Este trabalho tem o objetivo de analisar a emergência de novos partidos políticos no Brasil entre 1979 e 2015 visando a compreender se o arcabouço legal é suficiente para explicar este fenômeno. Com base na literatura de Ciência política, estudamos a formação de novas organizações partidárias na Nova Democracia a partir de três dimensões: aspecto político, contexto socioeconômico e arcabouço legal. A pesquisa está dividida em quatro capítulos: sendo que o primeiro consiste em uma revisão da literatura sobre novos partidos e o segundo é destinado às considerações metodológicas que orientaram o trabalho. O terceiro capítulo analisa o surgimento de novos partidos no Brasil sob a ótica do contexto político, do aspecto socioeconômico e do arcabouço legal de acordo com os cenários dos seis períodos históricos recortados: 1979 a 1984, 1985 a 1989, 1990 a 1994, 1995 a 2002, 2003 a 2010 e 2011 a 2015. Dentro de cada um destes períodos, as variáveis foram classificadas como incentivadoras ou inibidoras em relação à criação de novos partidos. Por fim, o último capítulo é dedicado a responder ao problema de pesquisa, articulando as análises dos períodos de forma comparada. Os resultados encontrados confirmaram a hipótese de que um arcabouço legal é necessário para compreender o surgimento de novas organizações partidárias, mas não é suficiente para explicar este fenômeno, que é complexo e multicausal. / This paper aims to analyze the new political parties’ emergence in Brazil between 1979 and 2015 in order to understand if the legal framework is sufficient to explain this phenomenon. Based on the Political Science literature, the formation of new parties is studied from three variables: political, socioeconomic and legal framework. This research is divided in four chapters: the first consists in a literature review about new parties’ formation and the second is dedicated to the methodological considerations that guided this study. The third chapter analyses the new political parties’ emergence in Brazil considering political, socioeconomic and legal aspects according to the scenarios of the six historical periods determined: 1979 to 1984, 1985 to 1989, 1990 to 1994, 1995 to 2002, 2003 to 2010 and 2011 to 2015. For each period, the variables were classified as encourager or inhibitor of new parties’ formation. The last chapter articulates the analysis of the periods in a comparative perspective. The results confirmed the hypothesis: the legal framework is required to understand new parties’ formation, even though it is not enough to explain this phenomenon, which is complex and multifactorial.

This thesis addresses the question of how data protection law should respond to the challenges arising from the ever-increasing prevalence of big data. The investigation is conducted with the case study of online behavioural advertising (OBA) and within the EU data protection legal framework, especially the General Data Protection Regulation (GDPR). It is argued that data protection law should respond to the big data challenges by leveraging the regulatory options that are either already in place in the current legal regime or potentially available to policymakers. With the highly complex, powerful and opaque OBA network, in both technical and economic terms, the use of big data may pose fundamental threats to certain individualistic, collective or societal values. Despite a limited number of economic benefits such as free access to online services and the growth of the digital market, the latent risks of OBA call for an effective regulatory regime on big data. While the EU's GDPR represents the latest and most comprehensive legal framework regulating the use of personal data, it has still fallen short on certain important aspects. The regulatory model characterised by individualised consent and the necessity test remains insufficient in fully protecting data subjects as autonomous persons, consumers and citizens in the context of OBA. There is thus a pressing need for policymakers to review their regulatory toolbox in the light of the potential threats. On the one hand, it is necessary to reconsider the possibilities to blacklist or whitelist certain data uses with mechanisms that are either in place in the legal framework or can be introduced additionally. On the other hand, it is also necessary to realise the full range of policy options that can be adopted to assist individuals in making informed decisions in the age of big data.

