
Author(s):  
Vitória Celeste Dias Oliveira Gomes
Keyword(s):  
Great Influence ◽  
Human Person ◽  
Primary Objective ◽  
Prison System ◽  
Personal Contact ◽  
International Treaties ◽  
Deductive Method ◽  
The Face ◽  
Alternative Means ◽  
Real Truth

The custody hearing is characterized by the primary objective of ensuring personal contact of the person arrested with the judge after his arrest in flagrante. The implantation appeared with reproduction existing in international treaties, such as the Pact of San José of Costa Rica, aiming at the human rights of prisoners. Conducted such an audience, by the principles of the Real Truth, Guarantee of the Ample Defense, Presumption of Innocence, Dignity of the Human Person. How to use the legal deductive method, based on the interpretation of rules, according to the literature and the topic addressed, as a general analysis. In the face of a number of reflections, it is concluded that this topic has a great influence on reducing overcrowding in the prison system, on spending on custody of prisoners, as well as on helping the prison system, stimulating alternative means available to the prisoners' others later highlighted.

scholarly journals “The Problem from Hell”: Examining the Role of Peace and Conflict Studies for Genocide Intervention and Prevention

2010 ◽  
Author(s):  
Paul Cormier ◽  
Peter Karari ◽  
Alka Kumar ◽  
Robin Neustaeter ◽  
Jodi Read ◽  
...  
Keyword(s):  
United States ◽  
The United States ◽  
Conflict Studies ◽  
Peace And Conflict Studies ◽  
Peace And Conflict ◽  
The Face ◽  
The Will ◽  
The U.S ◽  
Do So

Genocide is one of the most challenging problems of our age. In her book, “A Problem from Hell:” America and the Age of Genocide, Samantha Power (2002) argues that the United States, while in a position to intervene in genocide, has lacked the will to do so, and therefore it is incumbent on the U.S. citizenry to pressure their government to act. This article reviews how the topic of genocide raises questions along the fault lines of the field of Peace and Conflict Studies (PACS). In this article, a framework is provided to examine genocide and responses to it. This includes a review of a multiplicity of factors that (a) facilitate genocide, (b) constrain action in the face of it, and (c) facilitate intervention. In this analysis, further consideration is given to the location of the actor either within the region of the conflict or external to it. Our goal is to situate the study of genocide in the PACS field and promote to the articulation of possibilities for intervention by individuals, organizations, and policymakers.

scholarly journals Is addiction a myth? Donald Davidson’s solution to the problem of akrasia says not*

2015 ◽  
Vol 4 (1) ◽  
pp. 77-83 ◽  
Author(s):  
Nick Heather ◽  
Gabriel Segal
Keyword(s):  
Drug Research ◽  
Causal Attribution ◽  
Intentional Action ◽  
The Self ◽  
Philosophical Problem ◽  
Intentional Actions ◽  
The Face ◽  
The Will ◽  
Akratic Action ◽  
Do So

Heather, N., & Segal, G. (2015). Is addiction a myth? Donald Davidson’s solution to the problem of akrasia says not*. The International Journal Of Alcohol And Drug Research, 4(1), 77-83. doi:http://dx.doi.org/10.7895/ijadr.v4i1.195An obvious problem for the concept of addiction is its portrayal as involving involuntary behavior in the face of the addict’s intentional actions. This has led some writers to call addiction a myth and to describe the self-labeling of persons as addicts as an illustration of causal attribution. We argue that this position is seriously mistaken. We propose that it is possible to construct a meaningful concept of addiction without assuming it involves completely involuntary behavior and to do so within the language of agents engaging in intentional action. One way of doing so arises from the work of Donald Davidson (1917-2003), particularly his essay "How is weakness of the will possible?" (Davidson, 1969). Davidson proposes a solution to the classic philosophical problem (called the problem of akrasia or incontinence) of how it is logically possible for someone to perform an action against her better judgement, and his solution is relevant to an understanding of addiction (i.e., addiction is a class of akratic action). Thus, Davidson’s solution to this philosophical problem is also an answer to the question of how it is possible to understand addiction without assuming it entails completely involuntary behavior. At the same time, Davidson’s conclusion at the end of his essay—that the akrates cannot give a reason for preferring incontinent over continent action—suggests what addicts mean when they say they feel compelled to behave the way they do.

scholarly journals MENDOBRAK KELEMAHAN LITIGASI KONVENSIONAL MELALUI MODEL ADVOKASI MANDIRI DALAM RANGKA PEMBAHARUAN PROSES PERADILAN

LITIGASI ◽  
2016 ◽  
Vol 16 (1) ◽  
Author(s):  
Rd. Dewi Asri Yustia ◽  
Tuti Rastuti ◽  
Utari Dewi Fatimah
Keyword(s):  
Violence Against Women ◽  
Multidisciplinary Approach ◽  
Legal Aspects ◽  
Judicial Process ◽  
Self Advocacy ◽  
Procedural Law ◽  
Empirically Supported ◽  
Female Perpetrators ◽  
The Face ◽  
The Law

