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Volumen 16 (2015): Edición 29 (June 2015)

Detalles de la revista
Formato
Revista
eISSN
2457-9017
Publicado por primera vez
16 Apr 2015
Periodo de publicación
2 veces al año
Idiomas
Inglés

Buscar

Volumen 16 (2015): Edición 29 (June 2015)

Detalles de la revista
Formato
Revista
eISSN
2457-9017
Publicado por primera vez
16 Apr 2015
Periodo de publicación
2 veces al año
Idiomas
Inglés

Buscar

0 Artículos
Acceso abierto

Actions that Combat the Disruption of the Moral and Social Code with the Purpose of Favoritism

Publicado en línea: 04 Aug 2015
Páginas: 1 - 4

Resumen

Abstract

Currently, corruption has been so generalized and sophisticated that threatens to undermine the own society structure. Corruption is a problem identified in all the countries. What changes is how we deal with it. Nevertheless, why is there so much corruption? Within the group of factors, it is possible to highlight the high bureaucracy that reduces the efficiency of the public administration; the presence of a slow Judiciary Branch which is very low is terms of efficiency, when reprimanding illicit practices that incite everything ending up in pizza (this sentence was literally translated from Portuguese, it does not exist in English, but it means that impunity prevails in Brazil.); the existence of a corporatist sense among the Administration industries in the public sector in relation to the private sector and so facilitating corruption.

The penalty for corruption should be constrained to mechanisms that allow the system of criminal justice to carry out actions of arrest, prosecution, penalty and repair to the country. Combating corruption complies with the republican ideal for the reduction of costs in Brazil. Moralizing the public-private relations offers juridical security to the market. The fact that some countries, especially Brazil, are seriously combating against corruption brings hope, with an eye on a more rigid legislation and less bureaucratic as well, with the end of the corporatist sense and the equivalence of salaries between the public and private sector. We shall provide effective criminal, administrative and civil penalties of inhibiting nature for future action; we shall provide cooperation between the law applicator and the private companies; we shall prevent the conflict of interests; we shall forbid the existence of “black fund” at the companies and we shall encouraged the relief or reduction of taxes to expenses considered as bribery or other conducts related

Keywords

  • corruption-Brazil-countries-Judiciary Branch-bureaucratic
Acceso abierto

Romanian Legal Structure of Agricultural Holdings in the Context of the Common Agricultural Policy 2014-2020

Publicado en línea: 04 Aug 2015
Páginas: 5 - 19

Resumen

Abstract

This Article "Legal structure of agricultural holdings romanian in the context of the common agricultural policy 2014-2020” falls within the field of agricultural research oriented structures, aiming to achieve a documentation of previous research, describe the existing situation and formulating its explanations.

Keywords

  • agricultural holdings
  • Common Agricultural Policy 2014-2020
  • current legal framework
  • animal products
  • individual
Acceso abierto

Crimes Against the Carrying out of Justice in the Context of the Current Criminal Law

Publicado en línea: 04 Aug 2015
Páginas: 20 - 25

Resumen

Abstract

The passing of the new codes was justified by the legislator by taking into account both the comparative law in the field, as well as the social and economic realities, the evolution of the doctrine and jurisprudence, the need for readjusting the punitive treatment within the normal limits, the simplification of the incriminatory texts and the need to avoid the overlapping of various criminal provisions.

The current paper aims to analyze the offenses against the justice process, which have come to know new nuances in the current penal configuration, being distinctively specified in Title IV of the Penal Code‟s Special Part; the syntagm “Crimes hindering justice” has been replaced with “Crimes against the carrying out of justice”, since these crimes have not always effectively prevented justice from being carried out; sometimes they only posed a threat to the justice process. The changes regarding these offenses were justified by the legislator by invoking the need to ensure the legality, impartiality, independence and unwavering nature when carrying out the justice process, new incriminations being brought up and other criminal acts being rethought, which were already criminalized by the previous legislation.

