scholarly journals As cláusulas pétreas: a possibilidade de revisão constitucional de vinculações de receitas na área da educação

KPGT_dlutz_1 ◽  
2018 ◽  
Vol 31 (3) ◽  
pp. 585
Author(s):  
Luiz Henrique Urquhart Cademartori ◽  
Noel Antônio Baratieri
Keyword(s):  
Public Education ◽  
The State ◽  
Point Of View ◽  
The Other ◽  
Future Generations ◽  
Constitutional Amendment ◽  
Right To Education ◽  
Constitutional Evolution ◽  
The One ◽  
The Right

As cláusulas pétreas: a possibilidade de revisão constitucional de vinculações de receitas na área da educação Resumo: O artigo aborda os limites e as possibilidades de alteração de normas constitucionais que garantem vinculação orçamentária para funções típicas do Estado tais como a Educação Pública. O problema é saber se uma emenda constitucional supressiva da referida garantia orçamentária seria constitucional ou não. A hipótese que se suscita neste estudo procura delinear em que medida seria inconstitucional tal adoção, posto que estaria restringindo, indiretamente, um direito fundamental, no caso o direito à educação, mas, ao mesmo tempo, esta simples constatação encontraria entraves sob a ótica de uma democracia intergeracional. Considera-se, de uma parte, o direito à educação é protegido, originariamente, no âmbito constitucional brasileiro como cláusula pétrea, mas, de outra, gerações futuras ou problemas conjunturais governamentais posteriores à 1988 podem questionar a legitimidade de normas fundamentais originadas em contexto sociopolítico anterior. Para o desenvolvimento deste trabalho, primeiramente analisam-se as cláusulas pétreas e os limites ao poder reformador. A seguir, estudam-se as referidas cláusulas e a sua evolução constitucional. Posteriormente, faz-se uma análise da constitucionalidade de eventual emenda que suprima a vinculação obrigatória de receitas para a educação sob o prisma da proibição de retrocesso. Palavras chave: Cláusulas pétreas. Constituição. Educação. Retrocesso. Receitas públicas. Safeguard clauses: the possibility of constitutional reviewing the bonded educational income Abstract: The article deals with the limits and possibilities of altering constitutional norms that guarantee budgetary linkage to functions typical of the State as a Public Education. The problem is whether a constitutional amendment suppressing the standard budget guarantee would be constitutional or not. The hypothesis that arises in this study looks for what is necessary, is not a fundamental right, is not a case, but the same, this is a finding found obstacles from the point of view of an intergenerational democracy. It is considered, on the one hand, that the right to education is protected, originally, it is not very Brazilian constitutional as a stony clause, but, on the other hand, future generations or post-1988 governmental conjunctural problems may question the legitimacy of fundamental norms originated in context previous sociopolitical. For the development of this work, firstly they are analyzed like stone clauses and the limits to the reformer power. Next, they are studied as clauses of clauses and their constitutional evolution. Subsequently, an analysis is made of the constitutionality of any amendment that abolishes the mandatory binding of transfer to the critic of a prison of prohibition of retrocession. Keywords: Constitution. Education. Public income. Regression. Safeguard clauses.

Right to Education in Mother Language

2021 ◽  
pp. 223-241
Author(s):  
Nima Norouzi ◽  
Hussein Movahedian
Keyword(s):  
Human Rights ◽  
Mother Tongue ◽  
The Other ◽  
Right To Education ◽  
International Human Rights ◽  
Linguistic Rights ◽  
Government Institutions ◽  
International Human ◽  
The One ◽  
The Right

The right to use one's mother language is affected by examining the nature of this right in the international human rights system. Speaking of linguistic rights requires examining this right in the context of general human rights and the rights of minorities. On the one hand, the right to use one's mother tongue is rooted in the “right to be different,” which itself is inspired by human dignity, and, on the other hand, because the linguistic rights of the majority are better guaranteed than the linguistic rights of the minority. This chapter examines the right to use one's mother tongue in the minority system; therefore, language rights can be divided into two approaches based on tolerance, which prohibits any interference with the choice of language and its use by governments, as well as an extension-based approach that seeks to protect the right to use language in various fields such as education, court, public arena, and government institutions.

