Family Law in Actuality - Plus Jurisprudence in key subjects
Nelson Sussumu Shikicima
1st edition - 2005
Through this literary summary, the author brings didactic explanations and practice on family law in the current Civil Code and makes some comparisons with the Code of 1916 , which also includes a repertoire of precedents and current jurisprudence on the most controversial issues .
The author's intent in this work was to facilitate the theoretical and practical study , clarifying doubts about the matter, clearly and precisely , both for scholars of law , as to the legal professionals , looking through practical cases resolve the matter addressed. This work is widely recommended for candidates participating in public tenders and bar exams .
This work is not an invitation to doctrinal ramblings , but is a quick reference manual , suitable for use in day - to - day for all law enforcement officers .
Manual of Constitutional Law , Economic and Tax - Learning Objectives for Courses and Contests
Volúsia Aparecida Sales
1st edition - 2005
Through this book the author tries to clarify some of the most controversial constitutional provisions against the importance of the discipline of constitutional law , required in the performance of any activity of legal science , clarifying doubts , both for undergraduate students and for those interested in participating in Public Procurement , bar exams , MEC and other types of evidence .
His intention in outlining many of his articles from the Preamble to the Transitional Provisions Act , was to bring the essentials of the Department of Constitutional Law , Economic and Tax in teaching language learning points , since its interpretation is fundamental matters mainly , the professional law .
Being strictly didactic purpose , brings in brief summaries , articles and various constitutional provisions especially regarding the most recent updates to some of its devices ( Constitutional Amendment No. 45 of 8 December 2004 ) .
Public-Private Partnerships - Comments on the Brazilian Law
José Eduardo Alvarenga
1st edition - 2005
Under the influence of international economic agencies , Brazil adopted public-private partnerships , which supposedly aim to reduce budget expenditures for public sector investments . Even because, despite the unbearable tax burden, Brazil does not have funds to invest .
This is a forced change of direction in the Brazilian public economy. But what has been practiced in most cases , is the investment of public money - usually obtained through loans - in any project or work , and after all is done , transfer what is profitable to private initiative , to be explored and paid directly by the users . Among them , the State itself .
The speech , a byproduct of new public management (Bresser -Pereira , 1999) in the 90s , touts that investors carry out public works projects at its own expense and will be compensated with the operation of services arising . By examining the law , what is happening is offering a great deal : private investment can vary between 30 % ( thirty percent ) and 10 % ( ten per cent) of a contract that can last up to 35 years. Despite this, as in all times who tried to submit the State and public assets to the rules of private law , the path will not be easy .
This paper discusses the legal aspects of the new law and proposes its benefits and weaknesses , especially in light of the Constitution and applicable pre - existing legislation . Far from being an invitation to the doctrinal ramblings , is a quick reference guide for law enforcement officers at all levels .
Handbook of Law, Health Supplements - The Private Initiative and Health Plans
ISBN : 85-98836 - 01-X
José Luiz Toro da Silva
1st edition - 2005
This study purports to from the study of state involvement in health care , discuss the constitutional role assigned to the free initiative and the existence of a Law Health Insurance, supplemental health, in some countries , the background Law 9.656/98 , the role of the regulator in this sector , operators of private plans for health care ( medical or dental ) , functional requirements of operators , contract medical or dental care , the responsibility of the leaders , the subsidiary application of the Consumer Protection Code , the Civil Code , the Statute of the Elderly and Children and Adolescents , the guarantees provided to the unemployed and retirees and compensation for SUS provided in this novel legislation.
The private insurance plans and health care , although held by the private sector , are subordinated to the decisions of the government in order to characterize them as activities of public relevance , according to the article . 197 of the Federal Constitution , despite their complementary nature, since the primary obligation to ensure the right to health , is the rule .
It is true intervention direction, as noted Eros Roberto Grau, because the state , through the Law 9.656/98 , now regulates all activity operators of private insurance plans and health care . It appears that this law was not limited to discipline that consumers have signed contract with carriers , but covers, from the constitution of the aforesaid companies , establishing requirements for their operation , minimum capital , guarantees and technical reserves , attributes and responsibilities their administrators, even the requirements of contracts with those who actually provide the services of health care , from companies to be subject to various forms of assistance , by forwarding information and statistical and financial data , until the enactment of your tax technical direction / or its receivership.
The contract for medical or dental care is true standard contractual dirigisme . ANS - National Agency of Supplemental Health has quasi-legislative and quasi judicial powers .
These, then , the issues that we are bringing to the discussion in this study.