A Eficácia dos direitos fundamentais nos contratos civis e de consumo: uma teoria contratual baseada na colisão dos direitos ou bens constitucionalmente protegidos

The apparent virtuosity that if could wait of the globalization and the neoliberalism has given signals of deterioration in the contractual relations, especially in contracts of mass consumption, generating innumerable offensive situations to the basic rights and the goods constitutionally protected of the contractors. In the world of today, still that it does not reveal any desire, the individual practically is compelled to contract, for force of necessities and customs completely imposed, mainly in face of the essentiality of the services or agreed to goods. Ahead of as much and unexpected changes in the civil liames and of consumption, dictated for the globalization, it comes to surface the reflection if the private law e, more specifically, the civil law, meet prepared adequately to deal with these new parameters of the economy. The present dissertation has the intention to investigate if the globalization and the consequent neoliberalism, in this beginning of third millennium, will imply to revive of the principles and the basics paradigms of the contracts that consolidated and had kept, for more than two centuries, the liberal State. One notices that the study of this phenomenon it gains importance to the measure where if it aggravates the decline of the social State (Welfare State), with the embrittlement and the loss of the autonomy of the state authority, over all in countries of delayed modernity, as it is the case of Brazil, that presents deep deficiencies to give or to promote, with a minimum of quality and efficiency, essential considered public services to the collective and that if they find consecrated in the Federal Constitution, as basic rights or as goods constitutionally protecting, the example of the health, the education, the housing, the security, the providence, the insurance, the protection the maternity, the infancy and of aged and deficient. To the end, the incidence of constant basic rights of the man in the Constitution is concluded that, in the process of interpretation of the right contractual conflicts that have as object rights or goods constitutionally proteges, in the universe of the globalized perhaps economy and of the neoliberalismo, it consists in one of the few ways - unless the only one - that still they remain to over all deal with more adequately the contractual relations, exactly that if considers the presence of clauses generalities in the scope of the legislation infraconstitutional civil and of consumption, front the private detainers of social-economic power. To be able that it matters necessarily in disequilibrium between the parts, whose realignment depends on the effect and the graduation that if it intends to confer to the basic right in game in the private relation. The Constitution, when allowing the entailing of the basic rights in the privates relations, would be assuming contours of a statute basic of all the collective, giving protection to the man against the power, if public or independently private

A eficácia, no ordenamento jurídico brasileiro, da responsabilização penal da pessoa jurídica pela prática de crimes ambientais

The environment, which fundamental importance has already been recognized in all the world, is an actual national and international discussion subject, whose interest grows for the society, and consequently to the Law, in order to prevent the natural resources to the present and future generations. The 1988 Brazilian Constitution, recognizing the importance of the environment, treated about it in many of its parts, even dedicating a specific chapter (Chapter V About Environment, inserted in Title VIII About Social Order). The brazilian constitutional text established to everyone the fundamental right of enjoying an equilibrated environment, obligating the State and all society to defend and preserve the environment to the present and future generations. The economic growing process, that predominated and still persist in the big majority of the countries, where is practiced the capitalist system, has in the enterprises (legal persons) one of its main actors. Many times, these enterprises, especially in the actual globalized world in where we live, where the gain of money is priorized, ends, at the moment they act, making damages to the environment. These damages are, many times, considered by the law. crimes against the environment. The 1988 Brazilian Constitution, according to the Modern Criminal Law, realizing that many crimes were being committed by the enterprises, established in article 225, §3rd, the criminal responsibility of the legal persons. Almost ten years after the 1988 Brazilian Constitution, was published the Law number 9.605/98, in which third article established the penal responsibility of the legal persons that practice crimes against the environment, without excluding the individual responsibility

Algoritmos para o problema de localização de uma facilidade com distâncias limitadas e restrições de atendimento

The objective in the facility location problem with limited distances is to minimize the sum of distance functions from the facility to the customers, but with a limit on each distance, after which the corresponding function becomes constant. The problem has applications in situations where the service provided by the facility is insensitive after a given threshold distance (eg. fire station location). In this work, we propose a global optimization algorithm for the case in which there are lower and upper limits on the numbers of customers that can be served

