Understanding Laws, Legal Systems, and Citizen Rights
Understanding Laws and the Legal System
What are Laws and Their Purpose?
Laws are rules that determine the rights and duties of all citizens. They specify correct and incorrect behavior and outline the penalties that can be applied to those who behave antisocially and do not respect others or common property. Laws adjust social life to criteria of justice or ethical guidelines and limit the power of institutions.
Different Types of Legal Rules
There are different types of legal rules:
- Regulations
- Ministerial
Understanding Legal Norms, Law Enforcement, and the Legal System
Regulatory Power and Law Enforcement
Regulatory power: The executive and other authorities issue legal norms to fulfill their functions. Regulatory power of implementation: To implement the laws. Regulatory power autonomous: To regulate matters outside the legal domain.
Law Enforcement Process
The process of law enforcement consists of:
Interpretation
- Formalist Criterion
- Historic Criterion
- Intentional Criterion
- Teleological Criterion
- Ideological Criterion
- Free Criterion
Integration
The procedure followed by
Read MoreAnnual Holiday and Permits: Understanding Your Rights
Annual Holiday Concept
According to the laws governing holidays, you can conceptualize it as a benefit which by law is given to workers with more than one year of service, to enjoy a break entitled to pay.
Annual Holiday Features
The holiday has the following features:
- It must be paid.
- It is continuous.
- It is waived.
- It is counted in days. (Art. 69: For the purposes of the holiday, the Sabbath will always be considered unqualified.)
- As a general rule, it is not compensable in money.
Basic Classification
Read MoreRegulations for Authorized Stalls and Alcohol Sales
Authorized Stalls
There is no violation of article 15.2 f) of the LVA as vendors are covered by their authorization. Guidelines to follow, depending on each municipality, would basically be:
- Ensure compliance with traffic closing shots in the area.
- Divided control of the parking lots (public traders).
- Ensure that authorization or a certified copy is displayed in a visible area.
- Check that the sale is made by the owner or authorized persons.
- Confirm that the location is allocated in the authorization.
- Timeliness
Brazilian Code of Criminal Procedure: Appeals
Article 581: Decisions Subject to Appeal
An appeal, in the strict sense, may be filed against the following decisions, orders, or sentences:
- I – That do not receive the complaint or the grievance;
- II – That conclude for the incompetence of the court;
- III – That uphold exceptions, except for suspicion;
- IV – That pronounce the defendant;
- V – That grant, deny, arbitrate, revoke, or deem bail unsuitable; refuse an application for probation; or revoke a decision to grant bail, jail, or release on own recognizance;
Bankruptcy’s Impact on Contractual Obligations
D) Effects on Contracts
a) A company may be declared bankrupt if it cannot fulfill its contractual obligations. The resolution of contracts concluded by a common debtor before the bankruptcy date is a principle with special force. This principle aims to maintain the validity of contracts.
b) The principle of maintaining contracts is not absolute. Bankruptcy can be a legal cause for contract termination. Parties may also agree to contract termination in the event of bankruptcy. Furthermore, the principle
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