scholarly journals Federalismo cooperativo e medidas alternativas à prisão: cumprimento da pena de prestação de serviços na administração pública municipal em Caçapava do Sul, RS - Cooperative federalism and alternative measures to prison in Caçapava do Sul, RS

2019 ◽  
Vol 1 (1) ◽  
Author(s):  
Vinicius Nahan Dos Santos
Keyword(s):  
Service Providers ◽  
Methodological Approach ◽  
Effective Control ◽  
The People ◽  
De Se ◽  
The Status ◽  
Alternative Measures ◽  
Qualitative Descriptive ◽  
Definition Of ◽  
Cooperative Federalism

<p>Resumo: O presente estudo buscou descrever e analisar a forma como a Administração Pública municipal de Caçapava do Sul realiza a gestão das pessoas encaminhadas pelo Poder Judiciário para cumprimento da pena de prestação de serviços às entidades públicas, através da análise dos processos referentes ao ano de 2017. Para tanto, utilizou-se de uma abordagem metodológica qualitativa, descritiva e exploratória, além de se valer de pesquisa documental e entrevista. Nesse período, constatou-se a existência de 64 encaminhamentos de pessoas para prestação de serviços. Dentre esses, apurou-se que 76,6% (49) dos processos encaminhados tiveram início, enquanto 23,4% (15) não começaram. Ademais, excluindo dez pessoas (15,6%) que não haviam sido designadas para nenhum lugar, verificou-se que 63% (34) das pessoas foram encaminhadas para a Secretaria de Obras. No tocante aos tipos penais imputados aos prestadores de serviço, constatou-se que 45,3% (29) das pessoas encaminhadas foram acusadas de posse de drogas. Após a entrevista com o servidor responsável, identificou-se três pontos de aperfeiçoamento na gestão das prestações: critérios objetivos e impessoais para a definição do setor de cumprimento; controle efetivo da frequência das pessoas prestadoras de serviços e troca de informações com o Poder Judiciário local a respeito da situação de cumprimento da prestação.</p><p>Abstract: The present study sought to describe and analyze how the Municipal Public Administration of Caçapava do Sul manages the people sent by the Judiciary to fulfill the penalty of providing services to public entities, through the analysis of the processes for the year 2017.For that, a qualitative, descriptive and exploratory methodological approach was used, in addition to documentary research and interview. During this period, it was verified the existence of 64 referrals of people to provide services. It was found that 76.6% (49) of the referrals started, while 23.4% (15) did not begin. In addition, excluding 10 people (15.6%) who had not been assigned to any place, it was found that 63% (34) of the people were referred to the Secretary of Works. Regarding the criminal types attributed to service providers, it was found that 45.3% (29) of the people referred were charged with possession of drugs. After the interview, three points of improvement in the management of the benefits were identified: objective and impersonal criteria for the definition of the compliance sector; effective control of the frequency of persons providing services and exchange of information with the local Judiciary regarding the status of compliance with the provision.</p>

scholarly journals Equitable Access of Naloxone Programs in Durham Region, Ontario, Canada

2020 ◽  
Vol 30 (Supplement_5) ◽  
Author(s):  
L Martignetti ◽  
W Sun
Keyword(s):  
Service Providers ◽  
Methodological Approach ◽  
Equitable Access ◽  
Descriptive Phenomenology ◽  
Environmental Scan ◽  
Key Informant ◽  
Timely Access ◽  
Qualitative Descriptive ◽  
New Policies ◽  
Key Informant Interview

Abstract Background In 2019 there were over 1500 opioid-related deaths in the province of Ontario, Canada. While the opioid crisis is affecting many socioeconomic groups and communities across Canada not all are being affected equally despite the presence of naloxone distribution programs in Ontario. This qualitative exploratory study seeks to understand facilitators and barriers that influence equitable access of naloxone programs in Durham Region, Ontario, Canada. Methods An environmental scan will be conducted to examine the availability and distribution of naloxone across community pharmacies and organizations in Durham Region. A qualitative descriptive phenomenology will be the methodological approach where key informant interviews will explore experiences of users and providers of naloxone programs. Key informants will include service providers and clients of both Ontario Naloxone Program and Ontario Naloxone Program for Pharmacies in Durham Region. The harm reduction framework will be used to guide data analysis where thematic analysis will be conducted to generate overarching themes about the phenomenon. Results The environmental scan will result in the creation of a map outlining availability and distribution of naloxone programs to examine possible gaps that exist in Durham Region. It is expected that key informant interview findings will help understand where inequity exists in accessing Ontario's naloxone programs in Durham Region by highlighting its barriers and facilitators. Conclusions Findings generated will be used for larger scale studies in the future examining equitable access of naloxone distribution programs in Canada. This study will have implications to provide recommendations to policymakers for developing new policies to facilitate timely access of naloxone to mitigate risk of opioid-related harms. Key messages This research will help to better understand the inequities that exist in Ontario's naloxone distribution programs. This research will help to inform recommendations to improve policies surrounding Ontario's naloxone distribution programs.

