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Copyright of Recherches en Sciences de Gestion is the property of ISEOR and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Revista Foco (Interdisciplinary Studies Journal) is the property of Revista Foco and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This paper explores the concept of "Clip Thinking" in the context of the digital age and investigates whether it is a complimentary or contradictory approach. Clip Thinking refers to the tendency of individuals to consume information and ideas in short, fragmented, and easily digestible formats, often facilitated by social media platforms and digital technologies. While Clip Thinking offers benefits such as quick access to diverse perspectives and efficient information processing, it also raises concerns about shallow engagement, echo chambers, and reduced critical thinking skills. This study employs a mixed-methods approach, combining qualitative interviews and quantitative surveys, to gather insights from participants representing different age groups, educational backgrounds, and digital media consumption habits. The qualitative interviews delve into participants' motivations, habits, and experiences related to Clip Thinking, providing an in-depth understanding of the phenomenon. The quantitative surveys measure participants' information consumption patterns, cognitive abilities, and attitudes towards Clip Thinking. On one hand, participants appreciate the convenience and accessibility offered by short, clipped content. They find it easier to navigate the overwhelming information landscape, rapidly browse topics of interest, and connect with a broader range of ideas. On the other hand, concerns emerge regarding the potential for information overload, reduced attention spans, and a lack of depth in understanding complex issues. Participants express worries about the erosion of critical thinking skills and the creation of filter bubbles that reinforce pre-existing beliefs. By analyzing the data collected, this paper aims to provide a nuanced understanding of the impacts of Clip Thinking on individuals' cognitive processes, decision-making abilities, and overall information consumption habits. The study's conclusions will inform educators, policymakers, and media platforms about the challenges and opportunities associated with promoting a balanced information ecosystem in the digital age. [ABSTRACT FROM AUTHOR]

Copyright of Revista Foco (Interdisciplinary Studies Journal) is the property of Revista Foco and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

In the police investigation, as a rule, the accused or investigated person has not yet been formally accused, but is being investigated so that this condition takes effect or not, not to mention the possibility that the procedure may serve as a basis for the adoption of serious measures, such as the decree of preventive detention, by the Judiciary. Refuting the application of the adversarial and full defense principles in the investigation phase may represent a situation of imbalance in relation to the exercise of the State's right to punish, although the adoption of certain measures must be admitted so that the criminal prosecution is not compromised, such as preserving the secrecy of an ongoing telephone intercept, for example. Finding a balance between the interests of the indicted or investigated individual and the State in the criminal procedural relationship may represent a fairer path to the realization of the Democratic Rule of Law. From this perspective, the objective of this work is to analyze the possibility or not of applying the principles of contradictory and full defense in the context of a police investigation. The methodology consists of a literature review, through the analysis of doctrine, jurisprudence and academic works, using the hypothetical-deductive method, concluding, in the end, that it is necessary to rethink the inapplicability of the contradictory and the full defense indiscriminately, considering the possibility of violating fundamental rights and guarantees in certain situations. [ABSTRACT FROM AUTHOR]

Copyright of Revista Foco (Interdisciplinary Studies Journal) is the property of Revista Foco and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The aspect that mainly characterizes the literary process from the 90s of the last century is the intensification of the process of capitalization on the interwar literary heritage. Many writers are re-included in the circuit of our spiritual values. The publication of their works is followed by monographic investigations. Studies, portraits and essays are written in anthologies and literary histories. Leon Donici is one of the most original and innovative prose writers. Outlined as an artistic personality in the Russian cultural environment, Leon Donici brought in Romanian literature an ostentatious nostalgic spirit: romantic, but also realistic; clear, but also deeply tragic. A well-defined personality, Leon Donici was overwhelmed by contradictory impulses and deserved, on account of this, an unequal acceptance that was dominated by numerous stereotypes.

