A moralidade e a vida pregressa do candidato como condição autônoma de elegibilidade

The objective of this work was about fixing the free will paradigm as negative evaluation of political rights which presents a new classification dde such rights, producing species: a) conditions of eligibility autonomous (free will), b) eligibility requirements heteronomous (will third party) and c) ineligibility (court decisions / administrative). This morality and life history as a condition of eligibility unattended, making a hermeneutic analysis of art. 14, § 9 of the Constitution, considering the justification of the views of the voting Minister Carlos Ayres Brito Appeal in Ordinary No 1069/2006 of the Supreme Electoral Tribunal (where Eurico Miranda). Are fixed concepts of morality and life history from the perspective of the moral act freely and consciously. Has resulted in the identification of the moral virtues of honesty and integrity, which are voluntary acts as a reference to morality and integrity respectively. Justifies the morality and life history as a condition of eligibility unattended. who depend exclusively on the willingness of the candidate. It is noteworthy that the conditions for eligibility as a factual finding does not violate the law and does not allow punitive sanctions or setting a deadline in case of refusal to register the application. Attributed to political parties to take responsibility in their statutes moral criteria for the nomination convention in pre candidates, giving an ethical dimension. Analyzes the law under the Clean Record of morality and life history of the candidate and the possible impact on the electoral context.

DEVIDO PROCESSO LEGAL E PROCESSO ADMINISTRATIVO SANCIONADOR NAS AGÊNCIAS REGULADORAS

This paper discusses the growing attention that, over the last decades, has been given to the administrative procedure in Administrative Law, as it also highlights the procedures which are in tune with the new trappings of this legal field. It focuses on the sanctioning competence of regulatory agencies, notably what concerns the procedural guide that conditions its exercise. It aims at gathering varied elements, many times dispersed over the legal system, so it is possible to list, with a satisfactory degree of detail, the procedural constitutional guidelines which are indispensable to the sanctioning of private entities through punitive action by regulatory agencies. It highlights the due legal process clause, for the abundance of the protective set there is around it, as a guiding constitutional principle for the application of sanctions by regulatory agencies. It examines the repercussion of the constitutional principle of the due legal process on Administrative Law, focusing on the most relevant principles on which the first unfolds itself. It analyzes, in light of the due legal process principle, the sanctioning administrative procedure developed in regulatory agencies. In conclusion, it is asserted that there is no room, in the Brazilian legal system as a whole, for sanctions to be applied summarily; that there reigns, in our system, an absolute presumption, dictated by the Constitution, that only through regular procedures can the best and fairest decision, concerning cases in which the rights of private parties could be affected, be taken by the public administration; that, respecting the principle of the right to a fair hearing, it is indispensable that there be motivation of a decision that imposes a sanction; that there should be, in homage to the principle of full defense and for the need to preserve the autonomy of the regulatory party, an appeal court in every agency; that the principles listed in the federal law No. 9.784/1999 should be mandatorily monitored by the agencies, for this is the only alternative consistent with the Constitution

A envergadura constitucional da posse qualificada na desapropriação privada

The constitutionalisation of private relations is the central theme of this work. Approached him overcome the dichotomy between public and private, through functionalization to the constitutionalization of civil law. Research on the effectiveness of horizontal rights. Constitutional under the lens, we analyzed the tense relationship between possession and ownership desfuncionalizada functionalized. We realize that having qualified and gained autonomy, and mechanism of access to goods, in view of the status sheet minimum, and of accomplishment, materializing human dignity. Then, we investigated the expropriation of private ownership qualified as legislative intervention that ensures the enforcement of fundamental rights through the state-court. We face the legal, the constitutionality and the burden of this institute. Also operability that it gives the judge, the process of exercise, the object, issues related to the burden and assessment of damages, as well as the nature, timing and costs of transferring property. At the end, we point to the scarcity palace, as well as the need to repair lege ferenda. The methodological approach has been championed by legal dogmatics in its analytical aspect, as we explore concepts and correlate with our planning. In empirical connotation, we evaluated the normativity and applicability of our law courts. For the ultimate in normative vision, answers to the problems faced and perform the necessary propositions, based on the results from the conceptual and empirical analysis

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

A responsabilização criminal no estado democrático de direito: o equilíbrio entre a efetividade e os limites da pretensão punitiva da sociedade

