Ne bis in idem: limites jurídico-constitucionais à persecução penal

This legal research aims to demonstrate the prohibition in the Brazilian criminal system of a multiple imputation for the same fact in a simultaneous or successive way. For that it is developed a different idea of the subject. Through comparative, eletronic and bibliographical researches, the dissertation was accomplished in a way to establish the content of the foundations of the criminal procedural emphasizing as fundamental premise the values of the Constitution. In the first section it was demonstrated the limits of the theme and the objective of the research. After that, it was analyzed the basic function of the criminal suit which has the important mission of limiting state's punitive power. In the same way, the criminal procedure corresponds to a warranty of the citizens' freedom. In the same section, it is shown how it is possible to abandon the myth of the real truth in the criminal law system. In the third section of the research, there were pointed elements and definitions about the cognition object, specially the litigious object or "thema decidendum", and also the peculiarities of the judged cases. In the fourth section the subject about origins and evolution of the criminal procedure and its objectives in the legal system is developed to demonstrate its perspectives. Some aspects of the identity's concept of the presupposition of the facts are as well demonstrated in order to relate the theme to the prohibition of multiple imputation. There are also considerations about some other important aspects as the incidence of the legal rules and the possible change on the elements of the penal type. There are several comments about legal procedural in other legal systems comparing them to Brazilian's most elevated Courts. In the end it was systematized the limits to criminal imputation, emphasizing the defende's right as a foundation of the legal system. Is was registered that the ius persequendi can be exercised once

A função social do contrato como concretização de direitos fundamentais nas relações privadas

This dissertation deals with the social function of the contract, based on constitutional principles, especially those relating to fundamental rights. The social function of the contract (general clause) is described in the Civil Code so intentionally generic, no precise criteria to define it. Because of the fluidity of this principle, it is justified its closer study, seeking to assess its various meanings and looking away from the legal uncertainty that an unlimited conceptual vagueness can cause. The social function of the contract arises from a transformation experienced in private law from the inflows received from the Constitutional Law, the result of an evolutionary process by which it became the state structure, leaving the foundations of the classical liberal state and moving toward a vision guided by existential human values that give the keynote of the Welfare State. Arose, then the concern about the effectiveness of fundamental rights in relations between individuals, which is studied from the inapplicability of fundamental rights in private relations (U.S. doctrine of State action), passing to the analysis of the Theory of indirect horizontal effect of fundamental rights (of German creation and majority acceptance), reaching the right horizontal efficacy Theory of fundamental rights, prevailing Brazilian doctrine and jurisprudence. It has also been investigated the foundations of the social contract, pointing out that, apart from the provisions of the constitutional legislation, that base the principle on screen, there have also been noticed foundations in the Federal Constitution, in devices like the art. 1, III, the dignity of the human person is the north of the relationship between contractors. Also art. 3rd, I CF/88 bases the vision of social covenants, equipping it for the implementation of social solidarity, as one of the fundamental objectives of the Republic. Still on art. 170 of the Constitution it is seen as a locus of reasoning in the social function of the contract, the maintenance of the economic order. It is also studied the internal and external aspects of the social function of the contract, being the first part the one that considers the requirement of respect for contractual loyalty, through the objective good faith, as a result of the dignity of the hirer may not be offended by the other through the contract. On the other hand, the external facet of the social function of the contract, in line with the constitutional mandate of solidarity, indicates the need for contractors to respect the rights of society, namely the diffuse, collective and individual third party. In this external appearance, it is also pointed the notion of external credit protection, addressing the duty of society to respect the contract. There has been shown some notions of the social contract in comparative law. Then, there has been investigated the content of principle study, through their interrelationships with other provisions of private and constitutional law, namely equality, objective good faith, private autonomy and dignity of the human person. We study the application of the social contract in contractual networks as well as the guidance of conservation of contracts, especially those denominated long-term captive contracts, considering the theory of substantive due performance, concluding with an analysis of the social contract in code of Consumer Protection

Para uma andragogia do esporte:discutindo as diretrizes e a formação profissional para a Educação Física de Jovens e Adultos

