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Vol. 4 No. 2 (2015)
This issue of ||civilistica.com that we now present to the reader is opened with a homage to one of the greatest law specialists of our time: Stefano Rodotà. In Prof. Maria Celina Bodin de Moraes‘s Editorial, with the title “Stefano Rodotà: past, present and future”, the Professor of the University “La Sapienza” is presented to the public through a panorama of his work and his path, both in academic and private lives. For those who did not have the opportunity to attend the lectures that were given by Prof. Rodotà on November 6th and 7th at PUC-Rio and UERJ, we also bring, in the section Selected Videos, one of those speeches, with the title “Talks with Stefano Rodotà: solidarity and common goods”. In Contemporary Doctrine, this issue’s articles pass by various private law and theory of law subjects, namely: “Notes on the Civil Liability of the Liberal Professional”, by Maria Celina Bodin de Moraes and Gisela Sampaio da Cruz Guedes, “Legal Certainty, Judicial Precedent and Brazilian Civil Law: Jurisprudential Prospects”, by André Luiz Arnt Ramos and Eroulths Cortiano Júnior, “Positivist Traits of Pontes de Miranda’s Theories: Influences of Positivism on the Positivist Science System of Law and the Private Law Treaty – a Path with Many Theoretical Nuances”, by Andréa Aldrovandi, Rafael Lazzarotto Simioni and Wilson Engelmann, “Interesse legittimo e potestà: al di là della comprensione del diritto soggettivo”, by Thiago Luís Santos Sombra, “When Dying in the Counterflow no More Obstructs Traffic”, by Maria Cláudia Cachapuz, “The Substantiation of a New Personality Right: the Right to Be Forgotten”, by Carlos José Cordeiro and Joaquim José de Paula Neto, “Functional Dimension of Moral Damage in Contemporary Private Law”, by Francisco Luciano Lima Rodrigues and Gésio de Lima Veras, “Post-Consumption Environmental Liability in Light of the Consumer Protection Code: Possibilities and Limitations”, by Danielle de Andrade Moreira, “Building the Right to Family Life of Children and Adolescents in Brazil: a Dialogue Between the Constitutional Norms and the Law n. 8.096/1990”, by Ana Carolina Brochado Teixeira and Marcelo de Mello Vieira and “Multi Parenting at the Succession Law: the Right to Inheritance from Biological and Affective Parents”, by Neiva Cristina de Araújo e Vanessa de Souza Rocha Barbosa. In Foreign Doctrine, we have the invited publication of “The Relation Between Constitution and Private Law: Their Consequences over the Interpretation and Application of the Argentinian Legal System”, by Mauricio Boretto and “Libertarian Paternalism Is Not an Oxymoron”, by Cass S. Sunstein and Richard H. Thaler, this one also published in Portuguese (translation by Fernanda Cohen). In the Translations section there is still Prof. Rodotà’s presence, with the article “Why is an Internet Bill of Rights needed?”, in a Portuguese version done by Chiara de Teffé and Bernardo Accioli de Vasconcellos. In the Classics section, we recall San Tiago Dantas, with the article “Brazilian private law. General aspects of its evolution over the last fifty years”. While analysing jurisprudence, Andréia Fernandes de Almeida deals with the role of affectio maritalis in civil partnership configuration. In this issue, we have chosen to review the book “The civilization of spectacle”, by Mario Vargas Llosa, a review done by Vitor Almeida Júnior.