De la volonté des parties de s’accorder sur les éléments essentiels d’un contrat, naît tout un processus contractuel qui se traduit par la création d’obligations, éléments susceptibles d’être à l’origine d’un désaccord. Dès lors qu’un juge est saisi d’un litige, les opérations d’interprétation et de qualification du contrat litigieux auxquelles il se consacre se définissent par une double fonction. Dans un premier temps, l’interprétation du contenu du contrat permet au juge de repérer les éléments de fait qui ont été déterminants de la volonté des parties de contracter. Dans un second temps, une fois déterminés, ces éléments qui sont porteurs du sens du contrat, vont permettre au juge d’apporter, une solution au désaccord qui oppose les parties. Or, la solution ne trouvera son efficacité que si le juge applique aux éléments de fait qu’il a identifiés le droit approprié ; il faut pour cela qualifier le fait au sens où la qualification, consiste à déterminer la catégorie dans laquelle s’inscrit le contrat, afin de lui appliquer le régime juridique qui lui correspond. Elle est en cela le préalable à l’application d’une règle juridique. Opération intellectuelle, la qualification fait ainsi office de charnière entre les deux fonctions attachée à l’opération d’interprétation que sont l’interprétation des données de fait et la solution apportée par le juge sur le contenu contractuel litigieux. / A contractual process begins with the intention of the parties to agree on the essential elements of a contract. This process which results in the creation of obligations, may be the cause of a disagreement. When a judge has to rule on a contractual dispute, the processes of interpretation and characterization of the contract which he has to perform have a double function. First, the interpretation of the contents of the contract allows the judge to identify the factual elements which are evidence of the intention of the parties to enter into a contract. Secondly, once identified, these elements which contain the meaning of the contract, will allow the judge to find a solution to the disagreement between the parties. However, this solution will only be efficient if the judge applies the appropriate law to the facts which he has identified. To do so, the judge will have to characterize the contract, which consists in determining the category in which the contract falls in order to apply the relevant legal framework. Thus, characterization is a prerequisite to the application of a legal provision. The intellectual process of characterization is the link between the two functions involved in the interpretation process, i.e. the interpretation of the factual elements and the solution provided by the judge to the disputed contractual terms.

<p>Instability in the administration of municipalities is a particularly serious problem in the Western Cape because of its large number of coalition councils. Coalitions have led to<br /> frequent changes in local governance and to constant changes in political and administrative leadership. Due to the fluidity in local government, the politics of the day have become synonymous with back-stabbing, secret agreements and arrangements between politicians and political parties wishing to align themselves in such a way as to gain control of the councils.1 A municipality is required by the Constitution2 to structure and manage its administration and budgets, budgeting and planning processes so as to give priority to the basic needs of the community and to promote the social and economic development of the community.3 Legislation further prescribes that &ldquo / a municipality must within its administrative and financial capacity establish and organize its administration in a manner that would enable the municipality to establish clear relationships, facilitate coordination, cooperation and communication between (i) its political structures and political office bearers and its administration / (ii) its political structures, political office bearers and administration and the local community&rdquo / .4 It may therefore be argued that a municipality subscribing to the abovementioned prescripts should be functioning effectively. However, in practice continuous administrative and political instability adversely impacts on a municipality‟s capacity to provide service delivery to the community. The 2006 local government elections resulted in only four out of 30 municipalities in the Western Cape having a single party with more than 50% of the seats (outright majority). The remaining 26 municipalities were governed by coalitions of two or more parties. In 2001, Parliament introduced floor-crossing legislation which allowed Members of Parliament, Members of Provincial Legislatures and local government councillors to change their political party (or form a new party) and retains their seats when they did so.5 As a result of the 2007 floor-crossing legislation, the number of municipalities with an outright majority increased to 7. Power changes continued to occur even after the 2007 floor-crossing as a result of by-election outcomes or new internal coalition arrangements. Coalition government in the Western Cape remains a reality following the 18 May 2011 local government elections: the Democratic Alliance won 12 municipalities outright, the African National Congress won 1, and in 12 municipalities there was no outright winner. Of the 12 last-mentioned municipalities, 7 municipalities produced hung municipalities, i.e. Bitou, Witzenberg, Laingsburg, Hessequa, Theewaterskloof, Matzikama and Prince Albert.</p>

