El Protagonismo Dialéctico-Social del Ser Humano en el Desarrollo Intelectual de Rodolfo Mondolfo

Summary: Reflecting on the role humans take into nowadays society, should be of interest in all our social reflections, even for those that refer to the field of law. Any human indifferent and unconscious of the social role that he ought to play within society, as a member of it, is an irresponsible human detached from everything that surrounds him, regarding matters and other humans. Trying to isolate in an irresponsible, passive and comfortable attitude, means, after all, denying oneself, denying our nature, as the social being every human is. This is the reflection that this academic work entitles, the one made from the point of view of the Italian philosopher Rodolfo Mondolfo. From a descriptive development, starting from this renowned author, I will develop ideas that will warn the importance that human protagonism have, in this human product so call society. From a descriptive development, from this well-known author, I will be prescribing ideas that will warn the importance of the protagonism that all human beings have, in that human product that we call society. I have used the descriptive method to approach the positions of the Italian humanist philosopher and, for my assessments, I have used the prescriptive method from an eminently critical and deductive procedural position. My goal is to demonstrate, from the humanist postulates of Rodolfo Mondolfo, the hypothesis about the leading, decision-making and determining role that the human being has within society. I understand, to have reached the demonstration of the aforementioned hypothesis, because, after the analyzed, there is no doubt, that the human being is not one more existence in the development of societies; its role is decisive in determining the human present and the future that will house the next societies and generations of our historical future.

La Equidad en los Tributos; Necesidad de un Régimen Especial Tributario para el Sector Agrario

The objective of the present work consists on demonstrating the necessity of a special tributary treatment for the agricultural activity. The formulated hypothesis sustains that premises that base the necessity from an applicable special tributary regime to the agricultural activity exist. The scientific result consists on a systematizing of the premises that you/they argue the necessity of a special tributary regime for the activity agricultural, such arguments they reside in the own definition of the agricultural activity, its peculiar ones as economic activity, its social relevance and politics and its specialty, as well as the fellow’s features that carries out it and the finalists principles that guide to the juridical mark that governs this activity. Firstly, starting from the analysis and the synthesis and of the deductive method, is carried out a juridical theoretical study to the effects of systematizing the arguments in the doctrine that have referred to the necessity of the fiscal incentives guided to the promotion of the agricultural sector. And a second part, a compared juridical study is undertaken guided to identify the most outstanding normative experiences as for the special tributary treatment for the promotion of the agricultural sector.

O Papel do Tribunal de Justiça da União Europeia Como Guardião do Direito Fundamental Comunitário Europeu à Livre Circulação de Trabalhadores

This research has as general objective to analyze the guardian role exercised by the Court of Justice of the European Union (CJUE) for the protection of the Fundamental Community Right to the free movement of workers within the scope of the European economic bloc and the importance of the migratory flow for the maintenance of the said block. The spouse of this article previously analyzes the emergence of the European Communities and the need for the defense, reconstruction and stabilization of Europe after the end of the Second World War, as well as dealing with the Treaties of Paris and Rome, propellants of the European Communities, characterized as an autonomous legal system and of great importance for the development of European primary law. Then, he discusses the movement of workers within the European Union (EU) and the right of the European citizen to look for a job, to work, to settle or to provide services in any EU Member State, and then to address the issue of the role of the worker. CJEU as guardian of the fundamental European Community law on the free movement of workers. After the analysis of recent judgments of the European Court of Justice, the need to protect the free movement of European workers, with due regard to the founding treaties of the European Union, remains necessary for the proper maintenance of the European bloc European Union. The methodology used in the research is critical reflexive, which operates through the bibliographic review and the analysis of concrete cases assessed by the CJEU.

A Discriminação Inversa pelo Contributo de Dworkin

The purpose of this paper is to reconstruct Ronald Dworkin’s arguments about affirmative action applied by Universities, policies as measures capable of diminishing long-term racial awareness as a factor of negative discrimination, and to effectively fulfill human dignity in its collective dimension, in the face to concrete cases before the Northern Supreme Court-American. This is an explanatory research, in which we intend to answer questions related to the efficiency in the practical applicability and legality of reverse discrimination measures, before a Constitutional Rule of Law, that is willing to protect and guarantee the right to equality, not only through as a jurisprudential analysis.

