scholarly journals BREVES CONSIDERAÇÕES SOBRE OS DIREITOS DA PERSONALIDADE COMO PRESSUPOSTO AO DANO MORAL

2021 ◽  
Vol 9 (208) ◽  
pp. 1-16
Author(s):  
Vitória Maria Alves Luz ◽  
Marlon Renato Lima da Silva ◽  
Marcos Nunes Silva Verneck
Keyword(s):  
Legal System ◽  
Balance Sheet ◽  
Human Person ◽  
Civil Code ◽  
Human Being ◽  
Federal Constitution ◽  
Research Theme ◽  
Moral Damage ◽  
Object Of Study ◽  
Initial Framework

This article has as its object of study the Personality Law presented in the Federal Constitution of 1988, which has its greatest development in the Civil Code of 2002 as a precondition for discussing the possibility of indemnity for moral damages in which the protection of inherent off-balance sheet assets is enforced. to the human being, emphasizing the legal and doctrinal construction of such institutes that seek to materialize the tendency to prevail to the dignity of the human person in private relations. The presentation of Personality Law will be the path in search of the initial criteria for the limitation of immaterial goods that have their own characteristics. It is observed that the research theme has the intention of guiding moral damage, thus not covering all its modalities, but aiming to support a common initial framework from which the research fits, so that there is a clear perception of the necessary structure for understanding the problems. indemnities for moral damages present in the legal system.

scholarly journals DANO MORAL: PROTEÇÃO JURÍDICA À SAÚDE DO TRABALHADOR

2019 ◽  
Vol 8 (2) ◽  
pp. 62-78
Author(s):  
Ana Célia Bohn ◽  
Eliane Chaves Camilo Leite ◽  
Isabel Cristina Bohn Vieira
Keyword(s):  
Human Person ◽  
Legal Protection ◽  
Inductive Method ◽  
Physical And Mental Health ◽  
Know How ◽  
Federal Constitution ◽  
Personal Rights ◽  
The Social ◽  
Moral Damage ◽  
The Subject

Desde a Constituição Federal de 1988, na qual se reconhece a “dignidade da pessoa humana” e os “valores sociais do trabalho” percorre-se um longo caminho até que isso realmente se concretize. Nesta discussão teórica, aborda-se o significado de dano moral, sua importância e seus efeitos na saúde do trabalhador, a atenção jurídica dispensada ao assunto e a banalização do conceito da ofensa à dignidade na busca de recursos indevidos. Quando a ofensa à dignidade se torna passível de indenização de dano moral? Como a justiça do trabalho mensura o dano psicológico? Objetivou-se com o estudo analisar como o dano moral afeta a saúde física e mental, desenvolvendo sintomas silenciosos e graves, podendo levar o trabalhador ao suicídio, e conhecer como a esfera judiciária trabalhista tem tratado o assunto. Buscou-se com essa problemática, por meio da pesquisa bibliográfica com o método indutivo para demonstrar os dispositivos legais utilizados pelos magistrados para julgar casos de dano moral e preservar os direitos personalíssimos do trabalhador.Palavras-Chave: Dano moral. Justiça do trabalho. Saúde do trabalhador. MORAL DAMAGE: LEGAL PROTECTION OF WORKER'S HEALTHAbstract: Since the Federal Constitution of 1988, which recognizes the "dignity of the human person" and the "social values of work", it goes a long way until this really materializes. This theoretical discussion addresses the meaning of moral damage, its importance and its effects on the health of the worker, the legal attention given to the subject and the banalization of the concept of offense to dignity in the search for undue resources. When does the offense against dignity become liable to compensation for moral damages? How does labor justice measure psychological damage? The objective of this study was to analyze how moral damage affects physical and mental health, developing silent and serious symptoms, which can lead the worker to suicide, and to know how the labor judicial sphere has dealt with the subject. We sought this problem through the literature search with the inductive method to demonstrate the legal devices used by magistrates to judge cases of moral damage and preserve the most personal rights of the worker.Keywords: Moral damage. Work justice. Worker's healt.

scholarly journals The contradictions of Lucas do Rio Verde - MT: The starting question to relate the category dignity of the human person and environment

