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Cooperação jurídica internacional em matéria penal: eficácia da prova produzida no exterior; International legal assistance in criminal matters: effectiveness of evidence obtained ebrood

Bechara, Fábio Ramazzini
Fonte: Biblioteca Digitais de Teses e Dissertações da USP Publicador: Biblioteca Digitais de Teses e Dissertações da USP
Tipo: Tese de Doutorado Formato: application/pdf
Publicado em 04/05/2010 Português
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46.12%
O objetivo desta tese é demonstrar que a maior eficácia da prova produzida no exterior e a maior eficiência da cooperação jurídica internacional estão associadas ao padrão normativo universal dos direitos humanos, que possibilita a superação do principal entrave que é a diversidade entre os sistemas jurídicos nacionais. A Declaração Universal de 1948 constitui o grande referencial histórico na construção do padrão normativo universal dos direitos humanos. O movimento de difusão e consolidação do padrão normativo universal dos direitos humanos deu-se através dos processos de internacionalização e constitucionalização, traduzido num esforço de harmonização, em que se buscou estabelecer uma relação de equivalência e semelhança entre os sistemas, respeitada a diversidade que particulariza cada um destes. A aceitação do modelo normativo universal dos direitos humanos repercute no processo penal, seja na atividade probatória como no instrumento processual da assistência jurídica internacional. Na atividade probatória, o padrão dos direitos humanos manifesta-se pelo modelo de processo justo, que representa o marco comum entre os sistemas jurídicos nacionais que o incorporaram, inclusive o brasileiro...

Robert Alexy’s A Theory of Constitutional Rights critical review: key jurisprudential and political questions

Pace, Cristina
Fonte: Instituto Universitário de Lisboa Publicador: Instituto Universitário de Lisboa
Tipo: Trabalho em Andamento
Publicado em 25/10/2012 Português
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46.09%
Abstract The question of the theoretical foundations of fundamental rights and of the coherence in the application of constitutional rights reasoning in different legal systems is one of the foremost issues of all democratic constitutional states where there is a presence of a Bill of Rights, in continental European jurisprudence as well as in other common law jurisdictions. The analysis of how constitutional rights reasoning on fundamental rights is structured in the legal process of constitutional states is in fact deeply linked with the very concept of democracy and of a democratic state: a substantive, structural theory of fundamental rights is essential in every contemporary democratic society, being crucial for both its legal and political structure. Alexy’s substantial general theory of fundamental rights constitutes in this respect a major contribution to the development of constitutional law and legal reasoning, one which goes well beyond the interpretation of the German basic law, providing a theory of general application relevant to most, if not all, European as well as non-continental legal orders.

How Do Local-Level Legal Institutions Promote Development?

Gauri, Varun
Fonte: Banco Mundial Publicador: Banco Mundial
Português
Relevância na Pesquisa
46.1%
This paper develops a framework and some hypotheses regarding the impact of local-level, informal legal institutions on three economic outcomes: aggregate growth, inequality, and human capabilities. It presents a set of stylized differences between formal and informal legal justice systems, identifies the pathways through which formal systems promote economic outcomes, reflects on what the stylized differences mean for the potential impact of informal legal institutions on economic outcomes, and looks at extant case studies to examine the plausibility of the arguments presented. The paper concludes that local-level, informal legal institutions can support social substitutes for the enforcement of contracts, although these substitutes tend to be limited in range and scale; they are flexible and could conceivably be adapted to serve the interests of the poor and marginalized if supportive organizational and social resources could be brought to support the legal claims of the disempowered; and they are more likely to support personal integrity rights than the positive liberties that are also constitutive of development as freedom.

Trade and Harmonization : If Your Institutions are Good, Does it Matter if They are Different ?

Islam, Roumeen; Reshef, Ariell
Fonte: World Bank, Washington, DC Publicador: World Bank, Washington, DC
Português
Relevância na Pesquisa
46.12%
Good institutional quality (function) and similar institutional design (form) can promote international trade by reducing transactions costs. The authors evaluate the relative importance of function versus form in a gravity model, using an indicator of different legal systems as a proxy for differences in form, together with indicators of overall institutional quality. They find that good institutions promote trade much more than similar legal systems and have much more explanatory power. This effect is economically large-up to 10 times the effect of different legal systems. Moreover, better infrastructure matters as much as good institutions.

