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Working with the civil process law

The book above is the English translation of the book by Prof. Daniel Mitidiero, entitled colla ã in the civil case. Social assumptions, logical and ethical (Journal of the Courts, 2009), published under the seal of Communitas by José Monroy Juan Palacios. The book is based on the thesis that served to Prof. Mitidiero for the degree of Doctor of Law at the Universidade Federal do Rio Grande do Sul, and has been so great my enthusiasm and admiration along the way (makes some week I finished reading the second time), which simply could not help saying something on such a great job

The work is inspired by the methodological guidelines of formalism-value, set by the genius of Carlos Alberto Alvaro de Oliveira, but certainly goes beyond that. Indeed, it appears the transcendental influence of Constitutional Law at the Law Civil Procedure, not only in the areas of constitutional jurisdiction and Procedure Constitutional Law, "and emphasizes that the process is a cultural phenomenon, whose structure, function and objectives are closely linked with all that we call culture, demonstration of existence of a people.

(will expand soon)

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material, process and instrumentality: A presentation

process Instrumentality

In July this year, the editorial Law Gazette will launch a new subscription to Dialogue with the Court which, among many useful materials, is a collection entitled "Library of evidence." One of the books constituting the library is on civil law and civil procedure, and the development of the issues is, I think, quite innovative: it is focusing situations of law (such as adverse possession or divorce) from the problem offered by probanza in a judicial proceeding. I ordered the presentation of this book, and these were my thoughts.

"One of the insistent demands of contemporary civil procedure is that I can not think of himself as end, but in the thing which has been wrought: the effective realization of legal norms material. This is based on the advent of State Constitutional Law and, more specifically, a powerful phenomenon that revolutionized the way of understanding the procedural law, known that with the successful completion of the process instrumentality (understood as a procedural system) .

methodological separation of the planes of substantive and procedural law that occurred in the stage of the process (opened in Germany in the nineteenth century and reinforced by Chiovenda systematic school) was so great that the science of the process fell in absolute indolence meet the needs of the substantive law to be clamoring for effectively supervised, and everything to achieve its long-awaited legal autonomy as a discipline. But that is history. At present, there is no way to think about the process behind the great influence of the material right in your own settings and goals to achieve as a means of social pacification. Thus, in the words of Cândido Denmark, is a relativization binomial-process rights.

is why its institutions, categories and their operation, from setting the object in dispute, to disability and challenge, to the performance of the decisions (in short, the whole procedure), are conditioned to be constructed and implemented from a teleological perspective, so that the process becomes an ideal mechanism to resolve the crisis of law material. And, as is evident, an aspect that can not be ignored is the issue of probanza of the facts alleged by the parties, that is nothing but an uphill battle to assert their rights.

Significantly, the conception of the process as seen through the prism of the right material limited to regulatory benefits (creation of appropriate legislation by the legislature) or factual benefits (its ideal application by the court) it should also be a methodological model in the work of the jurist. Indeed, follow doing process from conceptual castles lack the perspective and instrumentality are futile attempts, a priori, fruitless. It should consider the process and the right-of-legal planes as two distinct and independent elements, yet inseparable and interdependent, connected by a link teleological.

This thought is present in all the works that make up the collective work that we present. The authors involved (these doctors Günther Beltrán and Jorge Gonzales Barron Pacheco, Marianella doctors and Ledesma Narvaez, Maria Elena Guerra, and Emilia Bustamante Cerrón Oyague) have shown their deep concern at the way various situations that occur in the tangible law are ventilated in the court process, from the perspective of the right concrete evidence.

It is no stranger to the test judicial causes great hardships in the day to day, both for judges and the parties. Certainly, it escapes the relevant constitutional right to prove as a manifestation of the right to a fair trial and, of course, the procedural rules that regulate the matter. Here the complexities come into play when testing the facts and, in the case of-court conviction obtained the evidence that are submitted to it, which is closely related to the difficulties in the exercise of rights materials of the parties in the process. Therefore, addressing these particular difficulties for the student of law can not mean anything a contribution to find a light at the end of the tunnel that is this world beyond the manuals and treaties, but inherent in the true experience of procedural phenomenon.

The themes from this concern by the authors mentioned are the adverse possession, the invalidity of the act, eviction, medical liability and divorce, respectively . In his analysis, as well as his deep knowledge on the subject, making use of a vast body of precedent and, of course, his own personal experience, allowing them to provide an overview illustration major trouble spots of the items developed, always from the perspective of the complex rules of evidence.

We are confident that this work will be of great use to the reader, who will find not only a clear statement on how to test, how contraprobar or prevented the problems that may arise in the different processes, but also an effort designed to reconcile the process with the protection of substantive rights. "

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Raptors. The definition of defeats and victories. The eclipse Jabulani.

