Right Duty

Such conclusion directly finds support in the transformations verified in the State contemporary – to leave of what the information passed to be seen as value, and the will as material element of the performance of the citizens. THE RIGHT OF IF INFORMING. It is a right of any citizen, excepted the sigilosos data of third, rank that interpolated proposition XIV of the CF/1988, alleges that the information and protected the secrecy of the source is assured to all the access, when necessary to the professional exercise and in the case of negatory, the habeas dates are the legal remedy for the solution of the problem. THE RIGHT OF BEING INFORMED. This right has as characteristic main a duty of the other being informed in any relation either it of consumption, either through the public agencies and in this direction Rizzato Nunes thus assevera on the substance: Basically great text establishes the duty to inform that it has the public agencies. In what it refers to the right to inform in general of the people and of the legal people with private legal nature, is the Code of Defense of the Consumer. that it establishes such obligatoriness to the supplier.

In view of Law N. 8,078/90, it is born as we saw of the determination constitutional that compel the one that is made the defense of the consumer, implanted in way to a series of principles, all interpreted and applicable of harmonic form, do not remain doubt of that the duty to inform only could be tax to the supplier (course of Right of the Consumer, 6 Ed. P. 98. 2011). If these principles were not enough to all constitutional and infraconstitutional, the citizen still faces barriers when she wants to get information for its protection. Inconceivable in the world contemporary who still if admits the enganosa information, the lack of information and the negatory one in yielding them.


Thursday, February 4th, 2021 News Comments Off on Right Duty

Brazilian Civil Code

The guard could be classified in common, only guard, alternated, aninhamento and be shared. Important to register that any that is the guard modality the ideal is that by means of it if keeps alive the relation of parents and children to allow the development them of affective bond, exactly after the dissolution of the conjugal life.

3.3 – Common guard common Guard occurs when ‘ ‘ the exercise of the guard is divided igualitariamente enters the genitors as result of the power familiar’ ‘ , when both the genitors coexist in familiar environment. 3.4 – Guard Only, divided or monoparental only, exclusive Guard represents the traditional system that, usually, invigorated as legal model until the advent of the Law n 11,698, of 13/6/2008, that it modified the new Brazilian Civil Code. He occurs when the separation happens or when the recognition of the son on the part of the genitor does not occur. In this in case that, the minor is under the responsibility of one of the parents, in fixed residence, receiving visits periodic from the other genitor. doctrine defends that the genitor not-guard ‘ ‘ it continues with some powers and duties it stops with its children, extremely reduced, but presentes’ ‘ .

Art. 1.583, with the new legal writing, foresee the guard unilateral, in the following terms, verbis: Art. 1.583. The guard unilateral or will be shared. (…) 2 the unilateral guard will be attributed to the genitor who discloses better conditions to exert it e, objective, more aptitude to propitiate to the children the following factors: I? affection in the relations with the genitor and the group family; II? health and security; III? education. 3 the unilateral guard compels the father or the mother whom it does not withhold to supervise the interests of the children.


Tuesday, January 24th, 2017 News Comments Off on Brazilian Civil Code