The Earth consists of approximately 70 percentage of water, but only 1 percent is at present suitable to drink with no sanitation. Water is vital for human life and should be accessible to all human beings, stated even through its legal definition. Reviewed in this paper is that globalization has over the years brought both stunning benefits and openings for many individuals in regards to water and sanitation. However, these opportunities are yet not available for all, since currently approximately 2.5 billion of the world’s population lack access to sanitation, and for about 1 billion individual’s access to safe drinking water is absent. Harmed health leading to death is a crucial consequence of this enormous lack. International coherence and acknowledgement for this challenging situation is at present part of the global agenda, and through this, water and sanitation have been recognized as a fundamental human right by the United Nations (UN) and implemented in its legal framework. However, its definition can be questioned. The United Nations Economic and Social Council (ECOSOC) declare that water shall be available and accessible for all human beings. Within several of the UNs adopted documents, water shall additionally be sufficient, affordable, safe and acceptable, and contain a certain standard of quality. Nevertheless, obstacles occur regarding these requirements through its interpretation. The question arises if the right within its classification can guarantee the fundamental right to water and sanitation to be incorporated, compatible and functional in human rights law.  Besides this, the role of sustainable development and, regional and national legislations in the implementation process is additionally addressed to acknowledge how the right is ensured and protected.

Magistrantūros studijų baigiamajame darbe nagrinėjami teisiniai aspektai registruojant infrastruktūros objektus kaip atskirus nekilnojamojo turto daiktus. Analizuojamos susidarančios esminės problemos teisiškai valdyti inžinerinius statinius. Patirtis ir anketinė apklausa specialistų, atliekančių inžinerinių objektų matavimus ir registravimą parodo, kad šiuo metu intensyviai Lietuvoje vyksta naujų bei senų infrastruktūros objektų rekonstravimas, panaudojant ir Europos sąjungos (ES) lėšas. Pagal atliktą apklausą nustatyti faktoriai, kurie turi neigiamą įtaką inžinerinių statinių kadastrinių matavimų kokybei ir registravimui. Nagrinėjami žemės ir kito nekilnojamojo turto teisės šaltiniai bei jų reguliuojamieji teisiniai santykiai, nekilnojamojo turto kadastras, registras, jo perleidimo sandoriai, valdymas naudojimasis, disponavimas juo, servitutas. / Graduate Studies final examined the work of the legal aspects of registration facilities as separate property items. Analyze the fundamental problems arising in the management of buildings and civil engineering works legally. Experience and questionnaire survey of specialists to carry out the objects of engineering measurements and record shows that at present Lithuania is intensely new and old infrastructure reconstruction, and the use of EU funds. According to a survey carried out to identify factors that have a negative impact on the engineering and cadastral measurements of the quality of registration. Description of sources of Land and Real estate Law; relations regalement by Land and Real estate Law, Cadastre of Real Estate, Register, agreements of its alienation, management, usage, disposition, servitute.