scholarly journals FORKLÆDTE PENGE: En diskussion af brugerbetaling i en gratis nicaraguansk folkeskole

2018 ◽  
Author(s):  
Clara Rübner Jørgensen
Keyword(s):  
Social Consequences ◽  
Economic Aspects ◽  
School Expenditures ◽  
The People ◽  
The Status ◽  
Definition Of ◽  
The City ◽  
The Way ◽  
Marginalized Families

On the basis of data collected during fieldwork in the city of León, Nicaragua, this article discusses the paradox of many Nicaraguan parents describing their children’s school as being free of charge despite the fact that they are frequently asked to pay for it. The article shows that, in spite of the constitutional definition of education as free and equal for all Nicaraguans, parents are often asked for economic contributions. By analysing the values surrounding the school I suggest that values of responsibility and solidarity influence the way that parents conceptualize their school expenditures and, in relation to this, confirm the status of the school as free. Furthermore, the article describes how Nicaraguan parents often compare the school to their home and describe the relation between teacher and students by using family terms. Inspired by the theory of the American sociologist James Carrier, I argue that this comparison, in addition to the values of responsibility and solidarity, further influences the way Nicaraguan parents and children experience their economic contributions. Finally, I argue that even though the users of the school describe it as free of charge, it remains necessary to recognize its economic aspects, since a lack of recognition can turn out to have important individual and social consequences for the people involved, especially, for the most economically marginalized families.  

scholarly journals Climate Change and Human Migration: Towards More Humane Interpretation of Refugee

2018 ◽  
Vol 2 (2) ◽  
pp. 220
Author(s):  
I Gede Eka Sarjana
Keyword(s):  
Climate Change ◽  
Human Migration ◽  
Internally Displaced ◽  
Legal Documents ◽  
The People ◽  
The Status ◽  
Legal Document ◽  
Environmental Refugee ◽  
Definition Of ◽  
Legal Concepts

This article seeks to highlight the existing 1951 Convention relating to the Status of Refugees (hereinafter referred to as Refugee Convention) and the possibilities of the document to encompass climate-induced migration by modifying, reconstructing and establishing a specific legal regime, considering that the concept of Internally Displaced Persons (IDPs) has been inadequate and incapable to incorporate the ‘newly introduced’ type of migrant. The definition of refugee in the Convention explicitly limits the scope of people who are forced to flee their home into migrants due to warfare and civil disturbance. In fact, there are people who can no longer gain decent livelihood due to environmental and social problems including poverty, drought, soil erosion, desertification, deforestation, floods and other environmental deterioration. However, these people have not been legally accepted as ‘refugee’ in the international arena. The author argues that ‘environmental refugee’ or ‘climate refugee’ is a clear and present issue, as climate change-related disasters are rampant and deteriorating. Therefore, this article will examine the existing and potential role of international law in effectively responding to climate change and its related humanitarian problems in the future. The development of a specific legal document on environmental refugee and the global acceptance of the status of the people not only represent a short-term solution for the affected people, but also introduce a long-term commitment of international community to alleviate poverty and guarantee the fulfilment of basic human rights and social justice for everyone. This article primarily investigates relevant legal documents and discovers some legal and non-legal concepts that are connected to the central topic of this article.

scholarly journals Classification of Women in The Class Concept of Dowry: A Study of Berger and Luckmann's Social Construction

2021 ◽  
Vol 16 (1) ◽  
pp. 152-182
Author(s):  
Ahmad Arif Masdar Hilmy ◽  
Ria Cahyaning Utami
Keyword(s):  
Social Construction ◽  
Islamic Law ◽  
Field Research ◽  
Religious Texts ◽  
Social Construction Theory ◽  
The People ◽  
The Status ◽  
Qualitative Descriptive

