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Negociações coletivas e o poder normativo da Justiça do Trabalho

Horn,Carlos Henrique
Fonte: Instituto de Estudos Sociais e Políticos (IESP) da Universidade do Estado do Rio de Janeiro (UERJ) Publicador: Instituto de Estudos Sociais e Políticos (IESP) da Universidade do Estado do Rio de Janeiro (UERJ)
Tipo: Artigo de Revista Científica Formato: text/html
Publicado em 01/01/2006 Português
Relevância na Pesquisa
46.12%
The article describes the exercise of normative power by the Brazilian Labor Court System and examines the possible consequences of rulings by the Superior Labor Court (TST) on collective bargaining in the 1980s and 1990s. The case law of the TST, consolidated through normative case precedents and other instruments, is analyzed by constructing indicators to evaluate the Higher Court’s approach. The results demonstrate a significant change during the 1990s, when the TST increasingly declined to rule on collective agreements, after having taken a more proactive line in the 1980s. The article suggests that during both decades the approach adopted by the Superior Labor Court had an affect on the collective bargaining process.

An approach to child maltreatment documentation and participation in the court system

Ornstein, Amy E
Fonte: Pulsus Group Inc Publicador: Pulsus Group Inc
Tipo: Artigo de Revista Científica
Publicado em /10/2013 Português
Relevância na Pesquisa
45.93%
When asked to provide an assessment of a patient for whom there are concerns of suspected maltreatment, the clinician may have uncertainty about how to best proceed for a number of reasons including the actual or potential involvement of a child welfare authority. Existing literature helps to define the role of the medical expert in child abuse assessments, but there is little published guidance targeted to the general practitioner. The present article offers practical advice about the approach to: documentation of a child abuse assessment; providing testimony and behaviour in the court system for the nonexpert; and, finally, guidance for individuals giving expert or opinion evidence for medicolegal purposes. In all cases, if the clinician has specific concerns or unanswered questions about their role and responsibilities, they can contact their professional medicolegal association for support.

A legitimidade da jurisdição de primeiro grau na concretização dos direitos fundamentais: proposta de um novo modelo jurídico-administrativo para o segundo grau de jurisdição

Rodrigues, Madson Ottoni de Almeida
Fonte: Universidade Federal do Rio Grande do Norte; BR; UFRN; Programa de Pós-Graduação em Direito; Constituição e Garantias de Direitos Publicador: Universidade Federal do Rio Grande do Norte; BR; UFRN; Programa de Pós-Graduação em Direito; Constituição e Garantias de Direitos
Tipo: Dissertação Formato: application/pdf
Português
Relevância na Pesquisa
36.31%
The current study is about the legitimacy of lower court jurisdiction as a way of exercising basic legal rights, proposing, therefore, a new legal-administrative model for appellate court. In order to achieve that, a demonstration of the importance of basic legal rights in the Brazilian legal system and an open interpretation in light of the Constitution, as a way to affirm said rights, among which are accessibility to the justice system and proper legal protection, is required. As a result, the legitimacy to access the legal system resides in the Constitution, where the interpreter should seek its basic principles to achieve basic legal rights. It is observed that the lack of credibility regarding lower court decisions comes from the dogmatic view of truth born from power, and therefore, that the truth resides in decisions from appellate court and not from lower court judges. A lower court judge holds a privileged position in providing basic legal rights for citizens, considering his close contact to the parties, the facts, and the evidences brought forth. Class action suit is presented as an important instrument able to lead the lower court judge to provide basic legal rights. Small Claims Courts may be used as paradigm to the creation of Appellate State Courts formed by lower court judges...

Settling Out of Court : How Effective is Alternative Dispute Resolution?

Love, Inessa
Fonte: World Bank, Washington, DC Publicador: World Bank, Washington, DC
Português
Relevância na Pesquisa
46.29%
Alternative dispute resolution can help the justice system in a country function more efficiently. It often saves costs and time and increases user satisfaction. For cases that go back to court, however, the total cost and time may increase. Alternative dispute resolution can also have indirect benefits. It can increase the effectiveness of courts by reducing bottlenecks. And it can improve trust in the legal system, which may increase foreign investment.

