Made available in DSpace on 2016-04-26T20:23:40Z (GMT). No. of bitstreams: 1 Regiane Martins dos Santos.pdf: 1085712 bytes, checksum: c4fd27b8db162fc59d3bf9f0b258553e (MD5) Previous issue date: 2015-04-10 / The present task has the intention to present, analytically, the existing urgent measures in the Brazilian law, highlighting its use under appellate level. Begins with the conceptualization of the precautionary measure institutes, with the anticipation of the legal protection and the injunctions, going by the analysis of its peculiarities, distinctions and similarities. Then, the characteristics features of each guardianship analyzed in this study, highlighting its requirements and entering slowly in its peculiarities. Subsequently, the study addresses the filing of such measures on appellate headquarters, presenting the general theory of resources for, then, treat more specifically the use of the emergency measures also in this procedural sphere. Still, the peculiarities surrounding the new system of emergency measures under the new Code of Civil Procedure project are highlighted. Finally, the conclusions of the study are brought, presenting the corollary of the analysis and showing the most notable similarities and differences about the displayed topic / O presente trabalho tem o intuito de apresentar, de forma analítica, as medidas de urgência existentes no ordenamento jurídico brasileiro, destacando sua utilização no âmbito recursal. Inicia-se pela conceituação dos institutos da medida cautelar, da antecipação de tutela e das liminares, passando-se à análise de suas peculiaridades, distinções e semelhanças. Em seguida, são apresentados os traços característicos de cada uma das tutelas analisadas neste estudo, destacando seus requisitos e adentrando com mais vagar em suas particularidades. Posteriormente, o estudo aborda a interposição de tais medidas em sede recursal, apresentando a teoria geral dos recursos para, em seguida, tratar mais especificamente da utilização das medidas de urgência também nesta esfera processual. Ainda, são destacadas as peculiaridades que cercam a nova sistemática das medidas de urgência no âmbito do projeto do novo código de processo civil. Por fim, são trazidas as conclusões do estudo, apresentando o corolário da análise realizada e demonstrando as semelhanças e divergências mais notórias observadas a respeito do tema exibido

Devant le manque de ressources économiques et la pauvreté, les « OGM » apparaissent comme un outil visant à contribuer à la croissance économique et alimentaire, notamment dans les pays en voie de développement et sous-développés. Cependant, nous devons nous pencher sur un sujet tout aussi fondamental, à savoir la protection juridique, accordée par la législation tant nationale qu’internationale en lien avec les « connaissances traditionnelles » quand elles sont aux prises avec l’utilisation des OGM. Connaître cette interaction et évaluer ses effets sur la culture est un sujet d’une ampleur considérable à l’heure actuelle, principalement lorsque l’on considère les « savoirs locaux » comme des éléments fondamentaux pour la conservation de la « biodiversité » et le « développement durable ». / Given the lack of economic resources and poverty, « GMOs » would appear to be a useful tool contributing to economic growth and food production, particularly in developing and underdeveloped countries. However, there is an equally important corollary issue we must address, namely the legal protection afforded by legislation both nationally and internationally, to « traditional knowledge » when they are faced with the use of GMOs. Understanding this interaction and its impact on culture is a significant issue at present, especially when one considers the importance of «local knowledge » as an element for the preservation of « biodiversity » and « sustainable development ».

Text in Afrikaans / In hierdie ondersoek is navorsing gedoen oor die Romeinse huweliksverhouding ten einde vas te stel of die klassieke Romeinse reg die Romeinse vrou se huweliksverhouding beskerm het indien dit deur haar man se wangedrag geskend is. Die navorsing het getoon dat, soos in die Suid-Afrikaanse reg, die Romeinse huweliksverhouding teen die klassieke tydperk 'n consortium omnis vitae met veral morele huwelikspligte was en dat die nie-nakoming van hierdie pligte op wangedrag en skending van die huweliksverhouding neergekom het. Daar is tot die gevolgtrekking gekom dat, soos in die moderne reg, ook die Romeinse man die huweliksverhouding kon skend deur wangedrag, beperkte vorme van seksuele wangedrag, iniuria en bigamie. Die klassieke Romeinse reg het egter nie aan die Romeinse vrou direkte regsbeskerming verleen by die man se skending van die huweliksverhouding deur wangedrag nie. Sy het egter wel indirekte regsbeskerming in die vorm van toevlugof afskrikmiddels (soos egskeiding en die dos) geniet. / In this study research has been done on the Roman marital relationship in order to determine whether classical Roman law protected the Roman wife's marital relationship if it had been breached by her husband's misconduct. Research has shown that by the classical period, as in South African law, the Roman marital relationship was a consortium omnis vitae with primarily moral marital duties. Non-compliance with these duties amounted to misconduct and breach of the marital relationship. It was concluded that, as in modern law, the Roman husband too could be in breach of his marital relationship through misconduct, limited forms of sexual misconduct, iniuria and bigamy. However, classical Roman law did not grant the Roman wife any direct legal protection where her husband was in breach of the marital relationship because of misconduct. She nevertheless enjoyed indirect legal protection in the form of deterrents (such as divorce and the dos). / Law / LL.M.