The focus of this study is to analyse the content of the right to be heard in the face of Law 14.245/2021, which brought changes to the Penal Code, Criminal Procedure, and Special Courts Law. The question posed is if the right to be heard allow for secondary victimization - or re-victimization - of crime victims. The hypothesis argued is based on the perspective that, as a human right, the right to be heard does not condone such an act, even though it is used in a corrupted manner to perpetuate prejudices present in our society. The path taken in the study was as follows: characterization of the right to be heard as a human right (point 1), its use as a mask to perpetuate prejudices (point 2), and the attempt to address the issues raised by Law 14.245/2021 (point 3). The methodology used was bibliographic research, including books and scientific articles on the subject, as well as jurisprudential research, involving opinions of the Inter-American Court of Human Rights regarding the right to be heard. The research results show that the right to be heard is indeed not compatible with secondary victimization, cannot be manipulated to perpetuate prejudices, and should not be denied based on certain victim profiles, as doing so would risk violating the rights of the accused. [ABSTRACT FROM AUTHOR]

Abstract Two of the most important outcomes of The Contradictory Christ include: (i) identifying Christ as an unproblematically contradictory being as well as (ii) laying the foundations of an investigation of the logical consequences of the existence of Christ, qua contradictory, within a particular 'theory'. In light of the enormous relevance of Beall’s The contradictory Christ for the study of inconsistency, my main concern here is to explore the effect of some methodological choices behind Beall’s proposal -this in order to recognize in more detail the scope of Beall’s contribution. To do so, I will focus on three main questions: 1. What is required for the identification of a contradiction? 2. How can we recognize a true contradiction from either an apparent or a temporal contradiction? 3. If we identify a true contradiction within a theory, where can we actually go from there?

Copyright of Revista Jurídica (0103-3506) is the property of Revista Juridica and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The present study aims to make an analysis of the repercussion of the prerogatives of public faith of police officers during the pre-procedural and procedural phases in cases of flagrante crime and contempt in wich the police officer is, at the same time, the victim, the only witness and the person responsible for drawing up the record of the crime report. In this regard, the research was based on three approaches: the first was a counterpoint between the valuation of the presumptions of veracity and legitimacy in relation to the devaluation of the constitutional principles of presumption of innocence and the right to adversarial proceedings. The second approach is based on an analysis of the jurisprudence of the Brazilian states where most offenses of contempt are committed and in wich the testimony of the police officer and the Circumstantiated Record of Occurrence drawn up by him represent the only evidence in the case file. And, third, brings up possible criteria for evaluating the word of agents in criminal process, seeking to minimize the errors of conviction based on overvaluation of singular evidence. Finally, it was concluded that, in order to avoid convictions based on singular evidence and, above all, for the effective realization of due legal process, there is an urgent need to establish minimum criteria, such as, for example, an analysis of the for example, an analysis of the subjective credibility of the agent and also of the plausibility and firmness of the allegations in court and the existence of other probative elements that corroborate the accusation in order to objectively assess the relevance of testimonial evidence in criminal proceedings, especially in cases of flagrante delicto and contempt. To elucidate the problem, a qualitative-quantitative research was carried out, of a descriptive nature, based on the hypothetical-deductive method and with documentary analysis research techniques (case law) and bibliographic review. [ABSTRACT FROM AUTHOR]

This research is motivated by a contradictory reality about the life of traditional fishermen. Traditional fishermen have “sacred” zones for fishing activities which are protected by law due to their highest biodiversity and cultural importance to local fishing communities. On the other hand, 76 percent of the traditional fishermen are classified as poor; the level of poverty headcount index (PHI) reaches 32.4 percent. Based on this contradictory situation, 2 (two) important questions arise: what happens in the fishing area of traditional fishermen and whether the poverty experienced by traditional fishermen starst from this fishing ground. This research took place in Bagan Kuala, a village where the majority of the population are traditional fishermen. This study used an ethnographic approach with two data collection tools, which are interviews and observations. It was found that each traditional fisherman in this village has its own fishing grounds and boundaries. The boundary is marked by fish aggregating device (FAD), which also serve its purpose as fish catcher. Some of the FADs have been owned by fishermen for many generations. Outsiders often trespass this fishing ground, particularly at night where they use modern tools like trawl, destroying the fishermen’s FADs. As a result, there are conflicts and also negotiations involving the locals and outsiders who asked for their permission; the catch was divided depending on the agreement. From these findings, it can be concluded that poverty can start from the fishing ground.