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Vol. 4 No. 1 (2015)
The current issue of ||civilistica.com celebrates its new label by Capes’s Qualis as an A2 Law Review, which reflects the growth of a project steered by respect towards plurality, stimulus to dialogue, and continuous interchange between researchers of both national and foreign institutions. With this philosophy, we start our ninth issue with Prof. Maria Celina Bodin de Moraes’s editorial on the right of grandparents to visit their grandchildren and its possible limitations in favour of the minor. In national doctrine, we offer the reader contents of varied thematic, passing by consumer protection, with Ghisi and Pezzalla’s work on the treatment of consumers’ personal data and the system of Crediscore, by property law, with Terra and Guedes’s article on fiduciary alienation of immovable property as security, by biolaw, with Martinez and Belo’s study on personality rights in terminal patients, by the general theory of civil law, with Menezes’s analysis on the recent modifications in Brazil’s law protecting people with disabilities, and by Souza’s paper on controversial aspects of subjective legal situations. Lastly, we present Silva and Simioni’s article, which broaches the transversal theme of legitimacy of legal decision. In contemporary foreign doctrine, we are honoured by the contribution of Nuno Manuel Pinto Oliveira (on the sources of law) and Isa Filipa António de Souza (on the right to homoparental co-adoption), both Portuguese researchers. We have also the joy of sharing with the readers the studies of some invited doctrine: from England, Professor Ori J. Herstein’s article A legal right to do legal wrong; and, from Spain, Professor Tomás Prieto Álvarez’s article La intervención del Estado en la libertad individual: liberalismo, paternalismo, bien común. In the Classics section, we pay tribute to Giovanni Pico della Mirandola, whose portrait became civilistica’s logo, as he was the creator of Oratio de Hominis Dignitate, of which we bring an excerpt in Italian for our readers. Furthermore, we also bring Clóvis Beviláqua’s pioneer text on Constitution and the Civil Code. In the Legal Opinion section, we present once again a contract law lecture given by our eternal professor, Caio Mário da Silva Pereira. While analysing jurisprudence, Paula Moura Francesconi de Lemos Pereira deals with newborn protection on a case which involves the loss of chance and the use of umbilical cord stem cells, judged by the Brazilian Superior Court STJ (Recurso Especial 1291247/RJ). In this first 2015 edition, we have selected to review Do Erro à Culpa na Responsabilidade Civil do Médico: estudo na perspectiva civil-constitucional (published by Renovar Ed., 2015), by Eduardo Nunes de Souza. In our selected videos section we present a debate between the philosophers Noam Chomsky and Michel Foucault concerning human nature, and the Andrew Solomon lecture in which he broaches the studies that resulted in his book, also recommended, Far From the Three: Parents, Children, and the Search for Identity (published in Brazil by Companhia das Letras, 2013), in which the researcher recognizes and examines the existence of two types of identity: vertical identity and horizontal identity. We also recommend, in a certain way opposing to Solomon’s lecture – in which he defends the respect between parents and children – the documentary A Morte Inventada, concerning the baffling thematic of parental alienation and its resulting tragedies, and a trailer of this important work from director Alan Minas. Enjoy your reading!
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Vol. 3 No. 2 (2014)
This issue of ||civilistica.com is entirely devoted to comparative law. In the Editorial Note, by Prof. Maria Celina Bodin de Moraes, as well as in Prof. Richard Hyland‘s article, proximities and distances between civil law and common law are discussed. The notion of precedent is discussed in the article by Prof. Michele Taruffo. The article by Prof. Rodolfo Sacco investigates the treatment given to possession and property by various families of legal systems. Prof. Inmaculada Vivas-Tesón talks about the treatment of informed consent in an international perspective, whereas Prof. Maria Celina Bodin de Moraes‘ article discusses the protection of the human person in the Brazilian system, in comparison with the Italian law. In Classics, one can find the work that was responsible for the configuration of private law in France and, consequently, in the other countries of Roman-Germanic tradition: Les Loix Civiles dans leur ordre naturel, by Jean Domat. The reader will still find works on the civil liability of physiotherapists (by Gabriel Furtado), the reparation for the so-called positive interest in contract non-fulfillment (by Felipe Sztajnbok), the protection of privacy (by Kelly Baião and Kalline Gonçalves) and child and adolescent’s law (by Thaís Sêco). In jurisprudence commentary, finally, there is a study combining the invalidity of juridical transactions and the theory of venire contra factum proprium, by Marcelo Dickstein. Have a good reading!
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Vol. 3 No. 1 (2014)
This issue of ||civilistica.com begins its new (semestral) periodicity, with the purpose of seeing to the pre-requisites proposed by Capes (Coordination for the Perfectment of Graduate-Level Persons) for the perfectment of scientific publications in Brazil, as exposed by our Editorial Note. For that purpose, nothing would be more suitable than presenting an issue based on the dialog among many voices. We have the satisfaction of presenting the article Segni di valori, by Prof. Pasquale Femia, and, in this very issue, the comment made to that article by Prof. Pietro Perlingieri. In Classics, we present the work Fundamentals of the Metaphysics of Morals, by Immanuel Kant, fundamental to the construction of the theory of law, and, also in this issue, the review to that text, by Gilberto Miranda Jr. Two works published here derive from the collaboration between young and experienced authors: one about children’s publicity (by Diógenes Carvalho and Thaynara Oliveira) and the other about compulsory institutionalization of drug-addicts (by Joyceane Menezes and Maria Yannie Mota). We also have the honor to publish, by invitation, the articles by Prof. Giselda Hironaka on contractual principles and Prof. Carlos Edison do Rêgo Monteiro Filho on moral damages in labor relations. The reader will still find articles about contract law (by Lucas Vieira and by Geraldo Aquino Jr.), iura in re (by Marcelo Lima and by Gilson Ferreira), succession law (by Ana Luiza Nevares) and psychic and physical autonomy (by Ana Beraldo). In Opinions, a text by Prof. Maria Celina Bodin de Moraes on the expropriation for the planting of psychotropics and, in Jurisprudence Commentary, a study by Fabiano Magalhães on privacy, image and freedom of speech. Have a good reading!
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