Browsing by Author "Brasileiro, Aleksandro de Mesquita"
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Item Alienação parental à luz do direito brasileiro e a responsabilidade civil do alienante(Universidade Católica do Salvador, 2020-12) Sá, Raffaella Braga de Brito; Brasileiro, Aleksandro de Mesquita; http://lattes.cnpq.br/; Santos, Darlã ConceiçãoThis article will address the legal and theoretical aspects of Parental Alienation, from the perspective of Civil Law, especially the Civil Liability Institute, with regard to the possibility of indemnification for moral damages by the alienator, as a way to inhibit the practice and repair the damages arising her. It will also address the difference between Parental Alienation and the so-called Parental Alienation Syndrome, contextualizing them and explaining some psychological and structural consequences caused to victims. In another line, it will bring a jurisprudential analysis and the currently signed understanding of the possibility of indemnity for moral damages resulting from Parental Alienation and its quantification criteria. To develop the theme, the methodology used was bibliographic and jurisprudential research, in addition to the use of documentaries. The work has a multidisciplinary approach, passing through areas interconnected to law, which promotes better understanding and factual visualization of the problem.Item A audiência de conciliação como obstáculo ou ferramenta para o cumprimento do princípio da duração razoável do processo no âmbito das relações de consumo em Salvador(Universidade Católica do Salvador, 2020-12-04) Santos, Afonso Rios Araújo dos; Brasileiro, Aleksandro de Mesquita; http://lattes.cnpq.br/; Santos, Darlã Conceição; http://lattes.cnpq.br/Item A conduta criminosa do sócio e seu impacto sobre o patrimônio da empresa(Universidade Católica do Salvador, 2020-12-04) Saldanha, Vanessa de Brito; Brasileiro, Aleksandro de Mesquita; http://lattes.cnpq.br/; Santos, Darlã Conceição; http://lattes.cnpq.br/This article discusses the criminal conduct of the partners and subjects who are members of the organization and the impact to be supported by the company's assets, as well as aims to analyze the consequences of liability of legal entities, as parties, in Leniency Agreements signed before the Public Ministry Federal. To this end, bibliographic research in books, periodicals and jurisprudence is used as methodology, as well as documentary research and analysis of specific issues in the Odebrecht case in Operation Lava Jato. A documentary analysis supported the construction of the present work, which made it possible, after the presentation of the initial themes of the legal personality of the people of an organization and the identification of the criminal conduct that can be attributed to them, to further read the legislation that deals with the Agreements of Collaboration and its practical applicability in the case involving Odebrecht SA Completed as analyzes and discussion of the results obtained, it is clear that any and all criminal conduct must be strongly opposed and integrity and compliance policies, in the form of Compliance, must be incorporated into the associations as unavoidable principles in order to achieve the institutional objective.Item Guarda compartilhada: lei 13.058/14(Universidade Católica do Salvador, 2015-10) Almeida, Mariana Patrocínio Ramos de; Brasileiro, Aleksandro de Mesquita; UCSAL, Universidade Católica do SalvadorItem Limites para aplicação do CRAM DOWN em face do princípio da preservação da empresa.(Universidade Católica do Salvador, 2019-06-10) Gaspar, Joana Caroline Rabelo Gaspar; Oliveira Filho, João Glicério de; https://wwws.cnpq.br; Brasileiro, Aleksandro de Mesquita; https://wwws.cnpq.brLaw 11 ,101 / 2005 is a judicial, extrajudicial recovery and bankruptcy of the company in crisis. Judicial reorganization is a legal way of seeking the stabili ty of business activity. The debtor in crisis must present in a plan the viability of hi s activity. The judicial recovery is only approved by the Judge if the recovery plan has to be updated in the Law. Not being the case of approval by creditors, the busi ne ss activity is at risk. However, there is an alternative to rejecting the will of cred itors. This is t he legal institute of Cram Down, a measure that grants the judiciary greater powers to interfere and decide for the preservation of the company, even if t he recovery plan is not approved at the meeting by most of the creditors, as provided by the Law of Re covery and Bankruptcy. Of American origin is a more viable alternative to insufficient legislation. The method for development in the implementation of th e instituting for the recovery of subject is subject to arbitrary départ capement in d etriment of inte rest collective. Doctrine and jurisprudence are the sources of study of higher education already adopted in foreign laws, but, still, not prescribed in ou r law.Item A realização de inventário extrajudicial contendo menor e/ou incapaz como meio de desburocratização e consequente acesso à justiça(Universidade Católica do Salvador, 2020-12) Miranda, Pablo Rhuan Sampaio; Brasileiro, Aleksandro de Mesquita; http://lattes.cnpq.br/Item As relações de consumo no âmbito virtual(Universidade Católica do Salvador, 2020-12-04) Bastos, Igor Oliveira Menezes Bittencourt; Brasileiro, Aleksandro de Mesquita; http://lattes.cnpq.brThis article starts from the research question: How should accountability for product addiction be realized within the scope of virtual consumer relationships? The present article has as object of study the consumer relations in the virtual scope, analyzing in parallel, the history of the consumer law, the rise of the virtual means as main means of consumption and commerce, the legal relations, the modalities of electronic commerce, the vices and defects arising from such a relationship, in addition to drawing a parallel also with the increase in virtual consumption directly linked to the worldwide corona virus pandemic. The objective of this research is to observe the virtual consumer relations and if the Brazilian consumer is really protected with all his rights and guarantees granted by the Consumer Protection Code. Questions will be raised such as: How does the Consumer Protection Code apply to virtual consumer relationships? And how will the virtual supplier be held responsible? Such surveys will be answered later in this article. The article in a technical way was based on bibliographic research, and was based on reading articles, books and research. The article is qualitative, the author influences the article and is influenced by it, and it evaluates it according to its interpretation about the theme.Item A relativização do interesse público na hipótese legal de arbitragem nos contratos administrativos(Universidade Católica do Salvador, 2021-06-17) Santana, Murilo Leandro Santos de; Oliveira Filho, João Glicério de; http://lattes.cnpq.br; Oliveira Filho, João Glicério de; http://lattes.cnpq.br; Brasileiro, Aleksandro de Mesquita; http://lattes.cnpq.brThis paper aims to analyze the Institute of Arbitration in administrative contracts from the perspective of the principle of unavailability of public interest. In view of this, the aim is to assess whether, in general terms, there is or is not incompatibility between the Public Administration and the Institute of Arbitration and, if there are not, the limits of objective arbitrability in administrative contracts. In addition, it presents the diagnosis of the historical process of arbitration in Brazil and the origin of the traditional controversies on the subject. Finally, it is also highlighted, although there are still doubts that hover around the matter, as the specialized literature and the National Courts have unraveled the issue involving arbitration and Public Administration, as well as offering solutions that, therefore, have become himself object of legal device.