The determination of the dowry in the marriage of the people of Karangsono Village was originally based on the rules of Islamic law, namely by using the principles of convenience, lightness, and simplicity. However, people's lives that are never stagnant make them always interact with each other, thus forming a new concept of dowry determination in the community. The purpose of this article is to determine the description and implementation of the concept of the dowry class in the community marriage of Karangsono Village and to review it using the perspective of the social construction theory. This field research used a qualitative descriptive method and data analysis used Berger and Luckmann's social construction theory. Data were collected through document study, interviews, and observations. This research resulted in conclusions: (1) The concept of the dowry class in the community marriage of Karangsono Village is based on the classification of the prospective bride, which is seen from the status of a virgin or widow, her beauty, and age. The higher the quality of the woman, the higher the dowry she can get, (2) The determination of the dowry in Karangsono Village has undergone a social construction based on three simultaneous processes. The externalization process is illustrated through adaptation to religious texts and life being experienced. The process of objectivation here gives birth to new meanings, which are manifested in the actions of the wider community so that they become objective facts. The process of internalization is illustrated by the affirmation in the consciousness experienced subjectively.(Penentuan mahar dalam perkawinan masyarakat Desa Karangsono mulanya didasarkan pada aturan hukum Islam, yakni dengan menggunakan asas kemudahan, keringanan dan kesederhanaan. Namun kehidupan masyarakat yang tidak pernah stagnan, membuat mereka selalu berinteraksi satu sama lain, Tujuan artikel ini ialah untuk mengetahui deskripsi dan implementasi konsep kelas mahar dalam perkawinan masyarakat Desa Karangsono, serta ditinjau menggunakan perspektif teori konstruksi sosial. Penelitian lapangan ini menggunakan metode deskriptif kualitatif dan analisis datanya menggunakan teori konstruksi sosial Berger dan Luckmann. Pengambilan data dilakukan melalui studi dokumen, wawancara dan observasi. Penelitian ini menghasilkan beberapa kesimpulan: (1) Konsep kelas mahar dalam perkawinan masyarakat Desa Karangsono ialah berdasarkan klasifikasi yang dimiliki calon pengantin perempuan, yakni dilihat dari status perawan atau janda, paras kecantikan dan usianya. Semakin tinggi kualitas yang dimiliki perempuan, maka semakin tinggi pula mahar yang bisa didapatkannya, (2) Penentuan mahar di Desa Karangsono telah mengalami konstruksi sosial berdasarkan tiga proses simultan. Proses eksternalisasi tergambar melalui adaptasi dengan teks-teks keagamaan dan kehidupan yang sedang dialami. Proses objektivasi disini melahirkan pemaknaan baru, yang termanifestasikan ke dalam tindakan-tindakan masyarakat luas sehingga menjadi kenyataan objektif dan biasa dilakukan dalam kehidupan sehari-hari. Proses internalisasi tergambar oleh penegasan dalam kesadaran yang dialami secara subjektif dan pentransferan akan pengetahuan tentang makna-makna objektif)

constitutional inflation

2021 ◽  
Author(s):  
Abdulhamid Alawaq
Keyword(s):  
Judicial Review ◽  
Research Paper ◽  
The State ◽  
Constitutional Rule ◽  
The People ◽  
Islamic Jurisprudence ◽  
The Status ◽  
Public Rights ◽  
Definition Of

One of the methods that the authority uses to empty the constitutional text of its content and prevent it from achieving its goal is its resort to the two phenomena of “constitutional inflation” in sites that the nation does not need, and “constitutional failure” in sites that are expected from the text to protect public rights and freedoms or prevent an authority from overpowering the rest of the authorities. This is how the authority did in the Syrian constitution of 2012. It resorted to both phenomena together to achieve its goal of using the constitution as a tool and not as a control of the authority’s work. If legislative inflation is clear to legal jurisprudence, constitutional inflation is shrouded in ambiguity, so it resorted to a procedural definition of the research paper and considered every constitutional rule that does not bear the status of binding as a type of inflation. then I applied this definition to the general principles contained in the Syrian constitution in 32 articles, unlike democratic constitutions, which are shortened to articles regulating the general principles of the state. It became clear to me that only five articles are binding and the rest are non-binding guiding articles that are not suitable for reliance on judicial review. I have studied the rule (Islamic jurisprudence is a major source of legislation) in Syria and Egypt, and it has become clear to me that the authority intends to put it into place as a kind of distraction from paying attention to the rest of the constitution’s rules regulating public liberties and powers, even though the constitutional doctrine considers them to be non-binding. The struggle between the components of the people is still going on when drafting any constitution on general principles, most of which do not carry legal value.

scholarly journals That tough guy from Nazareth: A psychological assessment of Jesus

