Saggio 1: Licenza di importazione. OMC e Legal Smart Contract per controllare diritto e dovere nel commercio internazionale.

smart-contract-alex-garcias-oct-19-07

Legal Smart Contract – Alex Garcias

Saggio 1: Licenza di importazione. OMC e Legal Smart Contract per controllare diritto e dovere nel commercio internazionale.

Osservazione

Secondo l’Organizzazione mondiale del commercio (OMC) in materia di licenze d’importazione, si tratta di un contratto e una procedura che possono e dovrebbero essere semplici, trasparenti, sicuri e non un ostacolo al commercio internazionale. OMC – https://www.wto.org/english/tratop_e/implic_e/implic_e.htm

Una serie di accordi affronta varie questioni burocratiche o legali che potrebbero comportare ostacoli agli scambi. https://www.wto.org/english/thewto_e/whatis_e/tif_e/agrm9_e.htm#import

La linceza di importazione è importante per controllo di condizione di securezza sanitaria. Ma, è un ostacola al comercio internazionale?

Il sistema di licenze di importazione è vincolato da norme governative. Pertanto, se la regolamentazione governativa delle licenze d’importazione è primitiva e burocratica, l’intera catena industriale che utilizza questo modello per partecipare al commercio mondiale ne risente.

In quest saggio noi observiamo il sistema internazionale per controllo di importazione tramite lincenza di importazione.

Lo scopo è quello di osservare l’ecosistema esistente e i conflitti con i diritti umani e attraverso l’uso della tecnologia Legal Smart Contract, IoT, intelligenza artificiale, Machine Learning per presentare soluzioni al commercio mondiale, eliminando gli intermediari dall’intera catena di importazione dei prodotti e servizi.

Argumento

In che modo Legal Smart Contract può controllare diritti e doveri e sostituire le licenze di importazione?

Creazione di ecosistema per controllare diritti e doveri senza intermediari tramiti Internet delle cose, IoT, e Legal Smart Contract

Completo PDF: http://alexgarcias.com.br/Ensaios/Italian/smartcontract/Importazione/Saggio1-Legal-smart-contract-OMC-licenza-importazione-alex-garcias.pdf

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Alex Garcias, Dr. Doc. 0001510/19, Titolo: Saggio 1: Licenza di importazione. OMC e Smart Contract legale per controllare la legge e il dovere nel commercio internazionale. Ottobre, 2019. http://alexgarcias.com.br

Essay 1: Legal Smart Contracts – General aspects

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Alex Garcias – Legal Smart Contract

Essay 1: Legal Smart Contracts – General aspects

Observation

In the world, we have some methods to resolve legal conflicts. In any case, the ultimate goal of the governor to prevent private revenge in the centralized system is to send conflicts to the judicial system.

It is safe to say that the government has a monopoly of justice. Because the government, which includes politicians and political issues, controls the law and controls the judicial system as a judge, prosecutors and lawyers.

Every country has the same system for resolving conflicts. Every country, with rare exceptions, has a legislative system, judicial system, and executive system. They call this the ecosystem as “The Three Pillars of Power” in a Rule of Law Republic.

The Three Pillars of Power are evident as the main element of the centralized system for building laws in the legislative system, enforcing law in the judicial system, and administration by the executive system.

This means that the government has absolute control over the three pillars of power in the Democratic State. Absolute government control over the three pillars of democratic power does not represent the sentiment of the people. We often see inequality in countries. Inequality is the effect of the administration of the three pillars of democracy. Thus, inequality is a political effect.

The judicial system in many countries has the same problems, as follow:

  1. High cost for taxpayers;

  2. High cost to access the judicial system;

  3. Power abuse. Court officials, prosecutors, lawyers, the judiciary police;

  4. Inequality. The world judicial system pays more attention to the rich and less attention to other social classes.

  5. The time to resolve conflicts is longer;

  6. Inefficiency to resolve conflicts;

  7. Corruption;

  8. Racism;

  9. Political power submission;

The judicial system needs to evolve to be called fair.

Perhaps as we think of the judicial system we will remember the judicial system in the developed country. But we think of the judicial system in developing countries or the third world, fourth world, fifth world. How do people in those countries have rights and duties guaranteed in the judicial system? How they access the judiciary to resolve their conflicts that are Law and Duties between people? Just look at these people to see the evidence that their rights and duties are not respected by the State they are a citizen of.