A eficácia na execução do planejamento estratégico no poder judiciário do Rio Grande do Norte

This paper presents an analysis of the current strategic plan of the Judiciary of Rio Grande do Norte emphasizing the evaluation of strategic indicators verifying the effectiveness in implementation, since the implementation of the Balanced Scorecard as a tool for performance evaluation of strategic management. The research presents the strategy map and the evaluation indices of strategic performance reporting on the effectiveness. After literature review and documentary, is making the measurement of indicators that are treated from the standpoint of an exploratory and descriptive in strategic planning used by the judiciary Potiguar. The problem was evaluated qualitatively and quantitatively using statistical techniques for data analysis comparing them between Judiciaries of Brazilian States. With respect to data collection was used performance indicators extracted from the data of Justice in Numbers provided by CNJ the period from 2004 to 2011, and the information sought in the Sector Strategic Planning TJ / RN. The main results of this study are as follows: Acquisition of insight into what level is the strategic planning of the judiciary of Rio Grande do Norte and the evolution of its performance indicators comparing them with the states of RS, CE, SE and the National Judiciary

Algoritmos de otimização para decisões de localização de facilidades e distribuição em sistemas multiníveis de transporte rodoviário de carga

Coordenação de Aperfeiçoamento de Pessoal de Nível Superior

Análise e otimização de superfícies seletivas de Frequência utilizando redes neurais artificiais e algoritmos de otimização natural

The bidimensional periodic structures called frequency selective surfaces have been well investigated because of their filtering properties. Similar to the filters that work at the traditional radiofrequency band, such structures can behave as band-stop or pass-band filters, depending on the elements of the array (patch or aperture, respectively) and can be used for a variety of applications, such as: radomes, dichroic reflectors, waveguide filters, artificial magnetic conductors, microwave absorbers etc. To provide high-performance filtering properties at microwave bands, electromagnetic engineers have investigated various types of periodic structures: reconfigurable frequency selective screens, multilayered selective filters, as well as periodic arrays printed on anisotropic dielectric substrates and composed by fractal elements. In general, there is no closed form solution directly from a given desired frequency response to a corresponding device; thus, the analysis of its scattering characteristics requires the application of rigorous full-wave techniques. Besides that, due to the computational complexity of using a full-wave simulator to evaluate the frequency selective surface scattering variables, many electromagnetic engineers still use trial-and-error process until to achieve a given design criterion. As this procedure is very laborious and human dependent, optimization techniques are required to design practical periodic structures with desired filter specifications. Some authors have been employed neural networks and natural optimization algorithms, such as the genetic algorithms and the particle swarm optimization for the frequency selective surface design and optimization. This work has as objective the accomplishment of a rigorous study about the electromagnetic behavior of the periodic structures, enabling the design of efficient devices applied to microwave band. For this, artificial neural networks are used together with natural optimization techniques, allowing the accurate and efficient investigation of various types of frequency selective surfaces, in a simple and fast manner, becoming a powerful tool for the design and optimization of such structures

Metodologia estatística na solução do problema do caixeiro viajante e na avaliação de algoritmos : um estudo aplicado à transgenética computacional