For the development of this research the following general objective has been formulated, indicator of the process of inquiry: To discuss the relation between the attitudinal and the sportive contents presented in the proposal of Curricular Lines for the Physical Education of Young and Adults in Brazil. According to the corporeity and the ludicity, questioning the formation of the professional of Physical Education and delineating the perspective for a sport andragogy that values the Being and the Life. From this general objective, the following objectives, which had given greater specificity to the investigative process, were defined: 1. To create the theoretical context from the corporeity/ludicity axis, articulating transversally sportive knowledge, aiming to contribute for a sport Andragogy; 2. To analyze the objectives proposed for the Physical Education of Young and Adults according to an elaborated theoretical reference and to the testimonies of the egresses of 2005 of the Physical Education course of the UFRN. 3. To interpret the relation between attitudinal and educative content from the academic reality lived by the egresses of the Physical Education course of the UFRN. 4. To understand the most urgent necessities of sustained formation of the egresses of 2005 for satisfactory performance with the Physical Education of Young and Adults. 5. To propose perspectives for the construction of a sport Andragogy from the corporeity/ludicity axis. In attendance to the nature of this research and as form of guiding ourselves in this epistemological adventure, the following ones had been basically and theoretically estimated. 1. Corporeity is a radiant focus, prime and main of educational criteria; 2. The task of the education must be carried through with men and not for men; 3. Man must only play with the beauty and with the beauty he only must play. ; 4. The sportive education must be based on esthetic and fair play. The adopted research approach is of a qualitative nature, using the interview procedure with a group consisting of twelve egresses of the Physical Education Course of the UFRN of the year of 2005.2 After the discussion of the results on the attitudinal objectives and content for the Physical Education for Adults and Young, the study shows nine themes presented by the investigated group as priorities for their sustained formation, aiming at the performance of the professional of Physical Education with the EJA: inclusive experiences; leisure and quality of life; relationships; body and personal care; social values; self esteem; sportive phenomenon; EJA training; attitudinal contents. As a contribution to the construction of knowledge for a Andragogy of Sports, the study presents a metaphorical structure called Galaxy of Knowledge righteous Glamor of integrating nine elements inspired by the Ode to the Sport of Pierre de Coubertin: life, beauty, justice, daring, honesty, joy; Fertility; progress; peace. At the heart of the structure of knowledge is righteous install a system that articulates five principles ludopoiético epistemological function of connecting with the righteous knowledge of the sport that must integrate the content attitudinal proposed for Fitness for Youth and Adults in order to facilitate the realization of their objectives proposed for this method of teaching

Representações sociais de professor partilhadas por licenciados a partir de imagens de professor

This investigation had the teacher as object of study, whose objective was to know and analyze the teacher‟s Social Representations (SR) shared by undergraduates, as from images of this professional (teachers´ photos of several levels and school systems). It was searched out the process of depreciation or estimation, in which the teaching profession has been passing, trying to catch, specifically, possible existing correlations among such SR and the reflections in the attitudes developed by these students about their own development and professional practice. The data collection was carried out at the Federal University of Piauí Teresina with 165 undergraduates (15 from each course). It was applied a semi-structured interview, mediated by iconographic grouping (SALES, 2000, 2007), outlining a methodological widening of the studies fulfilled by (ROAZZI, 1995). It was used the function Factor Analysis, available in the SPSS (Statistical Package for the Social Sciences) for the analysis of the quantitative data, and it was proceeded a content analysis through the categorical analysis technique (BARDIN, 1977) for the analytical procedures of the qualitative data. It was resorted to the SR theory (MOSCOVICI, 1978) for the data interpretation and the Theory of Signs (PEIRCE. 1995) in the understanding of the decodification processes of signs that were present in the photos worked. It became evident that the undergraduates perceived the teaching profession inserted in a hierarchical scale of values (positive/negative), directly related to the school system and the teaching level, in which the teacher works. Most undergraduates share teacher‟s SR of negative content, consolidating the hegemonic SR about the teacher‟s social depreciation, although some of them imagine themselves, in the future, inserted among the teachers more appraised, showing that the SR orientate the positive and negative attitudes about the teacher. The presence of SR that mobilize the interviewers‟ attitudes in opposite senses related to the teacher, offer evidence of the necessity of future studies that can use a methodology more focused to understand other motivation factors that the undergraduates give evidence of having to the course they have chosen, besides the ones inferred by the SR caught in this investigation, as well as to establish a correlation between the teacher‟s SR (positive and negative) and the social economic level of the interviewers that share them. Such data revealed itself necessary since the literature signalizes for a relation between the course chosen and the applicant‟s social-economic level, and that the applicants‟ objective conditions to the licenciature courses are related to the subjective hopes that their group supplies

Arranjo de antenas de microfita com substrato anisotrópico com patch supercondutor e aplicações em nanotecnologia