There are many conflicts that do not need government or other intermediary intervention. The judicial system should be reserved for solving State problems regarding political agents and public administration. Thus, the judiciary must oversee and control the government and judge its action or omission against the people.

In the background, the judicial system must judge each person’s action or omission against human life and the State. The others are rights and duties such as the crime against material or immaterial property, domestic or international commercial conflicts, civil law, criminal law, except crime against human life among others, there is no need for access to the judicial system to be resolved.

It is common for companies to access the court system to resolve worker-related, unpaid, consumer law, real estate law such as renting, buying, selling. Many legal conflicts can be resolved without intermediaries and without access to the court system. Person to person, company to company. They can follow general law and resolve their conflicts without intermediaries.

With new technologies like Blockchain, IoT, Artificial Intelligence, Machine Learning, we can move from centralized to decentralized system to fix problems in the three pillars of the Democracy. In this essay, we look at solutions for the judicial system.

Argument

We consider that judicial system problem first:

Development countries;

Isolate places;

Legal Smart Contract can control rights and duties about person, company, government without intermediaries as judicial system, arbitration, mediation;

All human relationship about human rights and duties can be controlled by technologies such as Legal Smart Contract, Blockchain, Internet of things, Artificial Intelligence, Machine Learning;

Legal Smart Contract can control rights and duties and solve conflicts without intermediaries within seconds;

Legal Smart Contract is a common contract with special quality. Its quality is self-execution. When the ecosystem receives instructions between the world of facts and the virtual world, the rights and duties recorded in the Legal Smart Contract are fulfilled without human intervention, without intermediaries.

Complet – PDF: http://alexgarcias.com.br/Ensaios/English/smart-contract/1.legal-smart-contract-general-aspects-alex-garcias-oct-19.pdf

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Alex Garcias, Dr. Essay 1: Legal Smart Contract – General aspects, 2019, http://alexgarcias.com.br

Smart Contract. Linked. Blockchain

Alex Garcias | Advogados

Smart Contract Person

Developer: Solidity 0.5.11, HTML, CSS, Web3.js;

Observation:

This Yellow Paper resume the technical information about link between Smart Contracts. Each human activities has your own Smart Contract. Some human activities has more importance that others. So, is important too register some human activities in Smart Contract so solve conflicts without intermediaries. We suppose that the individual “Alpha” has one house, one car, one soon, one cat, one job, education, take care to health, travel and waste.

We build the Smart Contract to linked the important human activities. The first Smart Contract register the data about the person. Other Smart Contracts as buy, sell, rent properties are linked with the Smart Contract Person that Hash is the primary key of the Ecosystem. The same to Car.

If a person buys a car, the legal relationship between buyer and seller is recorded in the Smart Contract. The Smart Contract can transfer money, assets, property, anything, automatically, without intermediaries like lawyers, judiciary and banks. So when accessing the Smart Contract person’s Hash primary key the information is public, private, and sensitive data, with access level determined as public or private in the Solidity program, about the person connected to Smart Contract properties, cars. Thus, personal information and car information are recorded in Smart Contract and stored in Blockchain. The same to soon and parents.

The hash, children and parents, specific smart contract, are recorded in the smart contract and stored in the Blockchain. There is cross data information. The Id of offspring is registered in father, mother, grandfather, grandmother, brother, health, education and other human activities. In resume, read Blockchain Structure, is possible link Smart Contract to register all important human activities in the Blockchain, as follow:

Full doc: https://github.com/AlexGarcias/SmartContract/blob/master/ReadMe.md

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Garcias, Alex. Dr. Yellow Paper. Link between Smart Contracts. Structure, August, 2019.

Website: http://alexgarcias.com.br

Repository: https://github.com/alexgarcias

Company AGGreen Smart: https://github.com/aggreensmart | agg@alexgarcias.com.br

Company AGPirate Smart: https://github.com/agpirate | agp@alexgarcias.com.br

LinkedIn: www.linkedin.com/in/alexgarcias

Twitter @lexgarcias

Academia Science

https://independent.academia.edu/alexgarcia463

Open Corporate Capital by Crypto-assets

Alex Garcias | Advogados

Alex Garcias

Observation

In the world we have only one method Open Corporate Capital (IPO). The method is centralized. Countries have stock exchanges. If the entrepreneur wants to open Corporate Capital for his small or medium business, he should go to the centralized market and start corporate capital on the Stock Exchange like Dow Jones, NASDAQ and others in other countries.