In Indonesia, various legislations have been enacted to protect women. In fact, the Convention on the Elimination of All Forms of Discrimination Against Women has been ratified through Act No. 7 Year 1984. But numbers of discrimination, domination, and violence against women is increasing. This is motivated finding of preliminary data at the penitentiary that women cases that affect women perpetrators of criminal acts predominantly sourced from domestic violence. This study uses normative juridical methods empirically supported, through a multidisciplinary approach is the approach of the legal aspects of civil and criminal law and procedural law. The data obtained and analyzed by juridical qualitatively. The results showed that, the model of conventional litigation, directs the entire process of the law to be passed by left entirely to legal counsel. Model of this litigation has not provided the knowledge, understanding and awareness of the law against female perpetrators (victims marginalized). Results of this study recommend a model of independent litigation. This model is expected to accommodate the litigation needs of female perpetrators of criminal acts, so that they can advocate for themselves in the face of the proceedings. In addition, the model is expected to have an independent advocate can be a new alternative in the judicial process, and can be used as a reason for consideration for renewal effort does justice process.Keywords: Empowerment; Women; Self Advocacy; RenewalDi Indonesia, berbagai peraturan perundang-undangan telah diberlakukan untuk melindungi kaum perempuan. Bahkan, telah meratifikasi Convention on The Elimination of  All Forms of Discrimination Against Women melalui Undang-Undang No. 7 Tahun 1984. Namun faktanya diskriminasi, dominasi, dan kekerasan terhadap perempuan semakin meningkat. Hal ini dilatarbelakangi ditemukannya data awal bahwa di lembaga pemasyarakatan perempuan kasus-kasus yang menimpa perempuan pelaku tindak pidana dominan bersumber dari KDRT. Penelitian ini menggunakan metode yuridis normatif dengan didukung metode yuridis empiris, melalui pendekatan multidisiplin yaitu pendekatan dari aspek hukum perdata dan hukum pidana serta hukum acara. Data yang diperoleh kemudian dianalisis secara yuridis kualitatif. Hasil penelitian menunjukan bahwa, model litigasi konvensional, mengarahkan pada seluruh proses hukum yang akan dilalui diserahkan seluruhnya kepada penasihat hukum. Model litigasi ini belum memberikan pengetahuan, pemahaman dan kesadaran hukum terhadap perempuan pelaku tindak pidana (korban termarginalkan). Hasil penelitian ini merekomendasikan perlunya model litigasi mandiri. Model ini diharapkan mampu mengakomodasi kebutuhan berlitigasi dari perempuan pelaku tindak pidana, sehingga dapat mengadvokasi dirinya sendiri pada saat menghadapi proses beracara. Selain itu, diharapkan model advokasi mandiri ini dapat dijadikan alternatif baru di dalam proses peradilan, dan dapat dijadikan alasan pertimbangan untuk dilakukannya upaya pembaharuan proses peradilan.Kata Kunci :   Pemberdayaan; Perempuan; Advokasi Mandiri; Pembaharuan

Corporate Governance and Performance of Organizations

2018 ◽  
Vol 9 (5) ◽  
pp. 439-446
Author(s):  
Hamid Ait lemqeddem ◽  
◽  
Mounya Tomas ◽  
Keyword(s):  
Corporate Governance ◽  
Agency Theory ◽  
Theoretical Foundation ◽  
Quantitative Approach ◽  
Governance Practices ◽  
Deductive Method ◽  
Private And Public ◽  
Is Theory ◽  
And Performance ◽  
Do So

There is renewed interest in the need to focus on corporate governance in an environment where it is a performance imperative for all small and large organizations, private and public, beginner or established.The purpose of this study is to demonstrate the place of corporate governance practices in organizations to ensure that the board, officers, and directors take action to protect shareholder interests and all stakeholders. It is important to focus on the effect of these practices on improving performance and competitiveness. To do so, we opted for the hypothetico-deductive method with a quantitative approach. Our theoretical foundation is theory is agency theory.

Challenging Gender Hierarchies in Narratives of the Nation: Representations of Women in Zintgraff and the Battle of Mankon and Hard Choice

Imbizo ◽  
2020 ◽  
Vol 11 (2) ◽  
Author(s):  
Naomi Epongse Nkealah ◽  
Olutoba Gboyega Oluwasuji
Keyword(s):  
The Other ◽  
Literary Texts ◽  
Gender Differentiation ◽  
Hard Choice ◽  
Other Hand ◽  
Gender Hierarchies ◽  
The Face ◽  
The One ◽  
Representations Of Women ◽  
Do So

Ideas of nationalisms as masculine projects dominate literary texts by African male writers. The texts mirror the ways in which gender differentiation sanctions nationalist discourses and in turn how nationalist discourses reinforce gender hierarchies. This article draws on theoretical insights from the work of Anne McClintock and Elleke Boehmer to analyse two plays: Zintgraff and the Battle of Mankon by Bole Butake and Gilbert Doho and Hard Choice by Sunnie Ododo. The article argues that women are represented in these two plays as having an ambiguous relationship to nationalism. On the one hand, women are seen actively changing the face of politics in their societies, but on the other hand, the means by which they do so reduces them to stereotypes of their gender.