This paper analyzes the relationship between fundamental rights and the exercise of the claim punitive society in a democratic state. It starts with the premise that there are fundamental rights that limit and determine the validity of all forms of manifestation of the claim punitive society (legislating, investigative, adjudicative or ministerial) and there are others that require the state the right exercise, fast and effective of these activities. Travels to history in order to see that the first meaning of these rights was built between the seventeenth and eighteenth centuries, after all a history of abuses committed by state agents in the exercise of criminal justice, and positively valued in the declarations of human rights and proclaimed in the constitutions after the American and French Revolutions, while the second meaning has been assigned between the nineteenth and twentieth centuries, when, because of the serious social problems generated largely by absenteeism state, it was noted that in addition to subjective rights the individual against the state, fundamental rights are also objective values, which trigger an order directed the state to protect them against the action of the offending individuals themselves (duty to protect), the mission of which the State seeks to discharge, among other means, through the issue of legal rules typifying the behavior detrimental to such rights, subject to penalties, and the concrete actions of public institutions created by the Constitution to operate penal law. Under this double bias, it is argued that the rule violates the Constitution in the exercise of the claim punitive society as much as by excess malfere fundamental rights that limit, as when it allows facts wrong by offending fundamental rights, remain unpunished either by inaction or by insufficient measures taken abstractly or concretely provided

O sistema de certificação do etanol brasileiro sob a ótica do princípio constitucional do desenvolvimento sustentável

The gradual inclusion of biofuels is a necessary change that countries must include in their energy mixes. Energy sources still widely used in the world, such as oil and coal, are endowed with a high pollution load to the environment, bringing damages to the water, to the air and to humans as well. In addition, although there are conflicting studies, they are also identified as major causes of the greenhouse effect and the global warming phenomenon. They are, moreover, finite sources of energy, given that its reserves will surely run out. However, even if the introduction of biofuels, such as ethanol, in the energy mix is crucial for the survival of the present and future populations, this insertion cannot settle so disorderly and, thus, one must ensure the quality of these resources and promote transparency in international trade. In this manner, a certification process for ethanol is essential to attest that this biofuel meets the sustainable requirements defined for its production. Hence, this study sought to address the importance of the adoption of certification in the ethanol industry, according to the principle of sustainable development, by analyzing the evolution of its concept, its combination with the fundamental objectives sculptured in the Constitution of 1988, its regulation under Brazilian laws and the need for a balance between economic activities and the mentioned principle. The work also encompassed the criteria used to establish certification standards and their participating actors, combined with a study of ongoing initiatives. Finally, the consequences of the adoption of a certification process for ethanol in Brazil were presented, both in terms of sustainable development and in international trade

Vivências compartilhadas de filhos separados pela hanseníase no RN a luz da história oral de vida

Several epidemics marked the lives of individuals and communities in all historical periods, and a prime example is leprosy, infectious disease marked by stigma, prejudice and social exclusion. In the past, the compulsory isolation of patients with leprosy caused serious social and psychological problems, resulting in the separation and the partial or total disruption of the family relationship. Children deprived of this living, removed often inhumanely, were kept and bred in preventoriums / educational establishments. This study aimed to: rescue the oral history of life of the children of leprosy patients that were built in preventorium Osvaldo Cruz, Natal, Rio Grande do Norte; develop a contextual analysis about these children; know the life trajectory of children of leprosy patients institutionalized in preventoriums / educational establishments; produce a documentary on the history of life of children of parents separated by leprosy; forming MORHAN of Rio Grande do Norte state; and implement the I Meeting of MORHAN of Rio Grande do Norte state. This is an exploratory and descriptive study, with a qualitative approach, approved by the ERC No. 024/024/2012 Liga Norteriograndense Contra o Câncer. We used the contributions of the method and technique of oral history of life as methodological reference. We interviewed 10 individuals egress from preventorium Osvaldo Cruz in Natal/RN, sons of former patients proven to be residents in the city, of both sexes, older than 18, with cognitive, intellectual and emotional conditions preserved. The analysis of the histories obtained from collaborators was performed in the light of Thematic Content Analysis. The results and discussions are presented through two articles which meet the proposed objectives. The first, called Contextual Analysis on the children of leprosy patients in preventoriums aimed to record the phenomenon of children of leprosy patients in preventorium through four contextual levels, which identified the need to broaden the debate on public policy in the field of leprosy as a way to enable more effective measures to propagate in the search for harm reduction and direct consequences resulting from stigma and marginalization around patients and their healthy children, egress from preventoriums. The second, Leprosy and the denial of history: the story of separated children , aimed to know the life trajectory of children of leprosy patients who were institutionalized in preventoriums / educational establishments. In this article, we discuss the research question through the establishment of three main themes: 1. Losses and damages: disintegration and reintegration into the family and denied childhood; 2. Unforgettable: remarkable things you do not forget; and 3. Expectancy in living new situations: in search of other paths and destinations. These thematic axis highlighted the negative implications for the lives of the subjects, arising from the separation of their parents, leprosy patients at the time of compulsory isolation; however, has also been shown that this separation was not decisive in their life histories, once they have succeeded in providing a new sense of these experiences and lead their lives with dignity and fortitude. It was concluded that these children demonstrated resilience as form of defense and fighting stigma and prejudice, being able to reinvent themselves and build new paths and destinations

