Curso De Processo Civil Volume 1 Luiz Guilherme Marinoni E Outros Topics: PROC CIVIL. Collection: opensource. Language. Parliament, justifying the draft of that Code, Professor Buzaid said “O projeto está dividido em cinco livros. Among others: Luiz Guilherme Marinoni, Teoria geral do processo. do projeto de Código de Processo Civil ( Brazilian Civil Procedure Code Project justification), n. PDF, accessed in 25th, Curso de Processo Civil: Execucao - Vol.3 [Luiz Guilherme Marinoni] on Amazon. com. ligados à execução, sem deixar de vinculá-los à teoria geral do processo. O diferencial do volume 3 do Curso em relação a outros livros similares está.
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Baixar Teoria Geral Do Processo - Volume 1. Coleção Curso De Processo Civil - Luiz Guilherme tioplacsubhesu.ga · Baixar Treinamento Funcional .. Ensaios de Sociologia do Mercado de Trabalho Brasileiro tioplacsubhesu.ga Adalberto Moreira Cardoso. 9 LUIZ FUX A CLÁUSULA GERAL DO ACORDO DE PROCEDIMENTO NO . LUIZ GUILHERME MARINONI AMICUS CURIAE, REPERCUSSÃO GERAL E O .. aSDPT #FSOaSEFT EF Teoria do Fato Jurídico (Plano da Existência) FE 4ÍP deve fazer é retificar o projeto, para incluir no Livro V da Tutela Antecipada. 1° DO CÓDIGO DE PROCESSO CIVIL: UM NOVO MODELO PROCESSUAL PARA ). a confirmação de repercussão geral pelo Supremo Tribunal Federal no país uma base de dados referente aos livros de direito mais da teoria nos São Paulo: Juruá, MARINONI, Luiz Guilherme; ARENHART, Sérgio.
In this transitional period in history, from an industrial world to the information age, sovereign and disciplinary powers are being supplanted by widely distributed controls which increasingly generate dominions connected to large corporations. These corporations end up assuming powers previously organized within States.
In this world knowledge is a direct source of wealth and power in a manner completely distinct from other periods in history. Aaron Swartz is one of the major victims of the war surrounding so-called intellectual property.
Aaron was found hanged in his New York apartment on January 11, His death, currently held to be a suicide, occurred during the intense battle that the young programmer and cyberactivist was waging with the courts and the police in the United States. Accused by the government of infiltrating computers to supposedly release copyrighted academic articles, he could have been sentenced to 35 years in prison.
Federal prosecutors in the US sought an exemplary conviction to compensate for various defeats suffered in the battle to reduce the sharing of digital files on information networks. With his life interrupted at the age of 26, Swartz, considered an Internet genius, was the co-author of RSS Really Simple Syndication when he was only Aggregating the content of sites that are constantly updated, RSS is widely used on the net by both large gateways and small blogs.
The idea of sharing culture, knowledge and information was from that very moment present in the actions of the young Aaron, who combined a great passion for freedom with a refined expertise for the development of collaborative network solutions. In , Swartz began working with the World Wide Web Consortium W3C , an international community that develops open standards with the goal of guaranteeing the growth of the web.
Maintained by a non-profit organization, the Internet Archive project works to build a digital library of Internet sites and other cultural artifacts in digital format. Just like a traditional library, it offers free access to its files on the net to researchers, historians, academics and the general public.
In November , Infogami merged with Reddit, a site in which users can vote on links to appear or disappear from the front page. His work looked to translate what would be the fundamental traits of the so-called hacker subculture, which arose in the United States in the s, decisively influenced by the North American counterculture.
Levy clarifies the ethical pillars of hacker collectives in the following passage: Access to computers All information should be free Mistrust authority — promote decentralization Hackers should be judged by their hacking, not bogus criteria such as degrees, age, race, or position You can create art and beauty on a computer Computers can change your life for the better. LEVY, , p. An aficionado for source code and the sharing of intellectual challenges that he could overcome.
Aaron Swartz never seemed worried about making money. Following his short life, one notices that, for him, the greatest wealth was in collaborating in the creation and dissemination of knowledge. What is most interesting is that supporters of private ownership and file-share blocking could never make the claim against Swartz that his defense of sharing was the fruit of technical shortcomings or technological inferiority, which feeds much shadowy and prejudiced rhetoric.