The Africanisation Of South African Civil Procedure: The Way Forward

2020 ◽  
Vol 6 (1) ◽  
Author(s):  
Fawzia Cassim ◽  
Nomulelo Queen Mabeka
Keyword(s):  
Common Law ◽  
Civil Procedure ◽  
African Culture ◽  
Legal Proceedings ◽  
Seventeenth Amendment ◽  
Procedural Law ◽  
Lower Courts ◽  
The Law ◽  
Court Proceedings ◽  
The Impact

Civil procedure enforces the rules and provisions of civil law.  The law of civil procedure involves the issuing, service and filing of documents to initiate court proceedings in the superior courts and lower courts. Indeed, notice of legal proceedings is given to every person to ensure compliance with the audi alteram partem maxim (“hear the other side”). There are various rules and legislation that regulate these court proceedings such as inter alia, the Superior Courts Act, 2013, Uniform Rules of Court, Constitution Seventeenth Amendment Act, 2012 and the Magistrates’ Courts Act of 1944. The rules of court are binding on a court by virtue of their nature.  The purpose of these rules is to facilitate inexpensive and efficient legislation. However, civil procedure does not only depend on statutory provisions and the rules of court.  Common law also plays a role. Superior Courts are said to exercise inherent jurisdiction in that its jurisdiction is derived from common law.  It is noteworthy that whilst our rules of court and statutes are largely based on the English law, Roman-Dutch law also has an impact on our procedural law. The question thus arises, how can our law of civil procedure transform to accommodate elements of Africanisation as we are part and parcel of the African continent/diaspora? In this regard, the article examines the origins of Western-based civil procedure, our formal court systems, the impact of the Constitution on traditional civil procedure, the use of dispute resolution mechanisms in Western legal systems and African culture, an overview of the Traditional Courts Bill of 2012 and the advent of the Traditional Courts Bill of 2017. The article also examines how the contentious Traditional Courts Bills of 2012 and 2017 will transform or complement the law of civil procedure and apply in practice once it is passed into law.

RESTRICTIVE NATURE AS A SIGN OF INTERIM MEASURES IN THE ARBITRATION PROCESS

2020 ◽  
Author(s):  
Полина Игоревна Калинина
Keyword(s):  
Procedural Law ◽  
Arbitration Process ◽  
Definition Of ◽  
Interim Measures

Данная статья посвящается ограничительному характеру обеспечительных мер в Арбитражном суде. В работе даётся законодательное определение институту обеспечительных мер, а также указываются основные признаки, закреплённые в процессуальном законе. Поскольку уделяется внимание ограничительному характеру, как признаку мер, в работе приводятся виды обеспечительных мер, через которые проводится анализ и исследование данного признака, характеризующего данные меры. This article is devoted to the restrictive nature of interim measures in Arbitration. The paper provides a legislative definition of the institution of interim measures, as well as specifies the main features enshrined in the procedural law. Since attention is paid to the restrictive nature as a feature of measures, the paper presents the types of interim measures through which the analysis and research of this feature that characterizes these measures is carried out.

Job the True Sage

2018 ◽  
Author(s):  
Michael C. Legaspi
Keyword(s):  
Book Of Job ◽  
Divine Justice ◽  
The Will ◽  
Do So

In the book of Job, wisdom is contested. In the speeches of the friends, wisdom is a program based on a pious alignment with divine justice as manifest in the sacred, social, and cosmic orders. In the figure of Job, the reader is invited to reconsider the nature of piety on which this understanding of wisdom is based. Job raises the possibility that piety is a form of integrity that yields a different relation to order. Accordingly, piety does not consist in a knowledge of order that leads to a prosperous life but rather in the determination to hold one’s place within the order, to remain true to the inner dictates of one’s pious life. To do so is to inhabit an order in which the strange inexplicability of this determination is coordinated to the strangeness of the cosmos itself and to the will of an inscrutable God.

Empire and the Johannine Epistles

2017 ◽  
Vol 114 (4) ◽  
pp. 542-557
Author(s):  
Kenneth L. Waters
Keyword(s):  
Jesus Christ ◽  
The Face ◽  
Mission Field ◽  
The Church ◽  
Do So

In what ways are the Johannine Epistles a response to empire ideology and propaganda? These Epistles proclaim a more complete and correct cosmology, a greater Savior and soteriology, a better pedagogy, a truer doctrine, a sounder koinōnia, and a more nurturing paterfamilias; moreover, they do so while indicting schismatics, who, in the view of the elder, represent the face of the empire. Although the resurrection and ascension of Jesus Christ drive the elder’s witness and ministry, he must still shape his message to counter the encroachment of empire in the church and on the mission field.

Sign in / Sign up

Export Citation Format

Share Document