A investigação criminal e a vedação ao anonimato no sistema jurídico brasileiro

The thesis, prepared with basis on deductive reasoning (through the utilization of general concepts of the fundamental rights theory) and on inductive logic (by means of the consideration of particular situations in which the theme has been approached) deals with the criminal investigation and the prohibition of anonymity in the Brazilian law system. The state criminal investigation activity presents not only a substantial constitutional basis, due to the objective dimension of fundamental rights (which imposes an obligation to protect these essential values), but also a formal constitutional basis, arising from the administrative principles of rule of law, morality and efficiency, referred to in article 37 of the Constitution. The criminal investigation, however, is not an unlimited pursuit, being restrained by the duty to consider fundamental rights that oppose to its realization. One of the limits of the state investigation activity, in the Brazilian law system, is the prohibition of anonymity, referred to in article 5°, IV, of the Constitution. This prohibition is a direct constitutional restriction to the freedom of expression that aims to ensure the credibility of the diffusion of ideas and prevent the abusive exercise of this fundamental right, which could harm both persons and the state, with no possibility of punishment to the offending party. Generally, based on this prohibition, it is affirmed that a criminal investigation cannot begin and progress founded on anonymous communication of crimes. Informations about crimes to the investigative authorities require the correct identification of the stakeholders. Therefore, it is sustained that the prohibition of anonymity also comprehends the prohibition of utilization of pseudonyms and heteronyms. The main purpose of this essay is to recognize the limits and possibilities in starting and conducting criminal investigations based on communication of crimes made by unidentified persons, behind the veil of anonymity or hidden by pseudonyms or heteronyms. Although the prohibition of article 5°, IV, of the Constitution is not submitted to direct or indirect constitutional restrictions, this impediment can be object of mitigation in certain cases, in attention to the constitutional values that support state investigation. The pertinence analysis of the restrictions to the constitutional anonymity prohibition must consider the proportionality, integrated by the partial elements of adequacy, necessity and strict sense proportionality. The criminal investigation is a means to achieve a purpose, the protection of fundamental rights, because the disclosure of facts, through the investigatory activity, gives rise to the accomplishment of measures in order to prevent or punish the violations eventually verified. So, the start and the development of the state criminal investigation activity, based on a crime communication carried out by an unidentified person, will depend on the demonstration that the setting up and continuity of an investigation procedure, in each case, are an adequate, necessary and (in a strict sense) proportional means to the protection of fundamental rights

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

Iniciativa popular na concretização do direito fundamental à democracia

The Participatory Democracy is disseminated throughout the Principle of Popular Sovereignty. Since it spurs the participation of the people in the exercise of political power, it emerges as a conciliatory alternative to the Representative Regime - one of questionable legitimacy in account of the distortion it causes on the will of the public. It does so specially vis-à-vis the legislative, where the law is created. It s known that our Constitution (arts. 1º e 14, CF/88) provides for the means through which the members of the public may take part in the political process of the country, for it consecrates the plebiscite, the referendum and the popular initiative, all of them incipiently regulated by the Lei nº 9.709/98. It s our task, thus, to inquire, through deductive reasoning as well as the legal exegeses, the enforceability of the Popular Initiative as a means of popular emancipation, given that it enables the citizens to conscientiously participate in the public sphere. It has also an educational ethos which builds the capacity of individual to act, and, therefore, through thoughtful choices, enhance the legal system. Furthermore, the Lei da Ficha Limpa (LC nº 135/2010) surely represents a milestone in the Brazilian political history, since it accrued from a new way of social interaction allowed by the usage of communication technology on the pursuit of political morality. As a matter of fact, this bill is a clear example of how a legal act was legitimately proposed through Public Initiative. Hence, it s beneficial to actually make use of the Public Initiative, under the influence of the New Constitutional Hermeneutics, with a view to supporting social claims and promoting a dialogical relationship with the State in order to help it in the decisionmaking process. Thereat, we can achieve important civic spaces through which the fundamental right to democracy shall be materialized, tearing apart the old paradigms of inequality and, thus, promoting social justice

