Now, if this or that company does not offer to the attendance the one that the customer has right, fits to the public power to fiscalize, to charge and to punish. At this moment, the state hand is welcome. Welcome and reasonable, by the way, it was the verified state intervention during the current financial crisis. Without it, probably the crisis would have been more serious and its consequncias, arrasadoras. How we will have elections presidential in 2010 (reason for which the minister Dilma Rousseff excited the thesis of the minimum versus maximum), we go to play a little? We demand a minimum of shame in the face of the politicians in the hour to make its promises of campaign, and a maximum of ability at the moment to assume its executive powers and legislative. (. the Zarfeg) >
The assistencial benefit of support to the deficient one calls the attention, particularly, for being a benefit offered for the State without the requirement of no consideration on the part of the petitioner. Thus, a time filled the conditions established for law, the petitioner will make jus to the benefit, exactly without never having contributed for the social security. What if it observes, in the administrative way, is an extreme severity for the concession of such benefit. The order rejected for the INSS if multiplies, as well as the legal actions with the purpose to get provisions of the benefit long ago denied administratively. In the judicial scope, it has an interpretation of the legislation most favorable to the petitioner.
The magistrates, in general, tend to flexibilizar interpreted legal devices of literal form for the Previdenciria Autarchy. The benefit of social support is paid for the Federal Government, however, the operacionalizao and the recognition of the right to this benefit are in charge of the National Institute of Seguro Social (INSS). The majoritria jurisprudence has understood that only the INSS is real party in interest to appear in the passive polar region of the demands judicial where if it pleads the concession of the assistencial benefit. As much in the administrative way how much in the judicial one, the petitioner to the benefit is submitted to a doctor-skillful evaluation to certify the existence or not of incapacity for the independent life and the work.
Being thus, considering the great absence of specific studies on the execution against the Public Farm, still more on the subject treated here, he comes this work to define of concrete form and practical if the professional of the law has or not right to execute, of independent form, the legal fees borne by the loser in a judicial dispute, by means of Solicitation of Small Value RPV, when the main mount of money will be subjects to the regimen of precatrio. The legal fees borne by the loser in a judicial dispute had been introduced in our normative system through Law N. 6,355/76 that, in turn, it modified the made use one in article 20, of the Code of Processo Civil (CPC), that it started to invigorate with the following text: The sentence will condemn the looser to pay to the winner the expenditures that anticipated and the honorary ones pertaining to legal profession. This honorary mount of money will have, also, in the cases where the lawyer to function in proper cause. Before the effective Statute of the Law and the OAB, that is of the year of 1994, only art. 20 of the CPC treated on legal fees borne by the loser in a judicial dispute, thus, had, for much time, a great divergence regarding who belonged the legal fees borne by the loser in a judicial dispute. The predominant chain understood that such mount of money age of indenizatria nature e, therefore, belonged to the prevailing party, considering the expression used for the legislator ‘ ‘ to pay vencedor’ ‘. The minority chain, in turn, defended that the honorary ones fixed in reason of the burden of payment belonged to the protector of the prevailing party, that is, to the lawyer, and that they had profitable and not indenizatria nature.
To the human rights nor the fundamental liberties will not be able to be suspended. In any case the rules of the humanitarian international right will be respected. A statutory law will regulate the faculties of the Government during the states of emergency, emergency situation and will establish the judicial controls and the guarantees to protect the rights, in accordance with treaties international. The measures that are adopted will have to be proportional to the gravity of the facts. The normal operation of the branches of the public power nor of the organs of the State will not be interrupted. As soon as the foreign war or the causes has stopped that gave rise to the State of Inner Commotion, the Government will declare restored the public order and will raise the State of emergency, emergency situation. The President and the ministers will be responsible when they declare the states of emergency, emergency situation de without to have happened the cases military outer or of inner commotion, and will be it also, like the other civil servants, by any abuse who will have committed in the exercise of the faculties to that the previous articles talk about. The Government will send to the Constitutional Court the day after his expedition, the legislative decrees who dictates in use of the faculties to that the previous articles talk about, so that one decides definitively on its consitutionality.
If the Government will not fulfill having to send them, the Constitutional Court it will apprehend of office and in immediate form its knowledge. ARTICLE 215. When facts different from the predicted ones in the articles 212 and 213 happen that they disturb or they threaten to disturb in serious and imminent form the economic, social and ecological order of the country, or that constitutes serious public calamity, will be able the President, with the company/signature of all the ministers, to declare the Emergency situation per periods until of thirty days in each case, that added they will not be able to exceed ninety days in the year calendar.