The main objective in this work is the analysis of resonance frequency microstrip structures with glass fiber and electromagnetic band gap (EBG/PBG) substrate and analysis of microstrip antennas with rectangular patch of superconductor of high critical temperature (HTS). In this work was used the superconductors YBCO (critical temperature of 90K), SnBaCaCuOy (critical temperature of 160K), and Sn5InCa2Ba4Cu10Oy (critical temperature of 212K) with results in Gigahertz and Terahertz. Was used microstrip antennas arrays planar and linear phase and linear phase planar with patch with superconductor. It presents a study of the major theories that explain superconductivity. In phase arrays were obtained the factors arrays for such configurations, and the criteria of phase and spacing between the elements compound in the array, which were examined in order to get a main lobe with high directivity and high gain. In the analysis we used the method of Transverse Transmission Line (TTL) used in domain of the Fourier Transform (FTD). The LTT is a full wave method, which obtains the electromagnetic field in terms of the components transverse of the structure. The addition of superconductive patch is made using the boundary condition resistive complex. Results are obtained resonance frequency as a function of the parameters of the antenna, radiation patterns of the E and H Planes, for the phase antenna arrays in linear and planar configurations, for different values of the phase and the spacing between elements

Aplicações de arranjos de antenas de microfita com patch supercondutor

This work has as main objective the study of arrays of microstrip antennas with superconductor rectangular patch. The phases and the radiation patterns are analyzed. A study of the main theories is presented that explain the microscopic and macroscopic phenomena of superconductivity. The BCS, London equations and the Two Fluid Model, are theories used in the applications of superconductors, at the microstrip antennas and antennas arrays. Phase Arrangements will be analyzed in linear and planar configurations. The arrangement factors of these configurations are obtained, and the phase criteria and the spacing between the elements, are examined in order to minimize losses in the superconductor, compared with normal conductors. The new rectangular patch antenna, consist of a superconducting material, with the critical temperature of 233 K, whose formula is Tl5Ba4Ca2Cu9Oy, is analyzed by the method of the Transverse nTransmission Line (TTL), developed by H. C. C. Fernandes, applied in the Fourier Transform Domain (FTD). The TTL is a full-wave method, which has committed to obtaining the electromagnetic fields in terms of the transverse components of the structure. The inclusion of superconducting patch is made using the complex resistive boundary condition, using the impedance of the superconductor in the Dyadic Green function, in the structure. Results are obtained from the resonance frequency depending on the parameters of the antenna using superconducting material, radiation patterns in E-Plane and H -Plane, the phased antennas array in linear and planar configurations, for different values of phase angles and different spacing between the elements

Evolução da biodegradabilidade da matéria orgânica em um sistema de lagoas de estabilização

Waste stabilization ponds (WSP) have been widely used for sewage treatment in hot climate regions because they are economic and environmentally sustainable. In the present study a WSP complex comprising a primary facultative pond (PFP) followed by two maturation ponds (MP-1 and MP-2) was studied, in the city of Natal-RN. The main objective was to study the bio-degradability of organic matter through the determination of the kinetic constant k throughout the system. The work was carried out in two phases. In the first, the variability in BOD, COD and TOC concentrations and an analysis of the relations between these parameters, in the influent raw sewage, pond effluents and in specific areas inside the ponds was studied. In the second stage, the decay rate for organic matter (k) was determined throughout the system based on BOD tests on the influent sewage, pond effluents and water column samples taken from fixed locations within the ponds, using the mathematical methods of Least Squares and the Thomas equation. Subsequently k was estimated as a function of a hydrodynamic model determined from the dispersion number (d), using empirical methods and a Partial Hydrodynamic Evaluation (PHE), obtained from tracer studies in a section of the primary facultative pond corresponding to 10% of its total length. The concentrations of biodegradable organic matter, measured as BOD and COD, gradually reduced through the series of ponds, giving overall removal efficiencies of 71.95% for BOD and of 52.45% for COD. Determining the values for k, in the influent and effluent samples of the ponds using the mathematical method of Least Squares, gave the following values respectively: primary facultative pond (0,23 day-1 and 0,09 day-1), maturation 1 (0,04 day-1 and 0,03 day-1) and maturation 2 (0,03 day-1 and 0,08 day-1). When using the Thomas method, the values of k in the influents and effluents of the ponds were: primary facultative pond (0,17 day-1 and 0,07 day-1), maturation 1 (0,02 day-1 and 0,01 day-1) and maturation 2 (0,01 day-1 and 0,02 day-1). From the Partial Hydrodynamic Evaluation, in the first section of the facultative pond corresponding to 10% of its total length, it can be concluded from the dispersion number obtained of d = 0.04, that the hydraulic regime is one of dispersed flow with a kinetic constant value of 0.20 day-1

O leitor universitário e a construção das práticas de ler e escrever textos impressos e digitais

