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DOCTRINE TS ON COMPENSATION TO A MINOR WHEN BOTH PARENTS KILLED IN TRAFFIC ACCIDENT

The Supreme Court, Judgement No 294/2010 of 17 May 2010, establishes the case law regarding the compensation to be given to a child in cases of death in traffic accidents from both parents, without intervention of any other vehicle , and sets as a doctrine that death in the crash of both parents means that, pursuant to Annex LRCSCVM, compensation should be fixed including the family unit in the group II of Table I-victim without spouse, "when one of them is the cause of the accident, and is applicable factor Correction of the death of both parents in the accident referred to in Table II, even though one of them is the cause of the accident.

The Board considers the appeal against the decision which determined compensation to the child whose parents died in a traffic accident in accordance with the group I of Table I of the Annex to LRCSCVM-victim-spouse without applying the correction factor for the death of both parents in an accident in Table II, because no other vehicle was not involved in the incident, "considering that lacked coverage for damage caused by the death of the driver guilty of the accident. So, reference should be made to the Group II of the Table, ie, "victim without a spouse and children."

A) is discussed First, the group that must be applied within Table I of Annex with the update given in Resolution of 21 January 2002 the Directorate General of Insurance and Pension Funds, Table I of the Annex, which reproduces the basic allowances for death including moral damages.

arises first on the question of whether, pursuant to the valuation system of injuries suffered in a traffic accident set out in the Annex to LRCSCVM (often called "scale"), death in the crash of two parents, when one of them is causing the same, implies that compensation be fixed including the family group in group II in Table I (victim with no spouse) or group I (victim's spouse).

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B) The statement applies under review considers that the group I (victim spouse) relying on the principle that indirect damage suffered by the relatives of the driver caused the accident can not give rise to civil liability under the jurisprudence and, today, with Article 5 LRCSCVM regarding compulsory insurance underwriting.

This argument can not be accepted by the Board 2 nd of TS for the following reasons:

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1 º) The lack of coverage by compulsory insurance underwriting road accidents moral damages suffered by the death of the insured driver and only one involved in the accident has not only founded on grounds arising from the scheme of the insurance contract, but in the accountability system responsibility for damage, which means that, by matching the agent and the victim can not be imputed to the driver who caused the accident only caused damage to injured indirect death.

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The valuation system determines the amount of basic compensation for death, taking into account as an objective whether or not the spouse of the victim, but has no legal considerations about the existence or extent of responsibility of that spouse in the production of accident or imputed to him in damages.

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2 º) In the first group of Table I not set the compensation for the indirect injury caused to children by the parent who caused the accident, but the compensation due to them by the indirect injury caused by the death the other parent. To determine the importance of taking into account the objective circumstances surrounding this death and the presumed degree of moral damage caused by such. Thus, it serves fundamentally to the situation of helplessness and lower economic attention from the point of view of family assets for the child involving the absence of the other spouse, whatever the cause, including separation, which determines, to the extent that you will receive less attention and financial condition will not be compensated indirectly through recognition of compensation to the surviving spouse's custody and presumably receive protection.

This follows from the fact that, as evidenced by the SAP Madrid of December 13, 2001, cited by the court of first instance, the note accompanying Table I is compared to the absence of the spouse's legal separation situation expressly stating that it is circumstance that prevents the consideration of this absence, the fact that the legally separated spouse is entitled to compensation reduced.

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3 º) This interpretation is consistent with the principle of full indemnity, in the Annex, first, 7 of the Annex to LRCSCVM, under which the legislature may consider reasons not attributable to causes the accident to assess the intensity of moral damage, as occurs when setting "in appropriate, the survival of pre-existing disabilities "as a correction factor increases the proper compensation for permanent injuries.

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4 º) imputation circumstances accompanying the generation of strict liability as a result of the accident should be taken into account, as prescribed by LRCSCVM, to determine whether there is liability. However, once recognized responsibility, unless the legislature expressly or implicitly (as in the case of concurrent behavior), be taken into consideration the circumstances of the amount charged to graduate of compensation, as Article 1.2 LRCSCVM require inclusion in it, according to the assessment guidelines set out in the Annex, without qualification, "[t] he damage [...] foreseen, foreseeable or knowingly derived from event.

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truck loading CONTROL * Argentina - Tax Office, AFIP, implements new

Goods in transit are tracked by satellite

Buenos Aires, CABA, Argentina-Buenos Aires Herald -16 August 2010: - Customs Service on Thursday launched a Traffic Safety Initiative Customs for goods in transit by truck across the country, which involves the use of a seal (stamp) mail. The electronic seal will allow the Customs track real-time truck movements and take all appropriate measures if there are irregularities ... Customs services of Brazil, Paraguay, Uruguay, Chile and have been in contact with Argentina wondering how you apply the system ... The head of the AFIP noted that the volume of transit goods had risen by 63 percent this year compared with the same period last year ... operations falling under the new system will be recorded in the computer system Argentine foreign trade " Mary" with the code "TRAM". When Customs has considered carefully all the shipping documents, will authorize the carrier to place electronic seals on the trucks. Once in place, these are automatically activated and the event is logged in the system, "Mary" and Unique Surveillance Centre Customs (CUMA) ... Customs control the movement of cargo, the route followed by the truck and implement special intervention systems in response to alerts received .. . ( Mercopress Photo : Trucks on the Argentine-Brazilian border)

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Childbirth tears, school, Foucault and myself

"It's so mysterious the land of tears"
Antoine de Saint-Exupery


My daughter has not stopped to mourn for a couple of days. He says he thinks things sad and tears come out unintentionally. Says he's going to eat chocolate to see if it happens. I am looking for a huge box of chocolates, but I warn you that the only way to remove the sadness is in his heart that the chocolates do not help.