Developing Specialized Court Services : International Experiences and Lessons Learned

Gramckow, Heike; Walsh, Barry
Fonte: World Bank, Washington, DC Publicador: World Bank, Washington, DC
Português
Relevância na Pesquisa
36.3%
Court specialization is commonly considered to be an important reform initiative to advance the development of a successful judicial system. Court specialization is thought useful even to address broader development constraints, such as the need for more effective access to contract enforcement, improvements in the investment climate, or more adequate protection of the environment. These studies have also pointed to some drawbacks, however. For example, special attention to, and the allocation of additional resources for, handling business cases can lead to the perception that a court provides preferential services to the business community but not the average person. Judges may also develop too close a relationship with a particular group of lawyers and interest groups that are involved in special case types, especially if those groups are relatively small and if judges serve in this special capacity exclusively and for an extended period. This report outlines the international experiences and good practices related to establishing specialized courts and creating the associated judicial expertise. It specifically highlights the information that is needed to determine if specialization is required in particular areas...

Mapping the Way through the Court and Enforcement Procedures in Serbia

World Bank
Fonte: Washington, DC Publicador: Washington, DC
Português
Relevância na Pesquisa
36.28%
This report complements the Serbia Judicial Functional Review, which assesses the current functioning of the broader judicial system in Serbia and outlines options and recommendations to inform Serbia s ongoing and planned justice reform initiatives in the view of EU accession.1 The aim of this report, however, is to illustrate the steps court users take in order to protect their interests through procedures carried out by courts or bailiffs. The focus is on the difference between the procedure on the books and actual practice. The report analyses these differences in specific types of cases, which had been identified by stakeholders as potentially challenging for those seeking justice:: (1) cases of domestic violence processed by criminal courts, both under the Criminal Procedure Code that was in force from 2001 to 30 September 2013 and under the Criminal Procedure Code which entered into force on 1 October 2013; (2) divorce proceedings, primarily those initiated by alleged victims of domestic violence...

Evaluating the cultural responsiveness of the design of an Aboriginal Court Complex for Aboriginal Users: Post Occupancy Evaluation of the Port Augusta Court Complex

Grant, E.; Rowden, E.; Taitz, M.
Fonte: Universidade de Adelaide Publicador: Universidade de Adelaide
Tipo: Conference item
Publicado em //2011 Português
Relevância na Pesquisa
46.29%
The design of Port Augusta Courts Complex is unique. The design aimed to meet the environmental needs of Aboriginal people in the court system and to support the process of Aboriginal Courts. The design process drew on extensive consultation with the local community resulting in a court complex inclusive of Aboriginal signs and symbols, way finding and legibility mechanisms, strong relationships between the internal and external environments and considerations to meet the socio-spatial needs of Aboriginal users. The design intended to support culturally sensitive court processes such as the Aboriginal Court while fulfilling the requirements of the Anglo-Australian Western judicial system. It is unknown how successful the court complex was at fulfilling these requirements. Post-occupancy evaluation is the term for a broad range of activities aimed at understanding how buildings perform once they are completed and how satisfied building users are with the environment that has been created. This paper discusses the results and issues involved in conducting a post-occupancy evaluation of the cultural responsiveness of Port Augusta Courts Complex to Aboriginal users’ needs. It analyses various spaces including a flexible courtroom space in the complex...

Conflitos e impasses da judicialização na obtenção de medicamentos: as decisões de 1a instância nas ações individuais contra o Estado do Rio de Janeiro, Brasil, em 2005; Conflicts and Impasses in the Judicialization of the Supply of Medicines: Circuit Court Rulings on Claims Brought Against the State of Rio De Janeiro, Brazil, in 2005

DA COSTA LEITE BORGES, Danielle
Fonte: Instituto Universitário Europeu Publicador: Instituto Universitário Europeu
Tipo: Artigo de Revista Científica
Português
Relevância na Pesquisa
46.18%
Based on an analysis of individual claims for provision of medicines brought by users of the Unified National Health System (SUS) against the State of Rio de Janeiro, Brazil, in the year 2005, this study aims to discuss the action and behavior of the court system in ruling on these suits. The study adopted a semi-qualitative exploratory documental research design, analyzing key aspects related to the claims, such as type of medication claimed by the plaintiff, wording of the court rulings, and the key elements used by judges in trying the cases. According to the analysis of the lawsuits and the concepts of judicialization and official standardization of medicines, the study concludes that when ruling on the provision of medicines, the court system grants the claims as submitted without considering the standardization of medicines adopted by the Ministry of Health, thus exercising excessive court intervention in health policy.