Análise numérica do efeito de fatores influentes da reação álcali-agregado no desempenho de estruturas de concreto

The aim of this work is the numerical simulation of the mechanical performance of concrete affected by Alkali-Aggregate Reaction or RAA, reported by Stanton in 1940. The RAA has aroused attention in the context of Civil Engineering from the early 80, when they were reported consequences of his swelling effect in concrete structures, including cracking, failure and loss of serviceability. Despite the availability of experimental results the problem formulation still lacks refinement so that your solution remains doubtful. The numerical simulation is important resource for the assessment of damages in structures caused by the reaction, and their recoveries The tasks of support of this work were performed by means of the finite element approach, about orthotropic non-linear formulation, and, thermodynamic model of deformation by RAA. The results obtained revealed that the swelling effect of RAA induced decline of the mechanical performance of concrete by decreasing the margin of safety prior to the material failure. They showed that the temperature influences, exclusively, the kinetics of the reaction, so that the failure was the more precocious the higher the temperature of the solid mass of concrete

Implantação de um sistema de detecção de vazamentos em oleodutos com tratamento de alarmes falsos

The pumping of fluids in pipelines is the most economic and safe form of transporting fluids. That explains why in Europe there was in 1999 about 30.000 Km [7] of pipelines of several diameters, transporting millíons of cubic meters of crude oil end refined products, belonging to COCAWE (assaciation of companies of petroleum of Europe for health, environment and safety, that joint several petroleum companies). In Brazil they are about 18.000 Km of pipelines transporting millions of cubic meters of liquids and gases. In 1999, nine accidents were registered to COCAWE. Among those accidents one brought a fatal victim. The oil loss was of 171 m3, equivalent to O,2 parts per million of the total of the transported volume. Same considering the facts mentioned the costs involved in ao accident can be high. An accident of great proportions can bríng loss of human lives, severe environmental darnages, loss of drained product, loss . for dismissed profit and damages to the image of the company high recovery cost. In consonance with that and in some cases for legal demands, the companies are, more and more, investing in systems of Leak detection in pipelines based on computer algorithm that operate in real time, seeking wíth that to minimize still more the drained volumes. This decreases the impacts at the environment and the costs. In general way, all the systems based on softWare present some type of false alarm. In general a commitment exists betWeen the sensibílity of the system and the number of false alarms. This work has as objective make a review of thé existent methods and to concentrate in the analysis of a specific system, that is, the system based on hydraulic noise, Pressure Point Analyzis (PPA). We will show which are the most important aspects that must be considered in the implementation of a Leak Detection System (LDS), from the initial phase of the analysis of risks passing by the project bases, design, choice of the necessary field instrumentation to several LDS, implementation and tests. We Will make na analysis of events (noises) originating from the flow system that can be generator of false alarms and we will present a computer algorithm that restricts those noises automatically

Sistema híbrido para detecção e diagnóstico de falhas em sistemas dinâmicos

The industries are getting more and more rigorous, when security is in question, no matter is to avoid financial damages due to accidents and low productivity, or when it s related to the environment protection. It was thinking about great world accidents around the world involving aircrafts and industrial process (nuclear, petrochemical and so on) that we decided to invest in systems that could detect fault and diagnosis (FDD) them. The FDD systems can avoid eventual fault helping man on the maintenance and exchange of defective equipments. Nowadays, the issues that involve detection, isolation, diagnose and the controlling of tolerance fault are gathering strength in the academic and industrial environment. It is based on this fact, in this work, we discuss the importance of techniques that can assist in the development of systems for Fault Detection and Diagnosis (FDD) and propose a hybrid method for FDD in dynamic systems. We present a brief history to contextualize the techniques used in working environments. The detection of fault in the proposed system is based on state observers in conjunction with other statistical techniques. The principal idea is to use the observer himself, in addition to serving as an analytical redundancy, in allowing the creation of a residue. This residue is used in FDD. A signature database assists in the identification of system faults, which based on the signatures derived from trend analysis of the residue signal and its difference, performs the classification of the faults based purely on a decision tree. This FDD system is tested and validated in two plants: a simulated plant with coupled tanks and didactic plant with industrial instrumentation. All collected results of those tests will be discussed

Sistema de gerência de informação de processos industriais via Web

The structure of Industrial Automation bases on a hierarchical pyramid, where restricted information islands are created. Those information islands are characterized by systems where hardware and software used are proprietors. In other words, they are supplied for just a manufacturer, doing with that customer is entailed to that supplier. That solution causes great damages to companies. Once the connection and integration with other equipments, that are not of own supplier, it is very complicated. Several times it is impossible of being accomplished, because of high cost of solution or for technical incompatibility. This work consists to specify and to implement the visualization module via Web of GERINF. GERINF is a FINEP/CTPetro project that has the objective of developing a software for information management in industrial processes. GERINF is divided in three modules: visualization via Web, compress and storage and communication module. Are presented results of the utilization of a proposed system to information management of a Natural Gas collected Unit of Guamar´e on the PETROBRAS UN-RNCE.