The Law and Economics of Judicial Systems

Shavell, Steven
Fonte: World Bank, Washington, DC Publicador: World Bank, Washington, DC
Português
Relevância na Pesquisa
56.17%
The economic analysis of law is an indispensable conceptual tool for designing and reforming legal systems. It does not necessarily deal with markets, prices, and what are conventionally thought to be economic concepts. Rather, it is an approach to analyzing the law and legal institutions that focuses on systematic, empirical analyses of the incentives and effects created by alternative legal constraints. The economic analysis of law can also be a valuable tool in considering alternative models for reforming legal institutions. Three broad principles of reform are suggested by this approach: reducing the scope of the law, simplifying the law, and using incentives to alter access to the legal system. Reformers and social planners should always consider the possibility of reducing the scope of the law. Reducing the demand for legal services can free much human talent for other things--the practice of medicine, the construction of roads, and so on. Since legal rules can become very complicated, simplifying them may save scarce resources. One way to drastically reduce the amount of litigation is to use predetermined schedules or tables to calculate the damages that accident victims can collect rather than making the amount a subject for legal adjudication. Lastly...

How Do Local-Level Legal Institutions Promote Development? An Exploratory Essay

Gauri, Varun
Fonte: World Bank, Washington, DC Publicador: World Bank, Washington, DC
Português
Relevância na Pesquisa
46.1%
This paper develops a framework and some hypotheses regarding the impact of local-level, informal legal institutions on three economic outcomes: aggregate growth, inequality, and human capabilities. It presents a set of stylized differences between formal and informal legal justice systems, identifies the pathways through which formal systems promote economic outcomes, reflects on what the stylized differences mean for the potential impact of informal legal institutions on economic outcomes, and looks at extant case studies to examine the plausibility of the arguments presented. The paper concludes that local-level, informal legal institutions: (i) can support social substitutes for the enforcement of contracts, though these substitutes tend to be limited in range and scale; (ii) are flexible and could conceivably be adapted to serve the interests of the poor and marginalized if supportive organizational and social resources could be brought to buttress the legal claims of the disempowered; and (iii) are more likely to support personal integrity rights than the positive liberties that are also constitutive of development as freedom.

Legal Institutions and Financial Development

Beck, Thorsten; Levine, Ross
Fonte: World Bank, Washington, DC Publicador: World Bank, Washington, DC
Português
Relevância na Pesquisa
56.2%
A burgeoning literature finds that financial development exerts a first-order impact on long-run economic growth, which raises critical questions, such as why do some countries have well-developed growth-enhancing financial systems while others do not? The law and finance theory focuses on the role of legal institutions in explaining international differences in financial development. First, the law and finance theory holds that in countries where legal systems enforce private property rights, support private contractual arrangements, and protect the legal rights of investors, savers are more willing to finance firms and financial markets flourish. Second, the different legal traditions that emerged in Europe over previous centuries and were spread internationally through conquest, colonization, and imitation help explain cross-country differences in investor protection, the contracting environment, and financial development today. But there are countervailing theories and evidence that challenge both parts of the law and finance theory. Many argue that there is more variation within than across legal origin families. Others question the central role of legal tradition and point to politics...

Secured Transaction Systems and Collateral Registries

International Finance Corporation
Fonte: Washington, DC Publicador: Washington, DC
Português
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46.18%
The main objective of this toolkit is to provide technical advice and guidance to World Bank Group staff, donor institutions, government officials and other practitioners on the implementation of secured transactions law and institutional reforms in emerging market countries. However, the Toolkit has not been designed to eliminate the need for in-person expert advice for governments that undertake to introduce a secured transactions system. It is necessary to take into account the factors that are unique to each jurisdiction. The content of the Toolkit will guide the reader through the various stages of the project cycle (identification, diagnostic, solution design, implementation, and monitoring and evaluation) involved in the introduction of secured transactions reforms. The recommendations presented in the Toolkit are based on IFC s experience in the secured transactions area, the contributions of a number of experts in this field, existing literature, and reform experience in a number of emerging market countries and the existing best practices in jurisdictions with advanced secured transactions systems. While the Toolkit does not cover all aspects of secured transactions reform...

