A presente dissertação começa com a evolução histórica de dois importantes institutos jurídicos, a fidúcia e a propriedade, a partir das raízes romanas. Já no direito brasileiro analisamos o conceito de negócio fiduciário e figuras afins, então passamos a estudar o contrato de alienação fiduciária. Em seguida abordamos a propriedade fiduciária, sua evolução legislativa no direito pátrio, e seus desdobramentos envolvendo móveis e imóveis, onde estabelecemos o conceito, a natureza jurídica, seus elementos constitutivos, e as conseqüências de seu inadimplemento. Não olvidamos o aspecto processual e as questões controvertidas, como a falência, a recuperação judicial e o cabimento ou não da prisão civil, dentre outros. No decorrer deste trabalho procuramos analisar crítica e comparativamente as figuras afins ao instituto da propriedade fiduciária e estabelecer as similitudes e diferenças em cada sistema estudado, assim como individualizar estes institutos previstos no Código Civil de 2002 e na Lei n. 9.514/97. Enfim, nosso estudo não estaria completo sem pesquisar a fidúcia nos sistemas francês, italiano e anglo-americano. / This paper begins with the historical evolution of two important legal institutes, trust and ownership, since the Roman roots. However, in Brazilian law we analyze the concept of deed of trust and similar institutions, thus we will study the chattel mortgage agreement. Afterward, we will focus fiduciary ownership, its legal evolution in the Brazilian law, as well as, its divisions involving real and personal property, in which we set forth the concept, legal nature, its constitutive elements and the consequences arisen from its non-performance. We have not forgotten the procedural aspect and controversial issues as: bankruptcy, judicial recuperation and the acceptance or not of civil imprisonment, among others. During this work we tried to analyze both critically and comparatively, similar figures of the fiduciary ownership institute and establish the similarities and differences in each of the systems we studied, as well as individualize the institutes provided in the Civil Code of 2002 and in Act No. 9.514/97. Finally, our study would not be complete without researching trust in the French, Italian and Anglo-American systems.

A presente dissertação começa com a evolução histórica de dois importantes institutos jurídicos, a fidúcia e a propriedade, a partir das raízes romanas. Já no direito brasileiro analisamos o conceito de negócio fiduciário e figuras afins, então passamos a estudar o contrato de alienação fiduciária. Em seguida abordamos a propriedade fiduciária, sua evolução legislativa no direito pátrio, e seus desdobramentos envolvendo móveis e imóveis, onde estabelecemos o conceito, a natureza jurídica, seus elementos constitutivos, e as conseqüências de seu inadimplemento. Não olvidamos o aspecto processual e as questões controvertidas, como a falência, a recuperação judicial e o cabimento ou não da prisão civil, dentre outros. No decorrer deste trabalho procuramos analisar crítica e comparativamente as figuras afins ao instituto da propriedade fiduciária e estabelecer as similitudes e diferenças em cada sistema estudado, assim como individualizar estes institutos previstos no Código Civil de 2002 e na Lei n. 9.514/97. Enfim, nosso estudo não estaria completo sem pesquisar a fidúcia nos sistemas francês, italiano e anglo-americano. / This paper begins with the historical evolution of two important legal institutes, trust and ownership, since the Roman roots. However, in Brazilian law we analyze the concept of deed of trust and similar institutions, thus we will study the chattel mortgage agreement. Afterward, we will focus fiduciary ownership, its legal evolution in the Brazilian law, as well as, its divisions involving real and personal property, in which we set forth the concept, legal nature, its constitutive elements and the consequences arisen from its non-performance. We have not forgotten the procedural aspect and controversial issues as: bankruptcy, judicial recuperation and the acceptance or not of civil imprisonment, among others. During this work we tried to analyze both critically and comparatively, similar figures of the fiduciary ownership institute and establish the similarities and differences in each of the systems we studied, as well as individualize the institutes provided in the Civil Code of 2002 and in Act No. 9.514/97. Finally, our study would not be complete without researching trust in the French, Italian and Anglo-American systems.

Text in Afrikaans / In this dissertation the legal position with regard to children as victims of sexual crimes is examined in South Africa, England, Canada, Australia and New Zealand. Sexual crimes with children are a serious and widespread international problem. The purpose of this study is to identify deficiencies / gaps in the South African law. Children are not only the victims of the sexual crimes, but they are exposed to further trauma whilst giving evidence. Their best interests are also often not taken into proper consideration during the sentencing phase. In is in the interest of justice that children=s interests must be taken into account the whole time. In terms of international conventions and charters State parties are required to protect children against all forms of discrimination, violence, abuse and exploitation. Children may not be exposed to any sexual crimes, because these activities violate their right to bodily (and psychological) integrity, human dignity and privacy. In order to acknowledge the importance of children=s best interest, priority must be given to all cases in which children are the victims and their unique characteristics, age and development must be taken into consideration. This will ensure that they are not further victimized during the trial. Deficiencies in the Criminal Law are addressed by proposing new definitions, for instance for rape and incest. Shortcomings in the Procedural Law are identified and recommendations are made especially with regard to the alternative measures by which children can testify. Guidelines are also suggested for admissible cross-examination. New sentencing options are recommended and possible aggravating circumstances which ought to play a role during the consideration of a suitable and just sentence for sexual crimes with children are suggested. / Criminal & Procedural Law / LL.D.

Text in Afrikaans / In this dissertation the legal position with regard to children as victims of sexual crimes is examined in South Africa, England, Canada, Australia and New Zealand. Sexual crimes with children are a serious and widespread international problem. The purpose of this study is to identify deficiencies / gaps in the South African law. Children are not only the victims of the sexual crimes, but they are exposed to further trauma whilst giving evidence. Their best interests are also often not taken into proper consideration during the sentencing phase. In is in the interest of justice that children=s interests must be taken into account the whole time. In terms of international conventions and charters State parties are required to protect children against all forms of discrimination, violence, abuse and exploitation. Children may not be exposed to any sexual crimes, because these activities violate their right to bodily (and psychological) integrity, human dignity and privacy. In order to acknowledge the importance of children=s best interest, priority must be given to all cases in which children are the victims and their unique characteristics, age and development must be taken into consideration. This will ensure that they are not further victimized during the trial. Deficiencies in the Criminal Law are addressed by proposing new definitions, for instance for rape and incest. Shortcomings in the Procedural Law are identified and recommendations are made especially with regard to the alternative measures by which children can testify. Guidelines are also suggested for admissible cross-examination. New sentencing options are recommended and possible aggravating circumstances which ought to play a role during the consideration of a suitable and just sentence for sexual crimes with children are suggested. / Criminal and Procedural Law / LL.D.