Legal Statutes Research Articles

Apparatuses of Denunciation, Neoliberal Governmental Rationality, and the Potential for a Fascist Turn

Abstract This article explores the sociopolitical causes behind the proliferation of the apparatuses of denunciation in Turkey in the 2010s, and the escalation in the number of citizens denouncing their fellow citizens. These developments have taken place within an international context marked with the initiation of similar campaigns in core capitalist countries (e.g., the United States, United Kingdom) in the post-9/11 period mobilizing citizens to watch for suspicious behaviors that potentially signify “terrorist” activities. In Turkey, the Communication Center for the Office of the President, police hotlines/websites, community policing networks, neighborhood heads, the night-guard system, and legal statutes enabling denunciation are parts of these apparatuses. The article argues that the mechanisms of denunciation surfaced as part of the “security states” that emerged in the late 1990s under the dominance of neoliberal governmental rationality that encompasses components creating a fertile sociopolitical fabric both for the materialization of fascist tendencies and a preference for denunciation as a governmental technology. Accordingly, the apparatuses of denunciation in Turkey emerged at a point where the “security state” constructed by the Justice and Development Party government in its second term (2007–11) delivered a fascist turn within the context of the 2008 global financial crisis.

The Reconstruction of Subjectum Litis in Term of Reflections on Constitutional Dissolution of Political Parties

This legal research aims to examine the awarding of political parties currently in force in Indonesia through the Constitutional Court and provide a conclusive elaboration on the comparison of the dissolution of political parties in Indonesia with Germany and Slovenia. The respect for all aspects of human rights has become the obligation of every people in citizen, including respect for the political rights of citizens. In addition, citizens have the right to participate in the dynamics of government, including the possibility of the public applying for the dissolution of political parties. This legal research statute approach, comparative approach, and conceptual approach to legislation were based on primary legal materials, secondary legal materials, and non-legal materials. The study results stated that the Subjectum Litis to the dissolution of political parties was only carried out by executive relations alone; so the public cannot apply for dissolution of political parties. Thus, this may indicate that arbitrariness also reflects the existence of particular political interests that dominate the executive's domination and try to intervene in the juridical aspect. Therefore, the researcher provides recommendations for reconstructing political subjects through various schemes; who can expand the applicant in the process of political dissolution, the applicant in the dissolution of a political party is only extended to all Indonesian people not for their official or position, and the applicant for political dissolution is carried out by the legislative and executive institutions as is practiced in Germany and Slovenia.

What are the Applicable Norms and Principles of International Law Delimitation of the Caspian Sea?

The purpose of this research was to identify the law applicable to the delimitation of the Caspian Sea and selecting the best approach in this regards. In this sense, in the beginning, the geopolitical significance of the Caspian Sea in the region and the importance of the Convention on the Legal Status of the Caspian Sea were reviewed. In order to examine applicable law, international legal resources under Article 38 of statute of international court of justice (ICJ) and the best current approaches, standards, principles and methods for international maritime delimitation were discussed. Furthermore, the main source of current and past legal statutes of the Caspian Sea, Soviet-Iranian agreement, bilateral agreement on the northern part of the Caspian Sea delimitation and the Caspian Sea Convention was considered. In addition, special conditions and circumstance of the Caspian Sea coast were assessed, and the best approach for the demarcation of the Caspian Sea, the three stage approach, was analyzed. It is worthy to mention, this work is a compressed and update version of my Master thesis1 at world maritime university.

The Statute Regarding the Remarriage of Women in The Qin Bamboo Slips in the Collection of Yuelu Academy (Vol. 5) and the Scandal of Lao’ai

Abstract Slips 001-008 in The Qin Bamboo Slips in the Collection of Yuelu Academy (Vol. 5) contain a legal statute issued on the wuyin day of the twelfth month of the twenty-sixth year of the First Emperor of Qin. It is related to re-establishing a family by means of a woman’s remarriage. The content includes the following: it was forbidden to call the husband in a remarriage as jiafu “substitute father.” It was forbidden for children to call each other as brothers and sisters if they were not fathered by the same man. A widow with children was not allowed to transfer the property of her deceased husband to her maternal family or to the family she remarried into. It was forbidden to force a widow to remarry. The issuance of the wuyin statute was directly associated with the scandal of Lao’ai 嫪毐. Lao’ai had had an affair with the mother of the First Emperor of Qin, fathering two sons with her, and claiming himself as the substitute father of the First Emperor. The Stele of Mount Tai and the Stele of Mount Kuaiji praised the First Emperor for “defending and demarcating the boundary of the inner and the outer, forbidding licentious behavior, so that both men and women are pure and honest” 防隔内外，禁止淫泆，男女絜誠. The First Emperor also named the widow Qing 清 of the Ba 巴 region as a chaste woman and built the Terrace of the Woman Huai Qing 女懷清臺. Those events serve to confirm the relevance between the wuyin statute and the scandal of Lao’ai. Because the term “substitute father” had a notorious reputation, the Han people replaced it with “stepfather” (jifu 繼父) when calling the husband of a remarried mother.

