scholarly journals LGPD e a importância da vontade do titular de dados na análise do legítimo interesse / LGPD and the importance of the data holder’s will in the analysis of the legitimate interest

2021 ◽  
Vol 7 (12) ◽  
pp. 114810-114833
Author(s):  
Leonardo Roscoe Bessa ◽  
Nathália Maria Marcelino Galvão Belintai ◽  
Nathália Maria Marcelino Galvão Belintai
Keyword(s):  
Author(s):  
T.M. Balyuk

The scientific article is devoted to the study of the legal nature of separate proceedings in cases of granting the right to marry.It is established that a separate proceeding as a type of non-litigious civil proceedings is characterized by: 1) the absence of a dispute about the right, which, at the same time, does not exclude the existence of a dispute about the fact; 2) a special object of judicial protection – a legally protected (legitimate) interest, which is the needs and aspi-rations to use a specific material and (or) intangible asset, which may or may not be mediated by a certain subjective right. Protection of legally protected (legal) interest is carried out by the court by deciding on the presence or absence of legal facts relevant to the protection of rights, freedoms and interests of a person or creating conditions for the exercise of personal non-property or property rights or confirmation of the presence or absence of undisputed rights.It is determined that a separate proceeding in cases of granting the right to marry is a type of non-litigious civil proceedings for consideration of applications for confirmation of the presence or absence of legal facts that are im-portant for creating conditions for a person’s right to marry. It is substantiated that the legal nature of separate proceedings in cases of granting the right to marry is a set of substantive grounds for granting the right to marry and features of the procedural form of consideration by the court of relevant applications that mediate changes in family law. The court, establishing the presence or absence of legal facts, decides to grant a person the right to marry, thereby expanding the family law capacity of such a person due to the ability to exercise the right to marry before reaching marriageable age or marry between the adopter’s adopted child and the adopted child, as well as between children who have been adopted by an adoptive parent.


Author(s):  
Алексей Викторович Дашин ◽  
Петр Михайлович Малин ◽  
Алексей Васильевич Пивень

В статье анализируется структура публичного законного интереса в уголовном судопроизводстве, входящих в него элементов на примере института домашнего ареста. Авторская модель публичного законного интереса участников уголовного процесса «привязана» к стадийности и может распространяться не только на вопросы, связанные с мерами пресечения. По мнению авторов, публичный законный интерес в контексте рассматриваемой проблемы воплощается в жизнь на основе нормативно установленного действия, содержащего конкретно сформулированные правила, устанавливающие четко определенные права и обязанности участников правоотношений. Данная деятельность сопряжена с определенными этапами (стадиями), которые в той или иной степени характерны соответствующей мере пресечения, и возможна в той стадии, где осуществляется оценка действий, предпринятых должностным лицом, осуществляющим производство по уголовному делу. Реализация публичного законного интереса, заявленного следователем, дознавателем на избрание домашнего ареста, зависит от того, как соответствующие устремления оценят другие должностные лица - руководитель следственного органа, прокурор (не обладающие правами реализации публичного законного интереса), то есть от их усмотрения. Законодатель не предоставляет следователю, дознавателю возможность «непосредственно» обратиться в суд - участнику процесса, наделенному правом реализовать их устремление на избрание меры пресечения. Подобные «преграды» не предусмотрены в законе для иных участников уголовного процесса, не наделенных публичной властью и стремящихся реализовать свой законный интерес. The article analyzes the structure of public legitimate interest in criminal proceedings, its constituent elements on the example of the institution of house arrest. The author's model of the public legitimate interest of participants in the criminal process is «tied» to the stage and can extend not only to issues related to preventive measures. According to the authors, public legitimate interest in the context of the problem under consideration is brought to life on the basis of a normatively established action containing specifically formulated rules establishing clearly defined rights and obligations of participants in legal relations. This activity is associated with certain phases (stages) that are more or less characteristic of the corresponding measure of restraint, and is possible at the stage where the actions taken by the official conducting the criminal proceedings are evaluated. The realization of the public legitimate interest declared by the investigator, the investigating officer for the election of house arrest depends on how the relevant intentions will be evaluated by other officials - the head of the investigative body, the prosecutor (who do not have the rights to realize the public legitimate interest), i.e. on their discretion. The legislator does not give the investigator, the inquirer the opportunity to turn «directly» to the court - a participant in the process, entitled to realize their intentions for the election of measures of restrain. Such «barriers» are not provided in the law for other participants in the criminal process who are not endowed with public authority and who seek to realize their legitimate interest.


