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Law, Reason and Emotion
Volume III: Working Groups
The Unwritten Brazilian Constitution
The Unwritten Brazilian Constitution offers an unexplored topic outside Portuguese language: the leading cases on human rights in the Brazilian Supreme Court (Supremo Tribunal Federal – STF). The Brazilian Constitution of 1988 represents an institutional framework able to restructure the relationship between the powers after the military dictatorship. The constituents drafted the Brazilian Constitution in order to set an extensive system of judicial protection for fundamental rights, by means of several instruments that have strengthened access to the Judiciary. Because the Brazilian Constitution has an extensive list of fundamental rights, the STF was called to interpret them several times and it developed an unwritten understanding of these fundamental rights. These decisions are not available to the international community since they are not translated to English. Based on this gap, this original book illustrates the main rulings on human rights analyzed by great scholars in Brazil. The text presents a deep discussion regarding the characteristics of the cases and demonstrates how the STF has built the legal arguments to interpret the extension of the fundamental rights.
Philosophy of Latin America
This volume contains articles on topics within a variety of disciplines: political philosophy, ethics, history of philosophy, formal logic, philosophy of science and technology, as well as philosophical interpretation of literature. It is relevant to philosophers and researchers in these disciplines. It addresses the question of a genuine Latin American local, national and continental cultural identity being a challenge to philosophy.
M & A
The essentials of mergers and acquisitions (M&A) practice can best be examined from a buyer's perspective. In a corporate transaction, it is the buyer who typically faces the more substantial risks. In many instances, legal problems exist of which the buyer must be aware before deciding to purchase the target company. The ongoing internationalization of the M&A market must also be taken into consideration. The integration of foreign concepts into local legal systems not only leads to a multitude of new questions, it also creates a challenge for any lawyer practicing in this area. Clients expect their professional advisors to handle legal problems likely to arise abroad and to communicate and...
Money Laundering Through Art
The art world has been discovered by criminals as an effective way for money laundering and other clandestine activities on an international level. Unfortunately, in most countries investigators, prosecutors, judges, and regulatory agencies are not equipped to accurately detect, investigate and prosecute this type of criminal activity. Also, regulation and international laws and treaties involving the art world have many loopholes that can potentially lead to the laundering of large sums of money. This book provides a bird’s eye view of novel ways in which money laundering happens through illegal activities involving art. It can serve as a guide for law enforcement, prosecutors, judges, and others involved in efforts to curb money laundering and financing of terrorism, revealing why somehow new techniques used by criminals have been neglected by law enforcement in most countries. Drawing from his own experience with the matter in both Brazil and in the United States, the author makes a case for broader institutional and regulatory improvement, extending beyond mere regulation of the art market.
Developing Models in Science Education
Models and modelling play a central role in the nature of science, in its conduct, in the accreditation and dissemination of its outcomes, as well as forming a bridge to technology. They therefore have an important place in both the formal and informal science education provision made for people of all ages. This book is a product of five years collaborative work by eighteen researchers from four countries. It addresses four key issues: the roles of models in science and their implications for science education; the place of models in curricula for major science subjects; the ways that models can be presented to, are learned about, and can be produced by, individuals; the implications of all these for research and for science teacher education. The work draws on insights from the history and philosophy of science, cognitive psychology, sociology, linguistics, and classroom research, to establish what may be done and what is done. The book will be of interest to researchers in science education and to those taking courses of advanced study throughout the world.
Football, Gambling, and Money Laundering
Professional football means many things to many people. For players, a means to possible fame and fortune. For fans, a source of local or national pride, and perhaps the chance to score with a few bets. For criminal organizations, a cover for making millions in corrupt enterprises. In the world of gambling this is no different. Football, Gambling, and Money Laundering describes in impressive detail the scope of the problem, the layers of denial that allow sports-related financial crime to flourish, and the steps that are being taken--and that need to be taken--to combat illicit operations in the sports world. Expert analysis explains criminal activity in the context of football, and how spor...
Globalization of contractual law
This book adopts the proposition that it is possible to the customs to be sources of contractual obligations. To support that premise, it was necessary to seek jurisprudential (arbitration and litigation) and comparative basis. Even more, due to contract law internationalization, customary international sources should be subject of domestic treatment, as they provide contractual obligations as well as they work as contractual interpretation tool. However, one can´t neglect the need to control the customary content. In detailed terms, then, we can say that the role reserved for the custom as contractual law rules source has always been residual in Brazilian law. Accompanying the modern Europ...
The Rhetoric of the Human Condition and the Paradox of the Criminal Sentence
A reflection on the limits of the construction of judicial decisions from the Edenic Myth Having as its central element the rhetorical analysis of the Edenic myth (Gen. 2 and 3), this dissertation addresses the strength that such narrative has had to forge, both in the West and in the East, a behavior of submission and passivity in the face of authorities that place themselves in the power. It sees, however, also present in the text, an invitation to abstain from the practice of judgments of moral behavior (ignoring good and evil), which is presented as a task of God and not of men. These, according to the author, when they set out to pronounce sentences in relation to their peers, end up expressing prejudices, which are established in society through mechanisms of symbolic violence. At the end, the author, faced with the practical and immediate impossibility of a way of social coexistence without the structures of power and control, among which the judiciary stands out, inviting us to adopt a humbler and fraternal posture when the moment of the decision, with the aim of mitigating the effects of the potential and actual brutality that the sentences tend to carry out.