Assessment of flood event based on numerical models and legal statute: A case of Eşkinoz Stream in Istanbul, Turkey

Assessment of flood event based on numerical models and legal statute: A case of Eşkinoz Stream in Istanbul, Turkey

Beyond the Sacred Text: Examining the Confusion, Conflicts and Complications at the Intersection of Religion and Law in Zimbabwe

There is a widespread tendency in modern, secular society to view law and religion as unrelated except insofar as they may, from time to time, come into conflict. However, intimate relations between the two have been constituted and constantly changed throughout history. Law and religion are two great interconnecting values and belief structures with their own normative, authoritative sources and mechanisms, as well as their own legislation and amendment processes and steps. However, at the practical level, the relationship between the two has not often been smooth sailing. This paper seeks to untangle the confusion, conflicts and complications that have arisen, especially in the Zimbabwean context, when legal statutes have appeared to be in opposition with religious beliefs and practices. The major question arising from such a scenario is: How are communities of faith across the religious divide supposed to react when laws demand that they act in ways that conflict with either their sacred text whether written or oral? The focus of this paper, therefore, is to simultaneously examine the place of religion in the public sphere as well as explore the impact of enacted laws on religion in Zimbabwe. This paper made use of public discourse, as presented in a WhatsApp group chat of a Bible Challenge Group which took place on 21 February 2021. Secondary sources were utilised in informing this paper’s conceptualisation of religion and the law.

Assessing Decision-Making Capacity in Patients with Acquired Brain Injury: A Toolkit of Ethical Guidelines

<h3>Research Objectives</h3> To improve provider knowledge of the construct of capacity, clarify existing capacity assessment institutional policies, and provide recommendations for conducting capacity assessment. <h3>Design</h3> A semi-structured interview script and Likert scale survey were developed to investigate stakeholder knowledge and perspectives on decision-making capacity. Constant Comparative Method Analysis was conducted to identify themes across and within stakeholder groups. <h3>Setting</h3> Inpatient Rehabilitation Hospital. <h3>Participants</h3> Multidisciplinary stakeholder representatives, including physicians, investigators, hospital administrators, legal counsel, psychologists, case managers, nurses, social workers, caregivers, and patients (N=21), selected by the investigators using purposive sampling. <h3>Interventions</h3> Not Applicable. <h3>Main Outcome Measures</h3> Four thematic areas (i.e. clinical, research, ethical, legal) identified through application of a data reduction procedure. <h3>Results</h3> Ethically, capacity assessment promotes patients' autonomy, dignity, best interests, well-being, values, preferences and goals of care, and allows patients to maintain the right to refuse treatment. Clinically, stakeholders reported that capacity assessment ensures that patient preferences are considered in the plan of care and that unwanted procedures and treatments are prevented. Legally, capacity assessment ensures there is valid informed consent. For research, capacity assessment helps establish a point person to make decisions and allows for decisions to be made regarding patient participation in research studies. Providers identified challenges including lack of time, lack of familiarity with legal statutes, and uncertainty about the multidimensionality of capacity. Investigators identified challenges including tracking proxy/guardian status long-term and lack of consensus between clinical and research teams. Surrogate decision makers identified challenges including lack of direct contact with patients, family discord, and negative impact of personal emotions. For healthcare systems, challenges included incomplete medical records, high staff turnover, and team miscommunication. A provider toolkit for capacity assessment and monitoring was developed based on challenges identified by stakeholder groups and recommendations were proposed for refining institutional policy and procedures. <h3>Conclusions</h3> While stakeholder groups appear to have a general understanding of the concept of capacity, familiarity with specific procedures and regulations is limited. Institutions should provide supportive resources for providers directly involved in assessment of decision-making capacity. <h3>Author(s) Disclosures</h3> No Disclosures.