Terceiras Notas à Legislação da Lavagem de Capitais em Portugal-UE: Regime Sancionatório Numa Segunda Abordagem

This second approach to the sanctioning regime of the legislation that prevents laundering of advantages, such as money – money laundering such as capital –, in Portugal and the EU, will once again take into account that it is not possible to forget the duty of training. It is necessary to add to the prevention of the laundering of advantages, such as capital, criminal offenses and counter-administrative offenses that are contained in the Law of Laundering. Although, in the latter case, not yet of all administrative offenses. Which, in due course, we will complete. And this is due to a problem in this legislation, as in others: its increasing size. We had already mentioned this in our last publication and we reinforce it again. Because new and important legislation emerged: Law 58/2020, of 8/31, Decree-Law 9/2021, of 1/29, and Decree-Law 56/2021, of 6/30.

El Tribunal del Jurado y la Conexión Penal

The objective of this presentation is to analyze and clarify the complex aspects of the objective competence of the Jury Court twenty-five years after the institution was put into operation in the Spanish judicial system. It will be found that inaccuracies in its legal regulation have made it possible for the Procedure before the jury, with hardly any legislative modification, to increase its complexity and the effort it entails for the courts and citizens. This study proposes the reform of the institution of the Jury Court at a first level in terms of its competence, clarifying and simplifying it, and at a second level (which does not exclude the first) by introducing changes in the procedure of the instructions to the jury and the deliberation that allow citizens to face with better possibilities the task of issuing and motivating their Verdict.

Responsabilidade Civil por Ato de Terceiro: Reflexões sobre a Responsabilidade Civil do Administrador de Grupos em Aplicativos de Troca de Mensagens

The evolution of social relations brings, among others, the challenge of thinking about the civil liability of the administrator of groups of applications for exchanging messages for the manifestations of its members. In our law, the rule is liability for its own act, with the exception of civil liability for the act of another. Thus, it is necessary to question whether the role of the administrator of message exchange groups is in addition to any of the hypotheses provided for by law. In being positive, which of the exceptions does the message exchange application group administrator fit into? In being negative, one wonders whether there is a duty to moderate the manifestations. Considering both hypotheses, there are limits to this responsibility established, for example, by freedom of expression? Analyzing these questions based on bibliographic research and pertinent jurisprudence, it is concluded that the civil liability of the group administrator of the application group of exchange of messages is by his own, subjective action and does not conflict with freedom of expression. The subject is approached using the dialectical method. With regard to the procedure, bibliographic research on the subject was used, including the analysis of relevant precedents.

Régimen Jurídico de Bienes Públicos de Naturaleza Interdisciplinaria

In this study, with the object being minerals, more specifically fossils of the genus polysolenoxilon (FOUCAULT, A.; RAOULT, J. F., 1985, p 136), which are a particular type of fossils of petrified trunks. We use the method of comparative law. We had to adapt the terminology to the specifics of Brazilian administrative law, which has its own idiosyncrasies. As Brazil follows the Federative model, which is similar to the North American. This study focus on analyzing the consequences involved in the state’s lack of control over the legal instruments to the protection of state’s assets such as fossils. The enrichment of minorities at the expense of the loss of public wealth is in fact the loss of State sovereignty and citizenship. And eventhough the Brazilian Constitution of 1988 has a compromise about such issues, there is no specific current law that enforces the protection and/or trade of fossils, so we were left with no choice but to look at this issue through the administrative law.

¿Favorece a las Mujeres Víctimas la Exención del Deber de Declarar? Estado de la Cuestión en España

The purpose of this work is to consider whether the exemption from the duty to declare that is contemplated in the Spanish legal system for some cases favors or, on the contrary, harms female victims. To do this, we will start from the hypothesis of committing crimes within family privacy, as it is particularly difficult to prove. We will combine, in our work, a logical-deductive methodology with an empirical-inductive one. The methodological procedures used will consist of a jurisprudential analysis of the most recent and relevant judicial pronouncements, a doctrinal examination of the matter and an analysis, necessary, of the set of current criminal procedural regulations. We will have to expose as results of our investigation how the evidentiary activity is notably complicated when the only witness to the facts invokes his right not to testify due to the aforementioned links. In this way, it is not only really complex to get the process to continue its course, but to allow the accused, in the legitimate exercise of his right to due process, to contradict said testimony.

El Derecho a la Intimidad y a la Protección de Datos Personales en el Ámbito Laboral

The balancing function, between worker and employer, of the fundamental rights in the field of the labor relationship is analyzed, while emphasizing that the right to privacy is not an unlimited right, but that it can yield to other constitutional rights. Likewise, the right to the protection of personal data is studied – distinguishing it from the right to personal privacy – which aims to guarantee the freedom of the individual in relation to their self-determination regarding the processing of their personal data by third parties.