The problems of combinatory optimization have involved a large number of researchers in search of approximative solutions for them, since it is generally accepted that they are unsolvable in polynomial time. Initially, these solutions were focused on heuristics. Currently, metaheuristics are used more for this task, especially those based on evolutionary algorithms. The two main contributions of this work are: the creation of what is called an -Operon- heuristic, for the construction of the information chains necessary for the implementation of transgenetic (evolutionary) algorithms, mainly using statistical methodology - the Cluster Analysis and the Principal Component Analysis; and the utilization of statistical analyses that are adequate for the evaluation of the performance of the algorithms that are developed to solve these problems. The aim of the Operon is to construct good quality dynamic information chains to promote an -intelligent- search in the space of solutions. The Traveling Salesman Problem (TSP) is intended for applications based on a transgenetic algorithmic known as ProtoG. A strategy is also proposed for the renovation of part of the chromosome population indicated by adopting a minimum limit in the coefficient of variation of the adequation function of the individuals, with calculations based on the population. Statistical methodology is used for the evaluation of the performance of four algorithms, as follows: the proposed ProtoG, two memetic algorithms and a Simulated Annealing algorithm. Three performance analyses of these algorithms are proposed. The first is accomplished through the Logistic Regression, based on the probability of finding an optimal solution for a TSP instance by the algorithm being tested. The second is accomplished through Survival Analysis, based on a probability of the time observed for its execution until an optimal solution is achieved. The third is accomplished by means of a non-parametric Analysis of Variance, considering the Percent Error of the Solution (PES) obtained by the percentage in which the solution found exceeds the best solution available in the literature. Six experiments have been conducted applied to sixty-one instances of Euclidean TSP with sizes of up to 1,655 cities. The first two experiments deal with the adjustments of four parameters used in the ProtoG algorithm in an attempt to improve its performance. The last four have been undertaken to evaluate the performance of the ProtoG in comparison to the three algorithms adopted. For these sixty-one instances, it has been concluded on the grounds of statistical tests that there is evidence that the ProtoG performs better than these three algorithms in fifty instances. In addition, for the thirty-six instances considered in the last three trials in which the performance of the algorithms was evaluated through PES, it was observed that the PES average obtained with the ProtoG was less than 1% in almost half of these instances, having reached the greatest average for one instance of 1,173 cities, with an PES average equal to 3.52%. Therefore, the ProtoG can be considered a competitive algorithm for solving the TSP, since it is not rare in the literature find PESs averages greater than 10% to be reported for instances of this size.

Algoritmos inteligentes para auto-correção, auto-verificação e auto-validação de medidas em sensores

This work presents a set of intelligent algorithms with the purpose of correcting calibration errors in sensors and reducting the periodicity of their calibrations. Such algorithms were designed using Artificial Neural Networks due to its great capacity of learning, adaptation and function approximation. Two approaches willbe shown, the firstone uses Multilayer Perceptron Networks to approximate the many shapes of the calibration curve of a sensor which discalibrates in different time points. This approach requires the knowledge of the sensor s functioning time, but this information is not always available. To overcome this need, another approach using Recurrent Neural Networks was proposed. The Recurrent Neural Networks have a great capacity of learning the dynamics of a system to which it was trained, so they can learn the dynamics of a sensor s discalibration. Knowingthe sensor s functioning time or its discalibration dynamics, it is possible to determine how much a sensor is discalibrated and correct its measured value, providing then, a more exact measurement. The algorithms proposed in this work can be implemented in a Foundation Fieldbus industrial network environment, which has a good capacity of device programming through its function blocks, making it possible to have them applied to the measurement process

Determinação dos parâmetros do controlador preditivo generalizado com função de pesos variante no tempo através de algoritmos genéticos

The predictive control technique has gotten, on the last years, greater number of adepts in reason of the easiness of adjustment of its parameters, of the exceeding of its concepts for multi-input/multi-output (MIMO) systems, of nonlinear models of processes could be linearised around a operating point, so can clearly be used in the controller, and mainly, as being the only methodology that can take into consideration, during the project of the controller, the limitations of the control signals and output of the process. The time varying weighting generalized predictive control (TGPC), studied in this work, is one more an alternative to the several existing predictive controls, characterizing itself as an modification of the generalized predictive control (GPC), where it is used a reference model, calculated in accordance with parameters of project previously established by the designer, and the application of a new function criterion, that when minimized offers the best parameters to the controller. It is used technique of the genetic algorithms to minimize of the function criterion proposed and searches to demonstrate the robustness of the TGPC through the application of performance, stability and robustness criterions. To compare achieves results of the TGPC controller, the GCP and proportional, integral and derivative (PID) controllers are used, where whole the techniques applied to stable, unstable and of non-minimum phase plants. The simulated examples become fulfilled with the use of MATLAB tool. It is verified that, the alterations implemented in TGPC, allow the evidence of the efficiency of this algorithm

Uma implementação paralela híbrida para o problema do caixeiro viajante usando algoritmos genéticos, GRASP e aprendizagem por reforço