Copyright of A&C - Administrative & Constitutional Law Review - Revista de Direito Administrativo e Constitucional is the property of A&C - Revista de Direito Administrativo & Constitucional (Instituto Bacellar) and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This article discusses the semantic relations expressed by conjunction “but”. The choice of this conjunction is not accidental, since it is one of the most common coordinative conjunctions in the English language and is dated back to the Old English period. The adversative conjunction “but” forms the prototypical core of the semantic-syntactic field of coordinative relations. This conjunction, as the analysis has shown, can realize both conventional and situational relations. The conventional relations actualized by this conjunction are derived from the semantics of the discourse frame, which is formed on the basis of coordinative conjunctive relations. In an adversarial form, these relations are manifested as concessive, adversative-contrastive and so on.

The present study aims to critically analyze the new concept of access to justice beyond courts, in order to assert the importance of due process of law in this specific matter. The study compares the concept of access to justice in the Brazilian Constitution of 1988, centered in the role of the courts, and in the Brazilian Civil Procedure Code of 2015, which promotes the idea of multidoor courthouses. Access to justice beyond courts must observe procedural guarantees and fundamental rights, with no place for setbacks. Owing to this, the study elaborates the concept of extrajudicial due process of law, assembling five elements, which will be studied in the article: a) impartiality and independence; b) external control; c) publicity; d) predictability of proceedings; e) contradictory.

The Circular Letter of the Minister of Manpower No. M/6/HI.00.01/V/2020 concerning the Implementation of Religious Holiday Allowance Payment (THR) of 2020 in Companies during Covid-19 Pandemic is a regulation expected to complete THR payment problems in this Pandemic situation. However, normatively, this regulation raises new legal issues. This regulation's provisions contradict the principle of legal certainty because it contradicts the laws and regulations above it. Under the juridical normative type of research, the results of this research found the emergence of legal consequences due to industrial relations disputes for employment relations actors if the agreement on THR Payment is not achieved. This research has also found that the Minister Circular Letter on THR Payment basically contradicted the principle of legal certainty because the status does not belong to the statutory regulations, meaning that it has no force to be applied as statutory regulations do. Based on the Statutory regulation, the minister Circular Letter's legal status only applies to internal institutions which issue and belongs to technical and administrative arrangements. Thus, legal action as research result recommended to the government is revoking the minister's circular letter on THR Payment.

The subject is about the implementation of the technological tools in the labor process, showing the effects through by its use, the critics around its imperfections, the benefits brought to the parties and the judiciary, in particular Labor's Justice and its functionality and effectiveness. In the beggining, the purpose is to present the concept of principles in the implementation of the labor process in order to base the understanding about the application of these electronic tools. This subject limit itself to the effects produced when the, ex-officio, with means for locating assets of the executed, which try to discuss about the most relevant doctrines contributions about the criticism, benefits and flaws brought, and, after analysis, the conclusion about the subject is made. [ABSTRACT FROM AUTHOR]

The text explores ways/possibilities of the civil procedure to serve as a democratic space of participation and construction of the law from a critical analysis of its architecture (object, device, contradictory), because the constitutionalisation of the process brings to the center the fair process, where the procedural contradiction (procedural debate) allows the process to be a channel of contextual opening for the right and performing effective guardianship. It is proposed that the contradictory is a channel of openness to speak in a new device principle, flexibility of procedural congruence and justification by the object of the procedural debate. The civil process gains special importance in front of a dynamic and complex society, marked by the juridicization of life, which seeks in the judicial channel of claim and struggle for rights and this relief acquired mainly after the constitutionalization of the right requires that institutes that compose the architecture of the process are revisited in the search for a democratic-participatory path for legal hermeneutics. The reflection emphasizes the importance of the contradictory as a moment of participation of the parties in the construction of the right for the protection of fundamental rights, thus being able to begin to speak in a fair process.

