Navegando por Autor "RODRIGUES, Denis Leite"

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Direito natural (objeções e defesas)
(Universidade Federal de Sergipe, 2019-08) RODRIGUES, Denis Leite
The article deals with considerations about natural law, highlighting first the initiative, dating from the end of the nineteenth century, to retake it as a legal field, in the form of a discipline to be considered in law studies and as an effective part of the legal system. Then, based on typical doctrines of positivism, arguments against the effective consideration of natural law will be analyzed, trying to demonstrate their inconsistency.
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Estudo de caso: Museu Nacional (o tombamento e a judicialização de sua preservação)
(Universidade Nove de Julho, 2019-06) VERBICARO, Dennis; RODRIGUES, Denis Leite; RAIOL, Raimundo Wilson Gama
This article presents information on the judicial pretension of promoting the preservation of the National Museum. The judicial measures began in 1993 by means of a Public Civil Action, filed by the Federal Public Prosecu. It will be exposed its judicial process, passing the Appeal in the Federal Regional Court of the 2nd Region and by the Special Appeal, in the Superior Court of Justice. In addition to the doctrine about government protection of historical buildings (administrative process in which the National Museum was object), will be informed jurisprudence of the Superior Courts, linked to the problem studied here.
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Pessoa com deficiência e sua inclusão na instrução escolar
(Centro Universitário UNIFAFIBE, 2020-04) RODRIGUES, Denis Leite
This article aims to analyze school inclusion as a recognized prerogative for people with disabilities in general, and those with autistic spectrum disorder - ASD in particular. To this end, there are initially considerations concerning the principle of the dignity of the human being, an institute that is expressly provided for in the Brazilian Constitution (article 1, caput and item III), as one of the foundations of the Federative Republic of Brazil, and thus it ends up basing the whole homeland legal order. In the following, it will focus on the international and Brazilian legislation related to this theme, culminating with the advent of the Brazilian Inclusion Law (or Statute of the Disabled People), which will try to identify the gradual evolution of the concept of school inclusion and the extent to which the issue of international norms was decisive for the emergence of relevant Brazilian law. The research for the writing of this article was conducted through consultation with legislative and doctrinal sources, and, whenever appropriate, reference to jurisprudential considerations, as a way of reinforcing legal and doctrinal arguments. It may be concluded at the end of the foregoing considerations that, despite the generally unfortunate slowness difficulty of fully implementing the normative commandments concerning this range of prerogatives concerning persons with disabilities, there is a remarkable normative evolution, linked to this rights area.
Acesso aberto (Open Access)
Reflexões filosóficas e teológicas sobre o direito natural
(Instituto Teológico Arquidiocesano Santo Antônio, 2019-07) RODRIGUES, Denis Leite