Applying BERT Embeddings to Predict Legal Textual Entailment

Textual entailment classification is one of the hardest tasks for the Natural Language Processing community. In particular, working on entailment with legal statutes comes with an increased difficulty, for example in terms of different abstraction levels, terminology and required domain knowledge to solve this task. In course of the COLIEE competition, we develop three approaches to classify entailment. The first approach combines Sentence-BERT embeddings with a graph neural network, while the second approach uses the domain-specific model LEGAL-BERT, further trained on the competition’s retrieval task and fine-tuned for entailment classification. The third approach involves embedding syntactic parse trees with the KERMIT encoder and using them with a BERT model. In this work, we discuss the potential of the latter technique and why of all our submissions, the LEGAL-BERT runs may have outperformed the graph-based approach.

Disparities in state-mandated third-trimester testing for syphilis

Since 1999, Illinois has had a legal statute mandating both first-visit and third-trimester syphilis testing in all pregnancies. However, the incidence of syphilis infection is increasing at the national and state level, including among individuals of reproductive age, conferring risk of congenital syphilis. Although state-mandated infectious disease screening is purported to be a strategy to improve equity and quality of care, adherence to such mandates and disparities in adherence are unknown. We sought to evaluate compliance with state-mandated third-trimester syphilis testing at a single tertiary hospital in Illinois and to identify disparities in testing. This is a retrospective cohort study of all pregnant individuals who delivered between January 1, 2015 and February 28, 2018 at a large-volume academic center. Patients who delivered after 28 weeks of gestation were included. Frequency of state-mandated first-visit (<28 weeks) and third-trimester (≥28 weeks) syphilis screening was evaluated over the study period. The primary outcome was completion of any third-trimester screening (ie, performed as an initial or repeat test in the third trimester) in accordance with state law. Demographic and clinical factors associated with the primary outcome and with completion of both first-visit and third-trimester screening were evaluated with multivariable logistic regression. Of the 9048 eligible deliveries, 96.9% (N=8766) of patients had first-visit syphilis screening, whereas only 27.3% (N=2469) had third-trimester screening. Performance of third-trimester syphilis testing increased over time from an average of 5.8% of deliveries during the first 6 months of the study period to 59.8% over the last 6 months of the study period. Non-Hispanic Black or Hispanic race or ethnicity, non-English primary language, public insurance, age <25, multiparity, and greater body mass index were independently associated with increased odds of third-trimester screening. Despite a decades-old state mandate for third-trimester syphilis screening in this high-prevalence region, third-trimester screening performance was suboptimal. Several demographic characteristics were associated with adherence to screening, suggesting inequity and bias exist in testing practices. It is important to acknowledge that legal statutes do not fully eliminate bias and health disparities.

Social corporations under the spotlight: A governance perspective

A series of new legal statutes for profit-seeking social ventures has emerged across geographic and institutional settings. Extant studies commonly do not make a clear distinction between these ventures. Such confusion leads to blurriness in research design and methodology, thereby limiting the relevance of findings. Moreover, researchers, entrepreneurs, and policymakers often lack a clear view of the unique organizational and governance aptitudes these ventures call for, to sustain and grow over time. Thus, this study has two objectives: (1) to clarify the panorama of novel companies that legally commit themselves to a social mission, gathered under the term “social corporation,” by providing a comprehensive typology of these organizations and (2) to identify the governance capabilities that social corporations develop to be sustainable and avoid mission drift in the long run. Our analysis of corporate-governing documents leads us to classify social corporations into three types: hard-law, soft-law, and bylaw. In addition to this typology, our multiple case study uncovers five key governance capabilities of social corporations related to performance, conformance, and responsibility—the main pillars of organizational governance. Overall, our work contributes to a better understanding of novel forms of social entrepreneurship emerging on the market. More important, it casts light on the governance processes that characterize them.

The Uniform Determination of Death Act is Being Revised.

The Uniform Determination of Death Act (UDDA), the recommended legal statute for determination of death in the United States, was initially formulated in 1981. Forty years later, because of the concerns of experts in medicine, law, ethics, and philosophy, the Uniform Law Commission (ULC) created a drafting committee to update the UDDA. The drafting committee, which has until 2023 to propose revisions to the ULC Executive Committee, will need to determine how to address the following key questions about the UDDA: (1) Should the term "irreversible" be replaced by the term "permanent"? (2) Is absence of hypothalamic-pituitary-axis-induced antidiuretic hormone secretion included in "all functions of the entire brain," and if so, how can we reconcile the fact that this is not tested in the medical standards for determination of death by neurologic criteria published by the American Academy of Neurology and the Society of Critical Care Medicine, American Academy of Pediatrics, and Child Neurology Society? (3) What are the accepted medical standards for determination of death? (4) Is consent needed to determine death? and (5) How should objections to the use of neurologic criteria to declare death be handled? Once the ULC finalizes revisions to the UDDA, individual states will have the opportunity to decide whether to adopt the revisions in whole or in part. Hopefully, the revised UDDA will provide clarity and consistency about the legal distinction between life and death for physicians, lawyers, and the public at large. The events that led to the formation of the drafting committee and the potential consequences of revising the UDDA are discussed herein.

