• General 07.04.2020 Comments Off on Farm Guardianship

    Some stand out that it would be incoherent to admit the anticipated guardianship against the Public Farm for the fact of the double degree necessary to not only be about plus a prerogative, but also because of the values that involve the reverse speed of the supposed demand. Still in the procedural scope, with the edition of already cited Law 9,494/97, which disciplines the concession of the guardianship in face of the Farm can affirm that the legal system started to admit the concession of the anticipated guardianship against the Public Farm, since the legal devices mentioned above had only started to restrict its application, where weighs the pointed obstacles above. In the practical one what we witness it is that the Public Farm using to advantage itself of the prerogative foreseen in article 475 has supported that the anticipation of the guardianship against itself is not possible, therefore the effectiveness of a provisions in this direction alone would occasion effect if the decision of the court below will be ratified by the eminently superior agency. Since already I want to externar my contrary position to this. Under this aspect I will cite the main favorable doutrinadores its concession. Being to first salutar to bring to the light meal the lesson of ours illustrious professor of Cssio Scarpinella Bueno 5: ' ' The rule of law only can lock up criterion of functional ability, in nothing inhibiting the concession of any measure against the Public Farm, under penalty, for the same reasons displayed throughout this work, of not being able to prevail for violating, in each in case that concrete, the ample access to justia.' ' Already for Luiz Guillermo Marinoni 6, the right that if applies to the particular one, also must be applied to the Public Farm, duly warned to authorize themselves, despite for it saw indirect, breaking to the rights of the citizen, as to follow consigned: ' ' (…) if the infraconstitutional legislator is obliged, on behalf of the constitucional law to the adjusted jurisdictional guardianship, to foresee guardianships that, acting internally in the procedure, allow to an effective and timely jurisdictional guardianship, it it cannot decide, in contradiction with the proper principle of the effectiveness, that the citizen only has right to the guardianship accomplishes and timely against the particular one.

  • General 19.12.2018 Comments Off on Four Personalities

    THE FOUR PERSONALITIES It has four types of temperament: What it is easy to get angry itself and easy to pacify itself, its loss is compensated by its profit. What it is difficult to get angry itself and difficult to pacify itself, its profit is annulled by its loss. Nieman Foundation is open to suggestions. What it is difficult to get angry itself and easy to pacify itself, is the scholar. What it is easy to anger and difficult to pacify itself, is bad. It has four types between that if sponge, funnel, filter and bolter seat ahead of the Masters.

    Sponge is that one that absorbs everything; Funnel, what it receives from a side and it leaves to escape of another one; Filter, what it leaves to leave the wine and I splodge it holds back it; Bolter, what it leaves to leave the bran and holds back the flour. It has four types of pupils That one that it understands quickly and it forgets – its profit in a similar way is annulled by its loss. That one that has difficulty to understand e. difficulty to forget its per- of is annulled by its profit. That one that understands quickly but hardly it forgets – its portion is good. That one that has difficulty to understand but forgets easily – its portion is me. It has four types of attitudes between that they practise charity: What it wants to give and does not want that others give, is the envious one; What he wants that others give, but proper it does not want to give is the miser; What of and he wants that others give, it is the caridoso; What of and he does not want that the others give, he is the bad one. He has four types of comportame between that they frequent the House of study: What it frequents, but does not practise, rewards gets it for appearing; What it practises, but does not frequent, rewards gets it for the action; That one that it frequents and it practises is the scholar; That one that it does not frequent nor practises is bad.

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