Indonesia : Private Sector Development Strategy; Indonesia : World Bank Group Private Sector Development Strategy

World Bank
Fonte: Washington, DC Publicador: Washington, DC
Português
Relevância na Pesquisa
46.11%
The report reviews the Bank's private sector development strategy in Indonesia, stipulating that the country's potential will not be realized without a pattern of private sector activity, - different from the past - but, taking the opportunity offered by the crisis to make fundamental changes in the business environment, and in how business is conducted. The first priority calls for the banking, and corporate sectors to speed up the resolution of corporate debt, and ease financial flows for investment, and working capital to resume. Second, the structural inefficiencies, partly conducive to the crisis, and to its long lasting effect, need to be overcome; therefore, reforms should enable Indonesia to become a modern market economy, able to avoid future crises. This encompasses fighting corruption in the public administration, ensuring the rule of law through the court system, reinforcing property rights, and dispute resolution mechanisms, and, ensuring transparency and corporate governance. Third, broad-based...

Enforceability of Labor Law : Evidence from a Labor Court in Mexico

Kaplan, David S.; Sadka, Joyce
Fonte: World Bank, Washington, DC Publicador: World Bank, Washington, DC
Tipo: Publications & Research :: Policy Research Working Paper; Publications & Research
Português
Relevância na Pesquisa
46.26%
The authors analyze lawsuits involving publicly-appointed lawyers in a labor court in Mexico to study how a rigid law is enforced. They show that, even after a judge has awarded something to a worker alleging unjust dismissal, the award goes uncollected 56 percent of the time. Workers who are dismissed after working more than seven years, however, do not leave these awards uncollected because their legally-mandated severance payments are larger. A simple theoretical model is used to generate predictions on how lawsuit outcomes should depend on the information available to the worker and on the worker's cost of collecting an award after trial, both of which are determined in part by the worker's lawyer. Differences in outcomes across lawyers are consistent with the hypothesis that firms take advantage both of workers who are poorly informed and of workers who find it more costly to collect an award after winning at trial.

Ghana - Establishment of the Commercial Court

Cofie, Sandra
Fonte: World Bank, Washington, DC Publicador: World Bank, Washington, DC
Tipo: Publications & Research :: Brief; Publications & Research
Português
Relevância na Pesquisa
56.31%
An often-repeated remark about George Kingsley Acquah, Ghana's chief justice from 2003 until 2007 and driver of his country's major judicial reforms was that "it took a man like him for this to happen". The author certainly subscribe to this view, having observed his impact from position as director of the judicial reform, project development and implementation unit at the judicial service of Ghana. Doubtless, most prominent reform is the establishment of the commercial division at the High Court in Accra, the first commercial court in Ghana, and possibly the most significant addition to the judicial service since independence. After decades of political turmoil that had left behind a disrupted court system, the reform not only brought about shorter delays to commercial dispute resolution. It also instilled new spirit in Ghana's justice sector. In light of Ghana's policy objective of becoming a middle income country by 2020, the state of legal affairs looked dire a mere 10 years ago. Military rule had given way to an emerging democracy only in the 1990s. In 1982...

Slovak Republic : Legal and Judicial Sector Assessment

World Bank
Fonte: Washington, DC Publicador: Washington, DC
Tipo: Publications & Research :: Publication
Português
Relevância na Pesquisa
46.32%
The purpose of this legal and judicial sector assessment is to evaluate Slovak Republic's legal and judicial systems and institutions, and identify their strengths and weaknesses. The assessment serves as a flexible tool for application across countries and legal systems, applying a broad based, demand driven and bottom-up methodology. This report is divided into two parts. The first part, which concentrates on the Slovak Judicial Sector, identifies areas where court performance could be improved through better management. It begins with a description of the courts then turns to an analysis of the overall management of the court system and the courts' performance. The second part of the report concentrates on the Legal Services provided by attorneys and commercial lawyers. It analyzes the appropriateness of the framework in which legal services are supplied, including the self-regulation of the legal profession, to ensure adequate access to legal services for all users. The government's role in regulating the legal services markets to ensure that all citizens...