2021 ◽  
Vol 1 (1) ◽  
pp. 39-48
Author(s):  
Mariele Schmidt Canabarro Quinteiro ◽  
Rogério Quinteiro Barcellos
Keyword(s):  
Cultural Context ◽  
Social Issues ◽  
Human Person ◽  
Second World War ◽  
Human Being ◽  
Federal Constitution ◽  
Starting Point ◽  
Religious Dogma ◽  
Second World ◽  
Dignified Life

In the socio-economic-cultural context in which the Lucas do Rio Verde Municipality is inserted, to talk about the dignity of the human being is to have a dialectic discussion that visits many areas of knowledge, but that can only be understood when related to the reality in which the Municipality is inserted. The phenomenon that occurs in the Lucas do Rio Verde - MT municipality, which has one of the best human development indexes in Brazil and astonishing economic growth, is the starting point for relating the category of human dignity to the environment. This is because in the case of the Municipality of Lucas do Rio Verde - MT environmental issues and social issues are so intertwined that dealing with the environment is the outcome of a discussion about the dignity of the human person. And when it comes to this Fundamental Right, so recognized by the Brazilian Federal Constitution, it covers not only the simple survival but also a dignified survival, that is, it is the guarantee that the human being can enjoy a dignified life. The contradictions presented by the Municipality of Lucas do Rio Verde - MT, are the starting point to verify that the development that emerged after the Second World War starts to be questioned because, instead of finding autonomy with individual emancipation, we found anonymity. Instead of secularization finding freedom from religious dogma, it has brought the loss of human foundations. In this context, it can be seen that economic development cannot prosper alone, under penalty of damaging the environment and affecting the dignity of the human being to such an extent that the human being, the protagonist of this development, is robbed of the possibility of enjoying a dignified life. The dignity of the human person is an inherent human principle that must always be analyzed in an empirical and real context. It is necessary to analyze a context, with all perspectives, to contemplate the most varied facets of the dignity of the human person. In the exemplary case of Lucas do Rio Verde - MT, it was verified that the violation of the environment brutally affects the dignity of the human being. Through this unit of analysis, which is the Municipality of Lucas do Rio Verde - MT, it is possible to verify that the environment and the dignity of the human being are related, making it possible to discuss Democracy and Human Rights.

scholarly journals Bioethics and Biolaw in the Vaccine against COVID 19 in Brazil

2021 ◽  
Vol 4 (3) ◽  
Author(s):  
Eliana Aló Silveira
Keyword(s):  
Legal System ◽  
Human Dignity ◽  
Fundamental Rights ◽  
Human Being ◽  
Right To Life ◽  
Federal Constitution ◽  
Democratic State ◽  
Ethical Content ◽  
The Face ◽  
The Right

The pandemic that was caused by COVID 19 made the world rethink ethical principles, morals, and justice, but always side by side with science. Never has bioethics been thought of so much, as a science that aims to provide the ethical content so that the human being is treated with dignity in the face of scientific techniques that concern life. Bio law as a branch of legal science reveals itself as an indispensable branch to the legal system, to regulate and reconcile biotechnological advances with the principle of human dignity, founded on democracy and the defense of fundamental rights. In the international sphere, the right to life is foreseen in art. 4 of the 1969 American Convention on Human Rights, a document that was ratified by Brazil and comes from the regional system. In the Brazilian legal system, the provision is in article 1, clause III, of the Federal Constitution of 1988, which established human dignity as the foundation of the Democratic State of Law, also regulating, in article 5, the right to life. Starting from these guidelines that the human being should not be considered a "thing", or an instrument, the thought, even if philosophical, can lead to important conclusions in the field of scientific experimentation, especially with what has been happening in relation to the vaccines for COVID-19, that even if approved by a committee and following international protocols, one cannot guarantee with them the absolute protection of human dignity, principles of bioethics and fundamental human values. And, because of these discussions, the courts are urged to manifest themselves about the refusals of workers to be vaccinated.