The construction of a mapping of the practices of reading and writing printed and digital texts, declared by graduating students from the Bachelor s degree in Science and Technology (BCT), has provided us the analysis of the course they are making in such a socio-historical moment characterized by the revolution of the post-paper. In this sense, the general objective of this research is to understand how that construction works under the point of view of those graduating students. For this, our reflection has been guided by the search of answers for some questions which have presented to us: what reading and writing conceptions BCT graduating students have; what reading and writing practices those collaborators develop; what collections they declare to have access to; what differences they declare to have between printed and digital reading and writing along the different social roles they develop; what the reader/writer identity relations of those collaborators are. To achieving the plausible answers, we have gathered a corpus composed by texts of three genres of the argument order: academic profiles (or self-portrait), opinion articles and argumentative letters. Besides, we have made semi-structured interviews and questionnaires in the online tool of the Google Docs. The methodology which supports this academic work is the qualitative research (SIGNORINI; CAVALCANTI, 1998)of ethnographic direction (THOMAS, 1993; ANDRÉ, 1995) in Applied Linguistics (CELANI, 2000; MOITA-LOPES, 2006) and the theoretical contribution comes from the bakhtinian perspective of language conception (BAKHTIN [1929] 1981); the socio-historical writing construction (LÉVY, 1996; CHARTIER, R., 1998, 2002, 2007; COSCARELLI, 2006; CHARTIER, A., 2007; ARAÚJO, 2007; COSCARELLI; RIBEIRO, 2007; XAVIER, 2009; MARCUSCHI; XAVIER, 2010); from the studies of the pedagogy of the writing (GIROUX, 1997); from the literacy studies understood as sociocultural practice, plural and situated (TFOUNI, 1988; KLEIMAN, 1995; TINOCO, 2003, 2008; OLIVEIRA; KLEIMAN, 2008), from the studies about identity in postmodernity (HALL, 2003; BAUMAN, 2005). The results of the analysis have pointed at a multiplicity of reading/writing practices of printed and digital texts developed by the BCT graduating students due to the coexistence of the modality printed and that one derived from the new mobile devices. In that multiplicity, the prevalent idea of the collaborators is that there is a continuum between printed texts and digital texts (not a dichotomy), since the option of reading/writing printed texts or digital ones is always linked to specific communication situations, which involve participants, objectives, strategies, values, (dis)advantages, besides (re)creation of discursive genres in function of the mobile devices to which those collaborators have access in the different spheres of activities that they participate. All of that has caused a deep intersection in the identity traces of college students readers/writers in the 21st century which cannot be ignored by academic formation

Avaliação da função pulmonar em obesos mórbidos com sonolência diurna excessiva

Background: Obesity impairment to the pulmonary function related to the magnitude of adiposity and is associated with excessive daytime sleepiness (EDS) and snoring, among others symptoms of respiratory disorders related to sleep. It is possible that obese individuals with excessive daytime sleepiness may make changes in lung function on spirometry monitored during the day as a consequence of fragmented sleep or episodes of nocturnal hypoventilation that cause respiratory and changes that can persist throughout the day. The combination of these findings alone sleepiness observed by subjective scales with pulmonary function in obese patients is unknown. Objective: To assess the influence of EDS and snoring on pulmonary function in morbidly obese and distinguish between different anthropometric markers, the snoring and sleepiness which the best predictors of spirometric function and respiratory muscle strength and endurance of these patients. Methods: We evaluated 40 morbidly obese markers on the anthropometric, spirometric respiratory variables, maximal inspiratory and expiratory pressures (MIP and MEP) and maximal voluntary ventilation (MVV) and the measured excessive daytime sleepiness (the Epworth sleepiness scale) and snoring (snoring scale of Stanford). The data were treated when the differences between the groups of obese patients with and without sleepiness, whereas the anthropometric variables, respiratory and snoring. Pearson's correlation was performed, and multiple regression analysis assessed the predictors of pulmonary function. For this we used the software SPSS 15.0 for windows and p <0.05. Results: 39 obese patients were included (28 women), age 36.92+11.97y, body mass index (BMI) 49.3+5.1kg/m², waist-hip ratio (WHR) 0.96+0.07 and neck circumference (NC) 44.1+4.2 cm. Spirometric values and respiratory pressures were up 80% of predicted values, except for endurance (MVV <80%). Obese with EDS have lower tidal volume. Positive correlation was observed between BMI and EDS, EDS and NC and between snoring and BMI, and negative correlation between EDS and tidal volume (TV), and between snoring and snoring FVC and FEV1. In linear regression the best predictor of pulmonary function was snoring, followed by NC. NC has more obese with higher strength (MEP, p = 0.031) and endurance (MVV p = 0.018) respiratory muscle. Conclusion: Obese with EDS tend to have lower TV. In addition, snoring and NC can better predict pulmonary function in obese when compared with other anthropometric markers or EDS. Obese patients with higher NC tend to have greater capacity for overall strength of respiratory muscles, but may have low muscle endurance