The metaheuristics techiniques are known to solve optimization problems classified as NP-complete and are successful in obtaining good quality solutions. They use non-deterministic approaches to generate solutions that are close to the optimal, without the guarantee of finding the global optimum. Motivated by the difficulties in the resolution of these problems, this work proposes the development of parallel hybrid methods using the reinforcement learning, the metaheuristics GRASP and Genetic Algorithms. With the use of these techniques, we aim to contribute to improved efficiency in obtaining efficient solutions. In this case, instead of using the Q-learning algorithm by reinforcement learning, just as a technique for generating the initial solutions of metaheuristics, we use it in a cooperative and competitive approach with the Genetic Algorithm and GRASP, in an parallel implementation. In this context, was possible to verify that the implementations in this study showed satisfactory results, in both strategies, that is, in cooperation and competition between them and the cooperation and competition between groups. In some instances were found the global optimum, in others theses implementations reach close to it. In this sense was an analyze of the performance for this proposed approach was done and it shows a good performance on the requeriments that prove the efficiency and speedup (gain in speed with the parallel processing) of the implementations performed

Otimização de superfícies seletivas de frequência com elementos pré-fractais utilizando rede neural MLP e algoritmos de busca populacional

This thesis describes design methodologies for frequency selective surfaces (FSSs) composed of periodic arrays of pre-fractals metallic patches on single-layer dielectrics (FR4, RT/duroid). Shapes presented by Sierpinski island and T fractal geometries are exploited to the simple design of efficient band-stop spatial filters with applications in the range of microwaves. Initial results are discussed in terms of the electromagnetic effect resulting from the variation of parameters such as, fractal iteration number (or fractal level), fractal iteration factor, and periodicity of FSS, depending on the used pre-fractal element (Sierpinski island or T fractal). The transmission properties of these proposed periodic arrays are investigated through simulations performed by Ansoft DesignerTM and Ansoft HFSSTM commercial softwares that run full-wave methods. To validate the employed methodology, FSS prototypes are selected for fabrication and measurement. The obtained results point to interesting features for FSS spatial filters: compactness, with high values of frequency compression factor; as well as stable frequency responses at oblique incidence of plane waves. This thesis also approaches, as it main focus, the application of an alternative electromagnetic (EM) optimization technique for analysis and synthesis of FSSs with fractal motifs. In application examples of this technique, Vicsek and Sierpinski pre-fractal elements are used in the optimal design of FSS structures. Based on computational intelligence tools, the proposed technique overcomes the high computational cost associated to the full-wave parametric analyzes. To this end, fast and accurate multilayer perceptron (MLP) neural network models are developed using different parameters as design input variables. These neural network models aim to calculate the cost function in the iterations of population-based search algorithms. Continuous genetic algorithm (GA), particle swarm optimization (PSO), and bees algorithm (BA) are used for FSSs optimization with specific resonant frequency and bandwidth. The performance of these algorithms is compared in terms of computational cost and numerical convergence. Consistent results can be verified by the excellent agreement obtained between simulations and measurements related to FSS prototypes built with a given fractal iteration

Algoritmos genéticos e processamento paralelo aplicados à definição e treinamento de redes neurais perceptron de múltiplas camadas

ln this work, it was deveIoped a parallel cooperative genetic algorithm with different evolution behaviors to train and to define architectures for MuItiIayer Perceptron neural networks. MuItiIayer Perceptron neural networks are very powerful tools and had their use extended vastIy due to their abiIity of providing great resuIts to a broad range of appIications. The combination of genetic algorithms and parallel processing can be very powerful when applied to the Iearning process of the neural network, as well as to the definition of its architecture since this procedure can be very slow, usually requiring a lot of computational time. AIso, research work combining and appIying evolutionary computation into the design of neural networks is very useful since most of the Iearning algorithms deveIoped to train neural networks only adjust their synaptic weights, not considering the design of the networks architecture. Furthermore, the use of cooperation in the genetic algorithm allows the interaction of different populations, avoiding local minima and helping in the search of a promising solution, acceIerating the evolutionary process. Finally, individuaIs and evolution behavior can be exclusive on each copy of the genetic algorithm running in each task enhancing the diversity of populations

