Made available in DSpace on 2016-04-26T20:29:35Z (GMT). No. of bitstreams: 1 Monica Bonetti Couto.pdf: 2749130 bytes, checksum: b38f215b3649895dd342b51f451821e9 (MD5) Previous issue date: 2009-08-11 / The core of this work is to analyze the institute of the "general repercussion", brought into the Brazilian law system by the Constitutional Ammendment nº 45/2004, under the civil procedure law standpoint, and especially its effects on the Appeals to the Supreme Court (suitability, filing and processing). The objective is to depict the impact of the "general repercussion" into the Brazilian political-legal order, taking into account the crucial function of the Appeals to the Supreme Court, which watches over the Constitution. In order to accomplish this task, both historic and comparative data were used along with the study of foreign laws, which demonstrated to be a strong source to help understand the intitute. The origins and foundations of the Appeals to the Supreme Court were also scrutinized in order to achieve the explanation and the true need of mandatory filters - such as the "general repercussion" -, so that the Supreme Court can ultimately perform its proper functions / O objetivo central deste trabalho é o de analisar o instituto da repercussão geral, introduzido no sistema brasileiro pela Emenda Constitucional nº 45, de 2004, sob a ótica do direito processual civil, especialmente os seus reflexos no âmbito do recurso extraordinário (cabimento, interposição e processamento). Busca-se, neste passo, examinar o impacto da instituição da repercussão geral na ordem político-jurídica brasileira, em face da elevada função que compete ao recurso extraordinário, no âmbito do Supremo Tribunal Federal, guardião da Constituição. Procurando cumprir esta tarefa, servimo-nos de dados históricos e comparativos, com aporte de direito estrangeiro, fonte segura a auxiliar o intérprete na compreensão o novo instituto. Buscou-se no fundamento do recurso extraordinário a explicação e evidência da imperiosidade da instituição de filtros, como a repercussão geral, permitindo ao Supremo Tribunal Federal realizar a função que lhe compete

Esta dissertação é um estudo sobre a construção do relato jornalístico sobre os acontecimentos que compuseram o escândalo conhecido amplamente como Mensalão. O trabalho reúne amostragem de materiais publicados no site Observatório da Imprensa após a incidência da cobertura jornalística a respeito das investigações e julgamentos que marcaram o andamento dos procedimentos jurídicos oficiais relacionados às acusações. O objetivo da pesquisa é identificar as formas com as quais se faz a construção de uma agenda de crítica que fixa o relato já elaborado na cobertura primária, delineando personagens e seus traços para protagonizar e ilustrar os fatos jurídico-políticos relatados. Pode-se verificar que é bastante comum o uso de adjetivos, expressões e passagens de histórias de vida para caracterizar e reforçar a construção de personagens na prática de crítica de mídia. / This is a study on the building process of journalistic reporting about the events related to the Brazilian political scandal widely known as Mensalão. It\'s a research that combines sampling materials published in the Monitoring the Press (Observatório da Imprensa) website after the impact of media coverage regarding the investigations and trials that marked the progress of the official legal procedures related to the charges. The objective of the research is to identify the ways in which a critical agenda was built to set the stories already showed in primary coverage, delineating characters and their traits to illustrate the legal and political facts reported. It\'s possible to see that it is quite common to use adjectives, expressions and storytelling elements to stress some characters\' personalities in media criticism practice.

AMERICAN CONSTITUTIONAL LAW, Volumes I and II, combines cases, decisions, and authorial commentary to maximize your learning and understanding in this course. These comprehensive volumes cover the entire range of topics in constitutional law. Volume I examines the institutional aspects of constitutional law; Volume II deals with civil rights and liberties. Each of the chapters includes an introductory essay providing the legal, historical, political, and cultural context of Supreme Court jurisprudence in a particular area of constitutional interpretation. Each chapter also contains several boxed features (labeled "Case in Point" and "Sidebar") to provide additional perspective and context for the set of edited decisions from the United States Supreme Court cases that follow. In selecting, editing, and updating the materials, the authors emphasize recent trends in major areas of constitutional interpretation, as well as many landmark decisions, some of which retain importance as precedents while others illustrate the transient nature of constitutional interpretation. Because the book provides a good balance of decisions and authorial commentary, this text appeals to instructors of law as well as instructors of political science. / https://dc.etsu.edu/etsu_books/1021/thumbnail.jpg