That’s nice? Of course, it’s great Open Corporate Capital on Dow Jones or NASDAQ. But how many companies have the financial and technical conditions to Open Corporate Capital at Dow Jones or NASDAQ, as an example?

The Centralized Stock Exchange, like Dow Jones and NASDAQ, should consolidate companies with great financial capacity and excellent technical conditions. Because this is the centralized market rule for corporate IPO.

This truth is shown in the simple question: How many companies are registered in the government of your country? How many in your country are IPO on the stock exchange?

There is no doubt that the number of companies registered in the government is greater than the number of companies with centralized IPOs.

Cause and effect in the chain

What is the effect if all companies registered in the government open corporate capital in central Stock Exchange?

What is the effect if all companies registered in the government and registered in centralized Stock Exchange open corporate capital by crypto-assets?

Problem

The objective of Open Corporate Capital is to expose the company, profit and win investments. The Trilogy: Company Exposure, Profit, and Investment is the gas for any company or project. Without the trilogy, bankruptcy is the only way.

There is many companies and many people around the world that need investments, company exposition and profit for projects.

The centralized system cannot be accessed by all people and businesses. Only companies with large financial capacity, large technical support can access the centralized stock market such as Dow Jones or NASDAQ.

In this essay we look at the simple method to Open Corporate Capital by Crypto-assets as alternative to centralized Stock Exchange market.

Alex Garcias: http://alexgarcias.com.br/Ensaios/English/IPO/Open-Corporate-Capital-by-Crypto-assets-Alex-Garcias.pdf

Academia.edu: https://www.academia.edu/40074829/Open_Corporate_Capital_by_Crypto-assets

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Alex Garcias, Dr. Attorney. Research. Developer C#, Python, Solidity, PHP, HTML, CSS. Open Corporate Capital by Crypto-assets, August, 2019.

Web site: http://alexgarcias.com.br | https://github.com/alexgarcias

GitHub AGGreen: https://github.com/aggreensmart

AGGreen Contact: agg@alexgarcias.com.br

GitHub AGPirate: https://github.com/agpiratesmart

AGPirate Contact: agp@alexgarcias.com.br

Alex Garcias contact: contato@alexgarcias.com.br

LinkedIn: www.linkedin.com/in/alexgarcias

Twitter: @lexgarcias

Academia Science

https://independent.academia.edu/alexgarcia463

Brazilian electoral system

alexgarciaEleitoralSystemlawBrazil

Ciência Jurídica

Brazilian electoral system

The Constitution of the Brazil (or CF/88) brings de chapter about the political rights.

These rights are set out in articles 14 to 16 as a set of norms that regulates the performance of the popular sovereignty. Such legislation is unfolding article 1º, single paragraph, when he says that all power emanates from the people, who exercise it through elected representatives or directly.

Eligibility and eligibility conditions

Eligibility the right to nominate voters to a political mandate in the Executive branch or in the legislature.

Constitution of the Brazil (CF/88) in article 14, §3º, determine eligibly condition, as follows:

  1. Brazilian nationality;
  2. The full exercise of political rights;
  • The electoral enlistment;
  1. The electoral domicile in the circumscription;
  2. Political party affiliation;
  3. The minimum age of:
  4. Thirty-five years for President and Vice-President of the Republic and Senator;

Thirty years to Governor and Vice Governor of State and Federal District;

Twenty-one years for Federal Deputy, State or District Deputy, Mayor, Vice Mayor and Justice of the Peace;

Eighteen years for Alderman. 

Ineligible

The Constitution of the Brazil (or CF/88) article 14, §4º up to §7º and §9º.

Ineligible are the inalienable and the illiterate;

The President of the Republic, the Governors of the State and of the Federal District, the Mayors and those who have succeeded them, or who have been replaced during the term of office may be reelected for a single subsequent term. (Redaction given by Constitutional Amendment nº16/1997).

In order to run for other positions, the President of the Republic, the Governors of the State and Federal District and the Mayors must resign their respective terms of office until six months before the election.