The Human Person in Contemporary Philosophy

Philosophy ◽  
1950 ◽  
Vol 25 (92) ◽  
pp. 3-19 ◽  
Author(s):  
Frederick C. Copleston
Keyword(s):  
Human Person ◽  
Thomas Aquinas ◽  
Sixth Century ◽  
Human Being ◽  
Contemporary Philosophy ◽  
Individual Substance ◽  
Rational Nature

I. In the early part of the sixth century a.d. Boethius defined the person as “an individual substance of rational nature” (rationalis naturae individua substantia). This definition, which became classical and was adopted by, for example, St. Thomas Aquinas, obviously implies that every human being is a person, since every human being is (to employ the philosophical terms of Boethius) an individual substance of rational nature. If one cannot be more or less of a human being, so far as “substance” is concerned, one cannot be more or less of a person. One may act as a human person ought not to act or in a way unbefitting a human person; one may even lose the normal use of one's reason; but one does not in this way become depersonalized, in the sense of ceasing to be a person. According to St. Thomas, a disembodied soul is not, strictly speaking, a person, since a disembodied soul is no longer a complete human substance; but every complete human substance is always and necessarily a person.

scholarly journals Educating to Forgive as an Expression of Concern for Order in a Person's Natural Environment. Part. 1: Evil and Harm in the Life of a Human Person and the Source of the Need to Forgive

2017 ◽  
Vol 4 (1) ◽  
pp. 133-139
Author(s):  
Michał Wyrostkiewicz
Keyword(s):  
Natural Environment ◽  
Human Person ◽  
Human Being ◽  
The World ◽  
Natural Climate ◽  
Good And Evil

The paper defines philosophical categories of good and evil in the process of upbringing and development of the personality. People are good by nature. That is why they tend towards the good, they desire what is good, they feel bad and do not function well when they are touched by evil. Goodness is part of the natural environment of the human being; goodness is the natural climate of the human person. At the same time, however, people perform bad deeds. They create evil. They often harm others. This is the cause of disorder in a person's environment. It turns out that the only effective and reasonable means of restoring such order is forgiveness. It is the only thing that has a chance to realistically stop the potential avalanche of evil that appears to be the obvious result of wrongdoing and “nurturing” harm or planning revenge. The evil that “insidiously” enters the world creates the need for forgiveness as the only way to respond to harm; as a way that leads to real order in a person's environment

scholarly journals Juridical Review Of Nominee Agreement In Land Of Tenure Property Rights Under The Book Of Civil Law And Agraria

Jurnal Akta ◽  
2018 ◽  
Vol 5 (2) ◽  
pp. 441
Author(s):  
Indah Esti Cahyani ◽  
Aryani Witasari
Keyword(s):  
Property Rights ◽  
Legal System ◽  
Civil Law ◽  
Civil Code ◽  
Good Faith ◽  
Freedom Of Contract ◽  
Related Statement ◽  
The Subject ◽  
The Law ◽  
Legal Consequences

Nominee agreement is an agreement made between someone who by law can not be the subject of rights to certain lands (property rights), in this case that foreigners (WNA) and Indonesian Citizen (citizen), with the intention that the foreigners can master land de facto property rights, but legal-formal (de jure) land property rights are assigned to his Indonesian citizen. The purpose of this paper isto assess the position of the nominee agreement in Indonesia's legal system and the legal consequences arising in terms of the draft Civil Code and the Law on Agrarian. Agreement is an agreement unnamed nominee made based on the principle of freedom of contract and good faith of the parties. However, it should be noted that the law prohibits foreigners make agreements / related statement stock wealth / property (land) for and on behalf of others, sehingga the legal consequences of the agreement is the nominee of the agreement is not legally enforceable because the agreement was made on a false causa.Keywords: Nominee Agreement; Property Rights; Foreigners.

scholarly journals THE INFLUENCE OF CIVIL CODE ON ECONOMIC LAW

2021 ◽  
Author(s):  
YUN-LING YU
Keyword(s):  
Economic Development ◽  
Market Economy ◽  
Legal System ◽  
Civil Law ◽  
Civil Code ◽  
Socialist Market Economy ◽  
Economic Law ◽  
Chinese Characteristics ◽  
The Relationship ◽  
Socialist Market

The promulgation of the "Civil Code" provides a path for the codification of other important legal departments closely related to the socialist market economy and the improvement of the socialist legal system with Chinese characteristics. However, due to the fact that the development of economic law in our country is relatively short and the economic development is changing rapidly, the current economic code is facing numerous obstacles. This article analyzes the relationship between civil law and economic law, drawing on the innovation of the content of the Civil Code, and puts forward new requirements for the development of the content, concept and system of economic law, and promotes the development of economic law.

