Denial of the Right of a Foreign Corporation to Remove a Cause to the Federal Court

1910 ◽  
Vol 16 (7) ◽  
pp. 554
Keyword(s):  
Federal Court ◽  
The Right ◽  
Foreign Corporation

RECURSO EXTRAORDINÁRIO 878.694/MG: O PRECEDENTE JUDICIAL NA SUCESSÃO LEGÍTIMA DO COMPANHEIRO

2021 ◽  
Vol 17 (2) ◽  
pp. 179-190
Author(s):  
Larissa Simões Lopes
Keyword(s):  
Federal Court ◽  
Civil Code ◽  
Similarities And Differences ◽  
The Right

The presente article consists on a study developed with the objective of analyzing the succession of the partner and verifying if that Extraordinary Appeal 878.694 / MG fully equated the regime of succession of marriage and stable union. The Supreme Federal Court in the judgment of the referred appeal determined, not unanimously, the unconstitutionality of article 1790 of the Civil Code that regulates the right of succession of the partner and established the application of article 1829 of the Civil Code in its place, that originally only regulated marriage. This work defined the succession of the partner in the legitimate succession by law and in the Extraordinary Appeal, analyzing legitimate, testamentary succession, litigious and friendly sharing, the similarities and differences of articles 1790 and 1829 of the Civil Code. It will be demonstrated that the Supreme Court's decision did not pacify all issues related to the partner's right of succession.

NATIVE TITLE ISSUES AFFECTING PETROLEUM EXPLORATION AND PRODUCTION

1999 ◽  
Vol 39 (2) ◽  
pp. 107
Author(s):  
M.W. Hunt
Keyword(s):  
Oil And Gas ◽  
Federal Court ◽  
Petroleum Exploration ◽  
Native Title ◽  
Area Of Interest ◽  
Exploration And Production ◽  
Petroleum Companies ◽  
Offshore Oil And Gas ◽  
The Right ◽  
Offshore Oil

This paper focusses on onshore exploration and production because the right to negotiate does not apply offshore. However, the Native Title Act can be relevant to offshore oil and gas explorers and producers. First, where their area of interest includes an island within the jurisdiction of Western Australia. Secondly, in respect of land required for the facilities to treat petroleum piped ashore.Under the original Native Title Act the right to negotiate proved unworkable, the expedited procedure failed to facilitate the grant of exploration titles and titles granted after 1 January 1994 were probably invalid.The paper examines the innovations introduced by the amended Native Title Act to consider whether it will be more 'workable' for petroleum explorers and producers. It examines some of categories of future acts in respect of which the right to negotiate does not apply (specifically indigenous land use agreements, renewals and extensions of titles, procedures for infrastructure titles, reserve land, water resources, low impact future acts, approved exploration etc acts and the expedited procedure).Other innovations include the new registration test for native title claims, the validation of pre-Wik titles, the amended right to negotiate procedure, the State implementation of the right of negotiate procedure and the objection and adjudication procedure for grants on pastoral land.The response of each state and territory parliament to the amended Act is considered, as is the Federal Court decision in the Miriuwung Gajerrong land claim (particularly the finding that native title includes resources, questioning whether these resources extend to petroleum).The paper observes that the full impact of the new Act cannot be determined until the states and territories have passed complementary legislation and it is all in operation. However, the paper's preliminary conclusion is that it does not provide a workable framework for the interaction between petroleum companies and native title claimants.The writer's view is that the right to negotiate procedure is unworkable if relied upon to obtain the grant of a title. If a proponent wishes to develop a project in any commercially acceptable timeframe, it will have to negotiate an agreement with native title claimants. The paper's conclusion is that a negotiated agreement is the only way to cope with native title issues.

Class actions: The flood that never came

2018 ◽  
Vol 43 (3) ◽  
pp. 171-176
Author(s):  
David Barda
Keyword(s):  
Federal Court ◽  
Access To Justice ◽  
Unique Combination ◽  
Cost Shifting ◽  
Class Actions ◽  
Contingency Fees ◽  
The Right

After 25 years of class actions in Australia, it is worth reviewing whether the predictions made – that part IVA of the Federal Court of Australia Act 1976 would result in an Americanised litigious culture and a flood of spurious claims – came to pass. This article argues that the flood was more of a trickle and that Australia's unique combination of cost shifting rules, contingency fees and judicial supervision have mitigated against the deluge. It takes the position that Australia has struck the right balance between access to justice and protection against vexatious or unmeritorious claims.

Toward a Constructive Constitutional History

2021 ◽  
pp. 223-236
Author(s):  
James E. Pfander
Keyword(s):  
Supreme Court ◽  
Federal Court ◽  
Synthetic Approach ◽  
Constitutional Interpretation ◽  
Constitutional History ◽  
Constructive Approach ◽  
Nineteenth And Twentieth Centuries ◽  
The Right ◽  
Constitutional Adjudication ◽  
The U.S

This chapter explores the lessons for the theory of constitutional adjudication that emerge from this book’s account of the meaning of cases and controversies in Article III. Proposing a constructive or synthetic approach to constitutional interpretation, the chapter urges the U.S. Supreme Court to substitute a litigable interest standard for the modern case-or-controversy rule. Such an approach would enable the Court to uphold the right of individuals to pursue uncontested claims as authorized by Congress and to continue to insist on adversary presentations in the disputes that parties present to federal court for resolution. The constructive approach advocated here differs from the position sometimes advanced by originalists in that it seeks to accommodate the lessons of the eighteenth, nineteenth, and twentieth centuries in formulating a measure of the limits of judicial power.