Keywords

  • offenses
  • justice achievement
  • act of justice
  • new offense
Acceso abierto

The Political Culture; Politicial Socialization and Acculturation

Publicado en línea: 04 Aug 2015
Páginas: 26 - 47

Resumen

Abstract

In this article, the author, after having comparatively analyzed senses and significations of the concept of politic culture, as stated by several renowned authors in the world of science, proceeds to a differentiation of general political culture from those political cultures that are integrated into the lives of contemporary political agents (subcultures, political countercultures, marginal cultures, political cultures of public policy makers etc.) which coexist on the territory of a state.

Using praxeological and systemic approaches, the author discusses the place and role of contemporary ideologies in their quality as a directional and dynamogenic factor in political practices, as well as political socialization and acculturation as methods of reproducing and developing political culture in accordance with the necessities imposed by the global development of society and by its subsystems. The formation of a solid political culture, through education and communication in general, both at individual and at social level, conditions the maturation of democracy, and the launching of public policies likely to solve individual and community issues.

Keywords

  • participative political culture
  • subcultures and countercultures
  • socialization
  • acculturation
  • ideology
Acceso abierto

The Essential Conditions for the Validity of the Contract of Carriage

Publicado en línea: 04 Aug 2015
Páginas: 48 - 55

Resumen

Abstract

At the conclusion of the transport contract for goods or people, the carrier shall make available to the consignor or the passenger his exclusive and special service to travel in space with a suitable means of transport, different from other previous or subsequent transport services. Thus, the transport activity is entirely distinct and independent from the civil or economic transactions concerning the goods transported, which run between the consignor and the recipient, or, taking another example, from the insurance agreement during the transport of goods or persons, imposed by law. At the same time, transport is a service of public interest, which obliges the transport operator to publish permanently his transport offer with all the information needed to access it. This is the source of the organized and uniform periodicity of the carrying trade, performed as a constant preoccupation in order to obtain profit. But, because of the multitude and diversity of displacement interests of the transport beneficiaries, sometimes the transport operator is forced to arrange that the transport of goods or people contracting should be carried out through another carrier. Therefore, whenever the transporter is substituted by another transport operator for total or partial execution of its duty, the latter will be considered part of the transport contract, taking over all obligations of the contracting operator directly with the beneficiary of his service.

Palabras clave

  • Contract of carriage
  • carrier
  • the object of the transport contract
  • the validity of contract
0 Artículos
Acceso abierto

Actions that Combat the Disruption of the Moral and Social Code with the Purpose of Favoritism

Publicado en línea: 04 Aug 2015
Páginas: 1 - 4

Resumen

Abstract

Currently, corruption has been so generalized and sophisticated that threatens to undermine the own society structure. Corruption is a problem identified in all the countries. What changes is how we deal with it. Nevertheless, why is there so much corruption? Within the group of factors, it is possible to highlight the high bureaucracy that reduces the efficiency of the public administration; the presence of a slow Judiciary Branch which is very low is terms of efficiency, when reprimanding illicit practices that incite everything ending up in pizza (this sentence was literally translated from Portuguese, it does not exist in English, but it means that impunity prevails in Brazil.); the existence of a corporatist sense among the Administration industries in the public sector in relation to the private sector and so facilitating corruption.

The penalty for corruption should be constrained to mechanisms that allow the system of criminal justice to carry out actions of arrest, prosecution, penalty and repair to the country. Combating corruption complies with the republican ideal for the reduction of costs in Brazil. Moralizing the public-private relations offers juridical security to the market. The fact that some countries, especially Brazil, are seriously combating against corruption brings hope, with an eye on a more rigid legislation and less bureaucratic as well, with the end of the corporatist sense and the equivalence of salaries between the public and private sector. We shall provide effective criminal, administrative and civil penalties of inhibiting nature for future action; we shall provide cooperation between the law applicator and the private companies; we shall prevent the conflict of interests; we shall forbid the existence of “black fund” at the companies and we shall encouraged the relief or reduction of taxes to expenses considered as bribery or other conducts related

Keywords

  • corruption-Brazil-countries-Judiciary Branch-bureaucratic
Acceso abierto

Romanian Legal Structure of Agricultural Holdings in the Context of the Common Agricultural Policy 2014-2020

Publicado en línea: 04 Aug 2015
Páginas: 5 - 19

Resumen

Abstract

This Article "Legal structure of agricultural holdings romanian in the context of the common agricultural policy 2014-2020” falls within the field of agricultural research oriented structures, aiming to achieve a documentation of previous research, describe the existing situation and formulating its explanations.

