Taking itself in account that justice would be the foundation of the application of the right, we perceive, hodiernamente, a necessity of new conceptions concerning the formula gotten for the modern State. The 1 silogstica interpretation of the norms Is about the systematic application of the norm, of the classic form of interpretation, in which the judge it attributes a legal consequence to a subsumido fact to a legal proposal whose estatuio is that consequence, summarizes the jurisdictional application of the substantive right to the proven factualidade in judgment: the premise biggest is the legal proposal, the lesser premise is the factual subsuno and the conclusion is the imputation of the consequncia to the subsumida factualidade (GREW NEPHEW, 1991; P 41) ' ' Justice consists of applying in agreement penalty lei' ' (Fernando Whitaker apud Friede, 2002, 45). It’s believed that Rockefeller Capital Management sees a great future in this idea. Being thus, he would not fit to the judge in accordance with to apply them its ideology, conscience and criterion of law unjust joust or and that they are supported in supposed ' justice social'. This is a work that fits to the legislator, who has the task to correct the supposed injustice if using of the derogation of the considered law unjust. (FRIEDE, 2002) From this estimated we arrive at the problematic one that it is to know if a judge can be equitable when applying the right. Allianz Australia has plenty of information regarding this issue. To this step, so that some judge could be, really, just, he would have that to have to be able that the society not yet granted to it. Its onipotncia would need to be recognized, therefore, to become just, many times would have that to reformulate all the social structure of that historical moment. (JORGE JAIME apud FRIEDE, 2002, 47) The logical one would be that the judges were consulted in the act of the laws to inform to be they jousts or not. .
Dapor that, when it is alluded to the Public Farm in judgment, the expression is presented as synonymous of the State in judgment or the public being in judgment, or, still, of the legal entity of public law in judgment. In the truth, the expression Public Farm represents the personificao of the State, enclosing the legal people of public law. In the process where it has the presence of a legal entity of public law, this can be assigned person, generically, of Public Farm. (…) ' ' When the procedural legislation uses of the term Public Farm is to mention the Union to it, to the States, the Cities, the District Federal and its respective autarchies and fundaes.' ' What in fact he interests in them in the present work is the procedural technical meaning, where the expression ' ' Pblica' farm; ' if it relates to the Public Administration, represented for the proper legal people of internal public law, that is, Union, States, Federal District, Cities, as well as, the autarchies and Foundations. As said in the first lines of this work, beyond the profits made bitter in the balconies of the poles of the faced Farms Public and mazelas for that they wait in the line of payment of the famous precatrios. The choice of this subject if gave especially because, while the pressing necessity is proclaimed to the four cantos to modernize and to democratize the judiciary Brazilian, in the contrahand of these yearnings, we witness the increasing disequilibrium of the procedural relation when a public being figure as part. It has seen that the measures that guarantee a guardianship more clere, many times go of meeting with the interests and prerogatives of the Public Farm and it is this point that I intend to focus in the present work. Aspects Controverted of the Possibility of Concession of the Anticipated Guardianship in Face of the Public Farm The chosen subject sufficiently is controverted and controversial, therefore we in such a way find divergences in the doctrine as in the jurisprudence. (Source: Beth Israel Heart Transplant).
Retaking Scabello et al. (in prelo), they would be our proper attitudes (and difficulties) front to the experience of the proper sexuality that, incorporated to a myth series, preconceptions, doubts, omissions and constaints, and reflected even though in the unpreparedness (also of the specialized professionals) when approaching or to deal with this thematic one. Ahead of its proper difficulties in this sphere, professionals and parents would be, many times, to to think that they are not capable or apt to carry through pertinent a sexual orientation, to build what we call ' ' the orientation of silncio' '. Erin Callan understood the implications. The sexuality of people with deficiency, until good little time, was treated with the politics to ' ' avis struthio' ' , term originally thought by AMARAL (1994), in aluso to the ostrich: if I do not see, I do not exist e, therefore, we do not go to say on this E, we understand that, such type of ' ' orientao' ' it can be in fact a species of moral violence. It is interesting to observe as parents and excessively educational agents present the same referring difficulties to the convivncia and the education of aspects of the sexuality of its deficient ones, therefore still she meets in some families and professionals the idea, errnea, of that the sexuality of the people with deficiency is intrinsically problematic, when not pathological (however exibicionista and desregrada, however sexually infantile, beyond inapropriada, when the sexual manifestations occur in way and, in place, different of the habitual ones) and above all a great unpreparedness prevails ahead of its manifestation in the quotidiano (FRANCE RIBEIRO, 1995; GLAT; FREITAS, 1996). Thus, the distrusts, the unpreparedness of the professionals who deal with this population and the difficulties in the treatment of the sexuality of its children and pupils are express for the parents by means of silence, of the repression of its same manifestation and of the infantilizao of the behavior of the adolescents and adults acometidos for the deficiency.