Bengal Regulation 10 of 1804 and Martial Law in British Colonial India

This article examines the East India Company's Bengal Regulation 10 of 1804, a legal statute that enabled martial law to be enforced by the in British colonial India. The use made of this little studied yet significant emergency regulation, its perceived legal deficiencies, and in particular, the discord that arose between the military and civil authorities over how and who should be administer it will be discussed with reference to the promulgation of martial law by the British during the Cuttack Uprising of 1857, the Indian “Mutiny” or Revolt of 1857, and in response to the civil unrest in the Punjab during 1919. While martial law was itself ring fenced by legislation that determined the legal grounds for its inauguration and for its cessation, the implementation of martial law by the British military forces in India was marked by the absence of law.

Public Law Restrictions in the Context of 3D Land Administration—Review on Legal and Technical Approaches

Intense exploitation of land implies the development of multi-level, multi-purpose, overlapping and interlocking structures on 3D space, thus resulting in complex, stratified, 3D real property rights between individual owners, as well as restrictions. Legislation regulates the ownership status and use of land by imposing restrictions known as Public Law Restrictions (PLRs). PLRs extend to various fields and various legislative frameworks, such as the protection of archaeological sites, protection and maintenance of underground infrastructures and utilities, environmental protection, flying of unmanned air vehicles, etc. PLRs are usually investigated in the context of property rights and restrictions in the various Land Administration Systems worldwide, and do not often gain specific attention. However, it is noticed that the restrictions that arise from Public Law need to be investigated and classified, so that they can be better utilised in the property status of land ownership. This review paper investigates the legal statutes on PLRs within the context of 3D land administration and the stipulations used to provide unambiguous modelling of PLRs, as provided by the relative literature. Moreover, the PLRs applied in the 3D space, to clearly depict rights, restrictions and responsibilities on the relevant spatial unit (land, air, marine parcel, mine, utility network, etc.), are particularly examined. Therefore, this work is to critically review and assess the aforementioned approaches on PLRs’ registration, modelling and organisation, as provided by a literature survey, and provides an overall view of the requirements and challenges within the development of 3D Land Administration Systems also considering standardisation developments.

Is language a 'right' in U.S. education?: unpacking Castañeda's reach across federal, state, and district lines.

Castañeda v. Pickard (648 F.2d 989, [5th Cir. 1981]) was a significant legal case in the history of educational policy for non-native English-speaking students in the United States. The case established a three prong ‘test’ for programs for those students, including the right for students to have an educational program based on sound educational theory; resources and personnel to properly implement the program; and evaluation of the effectiveness of the program. After 40 years of interpretation of the Castañeda case, the issue of language rights for non-native English speakers in United States public schools continues to be debated by scholars and interpreted through various legal statutes and case holdings. This article examines the Castañeda case and its recent interpretations in the literature as applied to non-native English-speaking students. We use a theoretical lens of orientations in language planning (Ruíz 1984) and language policy text as reported by Lo Bianco and Aliani (Language planning and student experiences: Intention, rhetoric, and implementation, Multilingual Matters, 2013). We then discuss the socio-historical context of the case and position it with respect to the 1974 seminal case of Lau v. Nichols. Using the state of Florida as an example, we next describe the complex language ecology of local and state language policies and how those relate to Castañeda and inhibit progress for bilingual students in Florida. We conclude with caution to academics and advocates who work on behalf of language minoritized students in the United States, with implications for international scholars.