scholarly journals Legal aspect of social entrepreneurship

2019 ◽  
Vol 91 ◽  
pp. 08071 ◽  
Author(s):  
Uliana Filatova ◽  
Nina Semeryanova ◽  
Svetlana Suslova ◽  
Alena Gabudina ◽  
Anna Kopytova
Keyword(s):  
Social Entrepreneurship ◽  
Legal Aspect ◽  
Legal Framework ◽  
The State ◽  
Point Of View ◽  
The Other ◽  
Social Entrepreneurs ◽  
Economic Relations ◽  
The One ◽  
Definition Of

The article discusses the main issues of definition of social entrepreneurship, both from economic and legal point of view. Since Russian legislature is only at the beginning of the way to create legal framework for activities, legislation on social entrepreneurship seems fragmentary and inconsistent. All of that adversely affects development of social entrepreneurship. Official city statistics (Nizhnevartovsk) show that less than a third of all entrepreneurs are interested in this type of activity; entrepreneurs who already have business in the field of social entrepreneurship mostly do not plan to expand current activities in this area. Analysis can contribute to creation of developed socio-economic relations in Russia. It can be achieved by building effective relations between social entrepreneurs and beneficiaries on the one hand, and also between social entrepreneurs and the state on the other.

On the issue of legal guarantees for employees during public or public duties

2020 ◽  
pp. 26-31
Author(s):  
Alexander Іanushkevych
Keyword(s):  
The State ◽  
The Other ◽  
Labor Rights ◽  
Main Body ◽  
Role Of The State ◽  
Effective Performance ◽  
The One ◽  
The Individual ◽  
The Right ◽  
Favorable Conditions

Problem setting. The article analyzes the features of legal guarantees provided for employees during the performance of state or public duties, considers their essence and significance. It is concluded that their presence, on the one hand, contributes to the quality and effective performance of their duties by a citizen, on the other – ensures the appropriate level of legality and compliance with c urrent regulations. Analysis of recent researches and publications. Some aspects of legal guarantees of labor rights in their publications covered the following scientists: S.Ya. Vavzhenchuk, T.M. Zavorotchenko, M.I. Inshin, V.L. Kostyuk, N.V. Kokhan, O.I. Protsevsky, O.A. Sytnytska, O.M. Yaroshenko, and others. The purpose of the article is to analyze the legal guarantees for employees during the performance of state or public duties, to reveal their essence and meaning. Article’s main body. The article is noted that the guarantees established by the state for employees during the performance of state or public duties (preservation of the place of work (position) and salary) are special protective equipment that supports and protects the employee in cases where he for reasons recognized by law respectable, did not work. The above-mentioned labor guarantees, which ensure the realization of the rights granted to employees, are both intangible (for example, preservation of the place of work, position) and material (preservation of average earnings). The purpose of the sums of money paid during this time is to en sure the preservation of the average earnings of the employee (in whole or in part), as well as to prevent the loss of these earnings. Thus, they are a form of realization of a legal guarantee of the right of employees to prevent the reduction or loss of their income and provide it by preserving the wages of employees, have a material nature. It is noted that the important role of the state in this matter. Whereas, in enshrining the rights and freedoms of the individual in law, he must undertake certain obligations to create favorable conditions for their effective provision: to provide citizens with real opportunities for the practical exercise of their rights and freedoms; to protect the rights and freedoms of the person from possible illegal encroachments; to protect the rights and freedoms of the person in case of their illegal violation. Conclusions and prospects for the development. After analyzing the features of legal guarantees provided for employees during the performance of state or public duties, we can note their importance and significance, especially today. Their presence, on the one hand, contributes to the quality and effective performance of their duties by a citizen, on the other hand, ensures the appropriate level of legality and compliance with the provisions of applicable regulations.

