Criminal Law: Offenses Against Persons and Property
Crimes Against Persons
Sexual Harassment
An individual (typically male) who repeatedly, with lewd intentions, harasses another person of either sex, exploiting a position of hierarchical power derived from professional, educational, domestic, or any relationship involving subordination.
Sexual Abuse
A person (male or female) who, without consent and without the intent of intercourse, performs a lewd act on a person, forces them to perform a lewd act, or forces them to engage in oral sex through physical
Read MoreCompetition Law and Economics
Competition: Protection and Control
Protecting the Marketplace
Competition is essential for a functioning market. Therefore, it must be protected from harmful behaviors and activities. The definition of adequate economic protection (distinct from legal protection) varies across different regions.
European Trend (Since 1950)
W. Fikentscher proposed a triple function of competition law:
- Policy-Legal: Protecting the playing field in the market.
- Political-Economic: Protecting trade relations.
- Political-Social:
Comparing French and German Sales Contract Systems & Brazilian Law
French System
The contract of sale transfers the property immediately. The transfer of ownership occurs on the same day of the obligation, which is based on the contract. Even before paying and receiving the good, once the contract is signed, the ownership is transferred, and the good belongs to the buyer. Example: If a person signs a purchase and sale agreement for a car, whether they have paid for it or not, or even if the car has not been delivered, the buyer is already the owner. If a tree falls
Read MoreBrazilian Tax System: Key Taxes and Regulations
1. Import and Export Taxes
What are the functions of import and export taxes?
Import tax primarily serves an extrafiscal function, protecting domestic industry. Export tax is mainly an instrument of economic policy.
What is the taxable event of import tax?
The taxable event is the entry of foreign products into the country. For goods shipped for consumption, it’s the date of registration in customs.
Is import tax subject to the principle of precedence?
No, it can be increased during the financial year
Read MoreCrime Classification and Definition: Legal Perspectives
Concept of Crime
There are several definitions of crime: doctrinal, substantial, and legally defined. Sociologically, crime is a serious breach of social order, but this is a pre-legal concept.
Doctrinal Concepts
Each author presents their own definition, aiming to establish the moral and philosophical foundations of punishable offenses. Examples include:
I) Garofalo: Crime violates fundamental altruistic sentiments like piety and probity.
II) Francisco Carrara: Crime violates state law enacted to protect
Read MoreBusiness Structures and Classifications
Lempresari
A. Historical Development
Eighteenth century: The capitalist employer as the owner of the means of production (Adam Smith). In the Industrial Revolution, the lèpoca Lempresari is individual. Lempresari matches the owner of capital and handles mass production. Lempresari is defined as the individual who commits their ability to operate lempresa and faces the risk of the activity.
Eighteenth – Nineteenth century: The businessman as entrepreneur (Cantillon, Say). Cantillon is the person who
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