scholarly journals Serviço público adequado e a cláusula de proibição de retrocesso social

2016 ◽  
Vol 1 (1) ◽  
Author(s):  
Paulo Ricardo Schier ◽  
Adriana Da Costa Ricardo Schier
Keyword(s):  
Public Service ◽  
Public Lands ◽  
State Intervention ◽  
Administrative Law ◽  
Conservation Unit ◽  
Ratchet Effect ◽  
The Public ◽  
The Future ◽  
Lock In ◽  
The Way

<p><strong>SERVIÇO PÚBLICO ADEQUADO E A CLÁUSULA DE PROIBIÇÃO DE RETROCESSO SOCIAL </strong></p><p><strong>Resumo:</strong> O objetivo central do estudo é demonstrar que na perspectiva de uma constitucionalização adequada do Direito Administrativo não apenas o serviço público deve ser considerado um direito fundamental, mas também o regime jurídico de sua prestação. Neste sentido defende-se que o regime jurídico do serviço público definido no art. 6º, § 1º, da Lei n.º 8.987/95 é uma garantia que, a despeito de possuir delineamento infraconstitucional, apresenta-se como direito fundamental e, logo, este regime é protegido como cláusula pétrea e, portanto, em relação a ele, atendidos alguns pressupostos, incide a cláusula de proibição de retrocesso social de modo a estar protegido em face de legislação corrosiva futura. Os pressupostos de incidência da vedação de retrocesso social no campo do regime jurídico do serviço público seriam: (i) existência de consenso em relação à relevância do conteúdo disciplinado através da lei, (ii) que a legislação esteja a densificar um direito fundamental e (iii) que a legislação futura, ao revogar a vigente, venha a atingir o núcleo essencial do direito afetado.</p><p><strong>Palavras-chaves:</strong> Serviço Público; Regime Jurídico do Serviço Público; Proibição de Retrocesso Social; Mínimo existencial.</p><p><strong>THE SUITABLE PUBLIC SERVICE AND THE PROHIBITING CLAUSE OF SOCIAL RETROCESSION (RATCHET EFFECT) </strong></p><p><strong>Abstract:</strong> The main purpose of this work is demonstrate that, in the perspective of an adequate constitutionalization of Administrative Law, not only the Public Service must be consider as a fundamental right, but also the juridical regime for its application. In this sense, it is established that the juridical regime of the public service at the 6th article, 1st §, Law n° 8.987/95 is a guarantee that, despite it possesses "infraconstitutional" design, it is presented as fundamental right and since it is, this regime is protect as an irrevocable cause, therefore, in its relation, and once some presupposed points being responded, it claims the prohibiting clause of social retrogression in a way to protect it from a rusty legislation in the future. The pressupose of an incidence of a social retroceding lock in the juridical field on public service would be: (i) the existence of a consensus related to the pertinence of the disciplined purport through the law, (ii) the legislation could be in the way to densify a fundamental right and (iii) that the future legislation, revoking the actual, come to hit the hub of the affected right.</p><p><strong>Keywords:</strong> State intervention; Law 9.985/2000; Public lands; Conservation Unit; Expropriation.</p><p><strong>Data da submissão:</strong> 03/05/2016                   <strong>Data da aprovação:</strong> 12/06/2016</p>

scholarly journals Intervenção do poder público em outras terras públicas para criação de unidades de conservação

2016 ◽  
Vol 1 (1) ◽  
Author(s):  
José Roque Nunes Marques ◽  
Ronaldo Pereira Santos
Keyword(s):  
Protected Areas ◽  
Public Lands ◽  
State Intervention ◽  
Conservation Unit ◽  
Conservation Units ◽  
Public Authorities ◽  
The Public ◽  
Compensation Payment ◽  
Different Types ◽  
Legal Competency

