Liberdade e a lei (Portuguese Edition)


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Juvenile delinquents -- Brazil. Notes Includes bibliographical references p. View online Borrow Buy Freely available Show 0 more links None of your libraries hold this item. Found at these bookshops Searching - please wait We were unable to find this edition in any bookshop we are able to search. These online bookshops told us they have this item:. Tags What are tags? Add a tag. Public Private login e.

Add a tag Cancel Be the first to add a tag for this edition. Lists What are lists? Login to add to list. Be the first to add this to a list. It is unclear the relationship between these amendments and the dramatic situation of the Portuguese Courts. Portuguese judiciary is usually and consistently considered to be quite inefficient, both by public opinion, legal professionals, stakeholders and international organizations [6]. A clear evidence of such inefficiency is the length of cases in Portuguese Courts: the average time of enforcement proceedings was 32 months in and increased to 43 months in , whereas for civil proceedings the average time of a case was 28 months in and decreased to 20 months in Criminal justice is in no better shape: a criminal case is expected to end after 10 months — this statistics are from the first instance only: no appeals are considered [7].

This revolution put an end to the authoritarian dictatorship of the Estado Novo, which had risen with the approval of the Constitution of It has undergone seven amendments in , , , , , and With articles, it is one of the longest Constitutions in the World. It is the sixth Constitution in the Portuguese history and the third Republican one. The Constitution establishes a democratic republican form of government under the rule of law and a comprehensive system of fundamental rights and freedoms.

Initially very strongly socialist-oriented, later amendments to the Constitution made it more liberal.

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The Portuguese Constitution is further open to international law and committed to the European Union objectives. The President of the Republic, the Assembly of the Republic, the Government and the Courts are the bodies which exercise sovereign power. The fashion by which the Constitution shapes the inter-relations among these bodies results in a semi-presidential regime.

The President of the Republic is elected for five years by the universal, direct, secret suffrage of all Portuguese citizens. Its competences are essentially political. Members are elected for plurinominal constituencies geographically defined by law in proportion to the number of citizens registered to vote therein.

Each legislature lasts for four legislative sessions. The Assembly of the Republic has political, legislative and oversight competences, as well as the competence to amend the Constitution.

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The President of the Republic appoints the Prime Minister after consulting the parties with seats in Assembly of the Republic and in the light of the electoral results for such Assembly. The remaining members of the Government are appointed by the President of the Republic upon a proposal from the Prime Minister. The Government has broad political, legislative and administrative competences. These comprise regulatory decrees, regulations, decrees, regional regulatory decrees, decisions, rules, ministerial orders, executive rulings, and municipal orders and regulations [8].

The backbone of the Portuguese substantive law is the Portuguese Civil Code. This is especially true for Private law, but, to some extent, that is the case of Public law as well.

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Most of the basic legal concepts upon which the system is build are laid there. Such is the case of the enumeration of the sources of law: articles 1 to 5 are dedicated to this subject. The system gives clear supremacy to the law, defined in clear and narrow terms: law is a generic rule enacted by any organ with legislative powers. In brief, law in this sense, may be designated as legislation. Courts decisions are not a source of law. The one clear exception is the case of the decisions of the Constitutional Court. The custom is not an immediate source of law.

Liberdade e a lei

It is only accepted as an ancillary source and only when legislation itself admits it. Equity may only be used when the legislation so determines. Legal interpretation aims to clarify the range of the factual situations and of the consequences included. Legal interpretation uses several elements. The first is the literal or grammatical element, i. The second element is the systematic element, i. The third element is the teleological one, which is used to correct the results of the application of the previous elements in light of the aims and goals of the rule and of its very existence.

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There is a fourth element, the historical, that places the law in the context of the moment when it was written, through the readings of any ancillary or preparatory materials [10]. Diagram 1 - Legal hermeneutics. Legal interpretation is also used to answer legal omissions.

The result is that legal interpretation may be analogical or extensive. The first happens when a general rule is applied to a similar uncovered factual situation and the second when a special rule is applied to a similar uncovered factual situation. Some rules however, such as some criminal rules, must be subject of restrictive interpretation, thus preventing the two previously described situations. Analogical and extensive interpretation deal with three concepts: legal omission, generic rule and special rule.

Legal omission happens when the law does not foresee a given factual situation. In such a situation, the interpreter may search for a general rule with a similar factual description and apply it analogically. General rules, however, may be limited in scope by a special rule, i.

In such case, if the facts are closer to the description in this special rule, then the interpreter may apply the special rule by extensive interpretation. Advertising of audiotext services. Broadcasting Law Access to and pursuit of the radio broadcasting activity on national territory. Law on the protection of personal data. Parliament Channel via digital terrestrial television. Processing of personal data and the protection of privacy in the electronic communications sector.

Liberdade, Liberdade - Wikipedia

Regime of simplified free access and exercise of service activities within the national territory. Strategic guidelines for the development and promotion of investment on next generation networks. Postal Law. Regulation of the public postal service. Statute of the postage stamp. Anti-Drug Legislation.


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Liberdade e a lei (Portuguese Edition) Liberdade e a lei (Portuguese Edition)
Liberdade e a lei (Portuguese Edition) Liberdade e a lei (Portuguese Edition)
Liberdade e a lei (Portuguese Edition) Liberdade e a lei (Portuguese Edition)
Liberdade e a lei (Portuguese Edition) Liberdade e a lei (Portuguese Edition)
Liberdade e a lei (Portuguese Edition) Liberdade e a lei (Portuguese Edition)
Liberdade e a lei (Portuguese Edition) Liberdade e a lei (Portuguese Edition)
Liberdade e a lei (Portuguese Edition) Liberdade e a lei (Portuguese Edition)

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