Swartz had impressive intelligence and creative capacity. In , he utilized a script that automated the download of more than 2 million documents from PACER, the website on which all United States federal court documents are stored. Swartz used his program to get around the payment system, allowing free access to the texts, which were public.
Because of this, the FBI investigated him.
However, since no formal complaint was registered, his case was shelved. Proposing a civic insurgence against the privatization of knowledge — which for him came from a collective construction, emerging from what was common — Swartz in released the Guerilla Open Access Manifesto, which clearly outlines his ideology of freedom of access to cultural and scientific resources. The following excerpts clearly demonstrate the kind of guerrilla Aaron was proposing: Information is power.
But like all power, there are those who want to keep it for themselves. Want to read the papers featuring the most famous results of the sciences? We need to buy secret databases and put them on the Web. We need to download scientific journals and upload them to file sharing networks.
We need to fight for Guerilla Open Access. Will you join us? Aaron Swartz July , Eremo, Italy. Free access and exchange of knowledge constitute part of the so-called hacker culture. It inspired thousands of other software developers dedicated to sharing, such as Richard Stallman, the founder of the free software movement.
It is notable that all of these developers believe in the utopian possibilities of the democratization of access to information and in the importance of the free flow thereof.
Hackers were therefore subject to semiotic attacks by the media, who depended on the advertising revenue of the source code industry conglomerates. Furthermore, studying the way that hackers were seen by the mass media, Sandor Vegh noticed that after September 11, , there was a change in the discourse.
Hackers, who had been depicted as common criminals, came to be described in the news as cyberterrorists. Despite this scenario of growing persecution of hackers and activists, Swartz deepened his role in defense of transparency and the sharing of knowledge. In , he founded Watchdog. In , he was one of the co-founders of Demand Progress, a collective dedicated to political reform of the government and civil liberties activism.
Cybernetic technologies operated by software made digital networks viable. These networks covered the planet and became indispensable to the daily life of a large part of society, making communication a structural element of social, economic, cultural and political processes. But digital communication is a form of communication mediated by software. Cybernetic, informational society, which can be seen as a society of control, has in software its principal media.
Researcher Lev Manovich was very astute in affirming that, just as electricity, the machine, and combustion made industrial society possible, it is software that makes global informational society possible. Software, seen as media that guarantees the growing digitalization of social activities and practices, is not apparent to this same society. Its role is not clear, much less evident.
Seen as akin to any other technology, and presented by the market as merely a product, software contains source code that defines it and determines what it is capable of doing. Meanwhile, software has the power to completely determine our communication. Its design, its functions, operations and interfaces are defined by the programmers that create and maintain it.
This code, in general, is closed-source and incomprehensible to those that use it. This is something obscure, lacking any transparency. For the software market, it is this opacity of the code for its users that makes up part of the intellectual property rights of its creators.
The mainstream software market was structured around a model of remuneration of property based on the denial of access to the knowledge of its logically nested routines. It extends to the bodies and essential codes of the species. It is in the fusion of various disciplines with Biology and Computer Science that biotechnology, nanotechnology, and genetic engineering arise.
As Adriano Premebida and Jalcione Almeida point out: With the influence of cybernetics, a live organism is treated like an information system, with an extensive history of adaptation, able to be both interpretable and executed by molecular biology. Biological life is part of modern power strategies and currently these strategies also focus on genetic information. Thus we witness the proximity of Microsoft and Monsanto, or Pfizer and Oracle, in their business models.
Blocking free access to scientific knowledge is a profound concern for large corporations. And that is exactly where Aaron Swartz was vigorously involved. On January 6, , at 24 years old, Aaron was arrested for electronic fraud, computer fraud and unlawfully obtaining information from and recklessly damaging a protected computer.
Specifically, Swartz was accused of downloading 4. According to the report, Swartz bought a laptop in and registered on the MIT network under a ghost username. He was accused of going to a room containing networking equipment and hiding his laptop behind some equipment so that it would not be found.
He thus circumvented existing blocking and filtering mechanisms via the direct connection to the servers, successfully executing his downloads. The police report describes how Swartz, as he went to recover his laptop from its hiding place, had his bicycle helmet clearly filmed, despite using a mask to cover his face. However, JSTOR itself recognized that the downloaded content was not used, transferred nor distributed. But, for government representatives, mass downloading many articles from academic journals constitutes a hacker crime and should be punished by imprisonment.
The interesting part is that Swartz, as an MIT student, had free access to any of the articles that he downloaded. The criminal attitude was the use of a script to download many articles.