AI approaches to the complexity of legal systems : models and ethical challenges for legal systems, legal language and legal ontologies, argumentation and software agents

Fonte: Springer Publicador: Springer
Tipo: Livro
Português
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46.22%
International Workshop AICOL-III, Held as Part of the 25th IVR Congress, Frankfurt am Main, Germany, August 15-16, 2011. Revised Selected Papers; The inspiring idea of this workshop series, Artificial Intelligence Approaches to the Complexity of Legal Systems (AICOL), is to develop models of legal knowledge concerning organization, structure, and content in order to promote mutual understanding and communication between different systems and cultures. Complexity and complex systems describe recent developments in AI and law, legal theory, argumentation, the Semantic Web, and multi-agent systems. Multisystem and multilingual ontologies provide an important opportunity to integrate different trends of research in AI and law, including comparative legal studies. Complexity theory, graph theory, game theory, and any other contributions from the mathematical disciplines can help both to formalize the dynamics of legal systems and to capture relations among norms. Cognitive science can help the modeling of legal ontology by taking into account not only the formal features of law but also social behaviour, psychology, and cultural factors. This book is thus meant to support scholars in different areas of science in sharing knowledge and methodological approaches. This volume collects the contributions to the workshop's third edition...

Law and Finance : Why Does Legal Origin Matter?

Beck, Thorsten; Demirguc-Kunt, Asli; Levine, Ross
Fonte: World Bank, Washington, DC Publicador: World Bank, Washington, DC
Tipo: Publications & Research :: Policy Research Working Paper; Publications & Research
Português
Relevância na Pesquisa
56.17%
A growing body of work suggests that cross-country differences in legal origin help explain differences in financial development. The authors assess two theories of why legal origin influences financial development. First, the "political" channel stresses that (1) legal traditions differ in the priority they give to the rights of individual investors compared with the state, and that (2) this has repercussions for the development of property rights and financial markets. Second, the "adaptability" channel holds that (1) legal traditions differ in their ability to adjust to changing commercial circumstances, and (2) legal systems that adapt quickly to minimize the gap between the contracting needs of the economy and the legal system's capabilities will foster financial development more effectively than would more rigid legal traditions. The authors use historical comparisons and cross-country regressions to assess the validity of these two channels.

Law and Firms' Access to Finance

Beck, Thorsten; Demirgüç-Kunt, Asli; Levine, Ross
Fonte: World Bank, Washington, DC Publicador: World Bank, Washington, DC
Tipo: Publications & Research :: Policy Research Working Paper; Publications & Research
Português
Relevância na Pesquisa
46.12%
Why does a country's legal origin influence its firms' access to finance? Using data from over 4,000 firms in 38 countries, the authors show that firms in countries with French legal origin face significantly higher obstacles in accessing external finance than firms in common law countries. Next, their results indicate that French legal origin countries tend to have (1) less adaptable legal systems, as defined by the degree to which case law and principles of equity rather than simply statutory law are accepted foundations of legal decisions, and (2) less politically independent judiciaries, as defined by the degree of tenure of supreme court judges and their jurisdiction over cases involving the government. Finally, the authors find that the adaptability of a country's legal system is more important for explaining the obstacles that firms face in contracting for external finance than the political independence of the judiciary. So, they distinguish among competing explanations of why law matters for financial development by empirically documenting the links running from international differences in legal origin to the operation of the financial system at the firm level.

Slovak Republic : Legal and Judicial Sector Assessment

World Bank
Fonte: Washington, DC Publicador: Washington, DC
Tipo: Publications & Research :: Publication
Português
Relevância na Pesquisa
56.17%
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...

Firms as Financial Intermediaries : Evidence from Trade Credit Data

Demirguc-Kunt, Asli; Maksimovic, Vojislav
Fonte: World Bank, Washington, DC Publicador: World Bank, Washington, DC
Tipo: Publications & Research :: Policy Research Working Paper; Publications & Research
Português
Relevância na Pesquisa
46.11%
The authors argue that non-financial firms act as intermediaries, by channeling short-term funds from the financial institutions in an economy, to their best use. Non-financial firms act in this way because they may have a comparative advantage in exploiting informal means of ensuring that borrowers repay. These considerations suggest that to optimally exploit their advantage in providing trade credit to some classes of borrowers, firms should obtain external financing from financial intermediaries, and markets, when this is efficient. Thus the existence of a large banking system is consistent with these considerations. Using firm-level data for thirty nine countries, the authors compute turnovers in payables, and receivables, and examine how they differ across financial systems. They find that the development level of a country's legal infrastructure, and banking system predicts the use of trade credit. Firms' use of bank debt is higher relative to their use of trade credit in countries with efficient legal systems. Bur firms in countries with large...

