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Nº 60
October, 2001
Price: 8 €
Em
Português En
Français
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António Casimiro Ferreira
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The system of labor
dispute resolution: from procedural formalization to the effectivity of
practices
This text has a double aim: first, it proposes to establish a model for
the analysis of systems of labor dispute resolution which is composed
of principles of socio-political regulation, forms of lawsuit
resolution, and the individual and collective social loci in which the
disputes emerge. Second, taking into account these dimensions, it
studies the Portuguese system of labor dispute resolution, identifying
its constitutive elements and characterizing their respective
performances. The author problematizes the system, paying attention to
the factors of obstruction and contraint that influence it.
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João Pedroso
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The construction of a
justice of proximity: The case of the Centers of Arbitration for
Consumer Disputes
In response to the current crisis in civil justice, derived from the
overload of Judicial Courts, governments have promoted Alternative
Dispute Resolution (ADR), among other reforms. In Portugal, alternative
dispute resolution through arbitration centers is, in practice, about
ten years old, and has assumed special importance in consumer disputes.
These centers of information, mediation, and arbitration are the result
of a creative tension between the European Union, which finances their
establishment, the State (at central and local levels), which gives
technical and logistical support, consumer associations, which dynamize
them, and sometimes associations of merchants and producers. This
partnership for justice, which is currently in the process of
consolidation, offers a proximate, easy, free, and fast "new justice"
for consumer disputes; it gives information about rights, prevents and
resolves disputes, but still has a limited territorial and material
reach.
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Conceição Gomes
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The evolution of
criminality and procedural reforms in the last decade: some
contributions
This article addresses the consequences of the performance of the
mechanisms of selection of criminality on the volume of suits filed in
the judicial system, as well as the impact of procedural reforms
introduced into the juridical system with the aim of creating
mechanisms of celerity and efficacy in the administration of criminal
justice. Resorting to the available statistical indicators, the author
concludes that the scope of application of these reforms is still very
limited.
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João Paulo Dias
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The "world" of magistrates:
professional evaluation and discipline
This article addresses the performance of the Conselho Superior de
Magistratura (High Council of Judges) and the Conselho Superior do
Ministério Público (High Council of Public Prosecutors), organs of
management and evaluation of, respectively, judges and prosecutors.
Their simultaneous importance and opacity have kept them far from any
public control. Through the analysis of several indicators and
interviews with judiciary actors, the author analyzes how these
Councils evaluate and apply disciplinary power to magistrates, also
taking into account the existing tensions between the political power
and the judicial power which derive from the Councils' composition as
well as their jurisdictions.
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José Manuel Pureza
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From the culture of impunity to
global judicialization: The International Criminal Court
This article discusses the dynamics of the international public order,
paying attention to international crimes and the proliferation of
international courts. The creation of the International Criminal Court
is evaluated in the light of the current tendency towards the
globalization of the rule of law and the global homogenization of
judicial systems. I raise two main problems: first, that of knowing
whether the Rome Statute, which instituted the International Criminal
Court, constitutes a break with the Westphalian legacy of the strictly
State-based nature of criminal jurisdictions, or whether, on the
contrary, it presents decisive traces of continuity in relation to this
legacy; second, that of the adequacy of the judicial solution to the
overriding of genocidal States and policies, as well as the fulfillment
of elementary considerations of humanity as basic demands of the
contemporary world public order.
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Carlos Nolasco
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Juridical games in sports, or
the pluralistic character of Sports Law
The huge growth of sports has given rise to the need for a legal
rationality inside and outside sports activities. In this double need
to establish normative contours for sports, we can see a situation of
confrontation between two orders: on one side the sports universe with
a specific mode of legal order, and on the other the State, which,
having the legal monopoly, does not want to abstain from establishing
at least minimum rules for sports activities. Thus, this confrontation
involves a situation of legal pluralism. This is the hypothesis of this
text, from which the author seeks to examine how normativity in sports
is forged and affirmed, and how it relates to the normativity of the
State.
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Susana Costa
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Justice in the Laboratory
Forensic science seeks to help the Law by making justice more
scientific and, therefore, in principle, more exact. A recent
manifestation of this aim is the use of identification by DNA profiles.
The adoption of this technique has opened up new possibilities in the
field of individual identification, but it has also raised problems
that may make its use controversial and originate abuses and judicial
errors, putting at stake fundamental principles of citizenship and
democracy. Paying attention to the central importance of the question
of the standardization of techniques, in its virtualities and
risks-namely, the possibility of the standardization of Law-this study
seeks to identify the strengths and weaknesses of the use of
identification by DNA profiles. At the same time, it attempts to
understand the workings of the tension between a forensic science that
is becoming globalized and a Law that remains localized.
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