This research provides a descriptive study of the use of social science research contained in reported decisions of the United States Supreme Court. The cases were selected from case abstracts contained in two U.S. Supreme Court digests. The author relied on the court reporter's arrangement of abstracts of case decisions (sorted by substantive areas of the law) to identify relevant cases presenting issues of parent -child and husband-wife relations. The following substantive areas were initially selected using this method: abortion, adultery and fornication, adoption, immigration, exclusion and deportation, bigamy, bastards, dower, death, domicil, divorce and separation, guardian and ward, homestead, husband and wife, incompetent persons, infants, kidnapping, indecency, lewdness and obscenity, marriage, privacy, poor and poor laws, torts, schools, social security and unemployment compensation, wills, workman's compensation, and zoning. Substantive areas receiving one or none citations of social science (in the summary tabulations) were excluded, leaving the parent-child areas of abortion, bastards, infants, obscenity, poor and poor laws, schools and social security. The above exclusion process left the husband-wife areas of adultery and fornication, bigamy, divorce and separation, husband and wife, and marriage. The entire text and footnotes were analyzed in the selected cases . The date of the decision, use or non-use of social science research, and the nature or discipline of the research were recorded and tabulated. The substantive caselaw of schools and obscenity were the substantive areas containing the most frequent citations of social science. The study revealed a general trend consistent with Christensen's (1964) model of family research development. Parent-child opinions revealed a general utilization rate of four per cent. The study revealed that history and economics, as social science disciplines, have been cited more frequently by the Supreme Court during the period analyzed than the social science disciplines of sociology and psychology.

Alguns casos de extradição julgados pelo STF possuem especial relevância por apreciarem a ocorrência dos crimes internacionais. Assim, o estudo dessas decisões mostra-se importante para que se possa averiguar o efetivo exercício do direito internacional penal, que regula o tratamento especial dado a estes crimes. A presente Tese tem por objetivo averiguar a incidência das normas de direito internacional penal nos julgamentos do STF de pedidos de extradição. Apresenta-se, ainda, o impacto que o entendimento firmado nesses casos tem surtido no julgamento de outras ações, inclusive por outras esferas do Poder Judiciário brasileiro. Também é possível realizar um comparativo com o quanto decidido no julgamento da ADPF nº 153, em que se reafirmou a validade da lei de anistia brasileira, que, por sua vez, extinguiu a punibilidade dos crimes internacionais cometidos durante o Regime Militar no Brasil. Por fim, a partir desses estudos, enfatiza-se a necessidades de dar efetiva aplicação ao direito internacional penal nos julgamentos realizados no âmbito do STF. / Some extradition cases trialed at Brazil Supreme Court of Justice show special relevance because they deal with international crimes. Therefore, the study of these judicial decisions is important so that it can be possible to verify the effectiveness of International Criminal Law, which regulates the special treatment given to those crimes. The present Thesis aims to examine the incidence of the rules and principles of international criminal law by Brazilian Supreme Court at extradition trials. It also presents the impacts of the understanding exposed in those trials on other cases and actions, subjected to other organs of Brazils Judiciary system. It is either possible to create a comparative between the jurisprudence of extradition cases and what has been decided at the ADPF nº 153, reaffirming Brazilian amnesty law, which has granted amnesty to international crimes committed during Brazils military regime. Finally, trough these reviews, it emphasizes the need to give real enforcement to international criminal law when Brazils Supreme Court analyzes extradition requests.