In the territory of jurisdiction of the holder, the spouse and related relatives or relatives, up to the second degree or by adoption, of the President of the Republic, of Governor of State or Territory, of the Federal District, of Mayor or of whom there are within the six months prior to the election, unless he is already the holder of an elective term and candidate for reelection.

Complementary law will stablish other cases of ineligibility and the terms of its termination, in order to protect administrative probity, morality for the exercise of a mandate considered to be the candidate’s previous life, and the normality and legitimacy of elections against the influence of economic power or abuse of the exercise of function, position or employment in the direct or indirect administration. (Redaction given by Constitutional Amendment nº4/1994).

Only the State Union has competence to legislate on Electoral law.

The elected

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Export and import participants

Alex Garcia

Ciência Jurídica

Brazil: Export and Import law system

Export and Import

Exporter is one who ships or sells domestic goods outside Brazil.

Importer is the one that buys merchant outside of other countries to sell them in the territory of Brazil.

Regional market and market analysis

Regional market selection for operations, which includes:

Commercial viability;

Difference of change;

Purchase condition;

Prices;

Delivery;

Another form of negotiation;

Establishment business contact;

Law;

Effect distribution channel for trade in goods and merchandise.

According to the commercial customs confirmed the closing of the business, the same will be formalized in accordance with the legislation and Pro Forma Invoice with the description about parts information or qualification, descriptions of the goods and price.

The deal may be modified by the parties. Such as the model of sale, delivery, transportation, and any other condition relevant to the closing of the business and compliance with the legislation of the buyer and seller countries and international trade treaty.

Objective good faith will exist in every business. From start to finish the parties will be honest in the business relationship.

Basic exporter accessory obligation

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Brazilian Nacionality Rigth

Alex Garcia Silveira

Advogado Criminalista. Advocacia Inteligente

Nacionality Rigth

Concept of nacionality

The concept of nacionality is result of the link between people and territory.

We can say that born in the same territory has the same origin, the same linguage, the same customs and traditions as yours ancestors forming a socio-cultural based community called nation.

They are the Nacionals. They one who is born within the boundaries of certain sovereign territory.

So nacionality is link political and legal of the internal public law. That makes the person one of the component elements of the state’s personal dimension.

In Brazilian law the terminology nacionality and citizen are not equal.

National is the Brazilian born in Brazil or naturalized. That is, who has a political and legal link with State because birth or naturalized.

Citizen is the one who as all the political rigths. Right to vote and be voted In the Federative Republic of Brazil.

So we have two situations. Nationals and citizens. They’re not the same.

National doesn’t need to be a citizen. However, the citizen needs to be national, natural or naturalized.

Nacionality rigth

All state say who is your national. The form and base about the aquisition of the nacionality is constitution matter, even in those cases that it is considered in ordinary legal text or Infraconstitucional Law.

It is tradition to write in the Constitution the rules on nationality. In Brazil the right of nationality is material and formally constitutional. 

Primary and secondary nationality

The nacionality can be primary or can be secondary.

The primary nationality or nationality of origin is the result of the natural fact, the birth. Secondary nationality is to which it acquires voluntarily, after birth.

Ways of acquiring nationality

Ways of acquiring nacionality is State-to-State variable. But, in any one of them the primary nacionality is involuntary and the second nacionality is voluntary.

To determination primary nacionality, two observation:

  1. a) Blood origin criterion or ius sanguinis: It is the nationality in its blood link. It is nacionality. National descendant of the National.
  1. b) Territory criterion or ius solis: Nationality is attributed to those who are born in the territory of the State.

Constitucional source of the right nacionality

The model for the acquisition of nationality is provided for in article 12 of the Constitution of Brazil.

That article determine two groups with diferent legal result. The Brazilian nato, that corresponds to primary nacionality (Art. 12, I, Brazil Constituition/1988) and Brazilian naturalized, that corresponds to secundary nacionality (Art. 12, II, Brazil Constitution/1988).

The infraconstitutional law it integrates the constitutional device, mainly in the form of the acquisition of secondary nationality, loss and acquisition of nationality, legislation N. 6.815 / 8.19.1980 with change legislation N. 6.964 / 12.9.1981.

The brazilian nato or nation

The Brazilian Constituition determine who is entitled to the Brazilian nationality who is born in the Brazilian territory. The factor is of birth. Place of birth.