The halting took place at the request of the Office of the public prosecutor of the National Hearing. It is accused of a crime of money laundering and obtaining of bottoms. In the operation it has been stopped a son his and his mandator. The National Police has stopped in the Moral (Madrid) to the industralist Husein Salem, tie to the Egyptian ex-president Hosni Mubarak and defendant of a crime of money laundering related to the obtaining of bottoms as much in Spain as in the North African country. Thus there are legal informadoefuentes, that have indicated that the halting of Salem, that has Spanish nationality, took place at the request of the Office of the public prosecutor of the National Hearing, that ten days ago abri to investigation diligences on the activities of the industralist in Spain as a result of an alert ctuada by the Police. Besides asking for its arrest, the Public Ministry requested several orders of entrance and registry that have allowed to seize 33 million Euros ” of origin ilegal” in banking accounts and a ten of buildings located in Moral and the Coast of Under ls valued in other seven or eight million Euros. On the prisoner an international order of arrest freed by the Egyptian authorities by a crime weighed swindles, but it has Spanish nationality and it has been stopped by the crimes presumably committed in national territory. Husein Salem, whose halting was carried out before the indications that it was going to have the money that has been taken part, will happen in the next days to judicial disposition in the National Hearing.
In the operation developed by the National Police other two people have been stopped: a son of Salem and his mandator in Spain, that presumably the money obtained illegally in Egypt canalized. In that country, Salem is accused to facilitate to Mubarak and its children a palace with a great surface and four mansions in the tourist city of Sharm the Sheij to a smaller price of the real one in exchange for influence peddling. Supposedly Salem gave those properties to the agent chief executive in exchange for lands of the State in the province of the south of the Sina in very exclusive zones of Sharm Sheij.
It is an atypical contract, but is allowed under protection Act. 1,255 C.C and 50 of the C. Commerce, concerned of the Anglo-Saxon legal system, characterized by the consensual, bilateral, that is to say generating doctrine like of reciprocal obligations, synallagmatic (with interdependence of benefits acting each like cause of the other), of continued duration and in which reciprocal obligations interchange. The contract of exchange of types of interest consists of the agreement to interchange on a stated capital of reference and nonreal (notional) the resulting amounts to apply a coefficient different for each contractor denominated types from interest (although they are not such, in strict sense, because it does not have, in fact, agreement of capital loan) limiting the contracting parts, in agreement with the respective terms and agreed types, to interchange partial payments during the use of the contract or, only and more simply, to eliminate periodically, by means of compensation, such interchanges being in favor of one or the other contractor a indebted balance or, vice versa, creditor. The right to the information in the banking system and the trusteeship of the banking transparency is basic for the operation of the market of banking services and its purpose as much is to obtain the efficiency of the banking system like tutelary to the subjects that take part in him (the banking client), mainly, to traverse as much of the precontractual information, in the previous phase to the conclusion of the contract, like in the contractual phase, by means of the indispensable contractual documentation. In this sense the appointment of the 48,2 of the L.D.I.E.C is forced. 26/1.988 of 29 of July and its development but the one that real and indeed agrees to the case is the one of Law 24/1,988 of 28 of July of the Stock market when coming considered by the Bank from Spain and the C.N.M.V to blame within its scope (SAP Asturias of 27 of January of 2010).
And examined the norm of the stock market it positively surprises the granted protection the given client the complexity of that market and the intention decided that it is developed with transparency but surprises, mainly, the tedious thing of the normative development on the treatment due to give the client, with special incidence in the precontractual phase. The excellent information as far as the risk of the operation is regarding the forecast reasoned and reasonable of the future behavior of the referential variable type. Therefore the client only can value ” with knowledge of causa” if the supply of the Bank, in the conditions of types of interest, propose period and calculation, satisfies to or not its interest. So that if this information has not been facilitated, the contract can be attacked by the banking client trying the invalidity of swap.
