Brazilian Constitution

The same it occurs with the hegemonic paradigms of the Legal Science, that is influenced by the ideas of Discardings, responsible icon for promulgating the reducionista knowledge, with a conception mechanics of the man and the universe (BREADS; AMIN 2010). Thus, ' ' such knowledge ignores the phenomenon most important, that we can characterize of sistmico, the word system, organized set of different parts, producer of qualities that would not exist if the ones parts were isolated outras' ' (MORIN, 2000 P. 03). In Brazil, the positivismo was the model that prevailed and still it conducts the legal relationships for more than a century, since the promulgation of the first Brazilian Constitution in 1891, in which the deductive logical order of formal validity of Kelsen was express, an important positivista theoretician of Legal Science (BREADS; AMIN 2010). Macy’s Inc. wanted to know more. In this direction, the Right, for being essentially positivista, tends not to recognize the complexity of the phenomena, transposing this for practical its, what clearly it is perceived by the logic of the procedural course, which, necessarily, has that to point a victim and a male defendant, a required petitioner and one. The dichotomy between victim and male defendant, requente and required favors the formation of niches of judgments of value that sediment and plaster the papers of each one during the procedural course, beyond permear since the rite of the process until the sentence. This costuma not to promote the resolution of the conflict in itself, but yes and only the process. In this direction, the sistmica perspective, considers a change of the reducionista vision of the world and ' ' plantea necesidad of visualizarlo since joins integral, holistic perspective there (del griego holos – entero) con there finalidad, primero, of comprenderla adecuadamente, y en according to place, so that from esa comprensin, pueda to establecer un abordaje pertinent woollen situacin existing en searchs of solves y planteamientos adecuados to each 14 situacin concrete.

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Notarial Responsibility

However objective to evidence that, so that the Notary or Notary to be made responsible, if makes necessary to prove the parcel of guilt of the same in the elaboration of such acts, and that in case of objective guilt, he must have compensation to the third wronged ones, mainly if the guilt factor will be caused by the non-observance of the demanded legal rules. Such research has as justification to try a quarrel on the responsibility of the Notary or Notary who, in the condition to be serving public civilians, answer for the damages that to cause third, exactly that this is caused by omission, deceit or guilt, not being thus related professional impermeable to repay the people who are harmed by the rendering of services not carried through of conformity with the law. In this manner, basing in the conception of diverse authors and doutrinadores regarding the subject and evidencing one it searches dialectic, therefore it will search conflicting elements between two or more facts, to explain a new decurrent situation of the notarial responsibility in the will cancellation, and at the same time to demonstrate to which the penalties that the legislation brings to the notaries or Notaries, to point out as the responsibility of these professionals is important, and to comment which the particularitities that, the Notary or Notary has in what he refers to the obligation to repay the damages caused for its practised acts, mainly in the question will closed public and. Word-Key: Responsibility. Notary. Will.

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Aldir Minister

According to related Minister, as the insuring one did not participate of the harmful event, it will not be able to appear in the passive polar region, in the truth this could deals be called it is there then to become part in the process. In this same source complements Minister of the STJ Aldir P. Jnior its agreement: Diversely of the DPVAT, the voluntary insurance is contracted for the insured, not of third, luck that without its concomitant presence in the passive polar region of it deals, directly does not figure possible the demand intended for the victim against the insuring one. The conviction of the insuring one will only appear if proven that the insured acted with guilt or deceit in the accident, from there the necessity of integration of the contractor, under penalty, also, of restraining of access. 22 As agreement of the most illustrious Aldir Minister would not be possible the victim to directly petition action in face of the insuring one in view of that the same one did not participate of the insurance contract, being this an obligation between the insured and the insuring one.

So that it has the conviction of the insuring one, it would have the necessity of evidence of the guilt or deceit of the insured, what it would not be possible without this is party to suit. In such a way, the victim would have to enter initially with action face of the insured, who was who participated of the harmful fact, and fitting to this to call deals it to the insurer. .

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