2014 ◽  
Vol 70 (1) ◽  
Author(s):  
J. Harold Ellens
Keyword(s):  
Good Reason ◽  
Religious Leaders ◽  
Relationship With God ◽  
Community Of Faith ◽  
The People ◽  
The Status ◽  
Teaching Point ◽  
Spiritual Vitality ◽  
Definition Of ◽  
The Temple

Christmas gives us that ’sweet little Jesus Boy’ and Lent follows that with the ‘gentle Jesus, meek and mild.’ He was neither of those. In point of fact, he was the ‘tough guy from Nazareth.’ He was consistently abrasive, if not abusive, to his mother (Lk 2:49; Jn 2:4; Mt 12:48) and aggressively hard on males, particularly those in authority. In Mark 8 he cursed and damned Peter for failing to get Jesus’ esoteric definition of Messiah correct. Nobody else understood it either. Jesus had made it up himself and not adequately explained it to anybody until then. He called the religious authorities snakes, corrupt tombs, filthy chinaware, fakes, and Mosaic legalists who had forgotten God’s real revelation of universal grace and salvation in the Abraham Covenant. He tore up the temple in the middle of a worship service and cursed those present for turning God’s house of prayer into a den of thieves, when actually they were kind, helping out-of-town tourists obtain the proper sacrifices for the liturgical rituals. Jesus was persistently aggressive, often angry and not infrequently irrational, killing an innocent fig tree with his curse, for example. He constantly attacked the Pharisees and their proposals for renewing the spiritual vitality of the Jewish Community. He abused numerous people by healing them on the Sabbath just to make his political point against the religious leaders. He could just as well have healed them on Tuesday, if he really wanted to heal them. By healing the blind man in John 9 on the Sabbath, for example, he caused the man to be driven out of his synagogue, his family, and his community of faith; isolated and abandoned as if he were a leper. Even when he said surprising things about children, his focus was not on the children but on his disciples, using the children as tools for making an assertive teaching point. Jesus’ life was one of perpetually aggressive claims for his vision of God’s reign. He constantly and intentionally provoked conflict and disruption of the status quo, spiritually and politically. He refused to negotiate, compromise, palliate, or mollify his insistence upon keeping his elbow perpetually in the eye of the people in power. In all this he would not back down. The principle by which Jesus operated was absolute and that is why he did not back down, even though they killed him for this very reason. His principle was simply that the renewal of Jewish spirituality could only come from a return to the Abrahamic Covenant, which declared (Gn 12; Rm 8) that God is gracious and universally forgiving towards all humankind, unconditional to our conduct and behaviour, and radically in that it removes all fear, guilt, and shame from the equation of our relationship with God (Mi 7:18–20). He saw that the Pharisees and Scribes were absolutely wrong in assuming that the Mosaic legal system would renew the Jewish relationship with God. He was not the gentle Jesus, meek and mild. He was that tough guy from Nazareth! He had good reason and he was willing to go the distance for what he stood for, even to death on the cross.

SIXTY-FIVE YEARS AND IT SHOWS THEM ALL: PROPOSALS FOR AMENDING THE 1951 CONVENTION RELATING TO THE STATUS OF REFUGEES

2016 ◽  
Vol 25 (1) ◽  
pp. 55-83
Author(s):  
Federico Lenzerini
Keyword(s):  
Human Rights ◽  
International Human Rights Law ◽  
International Regulation ◽  
The People ◽  
The Status ◽  
Considerable Impact ◽  
Definition Of ◽  
The Right ◽  
Human Rights Standards ◽  
Second World

The 1951 Convention Relating to the Status of Refugees was one of the major accomplishments of the post-Second-World-War international legal community. It became the cornerstone of the international regulation of the right of asylum and represented the spark that ignited subsequent developments of international law in the field of asylum and refugees. Even more notable is the fact that the Convention has continued to have considerable impact despite the passing of time. However, 65 years after its adoption the Convention is showing signs of ageing, because several of its provisions are inconsistent with the present state of evolution of international human rights law. These provisions would therefore need to be updated, taking into consideration contemporary human rights standards, so as to make the Convention a living instrument capable of effectively addressing the needs of the people to whose protection it is devoted. The provisions which most require amendment are Article 1(A)(2), providing the definition of “refugee”, the exclusion clauses included in Article 1(F), and the exceptions to the prohibition of refoulement contemplated by Article 33(2).

scholarly journals STUDI ANALISIS KUALITAS AIR DI DAERAH ALIRAN SUNGAI PAKERISAN PROVINSI BALI

