MEDIATION OPPORTUNITIES IN CARTEL DAMAGES CLAIMS IN BRAZIL

The paper discusses the opportunities for the use of mediation in cartel damages claims in Brazil. For this, the paper discusses the growth of the private mediation market in Brazil as well as the art of choosing a consensual dispute resolution method and why mediation would be a suitable method in cartel damage cases. It than discusses cases in which cartel damages claims were filed in Brazil that could have benefited from mediation. Finally, it also discusses a global Dispute System Design case involving cartel damages claims (the Parker ITR case related to the marine hose cartel) and provides a forward looking view on private mediation in Brazil in cartel damages claims.Article信州大学経法論集 5(ブラジル・日本国際セミナー特集号) : 159-178(2019)departmental bulletin pape

WHY THE “HAVES” COME OUT AHEAD IN BRAZIL? REVISITING SPECULATIONS CONCERNING REPEAT PLAYERS AND ONE-SHOOTERS IN THE BRAZILIAN LITIGATION SETTING

Galanter’s speculations regarding the configuration and advantages of repeat players in the litigation game have been extremely relevant to understand institution, rules and actors in North American litigation, as well as the reflection on the limits and potentialities of a redistributive approach to judicial litigation. This essay attempts to read the Brazilian litigation landscape by also reversing the end of the telescope, as Galanter proposed, and focusing in the players of the litigation game. Such approach seems utterly relevant, considering that recent reforms have purported the urgent need to deal with growing caseloads of individual repeated litigation filed for or against repeat players by one-shooters. The idea is to better understand these reforms considering the role played by the different actors of the system. Though also a speculative essay, it is possible to infer that repeat players enjoy great advantages in the Brazilian setting and can influence judicial and procedural reforms in order to maintain and strengthen its capabilities of maneuvering a highly overloaded judicial system. The empowerment of one-shooters, one the other hand, relies on a redistributive approach to access to justice, prioritizing proceedings and structures that provide for an easier access and more adequate responses to individual claims involving such litigants

Altered monocyte activation markers in Tourette's syndrome: a case-control study

Background: Infections and immunological processes are likely to be involved in the pathogenesis of Tourette's syndrome (TS). To determine possible common underlying immunological mechanisms, we focused on innate immunity and studied markers of inflammation, monocytes, and monocyte-derived cytokines. Methods: In a cross-sectional study, we used current methods to determine the number of monocytes and levels of C-reactive protein (CRP) in 46 children, adolescents, and adult patients suffering from TS and in 43 healthy controls matched for age and sex. Tumor necrosis factor alpha (TNF-alpha), interleukin 6 (IL-6), soluble CD14 (sCD14), IL1-receptor antagonist (IL1-ra), and serum neopterin were detected by immunoassays. Results: We found that CRP and neopterin levels and the number of monocytes were significantly higher in TS patients than in healthy controls. Serum concentrations of TNF-alpha, sIL1-ra, and sCD14 were significantly lower in TS patients. All measured values were within normal ranges and often close to detection limits. Conclusions: The present results point to a monocyte dysregulation in TS. This possible dysbalance in innate immunity could predispose to infections or autoimmune reactions

Justiça federal: inovações nos mecanismos consensuais de solução de conflitos

Divulgação dos SUMÁRIOS das obras recentemente incorporadas ao acervo da Biblioteca Ministro Oscar Saraiva do STJ. Em respeito à lei de Direitos Autorais, não disponibilizamos a obra na íntegra.Localização na estante: 347.98 J96

Mediation and the judiciary: pre-conditions for the institutionalization of mediation within the courthouse

A questão central deste trabalho refere-se à institucionalização da mediação no âmbito do Judiciário e às condições necessárias para uma boa relação entre a mediação e o processo judicial. Esta questão foi analisada sob as perspectivas processual e institucional. A primeira recai sobre as bases do processo de mediação, em especial o devido processo legal mínimo, e a sua interação com o processo judicial, diferenciando a justiça do processo e a justiça do resultado. A segunda recai sobre o desenho dos programas de mediação que funcionam junto ao Judiciário e os papéis assumidos pelos diferentes atores que participam destes programas: juízes, mediadores, partes, advogados e funcionários dos Tribunais. Sob esta última perspectiva, foi realizada pesquisa empírica e comparada em programas de mediação que funcionam junto ao Judiciário no Brasil e nos EUA.The main issue of this work is the institutionalization of mediation within the Courthouse and the pre-conditions for having a good relationship between mediation and the Judiciary. This issue is analyzed from both procedural and institutional points of view. The procedural perspective falls on the mediation due process (minimal but meaningful due process standards) and on the differences between the procedural and substantial justices. The institutional perspective falls on the design of the Court-Connected Mediation Programs and on the roles of the players who participated in these programs: judges, mediators, plaintiff and defendant, attorneys, and Court workers. An empirical research was also done about the Court-Connected Mediation Programs in Brazil and in the United States

Litigiosidade, morosidade e litigância repetitiva no Judiciário: uma análise empírica

Divulgação dos SUMÁRIOS das obras recentemente incorporadas ao acervo da Biblioteca Ministro Oscar Saraiva do STJ. Em respeito à lei de Direitos Autorais, não disponibilizamos a obra na íntegra.Localização na estante: 347.97/.99(81) L776