Download or read book Interpreta o e Analogia no Direito Tribut rio written by André Silva Gomes and published by Editora Dialética. This book was released on 2021-09-08 with total page 219 pages. Available in PDF, EPUB and Kindle. Book excerpt: O tema da analogia tem especial relevância no Direito Tributário por se tratar de área que envolve uma inserção limitadora nos direitos de propriedade e liberdade. Tal circunstância impõe que bem se compreenda no que consiste a analogia, e de que forma e sob quais fundamentos ela se realiza. Com isso em vista, esta obra se propõe a diferenciar conceitualmente a interpretação, integração e aplicação do Direito, distinguindo a analogia de institutos correlatos com os quais ela é usualmente associada. Na sequência, busca-se definir um conceito de analogia e, por fim, averiguar a medida de sua aplicabilidade no Direito Tributário. Nessa linha, tem-se que a analogia é uma técnica de integração do Direito que consiste na aplicação de uma norma a um caso em que há uma lacuna normativa, com fundamento na semelhança relevante entre a hipótese normativa e o caso lacunoso. Existe, contudo, uma proibição parcial ao uso da analogia no Direito Tributário, que decorre diretamente dos princípios limitadores do poder de tributar. Assim, conclui-se que a analogia no Direito Tributário é vedada quando seu resultado for uma imposição contrária aos efeitos protetivos das garantias constitucionais, compreendido como o dever de pagar tributos, sanções e cumprimento de obrigações acessórias. No entanto, permite-se a analogia para aplicação de normas em benefício do contribuinte, justamente pela eficácia protetiva dos princípios limitadores do poder de tributar, bem como em primazia da igualdade.
Download or read book The Effects of Financial Crises on the Binding Force of Contracts Renegotiation Rescission or Revision written by Başak Başoğlu and published by Springer. This book was released on 2016-02-25 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is about one of the most controversial dilemmas of contract law: whether or not the unexpected change of circumstances due to the effects of financial crises may under certain conditions be taken into account. Growing interconnectedness of global economies facilitates the spread of the effects of the financial crises. Financial crises cause severe difficulties for persons to fulfill their contractual obligations. During the financial crises, performance of contractual obligations may become excessively onerous or may cause an excessive loss for one of the contracting parties and consequently destroy the contractual equilibrium and legitimate the governmental interventions. Uncomfortable economic climate leads to one of the most controversial dilemmas of the contract law: whether the binding force of the contract is absolute or not. In other words, unstable economic circumstances impose the need to devote special attention to review and perhaps to narrow the binding nature of a contract. Principle of good faith and fair dealing motivate a variety of theoretical bases in order to overcome the legal consequences of financial crises. In this book, all these theoretical bases are analyzed with special focus on the available remedies, namely renegotiation, rescission or revision and the circumstances which enables the revocation of these remedies. The book collects the 19 national reports and the general report originally presented in the session regarding the Effects of Financial Crises on the Binding Force of Contracts: Renegotiation, Rescission or Revision during the XIXth congress of the International Academy of Comparative Law, held in Vienna, July 2014.
Download or read book Corrupt Cities written by and published by World Bank Publications. This book was released on 2000 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: Much of the devastation caused by the recent earthquake in Turkey was the result of widespread corruption between the construction industry and government officials. Corruption is part of everyday public life and we tend to take it for granted. However, preventing corruption helps to raise city revenues, improve service delivery, stimulate public confidence and participation, and win elections. This book is designed to help citizens and public officials diagnose, investigate and prevent various kinds of corrupt and illicit behaviour. It focuses on systematic corruption rather than the free-lance activity of a few law-breakers, and emphasises practical preventive measures rather than purely punitive or moralistic campaigns.
Download or read book Patrons Clients and Policies written by Herbert Kitschelt and published by Cambridge University Press. This book was released on 2007-03-29 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: A study of patronage politics and the persistence of clientelism across a range of countries.
