Sistema Regional de Información
en línea para Revistas Científicas de América Latina,
el Caribe, España y Portugal

ABSTRACT: This article aims to analyze the juxtaposition between Brazilian Social Security system and the public policies addressed to “quilombolas” communities, focusing on the confluences and contradictions between the Social Security framework and “Quilombola” Social Agenda, established by Decree n. 6.261/2007. The lack of a real normative-institutional articulation between these spheres, currently operates as a condition of the concrete difficulties faced by the members of “quilombolas” communities when they search for access to Social Security, mainly in relation to pension benefits, as can be seen in case studies. The article begins with the consecutive exposition of the Social Security structure and the rights related to the “quilombolas” communities in the Brazilian legal system. Subsequently, promotes a reflection concerning the consequences of disarticulation between these regulations. Finally, examines a valuing consideration of a possible meaning of such disarticulation, at the same time that possible guidelines are exposed for a greater institutional suitability. Keywords: Social Security; “Quilombola” Social Agenda; Social Rights; “Quilombolas” Communities.

This article aims to elucidate the similarity of law to literature and to know the proposal of Law as Ronald Dworkin 's integrity, within which he understands Law as an interpretative concept in defense of the thesis of the only correct answer. For this, a bibliographical review is synthesized in the author's works, as well as articles published in scientific journals and academic productions. In this section, the intention was to present Dworkin's proposal that he maintains that legal practice is an exercise in interpretation in general, for this purpose a contribution is made to literature in order to provide a better understanding of the interpretive activity. The deductive methodology was used with literature review on the subject.

This study aims to analyze the original jurisdiction to the crime of bigamy in the early 17th century, when ecclesiastical jurisdiction claimed for a supremacy in that matter against Inquisition in Portuguese Empire. The methodology includes both primary sources which illustrate the debates that time and contemporary literature. As a result, we realized that many actors influenced in the attempt to find a final solution for this conflict, such as the appeal to the Pope and the mediation of the King in Church’s internal affairs, what denotes the multinormative perspective in the Portuguese colonial context and the convivence of different jurisdictions even when there was a conflict between them.

This study aims to demonstrate the close relationship between the constitutional principle of efficiency and the constitutional objective of development. It is demonstrated that despite the criticisms that, as a principle, it is not applicable to the legal system, because of theories presented under the utilitarian approach or its economic value, efficiency proves to be a powerful instrument of development the economic concepts are used to does rereading the legal system as mentors, not doctrinators, in such a way that the pursuit of efficiency contributes greatly to the enhancement of the freedoms that under the Amartya Sen perspective are ends and means for development. Keywords: Efficiency; Development; Public Resources.

The right to a private life reserve, while a (constitutionally) fundamental right of personality, is limited to the extent necessary and appropriate to the pretection of relevant interests. The text briefly illustrates some of the limitations to this law in the field of Community-European company law.

The present text has as objective to analyze the thought of the professor and jurist Otto de Brito Guerra, correlating the academic activities that he developed, and the reality of legal education. It was first necessary to make an account of the history of this jurist from Potiguar. Next, an analysis of the extension activities developed throughout his professional career, with emphasis on those developed with a focus on the problems of drought and semi-arid. Finally, an approach about the necessity of insertion of the local problems in the activities developed in the university.

Both transitional justice (JT) and law and development (D & D) study institutional reforms of police forces, leading to different impasses. The article analyzes the contributions of these two theoretical fields to the study of institutional reforms. It takes as a case study the police organization in Brazil, in order to identify practical challenges in development and enforcement that can be clarified by these theoretical approaches. To conclude, it describes the recommendations for attention to social segmentation and obstacles of a material, cultural and political nature.

This paper aims to answer the following question: does the Constitution allows that the Federal Prosecution Office charges directly an official that, for instance has committed moral damages against professors and students in brazilian universities? To answer that question, the interpretation of articles 37, §6º and 129, III takes place in the context of the precedents concerning the case, especially the extraordinary appeal nº 327.904, judged by Brazilian Supreme Court. In that case, the Court had not allowed the direct responsibility of the public agent, but the theory of precedents developed by Ronaldo Dworkin or Juraci Mourão help to justify the distinguishing or even the overruling in the case. Key-Words: moral damages; Minister of Education; theory of precedents; personal responsibility.