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USURPADORA / INVASIONS

Encroachments or invasions, lies at the entrance to the force to set up a property and by their rightful owners, is usually done in order to supply a deficiency, in our Constitution of the Bolivarian Republic of Venezuela provides in article 115, the right to ownership, use, enjoyment and disposition of assets before 2005, was the only weapon he had property owners against invaders, which was general in nature and interpreted in different ways by the Constitutional Court of our country.

Through the continuous behavior in this regard, the Venezuelan state had to give punitive range of this behavior, since there was a gap in our legal system was on the reform of the Code Criminal contained in the Official Gazette No. 5.7868 of April 13, 2005, invasion or occupation of land illegal alien is considered a crime, ie, conduct punishable under the law.

is suitable to illustrate to the reader that this is a principle of retroactivity of the law, meaning that any conduct occurring prior to entry in effect, was not considered a crime, since the application of it, would violate the content of Article 24 of the Constitution of the Bolivarian Republic of Venezuela, as well as Article 2 of the Criminal Code.

The crime of usurpation (in practice Invasion) states exhaustively Articles 471, 471-A and 472 , with up to 10 years in prison, encompassing the instigators and perpetrators of crime. This offense has a special relation to others and having a permanent character consisting of a single infringement, to the legal right to be extended over time, may apprehend in the flagrant mode authors (Male and / or women).

That is the "ought" of the organs of administration of justice. Not to punish anyone, it would mean a deterioration, a weakening, most of which already exists, of the rule of law and justice which the Constitution must prevail in my country.

This type of behavior, are triggers for the destabilization of any political and economic environment, forming a plague that any government would want to avoid, is why through these lines like a spirit guide, while people occupying land or buildings must be removed from these areas, since they are active subjects of crime under the provision.

invaders, so to call them the same way or have the need to occupy more space to fill a need, but there are some who take advantage of the situation, using an abusive manner to children for shield for the consummation, becoming invasive office, immoral and unethical disguised red berets and acting on behalf of the revolution becoming enemies of the process.

In this context, I think the problem must be attacked in a structure from the different levels of government, and that these behaviors reflect a great need in the population to be taken into account by any court when a verdict, calling on relevant agencies to fulfill their duty.

"My rights end where it begins the rights of others."

Joseph F. Monaza M.
Graduated from the Universidad Nacional Experimental
"Romulo Gallegos" SUCRE
FOUNDATION MISSION Monaza17@hotmail.com
http://asesorialegalenvalledelapascua.blogspot.com/ .

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"Democracy."

.

DEMOCRACY.

"form of government, state organization, in which collective decisions are taken by the people through direct mechanisms or indirect give legitimacy to the representatives "

According to WIKIPEDIA

This term comes from the V century before Christ, which it has evolved over time here in Venezuela, you can remember that women were not taken into account in decision making, only men participated in the elections, as women, youth, did not play the decisive role in today's youth occurs actively in the political process, is to emphasize that democracy is not only confined to elections, but deals with a meaning beyond of what has been, of course the right to vote is one of the conditions necessary for the functioning of democracy in any country.

Democracy has to be seen, more human perspective, as a way of how to relate to all human beings, as it were "a way of life life ." In our country, still needs to be strengthened and not just see it as a form of government to elect or be elected to base its principles the validity of our Human Rights expeditiously.

In particular Seyyed Hussein share the view Nasr, (Iranian philosopher and essayist), which says that democracy has become a "prostitute " where everyone sees democracy from their point of view, if we like the government is "Democratic " and if we do not like this is "undemocratic ."

democracy in practice is a UTOPIA , I think that you will never get exactly what they say doctrines, because in this world there is no country or nation that can display a true democracy, but this is not to despair, against conformity is important utopia, we must continue developing the company for more or less than paper says "freedom, equality, fraternity."

Wisely Nelson Mandela said

"If there is no food when hungry, if there are no medicines when ill, if there is ignorance and not respected the basic rights of the people, democracy is an empty shell, even if the public vote and have parliament ".

There are many ways to see democracy, perhaps for some it is a right, other a duty, but honestly for you What is democracy?

Joseph F. Monaza M.