Canons of Evasion in Constitutional Criminal Law

2017 ◽  
Author(s):  
Sharon Dolovich
Keyword(s):  
Supreme Court ◽  
Criminal Law ◽  
Judicial Review ◽  
The State ◽  
The Other ◽  
State Action ◽  
The Supreme Court ◽  
The Face ◽  
The One ◽  
The Right

In this chapter, Sharon Dolovich argues that the Supreme Court deploys three “canons of evasion” that undermine core constitutional principles: deference, presumption, and question substitution. The chapter shows how the Court on the one hand affirms basic constitutional principles—such as the right to counsel or the right against cruel and unusual punishment—that courts are to enforce against the state for the protection of individual penal subjects. Yet on the other hand, the doctrinal maneuvers of deference, presumption, and substitute question encourage judges in individual cases to affirm the constitutionality of state action even in the face of seemingly egregious facts. As a result, judicial review delivers almost automatic and uncritical validation of whatever state action produced the challenged conviction, sentence, or punishment. Dolovich identifies troubling questions raised by pervasive use of these canons for the legitimacy of the state’s penal power.

The Right against Interference: Human Rights and Legitimate Authority

2013 ◽  
Vol 7 (1) ◽  
pp. 25-46 ◽  
Author(s):  
Daniel Viehoff
Keyword(s):  
Human Rights ◽  
The State ◽  
The Other ◽  
Human Rights Violations ◽  
Legitimate Authority ◽  
Human Rights Practice ◽  
Internal Affairs ◽  
The One ◽  
The Right

Abstract Among the functions of state borders is to delineate a domain within which outsiders may normally not interfere. But the human rights practice that has sprung up in recent decades has imposed significant limits on a state’s right against interference. This article considers the connection between human rights on the one hand and justified interference in the internal affairs of states on the other. States, this article argues, have a right against interference if and because they serve their subjects. Interference by outsiders threatens to set back their capacity to serve and thus ultimately harms those over whom the state exercises power. Human rights, in turn, circumscribe the outer limits of what any state can do while plausibly claiming to be serving its subjects. On this view, human rights are distinguished from other rights because they function as cancelling conditions on the state’s right against outside interference: while interfering in the internal affairs of a state normally wrongs that state, interfering where the state fails to respect human rights does not. Contrary to what is often thought, human rights violations do not justify outside interference. They merely make a state liable to such interference. The further considerations that must enter into an all things considered judgment in favor of interference are irrelevant for determining what human rights we have.

La norma č una credenza? Su The law and the Right di Enrico Pattaro

2009 ◽  
pp. 181-192
Author(s):  
Alfonso Catania
Keyword(s):  
Conceptual Framework ◽  
Point Of View ◽  
Legal Positivism ◽  
The Other ◽  
External Point ◽  
Social Dynamic ◽  
The Law ◽  
Normative Dimension ◽  
The One ◽  
The Right

- Enrico Pattaro's volume The Law and the Right features an appreciable finesse of argumentation and an analysis of unusual historical density. The attention paid to psychology absolutely significant when studying an area like that of law, which comprises relationships of expectation and of claim is deserving of recognition as an indispensable, urgent complexification of the conceptual framework of legal positivism and realism, whose reasoning has for some time been manifesting a degree of aridity and, I dare say, poverty. The author identifies the fact that Hart is treated as having espoused the psychologically-inclined realist school as a consequence of the realistic attention to describing normative attitudes as somewhat forced reasoning. These normative attitudes that Hart analyses by drawing a distinction between the internal and the external point of view can hardly be reduced to mere internal experiences that are pregnant exclusively in empirical psychological terms. While the epistemological option in favour of a radical, materialist, psychologist monism expounded in Pattaro's book on the one hand stimulates a valuable investigation into the mental and social dynamic immanent to reality (which must be), no less than the plane of reality that is, on the other hand it runs the risk of casting a shadow on the dimension of designing and transforming reality practised by those who generate norms (marginal in volume compared to the prevalence of believers who make them what they are by the very act of believing in them), thus blacking out the dialectic tension between law and facticity, obedience and effectiveness. This is a classical objection to radical realism that is not overcome by the attention paid by Pattaro to the normative dimension "in the relative sense".