<p><strong>INTERVENÇÃO DO PODER PÚBLICO EM OUTRAS TERRAS PÚBLICAS PARA CRIAÇÃO DE UNIDADES DE CONSERVAÇÃO </strong></p><p><strong>Resumo:</strong> A Constituição Federal tutela os recursos naturais sendo obrigação do Estado e da Sociedade e competência comum a todos entes Federativos. A Lei 9.985/00 não enfrentou questões importantes como o da dominialidade das terras públicas. Em 15 anos após a Lei, muitas áreas têm sido criadas em sobreposição ou em territórios sem o domínio do ente titular do ato. Este cenário gera no mínimo insegurança jurídica, desentendimentos fundiários, além de conflitos locais. O objetivo central deste artigo é discutir se os dispositivos da Lei 9.985 de 2000, seu decreto e a Constituição, autorizam a criação de espaços protegidos em área de outro ente da Federação. Além disso, analisar as diferença quanto à modalidade de UC – de uso sustentável ou de proteção integral. As UC de uso Sustentável podem ser criadas em áreas sem o domínio do titular, pois estar-se-ia meramente atuando com Limitação Administrativa, sem a transferência do domínio. Nas UC de proteção integral sua instituição dependem do domínio pelo titular do ato, salvo quando ocorrer a desapropriação nos casos admitidos em Lei.</p><p><strong>Palavras-chaves:</strong> Intervenção do Estado; Lei 9.985/2000; Terras Públicas; Unidade de Conservação; Desapropriação.</p><p><strong>INTERVENTION OF THE PUBLIC AUTHORITIES IN OTHER PUBLIC LANDS FOR CONSERVATION UNITS OF CREATION </strong></p><p><strong>Abstract:</strong> Natural resources protection is a Constitutional duty for both all society and State. Besides all federation members detain such common legal competency. The Brazilian Protected Area´s Act (Law 9.985 of 2000) it was not clear whether it is possible to create Protected Areas over public lands. Over last 15 years many areas have been created in overlapping public territories generating legal uncertainty, disagreements, and local conflicts. The aim of this text was to discuss whether law and the Constitution authorize a member of the Federation to institute Protected Areas in land of another member Federation. Furthermore, to examine the legal effects for different types of Protected Areas. The modality of Sustainable Protected Areas (SPA) can be created in areas without the domain. This is because merely would be acting with administrative limitation. On the other hand, the modality of Full Protected Areas (FPA) depend on the domain, except under the expropriation and compensation payment.</p><p><strong>Keywords:</strong> State intervention; Law 9.985/2000; Public lands; Conservation Unit; Expropriation.</p><p><strong>Data da submissão:</strong> 30/04/2016                   <strong>Data da aprovação:</strong> 12/06/2016</p>

De publieke-omroepopdracht in de ogen van het publiek: survey-onderzoek naar de toekomstige taak van de Vlaamse publieke omroep

2012 ◽  
Vol 40 (2) ◽  
Author(s):  
Alexander Dhoest ◽  
Hilde Van den Bulck ◽  
Heidi Vandebosch ◽  
Myrte Dierckx
Keyword(s):  
Survey Research ◽  
Public Service ◽  
Public Broadcasting ◽  
Future Role ◽  
The Public ◽  
Public Service Broadcasting ◽  
Highly Educated ◽  
The Future ◽  
Current Task

The public broadcasting remit in the eyes of the audience: survey research into the future role of Flemish public service broadcasting The public broadcasting remit in the eyes of the audience: survey research into the future role of Flemish public service broadcasting In view of the discussion about the future position of public service broadcasting, this research investigates the expectations of Flemings regarding their public service broadcasting institution VRT. Based on the current task description of the VRT, a survey was effectuated among a representative sample of Flemings (N=1565). Questions were asked about the content (broad or complementary to commercial broadcasting), audience (broad or niche) and distinctive nature of public service broadcasting. The analysis shows that, overall, Flemings are in favour of a broad public service broadcasting institution with a strong focus on entertainment (besides information), oriented towards a broad audience. At the same time, they believe the institution should distinguish itself from its competitors, through quality, social responsibility, cultural identity and (particularly creative) innovation, among other things. Cluster analysis shows that the call to prioritize culture and education over entertainment, which dominates public debate, is representative of only a minority (20%) of highly educated Flemings.

