0000000000170057
AUTHOR
Nelson Rosenvald
showing 6 related works from this author
A união estável no Direito privado brasileiro
2019
From the 3rd paragraph of art. 226 of the Federal Constitution of 1988, it is possible to visualize the ?União Estável? (cohabitation), also called common-law marriage, as a fact existing between two people, of different sexes and free to marry, living together, as if married were characterizing a family entity. The lawmaker refrained from conceptualizing rigidly the cohabitation, leaving to the judge - in each concrete case - the task of analyzing it and recognizing it or not. Therefore, it is a factual situation, establishing an affective bond between a couple, intending to live as if they were married. Cohabitants is the expression consecrated in the Civil Code to designate the subject o…
A transexualidade no Direito Privado
2019
The fundamental right of transsexuals to be socially treated according to their gender identity originates from a wide array of civilizing conquests, which began by the recognition of dignity as an intrinsic value of every human being; they have passed through dignity such as the autonomy of every individual, having arrived at the constitutional duty of the democratic state to protect minorities. Because of this multi-centric point of view, the surgical act acquires a new meaning. Instead of clinical prerequisite for changing one?s civil registry, it has been converted into a phase of a long process of conforming one?s sex to one?s gender, progressively revealed in gestures, clothing and ho…
A responsabilidade civil dos menores no direito brasileiro.
2020
The Civil Code of 2002 made substantial changes in the system of extracontractual liability of the minors. There is a provision that allows their personal liability for damage caused by them. However, this liability is subsidiary and mitigated. The legislator set up this framework in order to conciliate human dignity and the protection of vulnerable people with the principle of full reparation. The conciliation is given by the leakage of extremes that only guaranteed dignity to the minors (if the outcome was the refusal of any compensation) or the victims (if the indemnity was total and strongly affects the assets of the minors). This is one of the innovations of the civil code that shows a…
Responsabilidade civil na área médica
2018
Medicine advances in a surprising way. Biolaw is affirmed at the confluence between law, medicine and ethics, and health is established as a fundamental right, as a projection of the principle of the dignity of the human person. Civil liability, of an originally pecuniary nature, individually and exclusively reparatory, starts to deal with existential goods, including metaindividual dimensions, prioritizing an ex ante prevention function, in the protection of the human personality. In the field of medical civil liability, the duty to protect and promote the best interests of the patient updates the discussion about the traditional precepts of the obligation to compensate: the renewal of the…
Aplicação no brasil da convenção sobre os direitos da pessoa com deficiência
2016
The International Convention on the Rights of Persons with Disabilities replaces the individual, subjective and medical paradigm of the person with mental suffering under the bias of segregation and neutralization of the factual situations with a social model inclusive of human rights, of the promotion of dignity that results in a transcendent turn in the condition of the person with disability, in two manners: a) ensuring access to fundamental rights (housing, health, education); b) reinforcing the private autonomy of the person with disability - even when under a curatorship - by creating and reformulating proportional and flexible legal models that are capable of preserving the space of …
O direito como experiência. Dos ?coronation cases? aos ?coronavírus cases?
2020
The objective of the article is to demonstrate how, over almost two centuries, English law has created a set of precedents that help us understand how the courts will possibly decide cases related to the COVID-19 pandemic