So say Brazilian nato, nation, is to say the one who is born in Brazilian territory.

The criterion is the ius solis. Birth in territory. However, other criterion are possible or used by Brazilian law to determine who is entitled to Brazilian nationality.

The observation of this legal device indicates the existence of three primary nationality situations, for the person to be regarded as Brazilian National.

Article 12. Are Brazilians:

I-Natos:

  1. a) The Born in the Federative Republic of Brazil, although foreign parents, provided that they are not in the service of their country;
  1. b) Those born abroad, of Brazilian parent or Brazilian mother, provided that any of them are in the service of the Federative Republic of Brazil;
  1. c) Those born abroad of Brazilian or Brazilian parent, provided that they are registered in a competent Brazilian division or are resident in the Federative Republic of Brazil and opt in any time after the majority of the Brazilian nationality; (Essay given by constitutional Amendment No. 54, of 2007).

II-naturalized:

  1. a) Those who, in the form of the law, acquire the Brazilian nationality, required by the originating in Portuguese-speaking countries only for an uninterrupted year and moral suitability;
  1. b) Foreigners of any nationality, resident in the Federative Republic of Brazil for more than fifteen years and without criminal conviction, as long as they require Brazilian nationality. (essay given by the constitutional amendment of revision No. 3, of 1994);

§ 1st to the Portuguese with permanent residence in the country, if there is reciprocity in favour of Brazilians, the rights inherent to the Brazilian, except the cases provided for in this Constitution are attributed. (essay given by the constitutional amendment of revision No. 3, of 1994).

Relacioned with the naturalized:

Ordinary naturalization

Those who, if the form of the law, acquire the Brazilian nationality, requerid by the originating in Portuguese-speaking countries only for an uninterrupted and moral reputation.

Originating in Portuguese-speaking: Portugal, Angola, Mozambique, Guinea-Bissau, Azores, Cape Green, Prince, Goa, Gamon, Dio, Macau, Timor.

Extraordinary naturalization

Foreigners of any nationality, resident in the Federative Republic of Brazil for more than fifteen years uninterrupted and no criminal conviction, as long as they require Brazilian nationality.

Legal Status Brazilian nato

The legal status Brazilian nato gives some advantages over Brazilian naturalized as the possibility of exercising all rights conferred on the legal order.

The difference between Brazilian and Brazilian naturalized is determined in article 12, 2, of the Constitution of 1988.

The law will not be able to distinguish between Brazilian and naturalized Brazilians, except in the cases provided for in this Constitution.

Legal Status Brazilian naturalized

The limitation of the Brazilian naturalized is only that provided for in article 12, of the Constituition of 1988.

The offices of: Brasilian nato privative

Chairman and Vice President of the Republic, Chairman of the Chamber of Deputies, President of the Federal Senate, Minister of the Supreme Court, diplomatic career, officer of the Armed Forces, Minister of Defence. Article 12, §3º.

It also private of Brazilian Nato the member function of the Council of the Republic. Article 89, VII.

Brazilian nato cannot be extradited.

Brazilian naturalized can be extradited, in the case of a common crime, practised before the naturalization or proven involvement in illicit trafficking in narcotics and related drugs in the form of the law. Article 5º, LI.

The naturalized less than 10 years can not be owned by the company of newspaper and radio broadcasting and sound and image. Article 222.

Loss of Brazilian nationality

Loses the nationality of the Brazilian who:

Its has cancelled its naturalization by judicial decision because of harmful activity to the national interest;

Acquire another nationality (Article 12, §4o,) – except in cases of:

Recognition of originating nationality by foreign law;

Imposition of naturalization, by the foreign standard, to the Brazilian resident in foreign State, as a condition of permanence in its territory or for the exercise of civil law (ECR-3/94);

Requisition of brazilian nationality

The one who had the naturalization cancelled can never recover lost nationality, unless the cancellation is undone by itself in court.

What you have lost by voluntary naturalization can reacquire by decree of the President of the Republic.

The one who lost pursuant to the previous constitution, 1988 may reacquire the nationality.

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Como citar: Silveira, Alex Garcia. Brazilian Nacionality Rigth. 1. São Paulo: 2017. Disponível em: alexgarcias.com.br

 

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