Tag Archive: right

Judiciary Power

485. II Thus, the existence of an examination for the DNA subsequent to the fact already judgeship, with decision transited in judgeship, recognizing the paternity, does not have the condo to reopen the question with a declaratory one to deny the paternity, being certain that the judgeship is covered by the rule of law conferred by the considered thing. 11 From the quarrel on the relativizao (disrespect) of the considered thing questions appear on the imperfection that can generate in the consecration of the legal security, principle that is searched by the formation of the considered thing. The legal security is moored to the obligatoriness of the Right, to the justice that the decision, law or act provide. To have one Statutory law, for some doutrinadores is main postulate of a jurisprudence, therefore in the life in society it is necessary that a jurisprudence declares, in last instance, what it is allowed or illicit (these specification if question are jousts or it does not fit in another quarrel).

12 the considered thing is corollary of the beginning of the legal security, therefore it is quality of more not arguing the subject becomes that it indispensable to nullify conflicts in the social relations. If the decision is joust or what it occurs it is not that it will go to form considered thing and case of this decision to be taken with unconstitutional bases, arrives to consecrate a legal imperfection and not cheated security in the main end of the Right that is the search of the decision joust. The legitimacy of these expectations is based on normatizao processes and application of the Right, that guarantees the rule of law is obeyed. the form most warranting of this objetividade and respect is exactly to follow the principles of the law that conducts all the others, the Constitution. The Right has as social function the integration of the jurisprudence and legitimation of the judgments that are emitted by the Judiciary Power, for this must fill two requirements: of the rational acceptability and of the consistent decision.

Reading Text

Literature is a not pragmatic speech. It does not have no immediate practical purpose. Already for Barthes (1997, p.16), literature is the only alternative that the man has to escape of the power of the language that is closed without exterior. It is the magnificent hoax. She is in the text that the language must be fought and not in the message, of who it is only instrument.

2,2 Reading The reading is one of the forms of knowledge of the reality and is presented with a possibility of interaction of the man. It must be understood as dynamic activity that transforms the reader into co-author of the workmanship. In literature, reader and author have the same importance, therefore the text alone has literary value for the significao that is attributed to it by the reader with the practical one of the reading. Such exercise rare is perceived by the reader in the act of the reading (ISER, 1996). The reading is an activity specifically human being, conscientious and intentional who if constitutes in a complex and difficult task of if investigating and if to analyze. To this respect, Jean Foucambert it places that it is difficult to define what is reading for if dealing with an eminently polimorfa activity. For it, to read is to attribute meant, a time that this does not meet in the ready and finished text, in way that can be extracted.

It is the work of partnership between author and reader whom the attribution of meaning to any text makes possible. The author of the indices of what he can be interpreted, but fits to the reader to attribute sensible what he reads. The reading, as any communication, assumes that who chore with the message invests in it a sufficiently superior amount of information to that it extracts (not to confuse with that the author already placed, conscientiously or not).

The Federal Constitution

Thus it had certain reduction of the power to contract, for a bigger interest, a collective and solidary interest. If it does not treat to breach the directive power that the citizens have in relation its lives, but the dosage of these primates when the exercise of a private law and egostico comes to injure diffuse interests. The general objective of to be made study is to verify the obligatoriness of pacta ahead sunt servanda of the social function of the contract and the free private initiative. E, of form to reach this goal, to confirm or not it declared hypothesis previously, has that to mark itself, especificadamente the following stages: to verify by means of bibliographical research, historically and currently the advantages and disadvantages in such a way of the social function of the contract how much of the free private initiative, to observe the difficulties found in the applicability of article 421 of the Civil Code in the Brazilian society, according to which the freedom to contract will be exerted in reason and the limits of the social function of the contract and to approach to this new ditame with the Code of Defense of the Consumer. 2. The Federal Constitution of 1988 and the Civil Code of 2002, principles and social function The Federal Constitution of 1988 brought as fundamental principle the protection to the rights and individual guarantees of the man (art. 5), treating more specifically to the one to the Dignity to the Person Human being in its articles (article 1 interpolated proposition III), influencing all the Brazilian legal system. One of the also determinative reasons in this Constitution is interpolated propositions XXI and XXIII of article 5, in which it safeguards the property right that will take care of the social function mainly, however its applicability starts to delineate a new legal thought with the new Civil Code of 2002, when the State intervines directly and objective in the private relations, submitting the judiciary a mission to fix in the conflict of private interest what it means the function social.

Evaluation

Protection: the workstation must contribute for well-being of the employees and provide to protection against possible retaliaes or persecutions. 4. Assistance: the organization must answer to the necessities special of each employee giving to them assistance for in such a way. 5. It disciplines and conflict: the organization must have clear rules to deal with disciplines and the conflict. 2,4 Evaluation of performance As can be folloied the performance of the professionals during its permanence in the team? With that frequency will be evaluated formal? That criteria will be used in the performance evaluation (fulfilment of objectives, satisfaction of beneficiary the using public/, contribution of the professional to the results of the organization in the period)? What instrument will be used in the evaluation of performance of the professionals? To who the responsibility of its application will fit? The evaluation procedures will allow to the evaluation of the controlling for its team and the auto-evaluation? Many companies believe that are enough to fill the evaluation, it tabulate the results and ready: the process of Management for Abilities is implanted, but it is not well thus. The process must be dealt with much attention, since to create expectation in the people and not to show resulted practical later, will only lead to the lack of credibility in the performance evaluation and consequently, a climate of diffidence in the process.

When we create expectation in the people they wait that resulted they are presented. That plain of development they are tracings, and more than what this, that feedback on its work is given daily. The area of Human resources must take front in this process and prepare workshops to create the internal culture of the performance evaluation. To leave well clearly for the managers who stop evaluating the people, we have before to create this habit.

Payment Procedures

Its regimen of payment is different from the regimen of payment of the other debits. There the deserving ones goes independently to advance on the patrimony of the debtor of any another limitation, except for the legal ones. Thus, it is perceived that, although a provisory majority for the autonomy of the legal fees borne by the loser in a judicial dispute of the main value, exactly when this will be subject to the regimen of the precatrio, the only certainty that if has is of that ‘ ‘ many waters have to pass for Da Ponte ‘ underneath; ‘ , in view of that today the files of legal documents of REVERSE SPEED 564,132 still meet with sights for Lady Minister Ellen Gracie and, of the date of the session of judgment (03/12/2008) for the present much thing already if changed in ours Bigger Cut, new ministers had entered and some, also that already they had voted, had left. That is, that social legal unreliability and even though mentioned at the beginning of the work still comes frightening, in special, the classroom of lawyers in Brazil, in view of the morosidade of our judiciary one in deliberating the causes ece of fishes in its analysis, as well as the great divergence of agreement on the substance in study in our native courts, where some continue definitive that honorary sucumbenciais are enrolled in precatrios, exactly with inferior values to the ceiling of RPV, while others determine the immediate payment, by means of small solicitation of sum, exactly the value exequendo main being subject to the regimen of precatrio. 5 PROCEDURES METODOLGICOS In this work, were adopted the research of exploratria nature, with bibliographical survey, in special in the area of the public law, using, initially, norms and books of current reading. It is distinguished that the chosen doctrinal workmanship had been elect for being the few that treat on the subject in study, although the great importance of the present substance for the legal world.

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