Victor Luna | UFJF - Federal University of Juiz de Fora (original) (raw)
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Papers by Victor Luna
Objective: This research seeks to investigate the ethic and the legality of the National Immuniza... more Objective: This research seeks to investigate the ethic and the legality of the National Immunization Plan against Covid-19 (PNI) and propose criteria for obtaining justice in the vaccine distribution. Methodology: The study uses the theoretical-deductive method to conduct a qualitative research with analytical and propositional approach, through the use of indirect sources of research as scientific texts and normative frameworks. Results: The study concluded that the criterion of special responsibilities was partially adequate, which would imply the priority availability of immunizations to health professionals, since that they are limited to those who work in the fight against the pandemic or in actions in defense of life. It was the base for the prioritization of sanitaryly or socially vulnerable groups, which corresponds to the criterion of imminent death. It led to the perception of the validity of the protection of some professional groups, to the criticism of the lack of specification of criteria for the preference of others,
The article investigates Administrative Law from the perspective of Legal Post-Positivism, a juri... more The article investigates Administrative Law from the perspective of Legal Post-Positivism, a juridical and philosophical movement that sought to reconstruct Legal Positivism through a critical re-reading of its main institutes. From the contributions of Alexy (2015) and Dworkin (2002), the work analyzes the traditional institutes of legality, administrative act and public service. Under the deductive method, the investigation focuses on updating the classic institutes of Administrative Law mentioned on the basis of the theoretical framework adopted. A qualitative research was carried out through the use of indirect sources, highlighting the revision of the national administrative literature. The paper concludes by the need of updating some of the main classical administrative institutes according to the Federal Constitution of 1988 and proposes new conceptual schemes for their interpretation. KEYWORDS: POST-POSITIVISM. ADMINISTRATIVE LAW. FUNDAMENTAL RIGHTS. INTRODUÇÃO Com o fim da Segunda Guerra Mundial e o surgimento de uma disputa de natureza política e ideológica no período da Guerra Fria, as relações entre Estado e Sociedade passaram por mudanças substanciais, tendo em vista a necessidade de recuperação dos países tanto na esfera econômica quanto política, além da busca de um modelo de repactuação social que impedisse ou, pelo menos, limitasse o avanço do potencial destrutivo bélico daquele período.
Objective: This research seeks to investigate the ethic and the legality of the National Immuniza... more Objective: This research seeks to investigate the ethic and the legality of the National Immunization Plan against Covid-19 (PNI) and propose criteria for obtaining justice in the vaccine distribution. Methodology: The study uses the theoretical-deductive method to conduct a qualitative research with analytical and propositional approach, through the use of indirect sources of research as scientific texts and normative frameworks. Results: The study concluded that the criterion of special responsibilities was partially adequate, which would imply the priority availability of immunizations to health professionals, since that they are limited to those who work in the fight against the pandemic or in actions in defense of life. It was the base for the prioritization of sanitaryly or socially vulnerable groups, which corresponds to the criterion of imminent death. It led to the perception of the validity of the protection of some professional groups, to the criticism of the lack of specification of criteria for the preference of others,
The article investigates Administrative Law from the perspective of Legal Post-Positivism, a juri... more The article investigates Administrative Law from the perspective of Legal Post-Positivism, a juridical and philosophical movement that sought to reconstruct Legal Positivism through a critical re-reading of its main institutes. From the contributions of Alexy (2015) and Dworkin (2002), the work analyzes the traditional institutes of legality, administrative act and public service. Under the deductive method, the investigation focuses on updating the classic institutes of Administrative Law mentioned on the basis of the theoretical framework adopted. A qualitative research was carried out through the use of indirect sources, highlighting the revision of the national administrative literature. The paper concludes by the need of updating some of the main classical administrative institutes according to the Federal Constitution of 1988 and proposes new conceptual schemes for their interpretation. KEYWORDS: POST-POSITIVISM. ADMINISTRATIVE LAW. FUNDAMENTAL RIGHTS. INTRODUÇÃO Com o fim da Segunda Guerra Mundial e o surgimento de uma disputa de natureza política e ideológica no período da Guerra Fria, as relações entre Estado e Sociedade passaram por mudanças substanciais, tendo em vista a necessidade de recuperação dos países tanto na esfera econômica quanto política, além da busca de um modelo de repactuação social que impedisse ou, pelo menos, limitasse o avanço do potencial destrutivo bélico daquele período.