A arbitragem como alternativa para diminuir a morosidade do sistema judiciário brasileiro

This thesis is about arbitration, a form of alternative dispute resolution, as a solution for the slowness of the Brazilian Judiciary. The paper starts with an approach of the fundamental rights, highlighting their positivation, important to distinguish them from human rights, the four dimensions of the fundamental rights and, lastly, the analysis of their features, emphasizing their characters of complementarity and universality. After, it starts to discourse about the “access to Justice”, an important fundamental right, and, to delimitate the role of the Judiciary and the problems related to solve cases in a reasonable amount of time. Next, it exposes other alternative forms of dispute resolutions that, like the arbitration, can help to the concretization of a faster and more effective Justice. Then, it discusses the historical evolution of the arbitration in Brazil, highlighting the contemporary features of the institute, which were more visible with the ratification of the New York Convention and the promulgation of Law nº 9.307/1996. In addition, it analyses the possible changes that will come with the New Brazilian Procedure Law Code and the PL 7.108/2014, intended to change the current Arbitration Law. It also explains the main arbitration attributes, describing the peculiarities of the arbitral convention, the arbitrator role, and the arbitral award aspects. At least, it lists the main reasons someone should choose arbitration instead the Judiciary, considering the Brazilian Courts reality.

The early metallurgy in Southwestern Iberia: metals from the Chalcolithic Settlement of São Pedro (Redondo)

Archaeological excavations carried out in the archaeological site of São Pedro (Southern Portugal) revealed a Chalcolithic settlement occupied in different moments of the 3rd millennium BC. The material culture recovered includes different types of materials, such as ceramics, lithics and metals. The later comprises about 30 artefacts with different typologies such as tools (e.g. awls, chisels and a saw) and weapons (e.g. daggers and arrowheads) mostly belonging to the 2nd and 3rd quarter of the 3rd millennium BC. In the present work the collection of chalcolithic metallic artefacts recovered in São Pedro was characterized. Analytical studies involved micro energy dispersive X-ray fluorescence spectrometry (micro-EDXRF) to determine elemental composition, together with optical microscopy and Vickers microhardness testing for microstructural characterisation and hardness determination. Main results show copper with variable amounts of arsenic and very low content of other impurities, such as iron. Moreover, nearly half of the collection is composed by arsenical copper alloys (As > 2 wt.%) and an association was found between arsenic content and typology since the weapons group (mostly daggers) present higher values than tools (mostly awls). These results suggest some criteria in the selection of arsenic-rich copper ores or smelting products. Furthermore, after casting an artefact would have been hammered, annealed and sometimes, finished with a hammering operation. Additionally, microstructural variations in this collection reveal somewhat different operational conditions during casting, annealing and forging, as expected in such a primitive metallurgy. Moreover the operational sequence seems to be used to achieve the required shape to the object, rather than to intentionally make the alloy harder. Overall, this study suggests that Chalcolithic metallurgists might have a poor control of the addition of arsenic and/or were unable to use this element to increase the hardness of tools and weapons. Finally, the compositions, manufacturing processes and hardness were compared to those from neighbouring regions and different chronological periods.