Posts Tagged ‘philosophy’

Civil Procedural Code

June 5th, 2014

To sum up, it is necessary to demand that the Lawyers and litigants present/display their demands with the petitionary one clearly and concrete than they request 5 and thus to help quick and effective administration of Justice. It is mortificante and sometimes impossible to back leave the canons that prevail to us, especially when these paradigms are stopping having use at present; the man of modern right must be permeable to the change, to the positive, to create and to accept new paradigms, the right never is static, is more, must go behind the needs of the man, the challenges always are there where one less it thinks, for that reason we must face the new thing abriendo our mind intellect, abriendo our capacity of abstraction, deduction and legal interpretation with speed with effectiveness and efficiency; we are here fulfilling different rolls, we must help us to an the other and serve as the right and the laws to us like instruments to maintain the harmony and peace in society. the Judge will have to take care of that the concrete purpose of the process is to solve a conflict of interests or to eliminate an uncertainty, both with legal relevance, making the substantial rights effective, and that its abstract purpose is to obtain social La Paz in justice. 2 LOUIS JOSSERAND. Straight Civil, Volume I. volume II, 3 MORA’N MORALS, Claudia.

Causal of food exoneration : In. Commented Civil code. Straight of Family Volume III. First Edition. Legal newspaper.

Julio of 2003. P 285) 4 Article VII of the Preliminary Title of the Civil Procedural Code. the Judge must apply the right that it corresponds to the process, although it has not been invoked by the parts or it has been erroneously. Nevertheless, it cannot go beyond the petitionary one nor base its decision on diverse facts of which they have been alleged by the parts. 5 Law 28439 of 28 of December, 2004, Article 2 that interjection 11 modifies: the demand appears in writing and will contain. 5) The petitionary one, that includes/understands the clear determination and makes specific than is requested. Original author and source of the article.

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The Future Starts Now

December 27th, 2013

In the decade of 70 the GIP of Brazil, India and China was similar. In the decade of 80 Brazil arrived to have the superior GIP to the ones of China and of India Brazil competed in equality condition, but also it had its delayed industrial development. Today China is a economic, to militate and nuclear power that threat the world-wide economy and India is in the same way. One more time we lose the race. The inevitable question appears: where we erramos? The reply it is not simple and it was not only one reason. But the preponderant factors had been the weakness politics in the international scene and the internal administrative incapacity. While colony, our resources had been drained for and Europe.

After independence, the resources had continued being drained for the exterior, private safes, or wasters. International agreements badly negotiated and disadvantageous, the historical corruption and a gigantic managemental incapacity come atravancando the development of Brazil have 100 years more than. continues reigning, if covering and helping mutually. The politics lost its nobler direction and started to be synonymous of cheap petty politics, always associate the frauds and suspicious transactions excuses. This necessary cycle to be broken. If nothing it will be fact, the mediocrity will create roots and when to wake up, Brazil will be again colony.

Not in the molds of long ago, but yes in the modern molds, with Not Governmental corporations and Organizations dominating and exploring the territory, ours resources and making the laws.

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Optimum Agreement

December 5th, 2012

Thus for optimum agreement of the form the induction must be preceded by the experience, beyond the necessity to multiply and to diversify the same ones. The inquiry of the forms thus proceeds: on a given nature a citation must in first place be made exactly before the intellect of all the known instances that agree to one same nature, that meets in similar substances. this collection must historically be made, without premature speculations or too much requinte. (NOVUM ORGANUM, book II, aphorism XI). For this agreement it is basic to practise the true induction, a really probable, susceptvel induction of test that, a understood time the cause, ceases the effect. Thus all coherent experimental research, delimited well must be supported in three boards of inquiry, beyond the resources auxiliary of the agreement of the form. The three boards constitute the central nucleus of the baconiana induction, the method of inquiry of the nature that allowed a correct one knowledge of the phenomena leaving of the concrete facts, such as if give in the experience ascending to the general forms, that constitute its laws and causes, are delimited in the comment of the three boards.

The first board calls it of Presence, it deals with the collect and it collects of great number of facts. The researcher must write down its comments, to organize an exploration of the given nature, and to place questions to this nature, through the accomplishment of experiences, Bacon guides eight ways of comment, that are: Union, variation, prolongation, transference, inversion, compulsion, change of conditions and the repetition. The first step of the inductive method is to collect and to collect the most varied facts.

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Civil Code

August 1st, 2012

1) The exoneration comes when the call to do has undergone it remarkable reduction in its income of way like if it continued fulfilling contributing nourishinily would put in danger his own subsistence; this exoneration is given with reference to the survival possibilities that can have the forced one in the most personal form; not talking about the case to the circumstance that the call by law has so many or other obligations that to fulfill those its subsistence puts in risk, because in such case would be declared inadmissible the request; since it would be unjust to award the irresponsible father, who with the argument to have several family expenses cannot fulfill his other obligations nourishing, so that its survival is put in risk. 2) The second case this dice when in the alimentista has disappeared the necessity state and can the forced one to resort before the Jurisdictional Organ asking for his exoneration; some of the alimentista does not talk about here to age, reason why it could be that he is greater or minor; one talks about only the necessity state that has disappeared (although it is temporarily). 3) One third circumstance anticipated by our legislation to grant the food exoneration, and is that exists it stops governing the nourishing pension granted by judicial resolution for the person who has reached the majority of age. However, the law also has taken forecasts on the matter and creates regimes of exception for the previous cases, because the daily life allows that so peculiar events happen; it is so, when subsisted the state of necessity in the alimentistas of legal age or would return to appear in the juniors such circumstance, it will be able to be asked for grants a food pension again to them; and the other situation of exceptional nature occurs when the person of legal age follows studies or it becomes qualified successfully or satisfactorily with the aim of obtaining a profession or office; the obligation nourishing it appears again and it subsists in as much last these studies or qualification of normal and regular way; in order that it can be put into effect this will have to resort to the Jurisdictional Organ and to request itself that the obligation subsists, according to indicates article 483 in fine of the Civil Code..