We ended up with the box of chocolates. She cries out. I cry inside. Wow

hidden, so that my children will not see me. I cry because my daughter cries I do not know what the reason. I'm an immature mother who cries. My son sees me with red eyes and asks me what's wrong. Allergy say. You sad, he says. Soon be four years.

My daughter wants to be a child again. He tells me he talked with a friend. He tells me in English so that no one understands. We translate the phrase my friend. My friend says they are normal reactions of a girl who is about to start school. He comes up unknown, requirements, responsibilities, "he says. I am an inexperienced mother who believes that the school is just the excitement of colors and cartridges, the smell of new notebooks and pencil sharpener.

Not that I know that school is repression. Foucault says that schools, museums, mental hospitals are places where "normalize" the other. And while the contemporary school creates a paragon of virtue in regard to respect for differences, the truth is that everything is more or less the same. The school is a machine that flattens the differences, destroys creativity, apart and separate. That I know, not Foucault but for myself, but when my daughter is only thinking about the thrill of tips to get 12 new colors and stick labels on the books.

Of course my daughter does not think of Foucault when she cries. Or think of me that I was a student very good but misunderstood, never a favorite of teachers, always sitting in last place to which many looked bad. My daughter may think in a very big yellow bus that will have to climb alone. A room full of desks with strange children. Some tasks that must be delivered on time.

Today we will put your name on each pencil, eraser, notebook. Today I will be wiser and not cry hidden. I will not cry at all. Today will comfort your fears when we eat another box of chocolates.

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Blame it on nostalgia

About 5 days or more came from Venezuela. I have not changed the time on my clock Venezuela. Yesterday at the pool a lady me asked what time it was and I made a sign saying that the clock did not work. She thought it was that I could not tell time on this language and I asked to see the clock did not need to talk. Came with your hips immeasurable, its sea of \u200b\u200bfolds and rolls, making a tsunami in the quiet blue of the pool. It came to me ready to twist my arm and watch the time on my watch. Lady - I said this clock is in another country. He stopped and she stopped the waters, the other mothers who bathe their children, other children, my children. My dear - I said - why have not rescheduled yet? I stared and did not answer anything.

Why have not rescheduled yet?

For nostalgia, surely.

For nostalgia I like all the chocolates that supposedly brought gifts. I eat them hidden, not even share with my children. For nostalgia I swaddled tequeños cooking rice with chicken, arepitas anise, I'm softening to prepare a rice beer. For nostalgia clean the house and dusted off the old ornaments that I was about to throw in my last start minimalist. For nostalgia bath my children in punch bowls, with a pool a few meters from the house.

The neighbor is complaining that I had not seen since I left and spoke of nostalgia and jetlag.

In short: that nostalgia is worth me to commit this kind of abuse.

And nostalgia is also true for writing me so little and so badly.

leave this link if they want to read me or listen in better times:

The excellent project The superdemocráticos "

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blog "Four Stories":

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And the best literary program of Venezuelan history can listen to my interview. Well "Listen" so to speak, because the truth is that I am novice in radio and talked all the time looking at my partners (two handsome!) And not the microphone (that was not anything cute!) Click to chemical.

I guess nostalgia is also an excuse to devote to self-aggrandizement.

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INFRASTRUCTURE * Brazil - Poor infrastructure leads the challenge between local and foreign companies

The state of transport infrastructure is particularly acute ...

San Paulo, SP, Brazil - Latin Business Chronicle by Economist Intelligence Unit (EUdeNA ) -2 August 2010: - Automakers can rejoice, but are million drivers who have to worry about driving on unpaved roads, as dangerously prevalent everywhere except on the main routes, and even many of them are full of potholes or need rejuvenation. The lack of infrastructure is one of the main reasons for low scores Brazil in the ranking of The Economist Intelligence Unit, the business environment , (based on 12 key criteria in operation of business). That puts Brazil 40 on a total of 82 countries, despite the expectation of some slight improvements in the coming years ... In our survey, nearly half of local entrepreneurs with international ambitions (49%) point to the "low-level or expensive infrastructure, like telephones, transport networks and public services" as the obstacle main operations, much more than select corruption, poor government administration (34 percent) or lack of qualification (32 percent). The state of transport infrastructure is particularly acute ...

Despite some improvements in logistics, transportation of goods by road is expensive. There are few railroads. And the potential of waterways remains largely unexplored. Ports and airports are always congested ... And this can add a quarter or more in cost of products to market, investors say ... Paltry 1 percent of GDP propuesas investments in infrastructure, while waning investment in the transport sector will not offset the deficit. Just over 10 percent of the road network is paved Brazil, and even these are poorly maintained. The exceptions are the main toll roads operated by private operators since the late 1990s, as the main highway San Pablo, Rio de Janeiro ... Just as the increasing use of cars (with 25 million vehicles on the roads now) more than 60% of freight is carried by truck, although this method is slow and expensive. Many fleets include vehicle owners aged drivers, and this makes it difficult for a company to develop an overview of your logistics needs ... The problem is that nobody has "end to end" responsibility for the logistics in the entire trip ... (Photos: Google Images & Claus Bunks - Brazil's congested ports and airports are congested, adding even more transportation costs. Here Guarulhos Sao Paulo and Santos)