LAW, PHILOSOPHY, MEDICINE – THE ANCIENT MAXIM IATRÒS PHILÒSOPHOS ISÒTHEOS AND THE CURRENT PANDEMIC

The recent health emergency caused by covid-19 has, in its way, highlighted the fundamental interweaving between law, philosophy and medicine, as well as the need to resort the ancient principles – disclosed by philosophical questions – which must represent the basis of both legal and medical issues.

ISOLATION AND “TOXIC” PRIVACY IN TIMES OF PANDEMIC: FEMALE SUFFERING

The practice of self-isolation as a preventive and combat measure against the Covid-19 virus brought up the discussion about domestic violence practiced against women in Brazil. The author understands that the legal protection of intimacy favors the process of denial of this type of violence and presents a reflection on the practical measures that can be taken to face violence against women in the current pandemic context.

COVID-19 AND EUROPEAN UNION – THE ANSWER TO THE HEALTH CRISIS AS A WAY FOR RESUMING THE PROCESS OF EUROPEAN INTEGRATION

The essay starts from a comparison in the European Union between the economic and financial crisis of 2009 and the health crisis of 2020, due to the Covid-19 pandemic. In particular, the scarce capacity of Member States and European institutions to carry out the recovery of the economic European condition and transformation of the European government system after the 2009 crisis, despite the indications of the Commission's Blueprint (of 2012) and of the Report of the five presidents (of 2015). On the other hand, in the face of the health crisis, the reaction of the European institutions seemed more decisive with the creation of various instruments to combat the economic consequences of the Covid-19 pandemic. These include in particular the Recovery fund - Next Generation EU, linked to the 2021-2027 MFF. The reaction to the pandemic shows the possibilities of the European Union to create a community of States in solidarity and with its own identity also in the international scenario. However, it is by no means certain that this idea can prevail over the one that sees the European Union as simply a free trade organization between the Member States. The decisions that will be taken in the Conference on the future of Europe between 2021 and 2022 appear to be decided to define the evolution of the European Union.

HEALTH EMERGENCY MANAGEMENT. A LEGAL ANALYSIS OF THE ITALIAN EXPERIENCE

The state of emergency that is being experienced has generated a sort of dynamic disorder of complex systematic re-elaboration within the framework of the legal system of the state. We appreciate a permanent tension between the rule of law and the discipline of emergency which manages to find a problematic landing point in the prefiguration of the existence of an emergency legal system, based on a different Grundnorm and parallel to the one that sustains the whole establishment of the legal system of the sources of the state legal order

Journal's summary

Journal's summary

THE RIGHT TO MENTAL HEALTH IN BRAZIL AND THE SILENT PANDEMIC

This text focuses on the psychological repercussions of the Covid-19 pandemic on mental health. Repercussions that tend to endure in the post-pandemic world. The background of this article is the Brazilian law, and it develops in two parts. The first centered on the legislation hierarchically inferior to the Constitution to protect mental health, and the second focused on reaching the silent pandemic, that is, the mental illness resulting from traumas generated by the new coronavirus pandemic.

PRISON BY HUMAN RIGHTS’ LENS AND COVID19 PANDEMIC – THE BRAZILIAN CRISIS

From the eighteenth century, prison was raised to the main response of Criminal law. This happened for a political reason, namely the creation of State. In this context, incorporations that the ideologies and characteristics of later centuries brought to prison entail an aporia. To face this crisis, Human rights has produced minimum criteria that should guide the actions of States. The COVID19 pandemic caused urgency of segment of these criteria and the Brazilian case is brought up as an example of failures of most UN member states.

PROTECTING POLITICAL RIGHTS OR INTERFERING IN THE POLITICAL ARENA?

The interactions between legal and political system has been strengthened in recent years, especially through judicial review, with the transference to Courts of themes that define and divide a political system. In brazilian case, in the absence of legislative deliberation some of these discussions are forwarded Brazilian courts, who gave controversial decisions about “mega politics”. So, the research´s question “” is the Brazilian Federal Supreme Court (re) building electoral legislation, as a manifestation of judicial activism, interfering in mega politics?The study starts from a theoretical approach, with the deductive method, combined with a qualitative case analysis about courts´s decisions regarding party loyalty, coalition verticalizations, threshold clauses and the rights of legislative minorities, and political donations. Therefore, the research is supported by a bibliographical and documentary survey. Based on the methodological approach of Judicial Politcs, the legal protection of fundamental political rights and the structure of the Brazilian strong judicial system are described (Normative Theory), and evaluated the motivations of legal decisions, taking into account judicialization as exercise of a political activity (Positive Theory).

REFLECTING ON VIOLENCE. ABOUT CLASSIC THEMES AND CONTEMPORARY ISSUES

Arguing about violence means dealing with a classic theme which, however, today, with the complicity of new technologies, has taken on more nuanced faces and underground forms. Virtualized and dematerialized, today’s violence occurs above all in that particular cocooning that is Cyberspace, forcing the jurist to deal with controversial issues ranging from cyber-terrorism to hate speech.

LEGAL PLURALISM AND INTERNATIONAL DEVELOPMENT: INTRODUCTORY NOTES ON THE DIALOGUE BETWEEN THE TWO CONCEPTS.

This study is based on the dialogue between legal pluralism and international development, which shapes the daily lives of much of the world population, in particular those who live in emerging or developing States and are subject to programmes of international technical assistance. Due to a number of factors, this dialogue is required to, on a practical level, harmonise diametrically opposed onto-epistemological legal dimensions. From the epistemological point of view, the phenomenological dimension of this study will allow us to analyse the conceptual and scientific evolution of both legal pluralism and international development, accompanying the development of the underlying legal theory which, in cycles, has seen moments of convergence and divergence, and of tension and distension, over the last seven decades. Having as background the case study of Timor-Leste this work also looks at the practical consequences that certain options will give rise to in building a State and its systems of justice within the framework of legally plural societies.