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This paper is a study on the effect of caste on bench assignments on the Indian Supreme Court. The objective was to determine whether the Chief Justices have historically assigned associate justices to benches based on their individual castes – Brahmin or Non-Brahmin – in order to tilt the bias of the Court in either an elitist (Brahmin) direction or a non-elitist (Non-Brahmin) direction. Based on a probability analysis of panel assignments, I created a new model to determine the extant of castebased judicial selection bias on the Indian Supreme Court. Using a random sample of cases from 1950 to 2000, a two-sample test of proportionality was employed to test whether any bias was present in the Chief Justice’s bench assignments. No caste bias was discovered in either the fifty-year period of the Court or in a smaller data set of cases between 1977 and 2000 (a period after the emergency between 1975 and 1977).

Recusal, or judicial disqualification, occurs when a judge abstains from a particular legal proceeding because of a personal conflict of interest. All levels of the judicial system and some administrative agencies in the United States apply the concept of recusal, but this study focuses on the United States Supreme Court. Title 28 of the United States Code provides standards (not obligatory by legal means) on when Supreme Court Justices should recuse themselves. But Supreme Court Justices are themselves the arbiters of their own recusal and often these substantive standards are not met. The method of study applied is theoretical, using both quantitative and qualitative data from past Supreme Court cases.

Culture plays a part in the construction of legal understandings in the Supreme Court contrary to much legal scholarship. The oral argument of the Supreme Court is a unique way for Justices to gather information beyond the formalized briefs and prior written opinions. In the oral argument the Supreme Court Justices utilize cultural codes as tools to probe, shape, negotiate and challenge the legal meanings and boundaries of the case before them. Using the oral argument transcript in a 2010 Supreme Court case on the issue of whether California has the right to censor the sale of violent video games to minors, this study attempts to understand the sociological processes behind constructing law. Findings show cultural codes being used by the Justices, in this legal context of an oral argument, to address the border disputes and help to establish the specific legal parameters of a case.

This study analyzes the role the Supreme Court of India has tried to carve for itself in the Indian political system. An introductory section describes institutional characteristics of the Court and assesses its troubled attempts to define a proper doctrine of judicial review. Subsequent sections discuss Court rulings concerned with the "right to property" and affirmative discrimination for Untouchables. It is shown that the Court garnered strong support among educated and propertied segments of the population for its defense of an independent adjudication of issues arising out of agrarian reform legislation. It is also shown that the Court was capable of imposing flexible and effective standards over affirmative discrimination, despite the incapacity of elected leaders to resolve inherent moral and political problems arising out of the identification of beneficiaries. These outcomes bring into question the tendency of existing research to ignore as inconsequential the role played by judicial institutions in rapidly developing societies. Examination of cases concerned with property rights reveals that the Court was faced with genuine affronts to its integrity as an institution. These affronts came in the form of constitutional amendments which would have enabled elected elites to bypass altogether judicial imposition of constitutional limitations. The Court's reaction to this threat radically departed from the passive role usually assigned by analysts to the courts in the Third World. Giving itself the unique power to reject amendments to the Constitution, the Court projected a militant ideological defense of its proper function. This study carefully analyzes the political setting which made such a defense possible. It is suggested that the Court achieved a temporary triumph precisely because of the growing incapacity of alternate institutions to process difficult social demands. This explanation for judicial assertiveness is reinforced in the decisions concerned with affirmative discrimination. The rise of Supreme Court dominance over standards governing policies in this area is traced to conceptual and practical difficulties which courts seem uniquely equipped to handle. It is shown that non-judicial institutions were utterly unprepared to resolve inherent conflicts between group and individual rights implicit within caste-based affirmative discrimination. The Court could "resolve" such conflicts by deliberate obfuscation of legal categories identifying beneficiaries. Not faced with the practical implementation of programs under its scrutiny, the Court was required only to devise a legal language which would satisfy the need to legitimize such programs while keeping them limited to the genuinely needy. Detailed examination of these policy conflicts shows that it is possible for judicial institutions to articulate and act upon their own prerogatives in a country undergoing instability and institutional decay. Comparable research for other countries is suggested in the conclusion.