Detectives’ Descriptions of Their Responses to Sexual Assault Cases and Victims: Assessing the Overlap Between Rape Myths and Focal Concerns

Increasing just responses to sexual assault requires understanding how police perceive sexual assault cases and victims, and which legal (e.g., evidence), extralegal (e.g., suspect characteristics), and practical (e.g., convictability) concerns influence their responses in these cases. Using interview data collected in the Los Angeles Sexual Assault Study, we qualitatively analyzed 611 comments made by 52 detectives in response to questions about case processing decisions (e.g., what it takes to arrest) to examine the factors detectives described as relevant to their assessments of allegations as legitimate, victims as credible, and cases as chargeable. Results revealed overlap between rape myths and legal, extralegal, and practical concerns. Specifically, comments referenced rape myths in relation to suspect blameworthiness and dangerousness, evidence, victim cooperation, and prosecutors’ decisions. Comments also revealed some detectives lacked knowledge of relevant legal statutes and case processing guidelines (e.g., unfound criteria). These results suggest that sexual assault case attrition stems from an orientation to prosecutors’ charging criteria rather than probable cause, and organizational factors, such as deprioritization of sex crimes investigations. We recommend that departments adequately staff and equip sex crimes units with investigatory resources and prioritize sex crimes investigations over non-violent crimes. Departments should incentivize sex crimes assignments and screen applicants for quality, experience, and bias. Detectives in these units should undergo regular trainings on unfounding and probable cause criteria and should be required to make arrests when they have probable cause to do so.

Tramadol in seized drugs containing non-pharmaceutical fentanyl: Crime lab data from Ohio, USA

IntroductionNon-pharmaceutical fentanyl and related drugs (NPF) have contributed to increases in drug-related overdose mortality in the U.S. More data are needed to track the shifting composition of fentanyl-containing drug mixtures. The key aims of the study are to characterize the crime lab data from Montgomery County, Ohio on the increased cases of seized drugs containing mixtures of NPF and tramadol. MethodsCrime lab data on seized drugs in Montgomery County, Ohio (2015 - 2020) were analyzed to extract information on cases that tested positive for NPF and tramadol. Descriptive statistics are provided to characterize NPF/tramadol mixtures in terms of the quantity, weight, form of the drug seized (powder, tablet, capsule, residue), and the types of fentanyl analogs and other drugs identified. ResultsIn December 2017, the first case of NPF/tramadol mixture was identified in the amount of 0.2 g. Subsequently, cases containing NPF/tramadol increased significantly to 149 cases in 2018, 102 in 2019, and 134 in 2020. The total yearly amounts of seized NPF/tramadol mixtures increased to 373.27 g in 2018, 2,601.82 g in 2019, and 13,487.62 g in 2020. The majority (72.6%) of the cases were in powder form. There were 15 other drugs identified along with fentanyl with tramadol mixtures, including heroin (38.8%), 5.7% cocaine (5.7%), and methamphetamine (4.9%). ConclusionsThe addition of tramadol to NPF may be viewed as a harm mitigation strategy but contributes to the overall unpredictability of the illicit drug supply. According to Ohio legal statutes, identification of schedule IV drugs such as tramadol with fentanyl (schedule II) may provide a reduction in drug-related charges from a felony to a misdemeanor. More research is needed to characterize potential sources of tramadol in NPF-containing drugs.

Fear Not: Utilizing Simulation for Medical Malpractice Education.

INTRODUCTIONMedical malpractice payouts across specialties totaled over $4.03 billion USD in 2019. It is estimated that over 72% of Emergency Medicine (EM) physicians will be involved in a medical malpractice lawsuit by age 55. The majority of EM residencies do not include adequate education on medicolegal risk mitigation and litigation. The purpose of the study is implementation of an innovative interprofessional simulation to target this education gap.METHODSAn anonymous pre- and post-survey was distributed to participating EM providers electronically. The surveys evaluated baseline medicolegal knowledge, self-rated deposition comfort and concern regarding malpractice litigation. The simulation event involved an interactive lecture on basic tenets of medical malpractice and state legal statutes from medicolegal experts. Resident physician volunteers acted as defendant physicians during simulated depositions using a redacted, closed malpractice case.RESULTSEighty EM providers attended the event over two days. All attendees completed the pre-survey (80/80), and 66.3% (53/80) completed the post-survey. The majority incorrectly answered 4 of 5 medicolegal questions. The mean comfort level regarding being deposed is 1.53 ± 0.94 on a 1-5 Likert scale (extremely uncomfortable to extremely comfortable); the mean level of concern/fear of malpractice litigation is 3.38 ± 0.95 on a 1-5 Likert scale (not at all to extremely concerned). There was a statistically significant increase in deposition comfort level post-event (1.83, P < .01).CONCLUSIONThe majority of EM physicians are inexperienced and concerned regarding litigation. After participating in an educational event and observing a simulated deposition, physicians reported an increased comfort level regarding being deposed in the future.