Br-IndustrialExpert: um framework para análise de dependabilidade de processos industriais

There is a growing need to develop new tools to help end users in tasks related to the design, monitoring, maintenance and commissioning of critical infrastructures. The complexity of the industrial environment, for example, requires that these tools have flexible features in order to provide valuable data for the designers at the design phases. Furthermore, it is known that industrial processes have stringent requirements for dependability, since failures can cause economic losses, environmental damages and danger to people. The lack of tools that enable the evaluation of faults in critical infrastructures could mitigate these problems. Accordingly, the said work presents developing a framework for analyzing of dependability for critical infrastructures. The proposal allows the modeling of critical infrastructure, mapping its components to a Fault Tree. Then the mathematical model generated is used for dependability analysis of infrastructure, relying on the equipment and its interconnections failures. Finally, typical scenarios of industrial environments are used to validate the proposal

Sistema inteligente para detecção de manchas de óleo na superfície marinha através de imagens de SAR

Oil spill on the sea, accidental or not, generates enormous negative consequences for the affected area. The damages are ambient and economic, mainly with the proximity of these spots of preservation areas and/or coastal zones. The development of automatic techniques for identification of oil spots on the sea surface, captured through Radar images, assist in a complete monitoring of the oceans and seas. However spots of different origins can be visualized in this type of imaging, which is a very difficult task. The system proposed in this work, based on techniques of digital image processing and artificial neural network, has the objective to identify the analyzed spot and to discern between oil and other generating phenomena of spot. Tests in functional blocks that compose the proposed system allow the implementation of different algorithms, as well as its detailed and prompt analysis. The algorithms of digital image processing (speckle filtering and gradient), as well as classifier algorithms (Multilayer Perceptron, Radial Basis Function, Support Vector Machine and Committe Machine) are presented and commented.The final performance of the system, with different kind of classifiers, is presented by ROC curve. The true positive rates are considered agreed with the literature about oil slick detection through SAR images presents

Construção e análise de desempenho de um fogão solar à concentração utilizando dois focos para cozimento direto

A model of a solar oven with a reflective surface composed of two mirror segments is presented, constituting a two semi-parabolic surfaces made of fiberglass, applied on a ceramic mold, intended to be used in residential and commercial cooking. The reflective surface of the semi-parable is obtained with the use of multiple plain segments of 2 mm wide mirrors. The semi-parabolic structure has visible movements that are comparable to that of the sun. The technical details of the manufacturing and assembling processes will be presented with an analysis of the viability of thermal, economic, and materials of such prototype. This prototype has important social implications and primordial aspects, which combats the ecological damages caused by the wide-scale use of firewood during cooking. It has been demonstrated that the solar oven has the capacity to cook simultaneous two meals distinct for a family of four

Aproveitamento de resíduo de caulim em cerâmica branca

The world market of Kaolin has been growing as new investments for better quality of materials have been applied. This market produces amounts of dross that are put in the environment in a wrong way, causing damages to it. Trying to reduce these damages, researches have been done in an attempt to use kaolin dross in ceramic. The disposal of kaolin dross in the environment by the industries of the states of Rio Grande do Norte and Paraiba have great impact in society. Usually this dross is disposed clandestinely in places like roads, river banks and lands of small cities. The present work shows the characteristics of the kaolin produced by the mining company in Junco do Seridó, Paraiba state, western Seridó, 300 km from Natal, in the border of both states. After that, researches were done to study its physical and the chemistry characteristics, trying to see if it can be used in white ceramic. The samples got were bolted in fabric of 325# . The technological characteristics tried to use it as a product in white ceramic. For that, it was made a haracterization of the subject matter through enlargement analyses, ATG and ATD, elaborating three formulations that were burned in four different temperatures, 1175, 1200, 1250 and 1300 degrees centigrade up to 30 minutes. After the burning, the subjects were submitted to water absorbing tests, linear retreating, apparent porosity, apparent specific mass, resistance to flexibility and MEV. For one of the mixtures it was obtained demanded properties for a semi porous material