The Failure of The Remedy of Reduction in Israeli Law — Causes and Lessons

1989 ◽  
Vol 23 (4) ◽  
pp. 469-505 ◽  
Author(s):  
Eyal Zamir
Keyword(s):  
Legal System ◽  
Future Development ◽  
Comparative Research ◽  
Civil Code ◽  
Private Law ◽  
Legal Tradition ◽  
Land Law ◽  
Legal Literature ◽  
Legal Concepts

The process of codifying Israeli private law began in the mid-1960's. Since then, numerous laws have been enacted, each devoted to a certain field or transaction (land law, pledges, sales, etc.). The idea was, and continues to be, that after the enactment of the separate laws is completed, they will be combined in order to create an integral, complete civil code. This stage of enactment is nearly finished, and at present a jurists' committee is considering changes and adjustments required in any of the laws in order to fit them together into one code. This method of legislation by stages has many disadvantages, which have been pointed out in the legal literature. However, there are also advantages. The new laws in the sphere of private law are not inspired by a single legal system or by any particular existing code; rather, they constitute an original, modern Israeli creation, based on comprehensive comparative research and implementation of new, original ideas. In the absence of an established Israeli legal tradition, and absent rooted legal concepts or terminology, the Israeli legislature must create a code which does not grow naturally out of an existing legal system. The code itself will constitute the basis for future development of the system.

scholarly journals CONTROLE DE CONSTITUCIONALIDADE DIFUSO E O SENADO FEDERAL: LETRA MORTA NA CONSTITUIÇÃO OU INCONSTITUCIONALIDADE DAS SÚMULAS VINCULANTES?

2018 ◽  
Vol 2 (Especial 2) ◽  
pp. 211-216
Author(s):  
Jessica Fernanda Alves Cavalcante ◽  
Luis Henrique Ramos Alves ◽  
Myllena Silva ◽  
Shirley Oliveira Lima Nomura
Keyword(s):  
Supreme Court ◽  
Legal System ◽  
Final Decision ◽  
Federal Constitution ◽  
Federal Supreme

In order to guarantee its hierarchical supremacy in the Brazilian legal system, the Federal Constitution has the so-called Constitutionality Control, and such an institute has several modalities, so that we will talk about the Diffuse Control exercised by the STF and the rule established by article 52, X, of the CF, which states that it is the responsibility of the Federal Senate to suspend the execution, in whole or in part, of a law declared unconstitutional by a final decision of the Federal Supreme Court. However, this provision of the Constitution has been considered by lawyers and jurists as a "dead letter", since EC Nº 45/04 instituted the binding summaries in Article 103-A, which has replaced said rule, stating that the STF may , officio or by provocation, after repeated decisions on constitutional matters, approve the binding summary. Faced with this is in doubt the precedent is constitutional and the competence of the Senate is dead letter or the Precedent is Unconstitutional?

THE LIMITS OF EXCLUSIVE RIGHTS TO COMPUTER PROGRAMS

2021 ◽  
Vol 21 (2) ◽  
pp. 88-133
Author(s):  
A.S. VOROZHEVICH
Keyword(s):  
Russian Federation ◽  
Conflicts Of Interest ◽  
Balance Sheet ◽  
Computer Programs ◽  
Civil Code ◽  
Fair Use ◽  
Traditional Concept ◽  
Specific Object ◽  
The Russian Federation ◽  
Exclusive Right

In the article, the author examines time, content and object boundaries of exclusive rights to computer programs. It has been substantiated that the meaningful boundaries of exclusive rights should be established through a closed list of cases of free use. At the same time, the balance sheet doctrine of fair use, supplemented by the concepts of “transformative use”, cannot serve as a tool for establishing such boundaries. At the same time, in order to resolve atypical conflicts of interest arising in relation to a specific object of copyright between a person interested in access to such an object and the rightholder, standards for assessing the behavior of the rightholder should be developed – special (in relation to Article 10 of the Civil Code of the Russian Federation) limits for the implementation of exclusive right. With regard to the object boundaries of rights to computer programs, it was concluded that they are established by means of the “traditional” concept of copyright “protected form – unprotected content” and the doctrine of “essential part”. The principle of exhaustion of rights should not apply to such objects.

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