I was told that a day like today, if not update this blog, you should bury it forever in a grave without a headstone, forgotten in time. It is probably true and probably the reason why I'm forcing myself to write.

This Sunday we had the first real contest with real numbers, in this presidential race. The award was not much: the radical Committee of the province of Buenos Aires. But it is not little at a time in which all are hungry for political definitions. Every journalist of every newspaper that is published in the country, either on paper or online, is similar to those condors cruising the cloudless sky with a few fluttering Cuyo deep, watching with eyes trained every detail of what happens on the ground. This is how, from any word, gesture or murmur that tracks (or seems to tracks) possible political definitions by the rush and tear candidate speeches, the texts, to pick up some words and take them to their nest , decontextualized, dismembered, as food for their young. No, not condors. The condors fly high and lonely. The more accurate picture would be the chimangos, flying at medium altitude and usually in groups. But the damage is done.

Here, at last, we were making real food. A good meal with all the ceremony. The list publicly supported Ricardo Alfonsin won against the list on the Vice President Julio Cobos. 58% to 42%, an enormous difference if we take into account that the losers from the traditional UCR while space is presented as Alfonsin faction of "change." Our dear chimangos

rushed like piranhas on goldfish and what remained after the transfer to the nest and the digestion is the conclusion that he had won Alfonsín Cobos. Now, finally, can fight head to head. I think this is an exaggerated opinion indigestion. While Alfonsin played all or nothing fully support the election and even "fighting" radical with the other arm, Cobos was isolated from the race. Any link, actually appeared in the classic news conditional sentences were not serious but could be related to the vice president with the loser list. In this way, win or lose is not affected at all because it was kept as the instance that is beyond the provincial conflict and stressed that, of course, his image as a national subject. Alfonsin, however, could lose and be buried in the manner already discussed above. Or not, given the time needed for the elections and how little people care about these short-scale electoral bodies.

Alfonsín winner, with a forgotten element in the political public image: the cigarette.

(photo by Diego Waldmann)

But he won his list, compared to the astonishment of all, and now all chimanguerío will be attentive to everything I say or do Alfonsin, in this strange relationship in which the same media attention gives public exposure to an individual who allegedly has the attention given his public exposure. Cobos can not be considered a defeat, but that leaves us with a debt of losers. Who were humiliated that afternoon Sunday? The answer has to be Leopoldo Moreau and Federico Storani, referring to the traditional UCR linked to Cobos. They are the provincial old guard, who were next to Alfonsin father but who are now suffering their offspring. Of course, I do not think that will arise who define the profile of the game but lose to a "new" local is a hard blow to the groin. The reasons can be many and many people are inclined to say that the similarity between father and son and the nostalgia of the population are the major causes of this phenomenon. But I think this internal gave these results both Alfonsin's a good campaign but a poor campaign and Storani Moreau, who may have believed that the fight would to be simpler. Only 120 thousand to 800 thousand radical party members were to vote, so probably many of these missing people are not mobilized by the list of "traditionalist", but that they had voted. Gone

everything and Alfonsin, as expected, called for unity in all directions: smarmy, socialists, Carrie ... Signs are already emerging in the social networks that proclaim a Alfonsin - Binner 2011. It's strange, because a year ago or more I thought it could be a possible list Cobos-Binner. The big problem I see in this wide call for the unity of what they call the Civic Agreement (which sadly reminds us to pastiches such as the Alliance), that I can not understand, is the approach to Carrio. Nothing good can come to associate with someone whose political capital is constantly given their tendency to wear constantly changing political alliances and friendships. Repels more than it can bind and, I believe, what might provide votes.

But nothing matters. NOTHING! Because in a few days the World Cup starts and is going to build a big black hole in politics and we'll all be paying attention only to the parties to the tune of "wooo oooo oo oo, oo ooo oooo oo uwooo, When I Grow Older, I Will Be Strong ...". I've been in Johannesburg at age 10 in 1995 I remember many things, among them being yo-yo playing beside a bonfire night at a dinner in the middle of the savanna of Kruger National Park, surrounded by an electrified fence to ward off wild animals. I remember the mountains of gold dust next to mine and new highways, and I remember the fear of white people out at night because blacks "were taking revenge for years of apartheid." 15 years past and it seems like yesterday. 15 years and those names sounded familiar to me now are on everyone's lips.

Finally, the World Cup, as the election occurs every four years. Since I can not vote given my Israeli citizen yet, I will exercise my other civil right and as a good citizen, I will get lost in the multitude of flags to disappear until within a month, when the eclipse generated by the new ball Jabulani dissipate entirely and we can look directly back to the harsh reality policy.

Eclipse Jabulani