scholarly journals COMPULSORY EDUCATION IN BRAZIL: PRIVATIZATION TRENDS AND LIMITS THE RIGHT TO EDUCATION

2017 ◽  
Vol 75 (4) ◽  
pp. 324-334
Author(s):  
Theresa Adrião ◽  
Teise Garcia ◽  
Juliana Azevedo
Keyword(s):  
Public Schools ◽  
Public Education ◽  
Compulsory Education ◽  
Sao Paulo ◽  
The State ◽  
São Paulo ◽  
Structured Interviews ◽  
Right To Education ◽  
Documentary Sources ◽  
The Right

This research aims to present a result on three educational policies in force in Brazil that link public education at the stage of compulsory schooling to the interests of corporations or sectors linked to them. The first is called Integral Secondary Education and was implemented in one of the poorest regions of the country, the state of Pernambuco; The second identified as Education - Commitment Program São Paulo is being developed in the richest region of Brazil, the state of São Paulo, where the third policy was also disseminated with the adoption of so - called Private Education Systems in public schools. The research, of a qualitative nature, derives from research in primary documentary sources and semi-structured interviews with educational managers. The results confirm the trends identified in the literature, according to which education, when it is a field for business expansion through the performance of private companies directly in the management of public education, accentuates inequalities of access to schooling processes. In the analyzed cases, these inequalities are observed in the unequal access to the time of permanence in the school; In the unequal working conditions of teachers and in the allocation of public funds to profitable companies, to the detriment of investment in public education. Keywords: public primary education, privatization of education, right to education.

scholarly journals POSTREALISM AND NATIONAL MODELS OF EVERYDAY LIFE IN MODERN WOMEN’S PROSE OF GREAT BRITAIN (ANNA BURNS AND BERNADINE EVARISTO)

2021 ◽  
pp. 114-120
Author(s):  
Tetiana Sverbilova
Keyword(s):  
Everyday Life ◽  
Open Space ◽  
Private Life ◽  
Point Of View ◽  
The Other ◽  
Global Culture ◽  
National Models ◽  
The Difference ◽  
The One ◽  
The Right

The article analyzes the poetics of everyday life in the novels of Anna Burns «Milkman» and Bernardin Evaristo «Girl, Woman, Other» in terms of modern theories of postrealism, which exists in the paradigm of both postmodernism and metamodernism. Accordingly, the narrative purpose of everyday rhetoric changes towards the symbolization of the banal as everyday. The traditional realities and details of the various national models of everyday life of both Irish and black British women, such as corporeality, appearance, food, clothing, topos of open space and interiors of private life, family and sexual relations, details of career and professional occupations, education and leisure, sports, various hobbies, etc. It is determined similar and diverse in different local national, racial and cultural matrices within the British postrealism of the gender type, which opposes traditional mimetic realism by the tendency to symbolize and metaphorize reality. In the age of postrealism, this is an attempt in the global world to modernize everyday life up to the level of the main modern problems of mankind. Postrealistic processes of symbolization of everyday life in the aspect related to the processes of globalization of culture is considered. This is the interaction of totalitarian thinking and new global practices of mankind. In this case, according to the principles of transculturation of global culture, it is not a one-sided influence, but interaction and interpenetration. The imagologem of the Other is analyzed as a cultural phenomenon and as a subject of narration. The difference of female images is identified as a national betrayal from the point of view of the patriarchal-tribalist community in the novel by Anna Burns. But the view of «others» in Bernardin Evaristo’s novel is characterized too by a certain monopoly in deviating from this otherness, both in thedirection of trying to preserve national, racial identity, and in the direction of the traditional norm as the oppression of a peculiar and diverse personality. The struggle for the right to an independent identity becomes the main plot of both novels, which move, on the one hand, in the traditional gender themes and, on the other hand, go beyond traditional women’s prose, not least due to symbolic stylistics and poetics in the display of everyday life in postrealist discourse.

scholarly journals POLÍTICAS PÚBLICAS COMO EFETIVAÇÃO DA TUTELA CONSTITUCIONAL DO DIREITO À EDUCAÇÃO

2020 ◽  
pp. 87-101
Author(s):  
Clovis Demarchi ◽  
Jeane Cristina de Oliveira Cardoso
Keyword(s):  
Public Policy ◽  
Legal System ◽  
The State ◽  
The Other ◽  
Constitutional Rule ◽  
Right To Education ◽  
Social Law ◽  
Great Relevance ◽  
The Right ◽  
Specific Section

