Notes, summaries, assignments, exams, and problems for Law & Jurisprudence

PGE: Income and Expenditure of the Public Sector

PGE: income and measures with regard to public expenditure and the administration, based on economic objectives of public policy and the political budget.

8.2 - PGE Concept

The PGE can define the budget through the legislative act that authorizes the maximum amount of expenditure to ensure sound economic management during the PGE. The State general budgets are an annual instrument adopted by means of a law voted in the Cortes (parliament). They establish obligations that must be recognized by the State and its autonomous bodies.

8.3 - Characteristics of the PGE

• Financial: the PGE represents the income and expenditure of the public sector.
• Authorization and control: act of authorization and control

External Payment Methods in International Trade

The choice of external payment methods in international transactions often involves a trade-off: greater security typically results in less flexibility, and conversely, less security means more flexibility.

Essential Documents in International Transactions

Documents are crucial in international transactions and are often categorized into business documents, financial documents, transport documents, and insurance documents. Financial documents, directly related to formalizing payment and guaranteeing repayment, commonly include:

• Bills of exchange
• Promissory notes
• Checks

Key External Payment Mechanisms

Payment Orders

Payment orders are similar to bank transfers. Their use is common when there is a high level... Continue reading "International Trade Payment Methods: External Options Explained" »

Individual Companies

• Members: 1
• Capital: Low
• Liability: Unlimited
• Registration: Not registered in the commercial register
• Decision-making: Employer/Manager
• Administrative Body: Entrepreneur
• Capital Transfer: Not applicable
• Taxation: Personal Income Tax
• Advantages: Less paperwork, quick decisions
• Disadvantages: Limited support, potential personal liability

Civil Society (Public and Private)

• Members: Minimum 2 partners
• Capital: Low
• Liability: Limited or unlimited
• Registration: Not registered
• Decision-making: Employers
• Administrative Body: Employers
• Capital Transfer: Not applicable
• Taxation: Personal Income Tax
• Advantages: Support, quick to assemble
• Disadvantages: Requires partner agreement, potential liability

Mercantile Collective Society

• Members: Minimum 2 partners
• Capital:

Understanding Labor Law: Core Principles

Labor Law is the set of rules governing relations between employers and workers.

Key Characteristics of Labor Law

• Voluntariness: The employee must freely decide to enter, continue, or terminate the employment relationship.
• Dependency (Working for Another's Account): Work is performed for someone else, who receives the fruits of labor in exchange for remuneration. This excludes self-employment.
• Subordination: The employer directs when, where, and how the work is performed.
• Personal Performance: The work must be performed personally by the employee, who cannot be substituted.
• Compensation: All work activity must be compensated, excluding unpaid labor. The employee receives a salary, and the employer benefits

Attributable Breach

A breach of duty may be attributable to the debtor due to fraud, fault, or default.

Non-Attributable Breach

A breach is not attributable to the debtor if it is due to unforeseen circumstances or force majeure. As stated in Article 1105 of the Civil Code, no one is responsible for events that could not be foreseen and were inevitable (except in cases expressly mentioned in the law or obligation).

Causes of Breach

A) Attributable to the Debtor (Art. 1101 CC)

• Fraud (Dolo)
• Fault (Guilt)
• Default (Mora)

B) Not Attributable to the Debtor (Art. 1105 CC)

• Fortuitous Event
• Force Majeure

Note: Fraud implies malice, deceit, while guilt refers to negligence and carelessness.

Fraud (Dolo)

A conscious will to produce an unjust act (Definition within... Continue reading "Breach of Contractual Obligations" »

Collective Redundancies

Consultation with Worker Representatives

When contemplating collective redundancies, employers must consult worker representatives in a timely manner to reach an agreement. These consultations should explore ways to avoid or minimize redundancies and mitigate their impact through social measures, such as aid for redeployment or retraining.

Member States may allow worker representatives to consult experts, according to national laws and practices.

Information Sharing

To facilitate constructive proposals from worker representatives, employers should provide all relevant information during consultations. This includes written communication of:

• Reasons for projected redundancies
• Number and categories of affected workers
• Total number

Understanding Human Rights: Dimensions and Legal Frameworks

Defining Fundamental Human Rights

Human rights are those freedoms or powers inherent to any person simply because of their human condition, guaranteeing an inalienable dignity and life. Human rights can be analyzed from the following dimensions:

1. The Social Struggles: This dimension includes the fight of citizens to win political rights (e.g., during the Franco dictatorship), the struggles of indigenous peoples against multinational logging companies, or the fight for racial equality (e.g., in America and South Africa). Conversely, massacres caused by groups like the Nazis against Slavs, Jews, and homosexuals are tragic examples of human rights violations.
2. Philosophical Theories and Doctrines:

The Interplay of Law and Policy

3.1. Continued (See Diagram)

The Constitution arises from consensus, and its interpretation reflects political decisions. A democratic judiciary presupposes a democratic society acting upon the Constitution's democratic principles.

Democratic Constitutionalism: A Guarantor of Rights

Democratic constitutionalism safeguards rights and embodies popular sovereignty. The expansion of the judiciary, representing the legalization of politics, should not threaten the foundations of constitutionalism. While the judiciary's power has grown, it must operate within the Constitution's boundaries. The Constitution defines these judicial limits. The legalization of politics in Brazil poses no threat to the Constitution, given

Core Legal Concepts and Definitions

Law is defined as a set of rules and principles governing life between people and assuring a common welfare. Labor Law is what governs the relationships in a company among the employer and employee. Natural Law is the set of principles designed for the universal validity of human reason.

Sources and Hierarchy of Law

Defining Sources of Law

The sources of law are the origin of any juridical rule: the basis for the elaboration of existing rules and legal rules which are of mandatory application.

Legal Hierarchy

The Civil Code establishes the hierarchy of the sources of law. The sources of law, in order from highest to lowest importance, are:

1. Law
2. Custom
3. General Principles of Law

It is also necessary to consider case law... Continue reading "Understanding Core Legal Concepts: Sources, Powers, and Persons" »

Preparation and Adoption of the State Budget Law

The preparation process requires government approval and subsequent submission to Parliament (Article 134 EC). The development blueprint is the material or mechanism (Art. 36 LGP), based on the Official Memorandum (OM) issued for that purpose, proceeding in three stages:

1. Partial Drafts: Developed by the various ministries and other bodies by May 1st.
2. Draft Law: Based on the partial drafts.
3. Approval: Approval of the bill by the Government and then by Parliament, accompanied by extensive documentation.

Parliamentary Approval Phases

The approval in Congress is dealt with first, with preferential processing. The phases are:

1. General Debate.
2. Debate in the Budget Commission: Consideration of amendments.
3. Final