Graduated from the Universidad Nacional Experimental
"Romulo Gallegos" SUCRE FOUNDATION MISSION Monaza17@hotmail.com
http://asesorialegalenvalledelapascua.blogspot.com/

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threw in the towel and put in the ground ... Cross

Does anyone supposed herds Crow, capital school, college bs. as. and affiliates, miradaprofesional and unions could continue to resist open discussion?
Obviously not. They were treading water on all sides and were crumbling to pieces mounted to the circus take their slice of the cake at the expense of lies that could not sustain.
they threw in the towel ... and were organized in closed groups that does not leak anything and are not escaping the meek sheep ... But is failing and colleagues are rising little by little they began to open their eyes and realize who is who in the institutional reality of the profession.
And now? Where are those leaders arrogant and proud of light responses? Where are those web site owners (and also leaders) who are responsible for brainwashing the weak peers?
And if ... We had already anticipated ... The pot began to uncover ... And there is no alternative but serious discussion of all for the good of the profession ... Otherwise, the end of those who do wrong things and is known ... And beyond threats, targeted inspections or "recommendations" ... We are already so many on this side and on the other side are so exposed that will not serve any attempt at intimidation ... The die is cast ...

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turtle, crab and ostrich ...

All unions are already engaged in joint and at least try to 30% increase on the assets.
the union not only intrusive, taking captive the pharmaceutical field that pervades not competent to mess with professionals, but not even address by ensuring the viability of regular salary and says it's ridiculous and insulting to the pharmacist.
The issue is simple to explain. This union with whom he made "arrangements" is with schools and Cadeneros, so that Both were out "cheap" for pharmacists in a dependent relationship with employees in their pharmacies ... By the way are the meek in the herd is contributing its share registration, and incidentally also the union withheld (read: steals) the compulsory labor contribution. Typical
country living ... Typical "Creole resiliency" ... Typical ostrich profession our own, with colleagues who put their heads in the hole for fear of facing reality like few do ... Until just do not move, even as slow as turtles ... But that crabs in the area go back health ...

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LAW FOR PEOPLE WITH DISABILITIES. What

The content will address this opportunity will people with "disabilities" in which I had the wonderful opportunity to participate in a workshop on Thursday 13 January this year, the Cultural Complex of our city of Valle de la Pascua, I will make a sketch on the subject in which parameters are taken as the standards of a society whose ability is not within the average "Normal" is often considered a problem because the mood of society and the great lack of awareness.

A person considered disabled, is a human being and their real values \u200b\u200bin spite of its limitations or circumstances vital, is to reaffirm that the person with disability must be respected for being a person and have other capabilities that do not limit their humanity, allowing opportunities for development.

The Venezuelan State is bound by the Constitution to equality stipulated by law, to be effective, real and embodied in article 81 stating

"(...) the disabled person is entitled to full and independent exercise of their capacities and to integrate family and community and state institutions with society must ensure respect for human dignity, equality of opportunity and satisfactory working conditions and promote education, training and access to employment appropriate to their conditions. (...). "

LAW FOR PEOPLE WITH DISABILITIES (LPPCD) published in Official Gazette No. 38598 of January 5, 2007. Defines persons with disabilities as

"(...) are all those that present congenital or acquired causes some dysfunction or lack of capabilities for physical, mental, intellectual, sensory or combinations of them, temporary, permanent or intermittent (...) "

Its applicability for governing bodies and public and private bodies, within our territory, must add to their campuses work NO LESS THAN 5% of permanent disability, its overall dynamic, which may not oppose any argument that discriminates, condition or seeks to prevent the employment of persons with disabilities. Read well NO LESS THAN 5% paraphrase Domingo (one of the speakers 'disabled') if an employer, being a true revolutionary could use 40% or 50%, because the law imposes only a lower limit, the maximum decided by the employer.

Creation of the National Council for Persons with Disabilities (the "CONAPEDIS"). In Valle de la Pascua there is an extension, at the headquarters of the cultural complex where there is a record and track people with disabilities in our municipality, contributing to comprehensive care, learn about discrimination and to address situations to the competent authorities maintain a permanent record of people with disabilities.

LAW FOR PEOPLE WITH DISABILITIES , entered into force on January 5, 2007. However, in its transitional provisions provide that the agencies and entities of public administration and private persons shall conform to Chapter IV (Accessibility and Housing) of Title II (of the rights and guarantees for persons with disabilities) in a period not exceeding three (3) years counted from the first year of enactment.

to those who violate this rule is penalties ranging from thirty (30) and one thousand (1,000), tax units, so if you employer is not complying with this law, I recommend you apply it, not only because it will be sanctioned but will help a person "disabled" provide family support and it will add to the life of our society.