Este artigo aborda aspectos do Direito à Educação preceituado no ordenamento jurídico brasileiro, especialmente, no tratamento consagrado na norma constitucional, disposto na CRFB/1988, sobretudo na importância atribuída ao tema caracterizando-o como um Direito Social, de grande relevância para a Sociedade e Estado. Procura-se demonstrar a superioridade das normas constitucionais em relação às demais normas do ordenamento jurídico e a abordagem do texto constitucional acerca da Educação. A Educação por ser o direito que contribui para o crescimento intelectual, social e cultural do indivíduo, foi alçada ao nível de norma constitucional. Sua importância é de tamanha relevância que foi caracterizada como direito social e apresenta uma seção específica dos artigos 205 ao 214. O direito a educação, encontra guarida nas ações do Estado, nos três níveis (união, estado e municípios) através de Políticas Públicas criadas com a intenção de fortalecer esse direito. Palavras-Chave: Norma Constitucional. Direito à Educação. Políticas Públicas. Abstract This article addresses aspects of the Right to Education prescribed in the Brazilian legal system, especially in the treatment enshrined in the constitutional rule, provided for in Constitution of 1988, above all in the importance attributed to the theme, characterizing it as a Social Law, of great relevance to Society and State. It seeks to demonstrate the superiority of the constitutional rules in relation to the other norms of the legal system and the approach of the constitutional text about Education. Education, being the right that contributes to the individual's intellectual, social and cultural growth, was raised to the level of constitutional norm. Its importance is of such relevance that it was characterized as a social right and presents a specific section of articles 205 to 214. The right to education, finds shelter in the actions of the State, at the three levels (union, state and municipalities) through Public Policies created with the intention of strengthening this right. Keywords: Constitutional Norm. Right to education. Public policy

The Problem of Changes in Rubber Brought about by Atmospheric Oxygen

1933 ◽  
Vol 6 (2) ◽  
pp. 157-192 ◽  
Author(s):  
Charles Dufraisse
Keyword(s):  
Atmospheric Oxygen ◽  
Arbitrary Point ◽  
The State ◽  
Point Of View ◽  
The Other ◽  
Static Electricity ◽  
Profound Change ◽  
The Right ◽  
Short Time ◽  
Surprising Fact

Abstract Returning now to an earlier subject, let us ask in what way the conversion of rubber to fatty substances differs from plasticization by milling. Both originate in the same way, i. e., by the action of oxygen, and both are similar in appearance and in effects. To distinguish the two phenomena, one must resort to an arbitrary point of view, viz., that one phenomenon is spontaneous, whereas the other is induced. One is harmful, the other is advantageous, but fundamentally, whether advantageous or disadvantageous, they are nothing more than one and the same change in the rubber. Whether the change is an advantage or a disadvantage depends upon when it happens and upon its extent. This will explain why milling is such a critical operation and is so difficult to control. Because plasticization is a conversion to fatty substances, which is stopped at the right time, the operations involved in practical milling are a delicate and dangerous process, a process the effects of which are attained not in years or even in months but in minutes. The least miscalculation, and disastrous results may be obtained. Without entering into detail, it may be asked how many irregularities hitherto unexplained are from this time on readily explainable. The success of mastication depends upon peroxides, neither the quantity nor the behavior of which have so far been controlled, and even the existence of which has not until recently been suspected. It is a surprising fact that everything has always taken place in the desired way, particularly since to add to the complexity of things, the formation of peroxides itself depends upon electricity, and worse still upon the most changeable or capricious form, static electricity. Without suspecting it, one requires of a mixing mill that it perform the function of a generator of static electricity. Mixing is then at the mercy of influences which hinder the output of static machines, and it depends to some extent upon all kinds of indefinite factors, such as the state of the atmosphere, the temperature, the humidity and surface effects, not to mention the mixing mill itself, where nothing has been planned in advance to promote the unforeseen action. Henceforth, with a knowledge of the mechanism of mastication, it is going to be possible to improve the various factors playing a part, and it does not require a great prophet to foresee within a short time a profound change in this century-old technique.

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