This article shows that the modification of paragraph 2 of the article 879 in the Consolidation of Labor Laws, by Law n. 13,467/2017, did not affect the procedure of the paragraph 3 of the article 884 in the Consolidation, therefore, that there are two different and coexistent rites for liquidation. It also demonstrates that the procedure of the paragraph 2 of article 879 of the Consolidation results in rework and delay, with a repetition of acts, grounds and petitions, as in a tribute to Sysiphus. At last, it concludes that the procedure of the paragraph 3 of article 884 of the Consolidation did not change and represents the best option, once it concentrates acts, bringing rationality and celerity, yet keeping the right to each party to contradict the other. [ABSTRACT FROM AUTHOR]

Two of the most important outcomes of The Contradictory Christ include: (i) identifying Christ as an unproblematically contradictory being as well as (ii) laying the foundations of an investigation of the logical consequences of the existence of Christ, qua contradictory, within a particular 'theory'. In light of the enormous relevance of Beall's The contradictory Christ for the study of inconsistency, my main concern here is to explore the effect of some methodological choices behind Beall's proposal -this in order to recognize in more detail the scope of Beall's contribution. To do so, I will focus on three main questions: 1. What is required for the identification of a contradiction? 2. How can we recognize a true contradiction from either an apparent or a temporal contradiction? 3. If we identify a true contradiction within a theory, where can we actually go from there? [ABSTRACT FROM AUTHOR]

The present work intends to analyze the activities of defensive investigation, approaching from the forerunners of the theme to the materiality of normative dispositions, in this respect, bringing its doctrinal and practical outlines. Furthermore, this work aims to analyze and highlight the importance of the matter, especially its contributing aspects for better instruction in the accusation process, from its preliminary phase to its application in the last phase of criminal prosecution. In fact, the result of the research on the subject matter of this scientific work will even reveal the importance of applying defensive investigation in favor of a criminal prosecution as fair as possible. [ABSTRACT FROM AUTHOR]

Copyright of Revista da Faculdade de Direito da Uerj is the property of Editora da Universidade do Estado do Rio de Janeiro (EdUERJ) and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Revista Jurídica (0103-3506) is the property of Revista Juridica and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Teoria Jurídica Contemporânea is the property of Teoria Juridica Contemporanea and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Since 2015, China has established a 'Group Form of Educational Aid for Tibet' programme to dispatch ethnic Han majority teachers from inland cities to teach in Tibetan schools for a short period of time. Through the programme, the state aims to offer the gift of educational development to this highland area with a concentrated Tibetan minority population. With data from official documents, school observations, interviews, and colloquiums, this study examines the moralities and contradictories in the process of educational aid for Tibet (EAT). Analyses on the narratives of the aid-Tibet teachers (ATT) have revealed a multi-layered 'saviour complex' parallel to the 'White saviour complex' in Western societies. The construction of the Tibetan environment as harsh – given its high altitude, oxygen scarcity, geographic remoteness, inconvenient transportation, and underdeveloped economy – is critical to the construction of ATTs as moral actors. The aid is glorified as moral sacrifice and the contributions of ATTs from the developed inland for the state, the peripheral Tibet, and Tibetans are accentuated, while the benefits they have enjoyed and the contradictories in the aid process are underemphasised. This study sheds light on ethnic politics in China by critically unpacking the 'saviour complex' in the developmental discourses. [ABSTRACT FROM AUTHOR]

This article has the objective to analyze controversial aspects relating to expert evidence in criminal proceedings, especially about differences between the expert's figure and his assistant. The assistant is an innovation brought to the code by Law n. 11.690 of 2008, which gave rise to one more of the many partial reforms already suffered by the diploma. The aim is also to clarify the contradictory possibilities in expert proof produced during the investigation and in the criminal proceedings. Finally, there is a brief analysis of comparative law between Brazil, Chile and Italy. The methodology used is literature, legislative and jurisprudential research.

The purpose of this study is to examine the constitutional status of the right to proof, as well as its prevalence in relation to infra-constitutional legislation, especially in view of the procedural norms of preclusion. It is intended to demonstrate that, through mitigation of the application of the preclusive institute, the process becomes more effective and secure, guaranteeing, in the end, a decision of merit that translates the best sense of justice.

Copyright of Archivio Giuridico is the property of Mucchi Editore and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This article aims to analyze different kinds of judicial protection to the contradictory principle in the new Civil Procedure Code. As a procedural fundamental right, contradictory demands real application by judges and legislators. The new Civil Procedure Code ruled the theme properly, which can be identified by the prohibition of “suprise decisions”; the prevision of contradictory as a condition to the extension of the objective limits of “res judicata” to the so called “prejudicial questions” and the identification of unmotivated decisions.

The present paper aims to inquire some questions related to the remark of the contradictory in the case of preventive detention after the invention of the law nº 12.403/11, trying especially to analyze the function of the custody hearing in this context, as a way of ensuring this right.