Aplicação de sistemas multi-classificadores no diagnóstico de falhas em motores de indução trifásicos

Equipment maintenance is the major cost factor in industrial plants, it is very important the development of fault predict techniques. Three-phase induction motors are key electrical equipments used in industrial applications mainly because presents low cost and large robustness, however, it isn t protected from other fault types such as shorted winding and broken bars. Several acquisition ways, processing and signal analysis are applied to improve its diagnosis. More efficient techniques use current sensors and its signature analysis. In this dissertation, starting of these sensors, it is to make signal analysis through Park s vector that provides a good visualization capability. Faults data acquisition is an arduous task; in this way, it is developed a methodology for data base construction. Park s transformer is applied into stationary reference for machine modeling of the machine s differential equations solution. Faults detection needs a detailed analysis of variables and its influences that becomes the diagnosis more complex. The tasks of pattern recognition allow that systems are automatically generated, based in patterns and data concepts, in the majority cases undetectable for specialists, helping decision tasks. Classifiers algorithms with diverse learning paradigms: k-Neighborhood, Neural Networks, Decision Trees and Naïves Bayes are used to patterns recognition of machines faults. Multi-classifier systems are used to improve classification errors. It inspected the algorithms homogeneous: Bagging and Boosting and heterogeneous: Vote, Stacking and Stacking C. Results present the effectiveness of constructed model to faults modeling, such as the possibility of using multi-classifiers algorithm on faults classification

Otimização de modelos de predição da perda de propagação aplicáveis em 3,5GHZ utilizando algoritmos genéticos

The telecommunications industry has experienced recent changes, due to increasing quest for access to digital services for data, video and multimedia, especially using the mobile phone networks. Recently in Brazil, mobile operators are upgrading their networks to third generations systems (3G) providing to users broadband services such as video conferencing, Internet, digital TV and more. These new networks that provides mobility and high data rates has allowed the development of new market concepts. Currently the market is focused on the expansion of WiMAX technology, which is gaining increasingly the market for mobile voice and data. In Brazil, the commercial interest for this technology appears to the first award of licenses in the 3.5 GHz band. In February 2003 ANATEL held the 003/2002/SPV-ANATEL bidding, where it offered blocks of frequencies in the range of 3.5 GHz. The enterprises who purchased blocks of frequency were: Embratel, Brazil Telecom (Vant), Grupo Sinos, Neovia and WKVE, each one with operations spread in some regions of Brazil. For this and other wireless communications systems are implemented effectively, many efforts have been invested in attempts to developing simulation methods for coverage prediction that is close to reality as much as possible so that they may become believers and indispensable tools to design wireless communications systems. In this work wasm developed a genetic algorithm (GA's) that is able to optimize the models for predicting propagation loss at applicable frequency range of 3.5 GHz, thus enabling an estimate of the signal closer to reality to avoid significant errors in planning and implementation a system of wireless communication

Otimização do controle eletrônico do diagrama de radiação de arranjos de antenas usando algoritmos genéticos com codificação real

Antenna arrays are able to provide high and controlled directivity, which are suitable for radiobase stations, radar systems, and point-to-point or satellite links. The optimization of an array design is usually a hard task because of the non-linear characteristic of multiobjective, requiring the application of numerical techniques, such as genetic algorithms. Therefore, in order to optimize the electronic control of the antenna array radiation pattem through genetic algorithms in real codification, it was developed a numerical tool which is able to positioning the array major lobe, reducing the side lobe levels, canceling interference signals in specific directions of arrival, and improving the antenna radiation performance. This was accomplished by using antenna theory concepts and optimization methods, mainly genetic algorithms ones, allowing to develop a numerical tool with creative genes codification and crossover rules, which is one of the most important contribution of this work. The efficiency of the developed genetic algorithm tool is tested and validated in several antenna and propagation applications. 11 was observed that the numerical results attend the specific requirements, showing the developed tool ability and capacity to handle the considered problems, as well as a great perspective for application in future works.