"Everyone is different."

Anonymous

Joseph F. Monaza M.

Graduated from the Universidad Nacional Experimental

"Romulo Gallegos" FOUNDATION MISSION

SUCRE

Monaza17@hotmail.com

http://asesorialegalenvalledelapascua.blogspot.com/

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JOB LINK MEDICAL PROFESSIONAL ME

The National Chamber of Appeals for the job, I think the fact that a medical, service and other tasks lend intituciones while he was tied to the defendant. This does not allow to conclude that professional work was only independently, as the exclusive tipificante not a note of the employment contract.

The chamber notes that the plaintiff could not derive the performance of the contract work to another physician, but had to be done personally.

This record was rejected the application at first instance, but the House Education revoke that decision, with full factual basis and according to law.

So always remember to consult a labor lawyer.

Www.laboralonline.com.ar

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Should Know About Divorce. Who can order

Divorce is simply the Marriage dissolution of the unit.

The institution of divorce is as old as marriage, although they admitted many cultures for religious, social or economic. Even talked to is indissoluble and more when they had children.

In ancient Babylon, where divorce could be sought by either spouse, but women's adultery was punishable by death.

In America, the Aztecs could only have one wife and it was called Cihuatlantli, and could only have a certain number of concubines, only the amount that would maintain. In this context, they were unaware of the divorce, but should be done by court order, which enabled them to remarry.

In Islam, men can repudiate their spouses to consecutively repeat the phrase "I divorce" (Talaq, talaq, talaq) three times.

Rome early in the divorce was a rarity, until the time of the emperors, where he coined the dictum "esse debent free marriage (marriages should be free) where the husband or wife could give it up if they wanted.

the Jurisdiction In Spain I judge he admitted in cases of sodomy husband induction prostitution of women and adultery of this. Seven games later banned.

The divorce has caused great controversy in predominantly Catholic countries, because the Catholic Church did not consider it possible to divorce the people until the early 80's of last century.

The Bible says, God recognizes that divorce is going to give even among His children. A believer divorced or remarried should not feel less loved by God, even if your divorce or remarriage are not covered under the clause may exception of Matthew 19:9. God often uses even the sinful disobedience of Christians to carry out a lot of good things. Sometimes God calls a person to remain single, so that their attention is not divided (1 Corinthians 7:32-35) . Remarriage after divorce can be an option in some circumstances, but that does not mean that this is the only option.

Once you know a little history about the divorce, in our legal system, which has its roots in all the above described accept divorce only in three cases;

a. Physical separation for more than a year.

b. De facto separation for more than five years.

c. Filing a claim for a divorce.

If you are not in any of these three situations, you can not divorce in Venezuela, but could get divorced in another country and if necessary, Venezuela requested in legal pass or "enforceability" of your divorce decree, this solution is widely used but does not work in all cases, since the Supreme Court should determine whether your divorce decree complies with the requirements of the Venezuelan law to be recognized in the country.

a. Separation of bodies for over a year:

If the couple agrees to separate, they may ask a judge to declare their separation. This application must be submitted in person by both spouses assisted by a lawyer of his choice.

Once granted the separation, husband and wife were released from the obligation to live together but remain married and be faithful to and respect, that means that neither husband nor wife can start a new romantic relationship because doing so may be regarded as adultery. also be obliged to succor if necessary .

If a year passes since the Court granted the separation and the couple is reconciled, either spouse or both may apply to become legal separation in divorce .

In most cases, this mechanism is the most recommended because waiting for a year helps to calm things down before reaching the status of a final divorce. On the other hand, during the year of separation some couples find a way to save her marriage.

b. De facto separation for more than 5 years.

Some couples simply stop living together without complying with any legal formality. If you're in that situation, I must say that has not divorced from the legal standpoint, therefore not entitled to marry again or have a new relationship until you actually get divorced. Additionally, if you die, your husband or wife may inherit part of their property.

If more than five years since their separation in fact, simply husband and wife come together in person before a court by a lawyer you trust and seek a divorce.