In 1984, José Alfredo de Oliveira Baracho published in Brazil, the work entitled Constitutional Process, by which pioneered presented the connecting factors between Constitution and Process, leading to a radical change in perspective from which one sees the Procedural Law and its importance for the construct ion of a democratic state. More than thirty years later, intense has been the legal research from the theory of the constitutional process not only in traditional fields of Procedural Law, as well as in branches of public law and constitutional law, administrative law and electoral law. Nevertheless, still perceive certain misconceptions and misunderstandings both in relation to the structural elements of the constitutional process as well as its importance to the law. Thus, the present study aims to the resumption of the structural elements of the constitutional process in order to try to remove any remaining misconceptions as to the scope and the depth of this important procedural theory.

This study provides brief reflections on the due process hearing under the new Civil Procedure Code. In the evolution of the article analyzes the orality, the preliminary hearing contained in the ordinary procedure of the Civil Procedure Code of 1973 and the conciliation hearing in summary proceedings of the Civil Procedure Code of 1973. Finally, we analyze the conciliation audience under the new Civil Procedure Code, making notes on the reasonable duration of the process, the reconciliation, the contradictory and the participation of procedural subjects.

This article presents the reality of the “Small Claim ́s Courts” of Rio de Janeiro with regarding the need to keep the plea of confidential clause in answer to the complaint, in Courts which is applied the electronic system, until the start of the hearing and trial. The foundation of such need is based on the constitutional principle of equality, considering also the existence of procedures that are still physical, in that the plaintiff only has views of the arguments of the defendant in the aforementioned procedural step in accordance with the Law n. 9.099/1995.

There is a relatively recent trend in treating negation as a modal operator. One such reason is that doing so provides a uniform semantics for the negations of a wide variety of logics and arguably speaks to a longstanding challenge of Quine put to non-classical logics. One might be tempted to draw the conclusion that negation is a modal operator, a claim Francesco Berto (Mind, 124(495), 761-793, 2015) defends at length in a recent paper. According to one such modal account, the negation of a sentence is true at a world x just in case all the worlds at which the sentence is true are incompatible with x. Incompatibility is taken to be the key notion in the account, and what minimal properties a negation has comes down to which minimal conditions incompatibility satisfies. Our aims in this paper are twofold. First, we wish to point out problems for the modal account that make us question its tenability on a fundamental level. Second, in its place we propose an alternative, non-modal, account of negation as a contradictory-forming operator that we argue is superior to, and more natural than, the modal account. [ABSTRACT FROM AUTHOR]

Laplacian smoothing transform uses the negative diagonal element to generate the new space. The negative diagonal elements will deliver the negative new spaces. The negative new spaces will cause decreasing of the dominant characteristics. Laplacian smoothing transform usually singular matrix, such that the matrix cannot be solved to obtain the ordered-eigenvalues and corresponding eigenvectors. In this research, we propose a modeling to generate the positive diagonal elements to obtain the positive new spaces. The secondly, we propose approach to overcome singularity matrix to found eigenvalues and eigenvectors. Firstly, the method is started to calculate contradictory of the laplacian smoothing matrix. Secondly, we calculate the new space modeling on the contradictory of the laplacian smoothing. Moreover, we calculate eigenvectors of the discriminant analysis. Fourth, we calculate the new space modeling on the discriminant analysis, select and merge features. The proposed method has been tested by using four databases, i.e. ORL, YALE, UoB, and local database (CAI-UTM). Overall, the results indicate that the proposed method can overcome two problems and deliver higher accuracy than similar methods. [ABSTRACT FROM AUTHOR]

The New Code of Civil Procedure reformulates the procedural system, favoring the search for the standardization and stabilization of jurisprudence. Thus, although the Brazilian legal system follows the Civil Law, it is perceived that the procedural legislation seeks, in adopting the system of judicial precedents, to transmit to the juridical persons greater legal certainty. The present work intends to discuss how the precedent formation in the legal system will be analyzed, analyzing from this perspective its application by the Superior Courts, linked to the analysis of the need to respect the contradictory. It appears that the application of the system of precedents aims to guarantee greater legal certainty to the jurisdiction when making uniform decisions. [ABSTRACT FROM AUTHOR]