scholarly journals Right to health: The judicialization of the granting of high-cost medicines

2020 ◽  
pp. 05-16
Author(s):  
Karen Vanderlei Macêdo
Keyword(s):  
Federal Court ◽  
Right To Health ◽  
The Law ◽  
The Right

The object of analysis of this article is the intertwining between the right to health in Brazil and the activation of the Supreme Federal Court (STF) as a guarantee of practical effectiveness, the judicialization of the policy, especially the granting of high-cost drugs. Before the right to health in Brazil, two Principles collide, that of the reservation of the possible and that of the existential minimum, which requires according to Barroso (2009) a weighting by the interpreter of the law on the reasonableness of specific cases. To verify, with regard to the right to health, we analyze some Judgments of the STF on the matter, which are on its website. We observed that there is in the decisions of the STF a preponderance of the reserve of the possible to the detriment of the existential minimum.

scholarly journals The Right to be Forgotten: The Potential Effects on Canadian

2019 ◽  
Vol 15 ◽  
Author(s):  
Steven McDonald
Keyword(s):  
Search Engines ◽  
Federal Court ◽  
Third Party ◽  
Right To Know ◽  
European Law ◽  
Right To Be Forgotten ◽  
The Right To Know ◽  
Laws And Policies ◽  
The Right ◽  
Archival Practices

Since the introduction of the right to be forgotten to European law in 2014, many Western countries have contemplated whether the right could be applied to their citizens. In October 2018, Canada’s Privacy Commissioner asked the Federal Court of Canada to decide if the right is a Canadian fundamental right. However, the right to be forgotten has caused a lot of issues in Europe due to its vagueness and if Canada’s Federal Court rules in favour of making the right a Canadian right, changes will need to be made to it to protect Canadian archives. This paper explores the right to be forgotten and discuss the potential effects the right may have on Canadian archives by exploring the origins of the right, how third-party search engines are currently handling the right, Canadian laws and policies surrounding privacy and the right to know and Canadian archival practices.

scholarly journals A QUEBRA DE PARADIGMAS DO SUPREMO TRIBUNAL FEDERAL EM DIREITO À SAÚDE E A AUSÊNCIA DA CONSISTÊNCIA TEÓRICA

2020 ◽  
Vol 2 (59) ◽  
pp. 377
Author(s):  
Ferado Rister de Sousa LIMA
Keyword(s):  
Supreme Court ◽  
Medical Science ◽  
Federal Court ◽  
Right To Health ◽  
The Public ◽  
New Concepts ◽  
The Supreme Court ◽  
Public Money ◽  
The Right

RESUMO Objetivo: O estudo objetiva analisar as decisões do Supremo Tribunal Federal, com o propósito de identificar julgamentos proferidos no período de 2010 a 2013, e verificar se houve incorporação de novos conceitos sobre o direito à saúde na sua jurisprudência. Metodologia: A metodologia empregada é a pesquisa bibliográfica, por meio da análise de decisões jurisprudenciais do Supremo Tribunal Federal, delimitada ao período de 2010 a 2013. Resultados: A leitura dos acórdãos denota como direta ou indiretamente estão fundamentados na ausência dos parâmetros. É possível também falar-se em novos parâmetros e não em ausência de critérios. Prefere-se a ausência de critérios ante o entendimento de que os rígidos pontos de partida anteriores moldaram por décadas a atuação judicial e a sua retirada acabou fragilizando a argumentação jurídica, a ponto de não se discutirem questões pertinentes. Os acórdãos dispõem em oferecer esperança como fonte de cura. Uma linguagem muito longínqua da ciência médica e sem qualquer critério de gestão do dinheiro público instaurou-se nos novos julgamentos da Corte. A ausência de consistência jurídica fica também evidenciada com a completa despreocupação em enfrentar a argumentação jurídica oferecida pela política. Tudo está tão conforme os novos conceitos que não se justifica argumentar ou enfrentar as teses jurídicas da Administração Pública. Eis o novo paradigma jurisdicional em direito à saúde. Contribuições: A contribuição central do presente trabalho está na análise de decisões da Suprema Corte a fim de identificar o tratamento dado a questões de direito à saúde.Palavras-chave: Ministros proativos; nova racionalidade; jurisprudência do Supremo Tribunal Federal; papel do Direito. ABSTRACT Objective: The study aims to analyze the decisions of the Supreme Federal Court, with the purpose of identifying judgments handed down from 2010 to 2013, and to verify whether new concepts about the right to health have been incorporated into its jurisprudence. Methodology: The methodology used is bibliographic research, through the analysis of jurisprudential decisions of the Federal Supreme Court, limited to the period from 2010 to 2013. Results: The reading of the judgments shows how directly or indirectly they are based on the absence of parameters. It is also possible to talk about new parameters and not in the absence of criteria. The absence of criteria is preferred due to the understanding that previous rigid starting points have shaped judicial action for decades and its withdrawal has weakened the legal argument, to the point of not discussing relevant issues. Judgments offer hope as a source of healing. A very distant language of medical science and without any criterion for the management of public money was established in the Court's new judgments. The lack of legal consistency is also evidenced by the complete lack of concern in facing the legal arguments offered by the politics. Everything is so in line with the new concepts that there is no reason to argue or face the legal theses of the Public Administration. This is the new jurisdictional paradigm in the right to health. Contributions:The central contribution of the present paper is the analysis of the Supreme Court decisions in order to identify the treatment given to issues of right to  health. Keywords: Proactive ministers; new rationality; jurisprudence of the Supreme Federal Court; role of law.

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