Keywords

  • agricultural holdings
  • Common Agricultural Policy 2014-2020
  • current legal framework
  • animal products
  • individual
Acceso abierto

Crimes Against the Carrying out of Justice in the Context of the Current Criminal Law

Publicado en línea: 04 Aug 2015
Páginas: 20 - 25

Resumen

Abstract

The passing of the new codes was justified by the legislator by taking into account both the comparative law in the field, as well as the social and economic realities, the evolution of the doctrine and jurisprudence, the need for readjusting the punitive treatment within the normal limits, the simplification of the incriminatory texts and the need to avoid the overlapping of various criminal provisions.

The current paper aims to analyze the offenses against the justice process, which have come to know new nuances in the current penal configuration, being distinctively specified in Title IV of the Penal Code‟s Special Part; the syntagm “Crimes hindering justice” has been replaced with “Crimes against the carrying out of justice”, since these crimes have not always effectively prevented justice from being carried out; sometimes they only posed a threat to the justice process. The changes regarding these offenses were justified by the legislator by invoking the need to ensure the legality, impartiality, independence and unwavering nature when carrying out the justice process, new incriminations being brought up and other criminal acts being rethought, which were already criminalized by the previous legislation.

Keywords

  • offenses
  • justice achievement
  • act of justice
  • new offense
Acceso abierto

The Political Culture; Politicial Socialization and Acculturation

Publicado en línea: 04 Aug 2015
Páginas: 26 - 47

Resumen

Abstract

In this article, the author, after having comparatively analyzed senses and significations of the concept of politic culture, as stated by several renowned authors in the world of science, proceeds to a differentiation of general political culture from those political cultures that are integrated into the lives of contemporary political agents (subcultures, political countercultures, marginal cultures, political cultures of public policy makers etc.) which coexist on the territory of a state.

Using praxeological and systemic approaches, the author discusses the place and role of contemporary ideologies in their quality as a directional and dynamogenic factor in political practices, as well as political socialization and acculturation as methods of reproducing and developing political culture in accordance with the necessities imposed by the global development of society and by its subsystems. The formation of a solid political culture, through education and communication in general, both at individual and at social level, conditions the maturation of democracy, and the launching of public policies likely to solve individual and community issues.

Keywords

  • participative political culture
  • subcultures and countercultures
  • socialization
  • acculturation
  • ideology
Acceso abierto

The Essential Conditions for the Validity of the Contract of Carriage

Publicado en línea: 04 Aug 2015
Páginas: 48 - 55

Resumen

Abstract

At the conclusion of the transport contract for goods or people, the carrier shall make available to the consignor or the passenger his exclusive and special service to travel in space with a suitable means of transport, different from other previous or subsequent transport services. Thus, the transport activity is entirely distinct and independent from the civil or economic transactions concerning the goods transported, which run between the consignor and the recipient, or, taking another example, from the insurance agreement during the transport of goods or persons, imposed by law. At the same time, transport is a service of public interest, which obliges the transport operator to publish permanently his transport offer with all the information needed to access it. This is the source of the organized and uniform periodicity of the carrying trade, performed as a constant preoccupation in order to obtain profit. But, because of the multitude and diversity of displacement interests of the transport beneficiaries, sometimes the transport operator is forced to arrange that the transport of goods or people contracting should be carried out through another carrier. Therefore, whenever the transporter is substituted by another transport operator for total or partial execution of its duty, the latter will be considered part of the transport contract, taking over all obligations of the contracting operator directly with the beneficiary of his service.

Palabras clave

  • Contract of carriage
  • carrier
  • the object of the transport contract
  • the validity of contract