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
Read MoreBreach of Contract: Legal Remedies and Enforcement
Remedies for Breach of Contract
- 1. Petition or Action for Compliance (Acción de Cumplimiento): Legal Action to Require Contractual Performance
This is the legal remedy used by the creditor to demand the fulfillment of the obligation before the court. The creditor sues the debtor and claims their right by filing a complaint against the debtor. For instance, the lender demands the borrower to pay back the money.
- A total or partial breach, or a defective performance, is sufficient for an action for compliance.