This thesis starts by describing the legal foundation of religious liberty in the United States and the evolvement of the religion clause jurisprudence. Then follows an outline of the main legal theories on religious liberty. It continues to describe a case study conducted on how Americans citizens perceive the protection of their religious liberty. Upon this there is a chapter where the detailed findings from the case study are described in juxtaposition to the relevant jurisprudence and how this can be applied to the overall legal framework protecting religious liberty.  The final chapter is a discussion on what conclusions that can be drawn.

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The aim of this diploma thesis is to describe the role of the Children´s socio-legal protection authority in dealing with risk behavior of children and youth and to analyze methods and instruments used by this authority to maximize the effectiveness of interventions, which should eliminate the risk behavior of children that negatively influences their personality development. The thesis also mentions the legislative regulation, which represents the base for socio-legal protection. In the theoretical part personality factors as well as impacts of family, school and social surroundings, which contribute to the creation and continuation of risk behavior, are analyzed. The thesis then focuses on the problem of truancy, which belongs to types of risk behavior. In the practical part the thesis presents, what curators for children and youth claim about their cooperation with schools in solving children's truancy during compulsory school attendance, which family and school factors they find risky and whether they consider current legal and methodical setting to be sufficient. At the end, the thesis deduces from results implications and recommendations for education staff in schools, i.e. class teachers, workers in education counselling and school directors, to prevent (or at least to minimize) truancy and emphasizes the possibility to cooperate with authorities of children´s socio-legal protection, which can be established already, when the first signals of absenteeism occur or in case of other educational problems, mainly poor interaction with children's parents.

My work analyses the legislation changes in the area of social and legal protection of children in the Czech Republic that have been introduced over the last two years. This work focuses on impacts of these changes in the practice of transferring children to substitute care as well as ethical aspects directly connected with this process. Laws impacting the social and legal protection of children are being compared in order to understand the legal rights of children. The consequences of the legislative changes have a direct effect on the processes of handing children to substitute care. The work is not only concerned with the practical impacts, but also with the ethical side of the problem which was identified as the most important in my thesis. Case reports from my own practice provide a complementary evidence to the reader to better understand the process of placement of children into substitute care both at professional and ethical levels.

The thesis looks at issues regarding the life of children growing up in children's homes. Theoretical part focuses on child, family, its functions and behavioural disorders in family that often result in violence against children and may lead to institutional childcare. The section regarding behavioural disorders in family is followed by a description of specific aspects of social and legal protection of children. Solutions and possibilities provided by State or other organizations for at-risk children are described. There is also a description of substitute care institutions. Finally, the most frequent reasons for placement of children in children's homes are listed, including risks that may result from leaving such institutions. Practical part of the thesis looks at young people growing up in children's homes. Children´s life in such institutions was mapped using qualitative research. The main objective was to answer to the research questions in order to get a better understanding of issues regarding children placed in children's homes.

In my diploma work I concentrated on various forms of work with foster-families focused on prevention, consultancy and special help. Regional authorities are obliged to arrange them as a part of so-called consultations on foster care practice according to para. 4 of section 11 of Act No.359/1999 Coll. on Social and Legal protection of children. I tried to map the way the particular regional authorities fill this paragraph. In more detail I attended to activity of south-bohemian regional authority in this field. In terms of the research I found that the importance of foster-families meetings consists in experience exchange, feeling of sharing and gaining new information. From that point of view more days meetings are the most popular with both fosterers and social workers when there is more time for it.

The diploma thesis deals with the impact of family conflicts on the child from the viewpoint of social work. The thesis is divided into two parts, i.e. theoretical and practical. The theoretical part consists of three main chapters. The first chapter generally defines the family and its context. The second chapter is a fundamental one dealing with conflict in general, family conflict as such, the consequences of unresolved family conflicts, as well as methods and approaches to family conflict resolution, including family counselling and family therapy. The chapter also includes an approach of a social worker to a family where a conflict occurs or where a child is being neglected. The third chapter complements the two previous ones, briefly discusses the family in divorce, especially the role of a social worker in divorce proceedings. Furthermore, the development of the divorce rate in the Czech Republic and its family policy. The practical part deals with research focusing on experiences and views of social workers in the area of the social and legal protection of children. The research is directly related to the theoretical part of the thesis as the topic is the impact of family conflicts on the child. A quantitative method was used to carry out the research where the data collection technique was...