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Deep Municipal

June 11th, 2012

This device never was taken care of with the severity and the necessity that it justifies.Not all the States had created the Deep one of Infancy and Adolescence; the smashing majority of the cities also left WEAVES to create it. Of the 853 mining cities less than 150 they possess Deep Municipal theatre of Infancy and Adolescence and the situation is not different in the too much States. New suggested systematic aims at to eliminate these impediments that until the present date alone had harmed our children and young. 2) QUALIFICATION LACK: A composed team of professionals for general lawyers, doctors pediatrics and physicians, social nurses, politicians, tributaristas, assistants and teachers will elaborate one emends for training of Managers and Actors who will specifically act in the area of Infancy and Youth. This emends will be including, approaching all the inherent aspects to the work; it will have an ample and dynamic boarding, considering the innumerable social realities of the country; will be presented in an accessible and assimilable language for all the types of public, if not disdaining the recurrent values of the regionalisms. The Conanda can assume the elaboration of emends and each CEDCA, without modifying it to it essence, but being able to extend the content, will make the adaptations for one better understanding and easiness of application and implantation in the different regions. 3) INSUFFICIENCY OF SOCIAL POLITICS: She is necessary urgently to rethink basic the social politics, mainly for the cities with inferior population the 20 a thousand inhabitants each one, who are the majority and that they continue living, or in the misery or great difficulties, transferring income and population to the averages and great cities and, in such a way, producing and extending the ominous social consequences that we attend currently. Only through sustainable regional investments, prioritizing the areas most devoid, we will obtain to reduce the poverty and to stimulate the man to remain in its place of origin, annulling or at least reducing the migratory flows and disencumbering the averages and great cities, therefore: ) if the small city to offer minimum conditions of life and work the citizens will not search the cities biggest in search of professional accomplishment for itself and its children: b) the pure and simple transference of the irrisria income already has two negative faces: on the other hand it weakens the city, whose resources gotten next to the State are calculated by the number of inhabitants; on the other hand, the cities that receive the migrants see to appear and to grow slum quarters in the peripheries and if to aggravate all problematic the social one..

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Ancient Philosophy

February 1st, 2012

The origins of the classical concept of consciousness lie in ancient philosophy, in which the consciousness of those engaged in mind. Mind is synonymous with the universal laws of harmony. Cosmic world order and reason in the context of ancient culture is transmitted Heraclitean notion of "logos". Logo is both a word and thought and the essence of things. Logos in philosophy – that is objectively given content, the embodiment of reason in the cosmos and at the same time, semantic ordering of life and consciousness. This is opposed to all the senseless and irresponsible in the world and man. The value of the human mind, the foundation of conscious human activity was determined by the degree of his of belonging to the logo. Thus, in the early stages of development of philosophy of strict division of the ideal and the material in the treatment of mental processes was not.

Consciousness, soul and other mental processes Ancient Greek thinkers are often identified with the material (air, movement of atoms). Becomes the dominant natural-philosophical interpretation of the mind. In Democritus, for example, the soul, like other things, consists of atoms having a round shape, so they are able to penetrate everywhere. It is fire and heat. The soul is material, corporeal. Its properties are determined by the nature and form of atoms, their location relative to each other. Soul dies with the body.

With the introduction of the soul as a special effect, dwell in the body of man and animal (and sometimes plants), and move it at bedtime or in the event of death, due to the doctrine of reincarnation – metempsychosis. Country developed by the religio-philosophical metempsychosis – India (ind. terms "samsara", "Karma"). In ancient Greece, some spread of these ideas is due pifagoreystvu, which was characteristic of the first form of metempsychosis: "Any soul can be put on any body." In Heraclitus is a kind of protest against such an interpretation: "The heroic death, the better share." For the first time in ancient philosophy the distinction between processes consciousness inherent in the human and material phenomena, was scheduled Sophists. On the uniqueness of acts of consciousness compared to natural processes indicates Socrates. The objective content of acts of consciousness in Plato placed in special world of ideas, opposed to all the material, is unreasonable. The soul of man, according to Plato, as a special supernatural intelligent entity exists prior to man and beyond. The human body as separate things, is temporary incarnation, the seat of eternal souls. Plato, like other thinkers of antiquity, the cosmic mind, is synonymous with the universal laws and order. Just as for the whole cosmos disembodied mind is the prime mover, the source of harmony, each individual soul is the mind too, Plato active principle governing human behavior.

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Retribution

August 31st, 2011

And then you inevitably get back what was sent. Second, the error using the technique, which also leads to the fact that you are getting all their efforts back. Third, an active opposition to your influence. You may seem that this is similar to the defense, but there is a difference and it lies in the fact that your energy, or action that you collect and return you to your location, perhaps by attaching its influence. Consequences of the third reason for the rollback most sad. However, the first and second case also does not seem to you glad.

Retribution Retribution – a phenomenon even higher order than the impact or roll. The reason lies in the fact that the action that implemented, launched mechanisms of mass of the universe. The mass of the processes related to the respective realized a desire to begin to change. And, since the principle of recoil and impact continues to work with all these changes a person receives in a pure form. The essence of this phenomenon is reflected in the law of karma, which states that in biblical language, "Everyone will be for him." And it is the deeds, actions, influences and is calculated. For example, why so bad love spell? Yes because it does not allow any, any other person to fully realize their potential. He, as the conclusion to both, makes life flow just as you want, rather than as possible. As a result, the universe holds various compensatory actions to the consequences of actions have been minimal, and people began to think about what is happening.

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