The Hybrid Courts of Melanesia : A Comparative Analysis of Village Courts of Papua New Guinea, Island Courts of Vanuatu, and Local Courts of Solomon Islands

Evans, Daniel; Goddard, Michael; Paterson, Don
Fonte: World Bank, Washington, DC Publicador: World Bank, Washington, DC
Tipo: Publications & Research :: Working Paper; Publications & Research
Português
Relevância na Pesquisa
46.16%
This paper examines three systems of courts of justice, each in a different country in the region of South Pacific islands known as Melanesia, where state legal systems have been adopted from former European colonial governments. The systems discussed are, by comparison, 'hybrid', each of them having been established with the intention of addressing disputes among small-scale social groups by less formal means or by taking greater heed of customary forms of dispute resolution. The paper applies a comparative analysis of these systems, covering their distinct history and the variances in structure, funding, personnel and jurisdictional coverage that impact on their effectiveness as state-sanctioned courts. Conclusions are offered with observations about the strengths and weaknesses of these hybrid systems and their potential for development as instruments of community-owned justice in Melanesia.

The World Bank Legal Review : Law, Equity, and Development, Volume 2

World Bank
Fonte: Washington, DC: World Bank and Martinus Nijhoff Publicador: Washington, DC: World Bank and Martinus Nijhoff
Tipo: Publications & Research :: Publication; Publications & Research :: Publication
Português
Relevância na Pesquisa
46.13%
The World Bank legal review: law, equity, and development, volume two, is a publication for policy makers and their advisers, attorneys, and other professionals engaged in the field of international development. It offers a combination of legal scholarship, lessons from experience, legal developments, and recent research on the many ways in which the application of law and the improvement of justice systems promote poverty reduction, economic development, and the rule of law. In keeping with the theme of the World Development Report 2006: equity and development, and following the success of the World Bank Group's legal forum on 'law, equity, and development' in December 2005, volume two of the World Bank legal review focuses on issues of equity and development. The volume draws together some of the key ideas of the Legal Forum, including articles by many of its distinguished participants, and explores the role of equity in the development process, highlighting how legal and regulatory frameworks and equitable justice systems can do much to level the playing field in the political...

Women's Movements, Plural Legal Systems and the Botswana Constitution : How Reform Happens

Hasan, Tazeen; Tanzer, Ziona
Fonte: World Bank, Washington, DC Publicador: World Bank, Washington, DC
Tipo: Publications & Research :: Policy Research Working Paper; Publications & Research
Português
Relevância na Pesquisa
56.1%
Collective action by women's networks has been a strong driver of legislative change in many countries across the world. Women's groups in Botswana have used advocacy tools such as testing the implementation of gender equality principles in the national court system. In 1992, women's legal networks in the Unity Dow case successfully challenged discriminatory statutory citizenship laws. This victory triggered far-reaching reforms of the citizenship law, family law, and even the Constitution itself. Two decades later, another successful "test" case, the Mmusi case, has challenged the customary law practice of favoring male heirs as contrary to constitutional principles of equality. The paper explores the role that judges and national courts play in implementing gender equality principles and upholding state commitments to the Convention on the Elimination of Discrimination against Women. The paper also highlights the role of governments in taking on the concerns of their citizens and cementing the principle of equality in national legal frameworks. The backdrop to this process is a plural legal system where both customary and statutory laws and courts exist side by side. How women negotiate their rights through these multiple systems by coalition building and using "good practice" examples from other countries is important to understand from a policy perspective and how this "bottom-up" approach can contribute to women's economic empowerment in other national contexts.

Financial and Legal Constraints to Firm Growth : Does Size Matter?