Respostas fisiológicas durante teste de caminhada dos 6 minutos em mulheres com diferentes níveis de adiposidade

Backgroud: Obesity is a major public health problem and is related to the low physical capacity when obese are compared to no-obese people, however the cause of this limitation is not completely understood. The measurement associated of physiological response to the telemetric 6MWT adds information of metabolic and respiratory system for diagnose of the functional limitation. Objective: Analyze physiological, metabolic and ventilatory responses in women with different body fat during the 6MWT. Methods: 32 women (8 non-obese, 8 Overweight, 8 Obese and 8 morbidly obese) were evaluated for anthropometry, lung function and exercise capacity. Results: Morbidly obese walked the shortest distance (400.2±38.7m), had lower VO2/Kg (12.75±3.20l/Kg/min) and lower R (0.74± 0.11) in the 6MWT compared to other groups. Analyses of metabolic (VO2 and VCO2) and respiratory (VE, VT and BF) during the test did not identify differences between groups. The evaluation of cardiac function (O2 pulse) found higher values in the OM (12.3 ± 4.9ml/bat). Conclusion: The OM had worse performance in the 6MWT compared to other groups. The physical performance may be reduced in this population related to a protocol-dependent response because the speed of 6MWT is self-adjusted allows the individual himself select the intensity of the test, making it set at a speed where there is energy saving

Validação da escala de fatigabilidade percebida para avaliação da fadiga em idosas

The term fatigability concerns the degree of fatigue associated with performing an activity of any type (physical, mental, emotional and / or social). Recently scales for assessing fatigue in the English language were created, however, gaps exist regarding the validity of these scales in relation to oxygen consumption and levels of perceived fatigue. Objective: To investigate the validity of perceived fatigability scale in older women frail and non-frail by the expired gases kinetics. Methods: This is a study of type validation, where were evaluated 48 elderly. The evaluation was conducted at two different sessions. In the first, data were collected demographic partners, as well as assessment of cognitive function, physical health, and the phenotype of frailty. The second was composed by the test 6-minute walk (6MWT) associated the expired gases kinects and assessment of perceived fatigability. Statistical analysis was performed a descriptive analysis and then we used the Pearson correlation test to evaluate the relationship between the measure of perceived fatigue and variables oxygen consumption (VO2), carbon dioxide production (VCO2), respiratory exchange ratio (RER)before and after 6MWT. We used a linear regression model initially considering the following explanatory variable: age, Body Mass Index (BMI), presence of frailty, comorbidities, level of physical activity, distance covered in the 6MWT , the energy cost of walking and severity of fatigability on performance. Results: The final sample consisted of 44 elderly women, 4 elderly were excluded because they didn t complete all phases of this study. The mean age obtained was 75 years (± 7.2 years). There was no significant correlation between fatigability measures and the values of VO2 ( r = .09 , p = .56 ) , VCO2 ( r = .173 , p = .26 ) , RER ( r = - .121 , p = .43 ). The final linear regression model showed that the energy cost of walking, the usual level of physical activity and the performance severity of fatigability explained 83.5 % (R2 = 0.835, p < 0.01) of the variation in the perceived fatigability. Conclusion: Our findings indicate a relationship between greater severity of fatigability and lower levels of physical activity and increased energy cost in walking, suggesting that the fatigability analyses using a simple numeric scale is valid and viable for assessment of fatigue in older women

Métodos estatísticos recursivos aplicados ao problema de estimação de vazão de gás em plantas de Plunger-lift

This work has as main objective to find mathematical models based on linear parametric estimation techniques applied to the problem of calculating the grow of gas in oil wells. In particular we focus on achieving grow models applied to the case of wells that produce by plunger-lift technique on oil rigs, in which case, there are high peaks in the grow values that hinder their direct measurement by instruments. For this, we have developed estimators based on recursive least squares and make an analysis of statistical measures such as autocorrelation, cross-correlation, variogram and the cumulative periodogram, which are calculated recursively as data are obtained in real time from the plant in operation; the values obtained for these measures tell us how accurate the used model is and how it can be changed to better fit the measured values. The models have been tested in a pilot plant which emulates the process gas production in oil wells