Download or read book The context of REDD in Mozambique Drivers agents and institutions written by Almeida Sitoe and published by CIFOR. This book was released on 2012-01-01 with total page 72 pages. Available in PDF, EPUB and Kindle. Book excerpt: This publication offers an overview of REDD+ strategy in Mozambique through a synthesis of the current knowledge about the causes of forest carbon changes, a review of the legal and institutional context, and a description of the current political process of REDD+. The objective of the study is to collate data and relevant information, and to offer a preliminary analysis of the fundamental aspects that can help promote efficiency, efficacy, and equity in REDD+ policy. Specifically, this study concludes that some of the major problems for REDD+ in Mozambique are the lack of data about deforestation and forest degradation, institutional weakness (regarding monitoring and propriety rights), and gaps in human and technical capacity to fulfil demands associated with REDD+. Therefore, efficient results will depend on the degree to which REDD+ policies are oriented toward real mitigation of the sources of forest carbon changes. In Mozambique, REDD+ policy tends to originate outside the timber sector. The cost-effectiveness of the results will depend on identifying and addressing the fundamental causes of forest carbon changes through more viable REDD+ policy options; government capacity to respond to REDD+ demands, especially at the sub-national level; the capacity of civil society and other institutions; and the strength of the institutional framework. The degree of success of equitable outcomes and the generation of co-benefits will depend on the inclusion and appropriateness of the processes at the national level; if those who support REDD+ costs are also being compensated; and on the general definition of carbon rights and environmental services.
Download or read book Library of Congress Catalog written by Library of Congress and published by . This book was released on 1965 with total page 670 pages. Available in PDF, EPUB and Kindle. Book excerpt: A cumulative list of works represented by Library of Congress printed cards.
Download or read book Library of Congress Catalogs written by Library of Congress and published by . This book was released on 1970 with total page 664 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Innovation and Transition in Law Experiences and Theoretical Settings written by and published by Dykinson. This book was released on with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This book features a discussion on the modernisation of law and legal change, focusing on the key concepts of innovation" and "transition". These concepts both appear to be relevant and poorly defined in contemporary legal science. A critical reflection on the heuristic value of these categories seems appropriate, particularly considering their dyadic value. While innovation is increasingly appearing in the present day as being the category in which one looks at the modernisation of law, the concept of transition also seems to be the privileged place of occurrence for such dynamics. This group of Italian and Brazilian scholars contributing to this volume intends to investigate such problems through an interdisciplinary prism. It includes points of view both internal to legal studies - such as the history of law, theory of law, constitutional law, private law and commercial law - and external, such as political philosophy and history of justice and political institutions.
Download or read book Combating Corruption in Latin America written by Joseph S. Tulchin and published by . This book was released on 2000-08-17 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: Shihata, and Laurence Whitehead.
Download or read book World Poverty and Human Rights written by Thomas W. Pogge and published by John Wiley & Sons. This book was released on 2023-02-10 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt: Some 2.5 billion human beings live in severe poverty, deprived of such essentials as adequate nutrition, safe drinking water, basic sanitation, adequate shelter, literacy, and basic health care. One third of all human deaths are from poverty-related causes: 18 million annually, including over 10 million children under five. However huge in human terms, the world poverty problem is tiny economically. Just 1 percent of the national incomes of the high-income countries would suffice to end severe poverty worldwide. Yet, these countries, unwilling to bear an opportunity cost of this magnitude, continue to impose a grievously unjust global institutional order that foreseeably and avoidably perpetuates the catastrophe. Most citizens of affluent countries believe that we are doing nothing wrong. Thomas Pogge seeks to explain how this belief is sustained. He analyses how our moral and economic theorizing and our global economic order have adapted to make us appear disconnected from massive poverty abroad. Dispelling the illusion, he also offers a modest, widely sharable standard of global economic justice and makes detailed, realistic proposals toward fulfilling it. Thoroughly updated, the second edition of this classic book incorporates responses to critics and a new chapter introducing Pogge's current work on pharmaceutical patent reform.
