Legal Acts and Facts: Understanding Their Impact on Rights
Legal Facts and Acts: An Introduction
Fact: Any event that occurs in the world and is perceived through the senses.
Legal Fact: An event that results in the creation, modification, or termination of rights and obligations.
Types of Legal Facts
- Natural: Events that occur without human intervention.
- Human: Events that involve human action. These can be further categorized as:
- Voluntary: Acts performed with freedom, intention, and discernment.
- Involuntary: Acts lacking one or more of the elements of voluntary
Authoritarianism vs. Democracy: Key Concepts and History
Authoritarianism
The attitude of those who exercise their authority over others.
Leader
A person who is recognized as a leader by a group.
Drop
To remove someone or something from its place.
Powers
Control, power, jurisdiction, or power you have over something.
Fascism
A political and social movement of a totalitarian nature that occurred in Italy, on Benito Mussolini’s initiative, after the First World War.
Nazism
A political and social movement of Pangerman, fascist, and anti-Semitic character.
Despotic
A
Read MoreUnderstanding Labor Unions: Formation, Rights, and Regulations
Unions, Federations, and Confederations
Article 356.- A union is an association of workers or employers constituted to study, improve, and defend their interests.
Article 357.- Workers and employers have the right to form unions without prior authorization.
Article 358.- No one can be forced to join a union or to refrain from joining it.
Any stipulation to establish a conventional fine in case of separation from the union, or that somehow invalidates the provision in the preceding paragraph, will not
Read MoreTermination of Employment Contracts: Causes and Procedures
The termination of a contract of work includes the discontinuance of its effects. The termination of the employment contract will always be causal (a cause must be pleaded). The causes of extinction are listed in Article 49 of the Workers’ Statute (LET) (mandatory law: it cannot be changed by collective agreement or individual contract). Some of them are developed in later articles. The effects of exposure can be grouped as follows:
A. Termination of Contract by the Will of the Worker or Causes Affecting
Read MoreCrimes Against the Administration of Justice in Brazil
Crimes Against the Administration of Justice: Articles 338, 339, and 340 of the Brazilian Penal Code
Article 338: Reentry of Expelled Foreigner
The crime defined in Article 338 of the Penal Code considers the following items:
- Crime Art. 338 CP is a crime itself. Correct, only an expelled foreigner can practice it.
- The factual premise of its configuration is the effective expulsion of the foreigner from the country. Correct.
- It is consummated with the simple reentry of the alien, i.e., entry into national
Understanding Penalty Fines: Types and Legal Implications
There are two types of penalty fines: fines and penalties, and days-proportional penalty fines.
Days-Fines Penalty
Sections 50 and 51 of the Spanish Penal Code
This system consists of two phases:
First Stage
Seeks to calibrate the penalty to the seriousness of the offense:
- Identifies penalty units (one month = 30 days, a year = 360 days).
- Follows the general rules for determining the penalty.
- Intended to be proportionate and appropriate in light of the seriousness of the offense or crime, i.e., the more