The main requirement is that both agree on file for divorce and that there is no factor which demonstrates the falsity of what they claim. For example, if less than five years of marriage, it is impossible to have five years apart, or have children under five years, the judge will assume that the time of separation can only be counted from the day after its conception youngest son.

c. Divorce.

works when one spouse does not want to divorce Or when it is impossible for couples to agree to use one of these mechanisms. A divorce is a very formal document in which one spouse, asking a judge to open a trial to determine if your husband or wife has committed serious misconduct or is unable to live in marriage. Venezuelan law allows only very specific in seven cases:

1. Adultery.

2. Voluntary withdrawal.

3. Abuse serious offenses or make it impossible to live together.

4. The attempt of one of the spouses to corrupt or prostituting your husband or wife or children or complicity in such an act.

5. Being convicted of a felony.

6. Addiction to alcohol or drugs, when this situation makes it impossible to live together.

7. Mental incapacity of one spouse because of severe psychiatric disorders make it impossible to live together.

If you think you can file for divorce alleging one of the above reasons let them know immediately to your lawyer who will consider the case in detail.

For some people neglect implies having physically left the house, while for others, a person who has lost all interest in your family or your partner and that from the point of view has ceased to carry emotional life in common, while still sharing commits abandonment residence.

Similarly, there are offenses that some people do not matter and others are so severe that living together is impossible.

Some people use a lawsuit as a way to continue their marital conflicts once the relationship has failed. Sometimes, these people include the children in this kind of endless conflict. When this happens, the use of justice services becomes a form of abuse. If this happens, a lawyer can defend their economic interests and civil but you can not replace a qualified therapist. Do not feel any resort to seek guidance for yourself or your children.

his attorney's fees are quite high and even so many lawyers do not want to take your case under the tension generated and the time required. Some lawyers will charge by the hour and others by the stage of a trial that will be met.

will have to pay all costs related to subpoenas, notices in the newspaper, expertise, transfer of witnesses, inspection and all that is necessary for the trial. No have the money for these expenses may make you mad. Much of the money invested in a trial does not recover in a reasonable time.

You should know that trials in Venezuela tend to last long, so be very difficult for your attorney to estimate an exact date for the completion of the case . Sometimes the trials last several years and some people are forced to accept disadvantageous negotiations due to financial and emotional exhaustion.

After divorce laws prohibit you from marrying some people:

1. With the brother or sister of his former spouse.

2. With the person who killed or tried to kill his former spouse, or their accomplices. This prohibition applies until judicially declared his innocence.

Recommendations.

not hire a lawyer who does not fully instills trust and sincerity between you and your attorney will be essential. Nothing forces you to decide on a lawyer without having consulted if more than one. Nor hire a lawyer if you do not fully understand how their professional fees will be calculated. You may request that conditions be set in writing.

Do your best to choose a lawyer residing in the city to be regarded as the last home of the couple, because otherwise you will have to cover costs related to travel and lodging for his lawyer to the city where the couple lived together one last time.

Trials in Venezuela took a long time, usually years. Personally I would not feel very confident if someone promises to the contrary.

If you have been the subject of divorce, should seek legal advice immediately.

Bibliography.

Constitution of the Bolivarian Republic of Venezuela.

Venezuelan Civil Code. http://es.wikipedia.org/wiki/Wikipedia:Portada .

De Sola Pate & Brown, Lawyers - Consultants.

Joseph F. Monaza M.

Graduated from the Universidad Nacional Experimental "Rómulo Gallegos" SUCRE

FOUNDATION MISSION Monaza17@hotmail.com
http://asesorialegalenvalledelapascua.blogspot.com/

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2011 Year Again ... But the same attitudes dictatorial coup silencing and always ... A very positive

We have noticed for some time now and so far behaviors responsibility of certain pharmaceutical sites theoretically "open" online where colleagues could (also theoretically) free speech, which show the clearest evidence of censorship when he tries to express is known that is not aligned in their ranks.

One of them of great importance (according to their self-promotion) in the province of Buenos Aires and the other as a place of "meeting" of colleagues autoconvocados nonconforming by the reality of the sector in the province of Santa Fe

" What commonalities and differences we can make?

The first one we know and have spent some time recruiting colleagues fragile nature and political position, as a restraint to calm the waters and entertainment, as a head wash to avoid further questioning inefficient leaderships say that today drive the direction of the pharmacy profession.