Striking The Withdrawal Benefit Off The Social Security Statutes And Its Remedies In Social Security Industry Of Tanzania

The withdrawal benefit is one of the social security benefits that were payable in the Tanzanian social security scheme before the 2018 amendment. The recent amendment in social security law of the country. It is the benefit peculiar to other common benefits in the world of social security which stood the legal statutes of the country for a quite long period of time in the state history. Despite its black knowledge in international law perspectives, in practical aspect, this benefit served a lot to the employees especially those employed on non-pensionable employment schemes, before its recent removal from the social security laws of Tanzania. This is because, payments of small salaries; un-secured employment tenure and limited chance of securing a new job after a loss of one’s employment; are some of the serious challenges relating to private sector employment to which most of the employees belong in Tanzania. The withdrawal benefit in that special purpose, therefore, remedied the employment uncertainty and contingency in Tanzania before its burn. Despite the reflective value of the withdrawal benefit in the social security legal context of Tanzania, the same benefit has been removed from the laws of the state via the recently enacted law, which is the Public Service Social Security Fund Act, 2018. The academic call that is behind this paper, therefore, is an examination of the social security purpose and functions saved by the withdrawal benefit; its justification in the social security industry and its replacement that has been brought by its complementary legislative initiatives in the Tanzanian social security industry.

Actual issues of improvement of the legal status of demonstration farms as subjects of agribusiness in Ukraine

Problem setting. It has been known that the use of advanced technological knowledge for running agriculture is to be one of the most effective factors to ensure the growth of agricultural production. To succeed, agribusiness entities must have legal access to the latest achievements in Economics, Management, Technology, Marketing, Accounting, Taxes, Law, Ecology, etc. Therefore, demonstration farms, as areas where modern achievements in agriculture have been displayed, play a significant role in the spread of innovative technologies and practices in agriculture. Nevertheless, the legal framework for demonstration farms activity has not been introduced in Ukraine. Analysis of recent researches and publications. The information base of the current research is not only extended to the current legislation of Ukraine, but also it includes the latest studies of scholars and scientists in the field of Agriculture and Agrarian Law. Target of research is to provide academic research underlying the issue of introduction legal provisions on legal statutes of the demonstration farm into the framework of agrarian legislation on legal statues of agribusiness subjects. Article’s main body. At present, the best international experience of managing demonstration farms as new subjects of agribusiness, which disseminate the innovative experience of agricultural management among other farms, is becoming more and more essential to introduce into the production of agriculture in Ukraine. However, in our country, there is no proper legal framework for the establishment and operation of demonstration farms, which complicates their activities. In this regard, the analysis of the world’s experience in the operation of demonstration farms as a form of application of innovative technologies in agricultural production by agribusiness entities was made. The most relevant issues of the domestic practice of demonstration farms were considered. Further recommendations to enhance the legal status of demonstration farms as special subjects of agribusiness in Ukraine were given. Conclusions and prospects for the development. The article substantiates the feasibility of adopting a law on demonstration farms, which would determine the legal status of such farms, and formulates proposals for the content of the main provisions of the legal status of demonstration farms, which should be enshrined in the proposed law.

An approach between the institutional capacity of the Courts of Audit and the regimen of precedents and summulas from the Civil Procedure Code

The institutional capacity of the courts of audit as makers and applicants of precedents and summulas (restatement of case law) is investigated to answer the following: is it possible a mutually beneficial approach to the decision standards regimen from the Civil Procedure Code-CPC, as well as a productive dialogue with the Law of Introduction to the Brazilian Legal Statutes (Lei de Introdução às normas do Direito Brasileiro-LINDB)?. The objective of the work is to analyze, from the abstract and concrete institutional capacities of the audit courts, the aptitude for the formation and application of decision-making standards. To do so, Ronald Dworkin's interpretive theory was chosen, especially because it is believed that precedents are intertwined in a discursive plot, when every single interpreter commits to analyzing past decisions, in a reflexive way, to decide in the present and, at the same time, anticipating the directions for the future of the decision, which is made in the here and now. The hypothesis is that the audit courts have the potential ability to form and apply precedents and summulas, arising from the exercise of their constitutional powers, but that it is also necessary to develop a concrete capacity to form and apply controlling decision patterns. In this way, it allows for a better understanding of the relationship between the decisions of the audit courts and the judicial ones. It is a theoretical work, of legal analysis of the subject, using the deductive method, starting from a general analysis to reach the institutional capacity of audit courts for the formation and application of decision-making standards.