2017 ◽  
Vol 11 (2) ◽  
pp. 101
Author(s):  
Ketut Asrini ◽  
I Wayan Sandi Adnyana ◽  
I Nyoman Rai
Keyword(s):  
Water Quality ◽  
Good Condition ◽  
Pollution Index ◽  
Quality Standards ◽  
Upstream Region ◽  
Index Method ◽  
The People ◽  
The Status ◽  
Sample Points ◽  
Definition Of

Pakerisan watershed is used by the people for various purposes to meet the daily needs for water and it is also for irrigation water. The aim of research was to determine the water quality related to human activities and the pollution index. Water sampling was conducted in the nine sample points i.e. upstream of two sample points, in the middle of four sample points, and in the downstream of three sample points. Sampling was done by purposive sampling. Determination of water quality was carried out by comparing the measured data of each parameter of water with the value of quality standards based on the Bali Governor Regulation Number  08 of 2007, while the definition of the status of water quality was done by the pollution index method. The results showed that the activities that affect the water quality physically, chemically and biologically at the upstream to downstream are farming activities, settlements, tourism and trade. In the upstream showed no parameters that exceeded the quality standards, the variables of BOD, COD, phosphate, fecal coli and total coli exceeded the quality standards and in the downstream,  the BOD, fosfat and  fecal coli exceeded the quality standards. The pollution index found in the upstream region good condition, whereas in the middle was classified as heavily polluted until the downstream  was lightly polluted.

scholarly journals Formation and development trends of self-employment in the Republic of Kazakhstan: applied research

2020 ◽  
Vol 159 ◽  
pp. 06011
Author(s):  
Guliya Ilyashova ◽  
Dauren Turarov ◽  
Riza Murabildaeva ◽  
Aiman Batyr
Keyword(s):  
National Economy ◽  
Applied Research ◽  
Methodological Approach ◽  
The Self ◽  
Development Trends ◽  
Self Employment ◽  
Modern Economy ◽  
The Status ◽  
The Republic ◽  
Definition Of

A lot of the business learning a self-employed must do is actually unlearning many old husbands’ tales that are so often told to unsuspecting indies. Take, for instance, all the dire warnings and urgings to feel sorry for yourself because you are being shafted by the tax code. Oh, big, bad government — does not it give all the tax breaks to national corporations and employees! Moreover, poor little indie gets nothing but headaches and high taxes. Well, right now, as your New Year’s Resolution, throw out those old-fashioned ideas. Take charge. Learn. Pay less tax! Sure, the tax code is written for corporations and employees, not for you, a self-employed. Of course the big boys get advantages that are out of bounds for you. However, in a dynamically developing modern economy, self-employment has its advantages. The aim of the study is to identify criteria that allow defining self-employment among other types of employment, determining the status of self-employment in the national economy, disclosing forms of self-employment, and considering the factors and characteristics of the formation of self-employment in the modern economy of the Republic of Kazakhstan. The researchers propose a methodological approach to the definition of the self-employment concept.

scholarly journals Antitrust intent in an age of algorithmic nudging

2019 ◽  
Vol 7 (3) ◽  
pp. 386-418 ◽  
Author(s):  
Nicolo Zingales
Keyword(s):  
Service Providers ◽  
Critical Examination ◽  
Safe Harbour ◽  
Eu Competition Law ◽  
State Of Mind ◽  
The Status ◽  
Scope Of Application ◽  
Intermediary Liability ◽  
Definition Of

Abstract This article revisits the role of intent for the purposes of establishing an abuse of dominance under EU competition law. It does so by reviewing cases where the outcome hinged on the existence of anticompetitive intent, and eliciting from that a set of guiding principles. The consistency with those principles of the recent decision in Google Shopping is then discussed. After a critical examination of the definition of abusive conduct used by the Commission and the extent to which it satisfies the intent requirement in antitrust, the broader implications for providers of algorithmic intermediation services are explored. Two recommendations are offered to ameliorate the status quo. First, courts and competition authorities should only take into account a defendant’s subjective state of mind under a ‘qualified intent’ test: a test requiring proof of immediate, substantial and foreseeable anticompetitive effects arising from a purported conduct. Secondly, to constrain the scope of application of the actionable duty of algorithmic self-scrutiny, regulators should introduce a negligence-based ‘safe harbor’. This safe harbour, mimicking the specialized regime of intermediary liability for information society service providers, would enable continued investment and innovation in algorithmic services while also promoting adherence to cross-industry best practices in algorithmic design.

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