<p>Instability in the administration of municipalities is a particularly serious problem in the Western Cape because of its large number of coalition councils. Coalitions have led to<br /> frequent changes in local governance and to constant changes in political and administrative leadership. Due to the fluidity in local government, the politics of the day have become synonymous with back-stabbing, secret agreements and arrangements between politicians and political parties wishing to align themselves in such a way as to gain control of the councils.1 A municipality is required by the Constitution2 to structure and manage its administration and budgets, budgeting and planning processes so as to give priority to the basic needs of the community and to promote the social and economic development of the community.3 Legislation further prescribes that &ldquo / a municipality must within its administrative and financial capacity establish and organize its administration in a manner that would enable the municipality to establish clear relationships, facilitate coordination, cooperation and communication between (i) its political structures and political office bearers and its administration / (ii) its political structures, political office bearers and administration and the local community&rdquo / .4 It may therefore be argued that a municipality subscribing to the abovementioned prescripts should be functioning effectively. However, in practice continuous administrative and political instability adversely impacts on a municipality‟s capacity to provide service delivery to the community. The 2006 local government elections resulted in only four out of 30 municipalities in the Western Cape having a single party with more than 50% of the seats (outright majority). The remaining 26 municipalities were governed by coalitions of two or more parties. In 2001, Parliament introduced floor-crossing legislation which allowed Members of Parliament, Members of Provincial Legislatures and local government councillors to change their political party (or form a new party) and retains their seats when they did so.5 As a result of the 2007 floor-crossing legislation, the number of municipalities with an outright majority increased to 7. Power changes continued to occur even after the 2007 floor-crossing as a result of by-election outcomes or new internal coalition arrangements. Coalition government in the Western Cape remains a reality following the 18 May 2011 local government elections: the Democratic Alliance won 12 municipalities outright, the African National Congress won 1, and in 12 municipalities there was no outright winner. Of the 12 last-mentioned municipalities, 7 municipalities produced hung municipalities, i.e. Bitou, Witzenberg, Laingsburg, Hessequa, Theewaterskloof, Matzikama and Prince Albert.</p>

The current legal framework pertaining to animals does not sufficiently address the welfare of animals. The Animal Protection Act 71 of 1962 does not specifically regulate the welfare of animals contained in research laboratories. Animals utilized for experimental research purposes endure tremendous “unnecessary suffering” due to legislative inaptitude. Experimental animals suffer inherent abuses associated with experimental research because of the methods, procedures and processes relevant to the experiments. The most controversial method of experimental research is vivisection. The method of vivisection is not only invasive but also causes “unnecessary suffering” to animals. The non-inherent abuses animals suffer during confinement in a laboratory solely relates to uncontrolled and unregulated conduct of staff. Continuing the application of the current legislative framework may also be detrimental to the health and well-being of humans. Animals are specifically utilized as objects of science in research laboratories. The data obtained from research experiments conducted on animals are for the benefit of humankind rather than the animals. Scientific research concluded that not only are invasive methods of research conducted on live animals generally regarded as useless but extrapolating data from animals to humans can also be misleading, unnecessary and dangerous. False results and questionable methodologies are some of the other problems that seem to require urgent attention. Ethically, neither human nor animal should be utilized at the expense of the other and therefore it would be reasonable to recommend that legislative reform takes place. The human perception of animals in terms of the relationship we have with them is the reason why legislative inaptitude in terms of animal welfare exists. The current approach followed is the philosophy of Utilitarianism. Utilitarians believe that neither humans nor animals have rights but interests. Utilitarianism focuses on the permissibility of an act (the use of animals) by weighing the benefits of such an act to the costs suffered because of such act. If the benefits outweigh the costs suffered, the act is permissible. The application of Utilitarianism seems to be the crux of our legislative inaptitude. The human perception and view of animals must therefore be re-directed to develop a sufficient legal framework in terms of animal welfare. A solution offered is to apply an alternative interpretation to the concept of “dignity” (capabilities approach) and progressive realisation. In terms of this solution a species capabilities in terms of its value, capabilities and worth are considered. Inherent to its value, capabilities and worth, is its “dignity”. Once the alternative interpretation of “dignity” is acknowledged, the progressive realisation of its interests can be achieved. / Thesis (LLM)--North-West University, Potchefstroom Campus, 2013