Download or read book International Relations written by Rainer Baumann and published by Edward Elgar Publishing. This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The history of international relations has been shaped by a sequence of 'Great Debates', in which leading scholars of the field advanced, challenged, and defended views about the assumptions that should inform the study of world politics. In this authoritative collection, the editors bring together for the first time the most important contributions to these inspiring intellectual exchanges and provide an excellent overview of the discipline's development since its inception in the early 20th century. Students and scholars in international relations as well as neighboring disciplines will find this title to be an indispensable and highly informative source of reference.
Download or read book The Laws of Robots written by Ugo Pagallo and published by Springer Science & Business Media. This book was released on 2013-05-16 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores how the design, construction, and use of robotics technology may affect today’s legal systems and, more particularly, matters of responsibility and agency in criminal law, contractual obligations, and torts. By distinguishing between the behaviour of robots as tools of human interaction, and robots as proper agents in the legal arena, jurists will have to address a new generation of “hard cases.” General disagreement may concern immunity in criminal law (e.g., the employment of robot soldiers in battle), personal accountability for certain robots in contracts (e.g., robo-traders), much as clauses of strict liability and negligence-based responsibility in extra-contractual obligations (e.g., service robots in tort law). Since robots are here to stay, the aim of the law should be to wisely govern our mutual relationships.
Download or read book Digital Objects Digital Subjects written by David Chandler and published by University of Westminster Press. This book was released on 2019-01-29 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume explores activism, research and critique in the age of digital subjects and objects and Big Data capitalism after a digital turn said to have radically transformed our political futures. Optimists assert that the ‘digital’ promises: new forms of community and ways of knowing and sensing, innovation, participatory culture, networked activism, and distributed democracy. Pessimists argue that digital technologies have extended domination via new forms of control, networked authoritarianism and exploitation, dehumanization and the surveillance society. Leading international scholars present varied interdisciplinary assessments of such claims – in theory and via dialogue – and of the digital’s impact on society and the potentials, pitfalls, limits and ideologies, of digital activism. They reflect on whether computational social science, digital humanities and ubiquitous datafication lead to digital positivism that threatens critical research or lead to new horizons in theory and society. An electronic version of this book is freely available, thanks to the support of libraries working with Knowledge Unlatched. KU is a collaborative initiative designed to make high quality books Open Access for the public good. More information about the initiative and details about KU’s Open Access programme can be found at www.knowledgeunlatched.org.
Download or read book Internet and Surveillance written by Christian Fuchs and published by Routledge. This book was released on 2013-06-17 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Internet has been transformed in the past years from a system primarily oriented on information provision into a medium for communication and community-building. The notion of “Web 2.0”, social software, and social networking sites such as Facebook, Twitter and MySpace have emerged in this context. With such platforms comes the massive provision and storage of personal data that are systematically evaluated, marketed, and used for targeting users with advertising. In a world of global economic competition, economic crisis, and fear of terrorism after 9/11, both corporations and state institutions have a growing interest in accessing this personal data. Here, contributors explore this changing landscape by addressing topics such as commercial data collection by advertising, consumer sites and interactive media; self-disclosure in the social web; surveillance of file-sharers; privacy in the age of the internet; civil watch-surveillance on social networking sites; and networked interactive surveillance in transnational space. This book is a result of a research action launched by the intergovernmental network COST (European Cooperation in Science and Technology).
Download or read book National Union Catalog written by and published by . This book was released on 1956 with total page 712 pages. Available in PDF, EPUB and Kindle. Book excerpt: Includes entries for maps and atlases.
Download or read book Quain s Elements of Anatomy written by Jones Quain and published by . This book was released on 1893 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Constitutional Faith written by Sanford Levinson and published by Princeton University Press. This book was released on 2011-09-11 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The book is intended to make clearer the ambiguities of "constitutional faith," i.e. wholehearted attachment to the Constitution as the center of one's (and ultimately the nation's) political life."--The introduction.