scholarly journals Administrative Law Aspects of Bringing Employees of Prosecution Authorities to Disciplinary Liability

2020 ◽  
Vol 12 ◽  
pp. 59-61
Author(s):  
Vladilen V. Strelnikov ◽  
Keyword(s):  
Law Enforcement ◽  
Public Service ◽  
Administrative Law ◽  
Practical Implementation ◽  
Scientific Article ◽  
Legal Analysis ◽  
Law Enforcement Agencies ◽  
Legal Norms ◽  
The Public ◽  
Legal Documents

The scientific article analyses issues related to the practical implementation of legal norms governing the procedure for disciplinary liability of prosecutors. A theoretical analysis of the interpretations of disciplinary responsibility in the public service formulated by leading legal scholars was carried out. A comparative legal analysis has been carried out of the regulations governing the procedure for the imposition of disciplinary penalties in State bodies, including law enforcement agencies and the legal documents governing these issues in the prosecutor’s office.

The Public Festival: Inspiration and interconnectivity at the heart of festivals

2015 ◽  
Author(s):  
Kathrin Deventer
Keyword(s):  
Interest Groups ◽  
Real Life ◽  
Political Context ◽  
The Political ◽  
Human Beings ◽  
Abstract Theory ◽  
The Public ◽  
Fertile Ground ◽  
The Future ◽  
The Way

Festivals have been around, and will always be around; no matter the political context they are embedded in, supported by, or hindered by. Why? Simply because society develops, it transforms, it is dynamic and it needs space for reflection and inspiration. Festivals are platforms for people to meet, and for artists to present their work, their creations. This gives festivals an enduring, quite independent mission and reason to exist: as long as festivals strive to offer a biotope for artists and audiences alike and point to questions which concern the way we live and want to live, they will be a fertile ground for a meaningful development of society – and an offer for serving the public wellbeing. What are the challenges festivals are facing today? There are a series of very complex questions related to festivals’ positioning us as human beings in an interconnected, global society, our relation to nature and the immediate surroundings, our stories of life so that as many citizens as possible can be part of the societal discourse, can be enriched, can be touched, can be heard, can be moved. Individuals, interest groups, nationalities, countries, even continents are interconnected. What does this mean for a festival? Travelling across Europe for work and pleasure and meeting citizens from all walks of life has taught me that citizens, a term that connects individuals to some larger constructed community, are just people, everyday people, going about their lives. People connect with other humans and their human stories, real life encounters. Abstract theory and jargon are meaningless when they lack real life connections. Meaningful festivals of the future will offer possibilities for new connections among people: they invite people to travel in time and in space; they inspire to connect human stories, enriching them with new, unexpected, colourful stories!

‘Your memorials shall survive the grave’: elegy and remembrance

2018 ◽  
pp. 118-149
Author(s):  
Alison Morgan
Keyword(s):  
Central Feature ◽  
Self Awareness ◽  
The Public ◽  
Vernacular Culture ◽  
The Future ◽  
Broadside Ballads ◽  
The Dead ◽  
The Moment ◽  
The Way

The sixteen ballads and songs within this section fall into two camps: elegy and remembrance. Whilst a central feature of elegiac poetry is the way in which it remembers or memorialises the dead, the dead a poem which is one of remembrance is not necessarily an elegy. Several of the songs herein use the date of Peterloo as a temporal marker – with an eye both on the contemporaneous reader or audience and the future reader. Included in this section are broadside ballads by Michael Wilson and elegies by Samuel Bamford and Peter Pindar. These songs display a self-awareness in their significance in marking the moment for posterity and in their attempts to reach an audience beyond Manchester and ensure that the public knew what had happened on 16th August as well as preserving the event in English vernacular culture. It is also a quest for ownership of the narrative of the day; the speed with which so many of these songs were written and published not only suggests the ferocity of emotions surrounding events but also the need to exert some control over the way in which they were represented.