Unleashing Russia's Business Potential : Lessons from the Regions for Building Market Institutions

Broadman, Harry G.
Fonte: Washington, DC: World Bank Publicador: Washington, DC: World Bank
Tipo: Publications & Research :: Publication; Publications & Research :: Publication
Português
Relevância na Pesquisa
45.99%
This analyzes, based on more than seventy company case studies across 13 Russian regions during the spring, summer, and fall of 2000, and the summer of 2001, examines four key issues that Russian firms face in carrying out business transactions in Russia's regional markets: 1) the state of enterprise competition; 2) the regulatory regime governing the delivery of infrastructure services (with a focus on the telecom, and Internet sector); 3) the sources, and use of corporate finance; and, 4) the efficacy of the court system in fostering the settlement of commercial disputes. The study formulates policy recommendations for each of the areas analyzed. In so doing, it sheds light on salient inter-regional differences in existing policy frameworks, and in the structure, and nature of the country's enterprise sector, as well as on how regional governments, and firms both respond to, and shape these differences. The study also highlights the evolution of inter-regional policy, and economic changes over time, assessing the extent to which...

Court Auctions : Effective Processes and Enforcement Agents

Gramckow, Heike
Fonte: World Bank, Washington, DC Publicador: World Bank, Washington, DC
Tipo: Publications & Research :: Working Paper; Publications & Research
Português
Relevância na Pesquisa
36.34%
This paper considers the historical origins and efficacy of enforcement of civil court judgments, with a special focus on court auctions. It reviews the procedural and practical options available to courts and associated agencies for the identification of assets that may be used to satisfy a judgment debt and the processes for court-supervised asset seizure and sale by public auction. The efficiencies of public court auction processes are considered, including the elements of enforcement systems that can produce sub-optimal returns on sold assets and higher incentives for corrupt practices. Also considered is the trend in some systems for greater use of private agents as a means by which the cost of court enforcement processes can be reduced and for overcoming sometimes lengthy delays in enforcement. The paper concludes by identifying alternatives to public auction that in some cases can offer better prospects of assuring full payment of a judgment debt.

Kyrgyz Republic Judicial System Diagnostic : Measuring Progress and Identifying Needs

World Bank
Fonte: World Bank Publicador: World Bank
Tipo: Economic & Sector Work :: Other Poverty Study
Português
Relevância na Pesquisa
36.32%
The Joint Country Support Strategy for the Kyrgyz Republic (2007-2010) (JCSS), extended in 2008 to cover the period 2009-2011, identified the weak and inefficient Kyrgyz legal and judicial system as contributing to a poor business environment and weak governance. As a result, JCSS partners identified 'comprehensive judicial reform' as a program focus and a goal of the JCSS which was enlarged to include independence for the judicial budget. As part of the JCSS, the World Bank program included the preparation of a 'judicial reform study'. In order to implement this program, the World Bank and the Swiss Agency for Development and Cooperation (SDC) agreed to fund this judicial system diagnostic conducted by a World Bank diagnostic team complemented by international experts in specific sectors. The diagnostic's objective is to provide an analysis of the institutional and operational issues and obstacles that constrain the functioning of Kyrgyzstan's legal and judicial system. The diagnostic provides recommendations for overcoming key constraints both at the policy and the implementation levels.

Pre-trial Procedures in Administrative Justice Proceedings in England and Wales, France, Germany and the Netherlands : A Comparative Study with a View to the Possible Development of Pre Trial Procedures in Administrative Law in Turkey

World Bank
Fonte: World Bank Publicador: World Bank
Tipo: Economic & Sector Work :: Legal and Judicial Sector Assessment
Português
Relevância na Pesquisa
36.31%
Disputes between citizens or businesses and the State about respective rights and duties are at the core of administrative law. The ability for citizens and businesses to hold Government accountable for acting within the rule of law is a key element of good governance. It provides legal certainty and guarantees predictable and rule-based implementation of legal and regulatory frameworks across different sectors. It also provides Government with effective mechanisms to enforce these frameworks. An effective administrative justice system is therefore a crucial element to make sure all players follow the rules of the game. As such, it is an important aspect of a sound investment climate. The Turkish Ministry of Justice has identified the absence of pre-trial procedures in the administrative justice system as a major obstacle to the efficient and effective delivery of judicial services to citizens, businesses, and the state. There are widespread complaints that administrative judges crumble after a heavy workload and that certain types of cases may be more effectively dealt with outside of the courts. This will make dispute resolution for citizens...