Beck, Thorsten; Demirguc-Kunt, Asli; Maksimovic, Vojislav
Fonte: World Bank, Washington, DC Publicador: World Bank, Washington, DC
Tipo: Publications & Research :: Policy Research Working Paper; Publications & Research
Português
Relevância na Pesquisa
56.1%
Using a unique firm-level survey data base, covering fifty four countries, the authors investigate whether different financial, legal, and corruption issues that firms report as constraints, actually affect their growth rates. The results show that the extent to which these factors constrain a firm's growth depends very much on its size, and that it is consistently the smallest firms that are most adversely affected by all these constraints. Firm growth is more affected by reported constraints in countries with underdeveloped financial, and legal systems, and higher corruption. So, policy measures to improve financial, and legal development, and reduce corruption are well justified in promoting firm growth, particularly the development of the small, and medium enterprise sector. But the evidence also shows that the intuitive descriptors of an "efficient" legal system, are not correlated with the components of the general legal constraints that predict firm growth. This finding suggests that the mechanism by which the legal system affects firm performance...

The Quality of the Legal System, Firm Ownership, and Firm Size

Laeven, Luc; Woodruff, Christopher
Fonte: World Bank, Washington, D.C. Publicador: World Bank, Washington, D.C.
Tipo: Publications & Research :: Policy Research Working Paper; Publications & Research
Português
Relevância na Pesquisa
56.13%
Employment in developing countries is disproportionately concentrated in very small firms. The authors examine the extent to which the distribution of firm size is related to the quality of the legal system using data from Mexico. They combine Lucas' (1978) model of firm size with Himmelberg, Hubbard, and Love's (2001) consideration of idiosyncratic risk in a framework in which the distribution of entrepreneurial talent and aversion to idiosyncratic risk combine to determine the optimal size of firms. Their data allows them to focus on the differential impact of the legal system on proprietorships and corporations. Moreover, by focusing on firms in a single country, the data draw attention to the importance of variation in the administration of justice and the enforcement of legal verdicts. The authors find that Mexican states with more effective legal systems have larger firms. A one-standard deviation improvement in the quality of the legal system increases the average firm size by about 10-15 percent. The impact of the legal system is greatest in sectors in which proprietorships dominate. This pattern is consistent with better legal systems increasing the investment of firm owners by reducing the idiosyncratic risk they face. All of these findings are upheld when the authors instrument for institutional variables using the log of indigenous population in 1900 and the active presence of the drug trade in the state.

Women's Legal Rights over 50 Years : Progress, Stagnation or Regression?

Hallward-Driemeier, Mary; Hasan, Tazeen; Rusu, Anca Bogdana
Fonte: World Bank, Washington, DC Publicador: World Bank, Washington, DC
Tipo: Publications & Research; Publications & Research :: Policy Research Working Paper
Português
Relevância na Pesquisa
46.11%
Using a newly compiled database of women's property rights and legal capacity covering 100 countries over 50 years, this paper analyzes the triggers and barriers to reform. The database documents gender gaps in the ability to access and own assets, to sign legal documents in one's own name, and to have equality or non-discrimination as a guiding principle of the country's constitution. Progress in reducing these constraints has been dramatic -- half of the constraints documented in the 1960s had been removed by 2010. However, some sticky areas persist where laws have not changed or have even regressed. The paper analyzes potential drivers of reforms. A significant finding is that the relationship with a country's level of development and the extent of its reforms is not straightforward. For the first half of the sample, there was no systematic connection; only in the last 25 years have increases in income been associated with higher probabilities for reform, but only in lower-income countries. With the remaining constraints as prevalent in middle- as low-income countries...

Principles for Effective Insolvency and Creditor-Debtor Rights Systems, Revised 2015

World Bank
Fonte: World Bank, Washington, DC Publicador: World Bank, Washington, DC
Tipo: Report; Economic & Sector Work; Economic & Sector Work :: Insolvency Assessment
Português
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46.13%
Effective creditor/debtor rights and insolvency systems are an important element of financial system stability. The World Bank Group accordingly has been working with partner organizations to develop principles for insolvency and creditor/debtor rights systems. The Principles for Effective Insolvency and Creditor/Debtor Rights Systems (the Principles) are a distillation of international best practice on design aspects of these systems, emphasizing contextual, integrated solutions and the policy choices involved in developing those solutions.Based on the experience gained from the use of the Principles, and following extensive consultations, the publication has been thoroughly reviewed and updated in 2005, 2011 and 2015. The revised Principles contained in this document have benefited from wide consultation and, more importantly, from the practical experience of using them in the context of the Bank’s assessment and operational work.