2018 ◽  
Vol 2 (83) ◽  
pp. 45
Author(s):  
Uldis Ķinis

On January 2018 significant amendments to the Criminal Law and the Law On the Procedure for Application of the Criminal Law came into force in Latvia. These changes not only in the first time introduce the criminal responsibility for the emotional violence, but also determine the procedure for assessing emotional disparity, equating the effects to telepathic injuries.In the article, the author reviews a modality of crime “persecution” - cyber-persecution. Although the legislator in the annotation of the law provides that the article also shall be applicable to acts committed in cyberspace, at the same time, the author indicates some problems that may arise due to the narrow interpretation of the law by the law enforcement. The purpose of the article is to study the object (protected legitimate interest) and the objective side (actus reus) of the offense - cyber-stalking. For purposes of research, several methods have been used. The method of comparative analysis, for examination and comparison of external and international regulations. Methods of legal interpretation used to disclose the differences between the understanding of the written text of the definition of the crime and what ought to be understood in the meaning of the norm. Finally, the author presents the conclusions and proposals on the application of the norm.


Author(s):  
John Bryden ◽  
Lesley Riddoch ◽  
Ottar Brox

This chapter draws together the major arguments and insights presented in the preceding chapters. Drawing on Adam Smith’s and Karl Polanyi, they consider ideas about the role of the state in democratic societies, arguing that democratic government is the only institution that can truly manage public and semi-public goods, including natural resources, education, health, money and individual security, in the legitimate interest of all, while ensuring freedom, equity and justice. The cases of the two neighbouring countries, Scotland and Norway, have been used to analyse and understand the very different trajectories the two countries have taken over the past two centuries. Norway’s political independence, gained in 1814, combined with a general approaches to politics, institutions, natural resources and property rights, industrialization, that all emphasize or support decentralisation, have given Norway an advantage over Scotland in achieving democratic governance. Scotland’s longstanding subordinate status within the British Empire, which largely disenfranchised the Scots and left them without the necessary government support in the areas of industry and oil and gas, local governance and decentralized development, health care, housing and urban poverty, have contributed to Scotland’s disadvantage. When the book was completed, the results of the referendum on independence were unknown. However, the editors did consider that the referendum might fail, and noted that Scotland would in this event still enter a constitutional stage much like Norway did in 1814. At the time, few considered the issue of Brexit, and its consequences for Scotland. For both of these reasons, the future of Scottish politics remains a key issue, underpinning the importance of this book.


Author(s):  
Paul S. Davies

This chapter considers gain-based and equitable remedies for breach of contract, which can be awarded in situations where restricting the claimant to damages would be inadequate. Damages may be awarded to strip a defendant of gains made from a breach of contract. Such ‘restitutionary damages’ are only awarded very rarely in ‘exceptional circumstances’ where the usual remedies for breach of contract are ‘inadequate’, and the claimant has a legitimate interest in preventing the defendant’s profit-making activity and depriving him of his profit. Where damages are inadequate to achieve justice, the court may grant equitable relief. The most important equitable orders are for specific performance and injunctions. Specific performance compels a person to perform his contract. Injunctions can either prevent a person from breaching his contract (prohibitory injunctions) or force a person to comply with his contract (mandatory injunctions).


2021 ◽  
pp. 392-400
Author(s):  
Paul S. Davies

This chapter examines the doctrine of anticipatory breach, which occurs where, before the time comes for A to perform their part of the contract, A declares that A is not going to do so. This repudiation of the contractual obligation is itself a breach of contract. The innocent party may choose to either accept or reject an anticipatory breach. If they accept, the contract is terminated and the innocent party can sue for damages immediately. If the anticipatory breach is rejected, then the contract remains on foot. If the innocent party elects not to accept the breach and to keep the contract alive, then they may proceed to perform their side of the bargain and sue for the contract price. However, it appears that this action for the agreed sum, or action in debt, may not succeed if the innocent party had no ‘legitimate interest’ in taking such steps.


1958 ◽  
Vol 62 (573) ◽  
pp. 615-632 ◽  
Author(s):  
J. E. Allen

Now that major space flight operations are under way in Russia and America there is a natural interest in such topics in this country among those working on aeronautics and guided missiles. At present one can only speculate on how this country will eventually contribute to space flight. As the Duke of Edinburgh has remarked, the difficulty is not due to lack of scientific talent but to the absence of surplus funds. Even so, we can make effective contributions in many ways and we should not lack boldness in seeking out possible ways of doing this. In the meantime, however, there seems to be a place for a review of the present technical situation and prospects for the near future, as seen from the standpoint of one in the British Aircraft Industry. As the majority of interplanetary flights will begin through the Earth’s atmosphere and many will finish by way of the same medium, the Royal Aeronautical Society can claim a special and legitimate interest in these matters. Ever since its inception the Society has encouraged the discussion of new technical advances, although its ability to do this has sometimes been hampered by the requirements of security. The same restrictions apply to this paper with the result that I have chosen to draw upon published material throughout, and to review the subject on a broad basis. I hope the work will not be less acceptable on these grounds.


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