Nevertheless, the situation of Rondas Farmers has arisen outside of the communities. Just like in the case of Cajamarca, either in the small villages or other forms of social and legal, complica organization for effects to be clear estatus to them of indigenous town, in regard to have developed sufficiently to car expressions ethnic identification in such sense and not considering that the normative treatment of the rondero institute oriented towards the auxiliary application of the legislation of the communities farmers, in spite of not having the quality of such. Different it is the Native situation of Rondas and the Committees of Self-defense arisen to the interior of the Communities Native or conformed to the participation from native pertaining to different communities, spontaneous way or promoted by the State, that historical and objectively has come autoidenficando like natives, reason by which it is possible to be affirmed that such organizations of self-defense and resolution of conflicts would comprise of the indigenous towns. h) The law N 27908 Nevertheless, the normative and interpretative context before described, underwent a substantial variation with the promulgation of the new Law N 27908, Law of Rounds Farmers year 2003, essentially in terms of increase of the recognition of rights for such social organizations. This Law of Rounds Farmers was regulated the 30 of December of the 2003. Preliminarily, it is possible to be affirmed, on the one hand, that the new Law of Rounds Farmers constitutes a significant advance as far as the recognition of legal personality and rights to the ronderas organizations. On the other hand, with respect to the roll and functions of the rounds farmers in the matter of justice, it displays serious deficiencies in his internal consistency, by the existence of contradictory dispositions. there is also regulation that is being interpreted and applied to tactical missions. It is extremely probable that it debilitates the institutionalization of the rounds farmers.
The present director of Santa Cruz is ex- minister of Justice of Patricio Aylwin. Fulfilled Francisco Cereceda. In April of 2006, Gutenberg Martinez fue” cuestionado” because the Society Defensa Jurdica S.A., one of whose proprietors it is the University Miguel de Cervantes, adjudged itself near 40% of the causes that bid on the Public Defensora in the Metropolitan Region. Then the undersecretary of Justice was Jaime Arellano, who enters 1997 and 1998 he had been director of the Corporation of Judicial Attendance of the Metropolitan Region. The Public Defensora was in the hands of the Socialist Rodrigo Quintana, near ally of Solitude To turn white, that just ex- mayor Hctor Pinto had named discredited (DC), like public defender in Valparaiso. Another winner and Amigui in that one licitation deDecap y Vallejos Ltda. was the Society, property in a 50% of lawyer Mauritius Decap Fernandez, Legal Consultant’s office that worked from 1992 in the Ministry of Justice and to who Solitude To turn white had including in 1998 like adviser in the Coordinating Unit of the Penal Procedural Reformation.
The society of Decap lawyer, who at that moment was adviser of the minister of Justice, Luis Bats, adjudged to 3,546 causes penal, equivalent to about 450 million weights. the corruption has become an enormous squid that extends its tentacles to all the sectors of the society. Lamentably in the country there is no institution able to contain the corruption and lately it has demonstrated between few cases that becomes public, robbery shameless that makes the civil servants of the present government and of others, who reach several million dollars and he is never managed to capture the people in charge, far from it to reclaim the robbed money. Deputy Marcela Cubillos, indicated in that all may have been involved, until the day before assuming the National Defenestrate, advisory of Solitude
They had more donated part of its lands located in the Tray de a Cruz and 100 thousand francs, so that a chapel was successfully constructed. It was born thus, the city of Chapel (…). The proprietors had two motivations: the sacrifice of the mass (…); the other age that, the couple having a son priest, wanted to deliver a beautiful Church to it. Of the house of Pacheco it are lead for capelinha raised, the image of N. Lady of the Purificao and a coffer with all the paramentos of celebration of mass (Cinform, 2002: p. 50).
III? The Denomination of the City the Capelinha1 of Ours Lady of the Purificao? place where all of the time searched for its preces, religious conjuncts, folguedos. Capelinha later donated to the common wealth of that judicial district, people predominantly catholic, today, known as city of Chapel? ‘ ‘ princesinha of tabuleiros’ ‘. ……………………………………………………. 1 Capelinha that gave origin to the city was destroyed in 1824. At the time, the village contained a hundred of devices more than, and the culture of the sugar sugar cane, the plantation of the cotton and the cassava relieved it to it importance consideration for its economic power. Before passing to be considered city, in 1861 the Judicial district of Justice was created (…). In 1863 first Manoel judge Maria of the Amaral and the attorney general, Jose Luiz of Rabbit and Fields had taken ownership (…).
The enslaved population in 1864 already reached 2,664 people (…). In 1870 market (…) was constructed, in 28 of August of 1888 the city if it becomes city, properly said, and passes to be called Chapel (Cinform, 2002: p. 50). IV? And So the Catholic Church has built many churches and is indeed one of the largest land owners in the world.
If you concentrate only on gaining love, it is love and You are not a free man. If the irrational inhabits that you, wins the neighbor rational, You it leaves of being a free man and with certainty will not possess good customs is incompatible; The virtue is in the way; The wheel already was invented ‘ ‘ They affirm for there that the planet is sick, however, we are that we are not well, and we need to take a great dose of conscience. Ah! If all could have this high privilege that I make use to coexist person so clarified and that it is enchanted in illuminating in them. law is varied and one can be a practicing attorney, and a university professor. Related educational degrees are a master in public law and a postgraduate in philosophy and education.