The United States federal prosecutors sought an exemplary conviction. They wanted a sentence of 35 years and said they were acting to discourage copyright violation.
Congress in January of These proposed bills sought to block U. Furthermore, companies in the United States would have five days to block access to such sites. The stiffening of intellectual property legislation and the shadowy activities of the copyright industry are an attempt to gain control of the sources of creation and knowledge.
The case against Swartz is a legal aberration, since the only consistent accusation was over his intention to release academic texts on P2P networks for free downloading. Aaron wrote a handful of basic python scripts that first discovered the URLs of journal articles and then used cURL to request them. Many people around the world noted the truculence and arbitrariness being practiced in order to block the sharing of cultural goods and knowledge.
The battles do not appear to be cooling down.
The possibilities for collaboration, interaction and digital file exchange will continue to grow if the Internet continues to be open, not proprietary, and not submitted to the telecommunications infrastructure controllers. Still, the copyright industry articulates its next steps to turn cultural goods and symbolic expression proprietary, as if they were limited resources.
Governments, such as the United States, coordinate treaties and laws to subjugate the rights of all citizens to the defense of intellectual property. Yes, Aaron was a major victim of this war.
But millions of young people do not live and have never lived under proprietary licenses. There no longer seems to be any doubt that one of the principal conflicts of the twenty-first century centers around the sharing of knowledge and cultural goods. Techcrunch, October 31st, Last accessed: May, Protocol: how control exists after decentralization.
Cambridge, Mass. Rio de Janeiro: Campus. LEVY, Steven. Hackers: heroes of the computer revolution. New York: Penguin Books. Software takes command. Ciberativismo, cultura hacker e o individualismo colaborativo.
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For many foreign systems of justice that have borrowed the Roman legal legacy, the axiomatic principle is to divide jurisdiction into contentious jurisdiction contentiosa and voluntary non-contentious jurisdiction voluntario. This has been noted in many articles included into this book. Dependent on the country, legal regulation of voluntary jurisdiction may be assigned to the domain of substantive, procedural, public or private law.
Thus, it is closely related to the social security law, the imperative rules of civil law and family law. Often, non-contentious cases fall within the competence not only of the judicial authorities, but other public authorities as well, or the notaries. The scope of legal literature dedicated to the problematics of the voluntary jurisdiction is vast, and the interest to this subject of jurists and practicing lawyers from all over the world is quite high, and has been high for several centuries now, evidence of which is provided in the chapters of this book, describing the history of voluntary jurisdiction development and containing the main literary sources.
Most of the categories of voluntary jurisdiction cases, on the contrary, are of explicitly imperative and public nature ensuing from the need to protect public interests.
This is justly highlighted in many Chapters of this book. For instance, in Germany, some contentious cases family cases are being considered within the realms of the voluntary jurisdiction.
The above tradition is mostly characteristic for the countries with the Roman system of law, and the countries affected by the Soviet law. Information on the present-day legal regulation of voluntary jurisdiction in different countries may be of interest not only to the jurists, but also to politicians planning to reform this area. The recent reforms in Spain and France are aimed at relieve the judicial system of non-contentious cases. For instance, in France, it is planned to transfer mutual consent divorce cases into the competence of the notaries.
The proposals on vesting in non-judicial bodies the authority to consider non-contentious cases are also being discussed in Russia. Presently an approximately hundred non-litigious procedures exists in Hungary and the number of legal acts regulating these procedures is nearing sixty.
One of the mostly used is the order for payment procedure which has been comprehensively reformed in Because of the importance and innovative solutions of the Hungarian order for payment procedure special attention was paid to it.
The new law established an electronic procedure, which renders it possible to shorten the length of the procedure significantly. Beside the detailed examination of this specific procedure the authors synthesize the general characteristics of the non-litigious procedures in Hungary and highlighted the main differences from controversial jurisdiction procedure.
The legal effect and the possible legal remedies of the different procedures were also scrutinized. The paper provides statistical data about the Hungarian system of non-litigious procedures too.
Based on this definition, voluntary jurisdiction proceedings are proceedings regulated by the State and aimed at disposing of legal matters2. Allgemeiner Teil. Teil 2 Titel 1. However, in due course, jurisprudence has discarded both distinguishing features with reference to the fact that there are such voluntary jurisdiction proceedings where adversarial hearing does take place and some orders made in certain voluntary jurisdiction proceedings may give rise to substantive legal effect.
The same pragmatic approach dominates German academic legal literature too.