Uses and Users of Justice in Africa : The Case of Ghana's Specialised Courts

World Bank
Fonte: World Bank Publicador: World Bank
Tipo: Economic & Sector Work :: Law and Justice Study
Português
Relevância na Pesquisa
36.35%
This research project involves the tracking of the progress of cases in Ghana's specialized courts. It seeks to provide data that are not usually available for a scientific assessment of the performance of the courts in Ghana. The project, therefore, captures information on the persons and institutions who use the courts in Ghana; what these claimants come to court for; the difficulties they encounter in the process; and the value added by recent court reforms in resolving these problems. Further analysis of this information is then used to make specific and targeted recommendations for improving overall adjudicatory effectiveness. The project is similar to other World Bank studies in many respects. It is premised on a general belief that, almost everywhere, courts struggle to deliver quick, effective, accessible, and efficient justice. The huge disconnect between intention and reality is due to a number of factors, namely, the cost of litigation-an issue which bears directly on access to justice; unprecedented delays in case processing; real and perceived corruption within the courts and increasing uncertainty associated with judges' rulings. Delays...

Governing the Justice System : Spain's Judicial Council

Lopez Guerra, Luis
Fonte: World Bank, Washington, DC Publicador: World Bank, Washington, DC
Tipo: Publications & Research :: Brief; Publications & Research
Português
Relevância na Pesquisa
46.08%
Following the European model, many developing, and transitional economies have established councils, independent of other government branches to govern their judiciaries. Spain's experience illustrates the issues raised by the creation, and operation of these entities. It's Constitution states that the Council is to consist of the president of the Supreme Court who presides over it, plus twenty individuals, each of whom serves for five years. It is further required by the Constitution, that eight members from outside the judiciary be appointed by a three-fifths majority of Parliament. Nonetheless, the country's diverse political camps have differed on the methods for selecting members for the judiciary: opponents of election by judges cite potential ideological confrontations within the judiciary, and, the possible tendency to emphasize the interests of those who elected them is another factor. While experience suggests there is no single right answer to the selection of Council members, it does point to a broader latitude in election decisions. The note thus examines the core functions of the Council...

The Children's Court of South Australia

King, D.; Day, A.; Delfabbro, P.
Fonte: Springer; Netherlands Publicador: Springer; Netherlands
Tipo: Parte de Livro
Publicado em //2013 Português
Relevância na Pesquisa
36.29%
This chapter provides an overview of the history and development of the Youth Court in South Australia. Drawing on interviews conducted with judicial officers and Court stakeholders, we highlight some of the changes that have taken place since the Court’s inception, as well as how the Court currently understands its role and positioning within the broader justice and welfare systems. Key discussion points of these interviews included the Youth Court’s guiding principles and how they impact on Court procedures and responses to young people in the system, as well as the challenges that limit, or create difficulties for, the effective operation of the Youth Court. It is concluded that the Youth Court system attempts to balance both welfare and justice approaches to dealing with young people, but these approaches are sometimes hindered in practice by inadequate procedural, structural and resource-related factors. Limitations of the Court and its processes are often difficult to evaluate in isolation from the broader system in which the Court is positioned. Further evaluation of the Youth Court system’s processes and their general effectiveness is needed in order to develop a more empirically driven ‘what works’ mentality in the field. There is also a need for increased dialogue and sharing of information between state jurisdictions to enable a greater collaboration and development of ideas on tackling the current and future challenges of the Youth Court system.; Daniel King ...

Mapping the Way through Court Procedures in Bulgaria

World Bank
Fonte: Washington, DC Publicador: Washington, DC
Tipo: Report; Economic & Sector Work; Economic & Sector Work :: Law and Justice Study
Português
Relevância na Pesquisa
46.3%
The aim of this report is to illustrate the steps court users take in order to protect their interests through procedures carried out by courts. The focus is on the difference between the procedure in the law and actual practice. In outlining these differences, the report shall identify procedural inefficiencies, bottlenecks and potential areas for improvement of the procedure. It shall also estimate the approximate costs of these procedures to the parties.