The second difference appears to be an escape route for complaints that generates such a grim reality of our beloved profession ... But everything is done anonymously ... It's amazing what fear can do, but it is an indisputable fact. The strange thing is that they prevent expression of that same channel to colleagues by name, as many are accustomed to handling. All this despite the fact that we who make up this modest group are not identified with any political faction or even having supported from the beginning to the initiative of self-summoned for this purpose. But ... enough to have issued any comment on any opportunity to criticize the modus operandi of the mother entity behind which are listed in the column, and for that we are totally censored from then on to express in this medium.

Now ... How does seem both sites?
Simple ... He who does not think like them or show some attitude of "rebellious" about what they advocate, is no longer welcome. In other words, or think like them or you're out, without a review.
Surprisingly (or not so) both groups are politically very close to Crow.
A's see ... What do we do agree on this? .. Intolerance, censorship, stiffness, dictatorial attitudes, thumbs downs, brainwashing, anonymous attacks, insults, threats, lying on ground strokes from the back ...
Yes, inevitably leads to the most tragic and sad time in our history as a country.
If we add up individual cases as they were lead to the antecedent (moral self-condemnation for not calling) to have been instigators and participants in making the school building in question and attempted forcible removal of officers on duty (not to call "blow") occurred several years ago ago.
The worst thing is when someone with no shoulders to bear it goes "ethical" or "morally correct" as those who once despised, abused and derided colleagues who work with the president claiming social work that these people are given, thus were rejected because they said they only wanted to pharmaceutical chemists because it was "right." Unusually few days after it is known that many of those abused colleagues were contacted by telephone by a known and faithful representative of this group to ask for support, signed by the early removal order (previously described) of the current authorities of the school. If unbelievable, but true ... Far can someone really unconscionable is unthinkable ...

Again we thank you and good use of the opportunity it gives us the simple fact be truly independent of all the powers that (is there anyone else?), And translate that wealth for the benefit of the profession ... How? ... as we always say CALLING THINGS BY THEIR NAME WITHOUT TIES.

At that fit is sac ... you put it ...

Happy 2011 to all pharmacists practicing law everyday with respect for others.

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Freedom or Detention?

Freedom is an inalienable right enshrined in Article 44 paragraph 1 Constitution of the Bolivarian Republic of Venezuela.

"(...) Personal liberty is inviolable thus:

1. No person may be arrested or detained except by virtue of a warrant, unless caught in flagrante delicto. In this case be brought before a judicial authority in a time not exceeding forty-eight hours from the time of arrest. Shall be deemed released, except for reasons determined by law and assessed by the judge in each caso. / The bail as required by law for the release of the detained person will not cause any tax (...) "

In fact order the release of an accused or any person, issue of deprivation of liberty the same or accused or protective measures referred to in the standard criminal adjective, in a purely judicial process, ie ONLY can do JUDGES in their functions and powers as appropriate.

is important to note that the Public Prosecutor's Office only has the power to apply measures deemed necessary depending on the severity of the crime.

In the case that law enforcement agencies arresting a citizen in an alleged commission of a crime these within the legal period must notify the Public Prosecutor's Office, and once it verifies the facts and determines that the detention is contrary to the Constitution and laws, it shall so inform the judge and request the immediate return reasoned manner of freedom.

This being the thesis, the prosecutor must obtain all the elements of proof to determine the responsibilities that would place the officials who conducted the said arrest.

As we read only the judge or magistrate has the power to order detention or release of any person within the legal budget.

the purpose of preventing illegal or unconstitutional arrests occur, it is necessary to continuing surveillance by the Ministry Public Prosecutors , not just merely having contact telephone ( if any) with law enforcement agencies when there is an arrest, where they can not determine a certain the facts so that any person arrested to make more effective prosecution must be adequately prepared to monitor and control, its subsidiary, arising directly when an arrest for running genuine zeal for the law and thus any way to prevent police abuses (Bribes, torture, etc.) victims everyday citizens.

Joseph F. Monaza M.
Graduated from the Universidad Nacional Experimental "Rómulo Gallegos" SUCRE
FOUNDATION MISSION Monaza17@hotmail.com
http://asesorialegalenvalledelapascua.blogspot.com/