The Future of Labour Relations in the Public Service

Labour ◽  
1991 ◽  
Vol 5 (1) ◽  
pp. 147-164
Author(s):  
Tiziano Treu ◽  
A. De. Felice
Keyword(s):  
Public Service ◽  
Labour Relations ◽  
The Public ◽  
The Future

scholarly journals Where The Sidewalk Ends: The Governance Of Waterfront Toronto’s Sidewalk Labs Deal

2020 ◽  
Vol 36 ◽  
pp. 263-283
Author(s):  
Alexandra Flynn ◽  
Mariana Valverde
Keyword(s):  
Smart City ◽  
Local Governance ◽  
Administrative Law ◽  
Good Time ◽  
Public Authorities ◽  
Municipal Governments ◽  
The Public ◽  
Whole Process ◽  
The Future

In May 2020 Sidewalk Labs, the Google-affiliated ‘urban innovation’ company, announced that it was abandoning its ambition to build a ‘smart city’ on Toronto’s waterfront and thus ending its three-year relationship with Waterfront Toronto. This is thus a good time to look back and examine the whole process, with a view to drawing lessons both for the future of Canadian smart city projects and the future of public sector agencies with appointed boards. This article leaves to one side the gadgets and sensors that drew much attention to the proposed project, and instead focuses on the governance aspects, especially the role of the public ‘partner’ in the contemplated public-private partnership. We find that the multi-government agency, Waterfront Toronto, had transparency and accountability deficiencies, and failed to consistently defend the public interest from the beginning (the Request for Proposals issued in May of 2017).  Because the public partner in the proposed ‘deal’ was not, as is usually the case in smart city projects, a municipal corporation, our research allows us to address an important question in administrative law, namely: what powers should administrative bodies outside of government have in crafting smart city policies? In Canada, the comparatively limited Canadian scholarly work regarding urban law and governance has mainly focused on municipal governments themselves, and this scholarly void has contributed to the fact that the public is largely unaware of the numerous local bodies that oversee local matters beyond municipal governments.  This paper hones into the details of the WT-Sidewalk Labs partnership to understand the powers and limitations of WT in assuming a governmental role in establishing and overseeing ‘smart city’ relationships. It ultimately argues that WT has not been – nor should it be – empowered to create a smart city along Toronto’s post-industrial waterfront. Such tasks, we argue, belong to democratic bodies like municipalities. An important contribution of this paper is to situate the evolving role of public authorities in the local governance literature and in the context of administrative law.

scholarly journals The Public Service Media and Public Service Internet Utopias Survey Report

2021 ◽  
pp. 19-68
Author(s):  
Christian Fuchs
Keyword(s):  
Digital Media ◽  
Public Service ◽  
The Internet ◽  
The Public ◽  
Exploratory Survey ◽  
The Future ◽  
Utopian Thinking ◽  
New Ideas ◽  
Survey Results ◽  
Progressive Reforms

This chapter presents the results of the Public Service Media and Public Service Internet Utopias Survey, an exploratory survey conducted by Christian Fuchs. The survey was the first step in the process that led to the Public Service Media and Public Service Internet Manifesto. The exploratory survey was focused on gathering ideas about the future of the Internet and public service media. The survey was qualitative in nature and focused on three themes: communication, digital media and the Internet in an ideal world; progressive reforms of public service media; public service media and the Internet in 2030. There were 141 responses. The survey results informed and structured the further work process that led to the Public Service Media and Public Service Internet Manifesto. The survey provides ample evidence for the importance of Public Service Media for the future of the democratic public sphere and shows that the Public Service Internet is the key issue for the future of Public Service Media. The survey inspired concrete utopian thinking among the respondents in order to generate new ideas about the future of the Internet. The exploratory survey was focused on gathering ideas about the future of the Internet and public service media. The survey was qualitative in nature and focused on three themes: communication, digital media and the Internet in an ideal world; progressive reforms of public service media; public service media and the Internet in 2030. There were 141 responses. The survey results informed and structured the further work process that led to the Public Service Media and Public Service Internet Manifesto. The survey provides ample evidence for the importance of Public Service Media for the future of the democratic public sphere and shows that the Public Service Internet is the key issue for the future of Public Service Media. The survey inspired concrete utopian thinking among the respondents in order to generate new ideas about the future of the Internet.

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