The current legal framework pertaining to animals does not sufficiently address the welfare of animals. The Animal Protection Act 71 of 1962 does not specifically regulate the welfare of animals contained in research laboratories. Animals utilized for experimental research purposes endure tremendous “unnecessary suffering” due to legislative inaptitude. Experimental animals suffer inherent abuses associated with experimental research because of the methods, procedures and processes relevant to the experiments. The most controversial method of experimental research is vivisection. The method of vivisection is not only invasive but also causes “unnecessary suffering” to animals. The non-inherent abuses animals suffer during confinement in a laboratory solely relates to uncontrolled and unregulated conduct of staff. Continuing the application of the current legislative framework may also be detrimental to the health and well-being of humans. Animals are specifically utilized as objects of science in research laboratories. The data obtained from research experiments conducted on animals are for the benefit of humankind rather than the animals. Scientific research concluded that not only are invasive methods of research conducted on live animals generally regarded as useless but extrapolating data from animals to humans can also be misleading, unnecessary and dangerous. False results and questionable methodologies are some of the other problems that seem to require urgent attention. Ethically, neither human nor animal should be utilized at the expense of the other and therefore it would be reasonable to recommend that legislative reform takes place. The human perception of animals in terms of the relationship we have with them is the reason why legislative inaptitude in terms of animal welfare exists. The current approach followed is the philosophy of Utilitarianism. Utilitarians believe that neither humans nor animals have rights but interests. Utilitarianism focuses on the permissibility of an act (the use of animals) by weighing the benefits of such an act to the costs suffered because of such act. If the benefits outweigh the costs suffered, the act is permissible. The application of Utilitarianism seems to be the crux of our legislative inaptitude. The human perception and view of animals must therefore be re-directed to develop a sufficient legal framework in terms of animal welfare. A solution offered is to apply an alternative interpretation to the concept of “dignity” (capabilities approach) and progressive realisation. In terms of this solution a species capabilities in terms of its value, capabilities and worth are considered. Inherent to its value, capabilities and worth, is its “dignity”. Once the alternative interpretation of “dignity” is acknowledged, the progressive realisation of its interests can be achieved. / Thesis (LLM)--North-West University, Potchefstroom Campus, 2013

Este trabalho tem o objetivo de analisar a emergência de novos partidos políticos no Brasil entre 1979 e 2015 visando a compreender se o arcabouço legal é suficiente para explicar este fenômeno. Com base na literatura de Ciência política, estudamos a formação de novas organizações partidárias na Nova Democracia a partir de três dimensões: aspecto político, contexto socioeconômico e arcabouço legal. A pesquisa está dividida em quatro capítulos: sendo que o primeiro consiste em uma revisão da literatura sobre novos partidos e o segundo é destinado às considerações metodológicas que orientaram o trabalho. O terceiro capítulo analisa o surgimento de novos partidos no Brasil sob a ótica do contexto político, do aspecto socioeconômico e do arcabouço legal de acordo com os cenários dos seis períodos históricos recortados: 1979 a 1984, 1985 a 1989, 1990 a 1994, 1995 a 2002, 2003 a 2010 e 2011 a 2015. Dentro de cada um destes períodos, as variáveis foram classificadas como incentivadoras ou inibidoras em relação à criação de novos partidos. Por fim, o último capítulo é dedicado a responder ao problema de pesquisa, articulando as análises dos períodos de forma comparada. Os resultados encontrados confirmaram a hipótese de que um arcabouço legal é necessário para compreender o surgimento de novas organizações partidárias, mas não é suficiente para explicar este fenômeno, que é complexo e multicausal. / This paper aims to analyze the new political parties’ emergence in Brazil between 1979 and 2015 in order to understand if the legal framework is sufficient to explain this phenomenon. Based on the Political Science literature, the formation of new parties is studied from three variables: political, socioeconomic and legal framework. This research is divided in four chapters: the first consists in a literature review about new parties’ formation and the second is dedicated to the methodological considerations that guided this study. The third chapter analyses the new political parties’ emergence in Brazil considering political, socioeconomic and legal aspects according to the scenarios of the six historical periods determined: 1979 to 1984, 1985 to 1989, 1990 to 1994, 1995 to 2002, 2003 to 2010 and 2011 to 2015. For each period, the variables were classified as encourager or inhibitor of new parties’ formation. The last chapter articulates the analysis of the periods in a comparative perspective. The results confirmed the hypothesis: the legal framework is required to understand new parties’ formation, even though it is not enough to explain this phenomenon, which is complex and multifactorial.