Regime constitucional do direito privado das organizações religiosas

In Brazil, constitutional clauses regarding religious freedom have concrete applications in Private Law. Church-State Law, or "Ecclesiastical Law of the State," studies the legal principles which may be applicable to religious activity, exercised individually and collectively. The study of Church-State Law in Brazil lacks a thorough introduction to the constitutional and civil aspects of religious organizations: such an introduction is the main end of this work. Following a brief introduction, the main aspects of religious freedom and the principle of private autonomy as it concerns religious organizations are explained. A careful introductory analysis of Church-State Law in Brazil is thus developed: (1) the historical aspects, including a detailed account of the relations between Catholicism, the established religion up to 1889, and the government; (2) the current constitutional principles, as presented in the text of the federal Constitution of 1988, regarding the rights and claims of religious organizations; (3) how the same constitutional principles are to be used in the interpretation of Private Law (especially the Civil Code of 2002), fostering and preserving the uniqueness of religious organizations in the Brazilian legal system. A brief complementary chapter presents some aspects of the legal position of religious institutions in three other nations whose constitutional documents have influenced the current Brazilian federal Constitution (France, Spain, and the United States)

Técnicas de simplificação de redes e otimização multiobjetivo para análise de variações de tensão em regime permanente provocadas por parques eólicos integrados ao sistema elétrico

This study presents a description of the development model of a representation of simplified grid applied in hybrid load flow for calculation of the voltage variations in a steady-state caused by the wind farm on power system. Also, it proposes an optimal load-flow able to control power factor on connection bar and to minimize the loss. The analysis process on system, led by the wind producer, it has as base given technician supplied by the grid. So, the propose model to the simplification of the grid that allows the necessity of some knowledge only about the data referring the internal network, that is, the part of the network that interests in the analysis. In this way, it is intended to supply forms for the auxiliary in the systematization of the relations between the sector agents. The model for simplified network proposed identifies the internal network, external network and the buses of boulders from a study of vulnerability of the network, attributing them floating liquid powers attributing slack models. It was opted to apply the presented model in Newton-Raphson and a hybrid load flow, composed by The Gauss-Seidel method Zbarra and Summation Power. Finally, presents the results obtained to a developed computational environment of SCILAB and FORTRAN, with their respective analysis and conclusion, comparing them with the ANAREDE

Simulador computacional do comportamento em regime de poços de petróleo equipados com gas-lift contínuo

Amongst the results of the AutPoc Project - Automation of Wells, established between UFRN and Petrobras with the support of the CNPq, FINEP, CTPETRO, FUNPEC, was developed a simulator for equipped wells of oil with the method of rise for continuous gas-lift. The gas-lift is a method of rise sufficiently used in production offshore (sea production), and its basic concept is to inject gas in the deep one of the producing well of oil transform it less dense in order to facilitate its displacement since the reservoir until the surface. Based in the use of tables and equations that condense the biggest number of information on characteristics of the reservoir, the well and the valves of gas injection, it is allowed, through successive interpolations, to simulate representative curves of the physical behavior of the existing characteristic variable. With a simulator that approaches a computer of real the physical conditions of an oil well is possible to analyze peculiar behaviors with very bigger speeds, since the constants of time of the system in question well are raised e, moreover, to optimize costs with assays in field. The simulator presents great versatility, with prominance the analysis of the influence of parameters, as the static pressure, relation gas-liquid, pressure in the head of the well, BSW (Relation Basic Sediments and Water) in curves of request in deep of the well and the attainment of the curve of performance of the well where it can be simulated rules of control and otimization. In moving the rules of control, the simulator allows the use in two ways of simulation: the application of the control saw software simulated enclosed in the proper simulator, as well as the use of external controllers. This implies that the simulator can be used as tool of validation of control algorithms. Through the potentialities above cited, of course one another powerful application for the simulator appears: the didactic use of the tool. It will be possible to use it in formation courses and recycling of engineers

Modelagem e simulação da solubilização da parafina em tubos circulares e em regime laminar

O óleo produzido nos novos campos de petróleo está cada vez mais parafínico e viscoso, com isso, à medida que o óleo é escoado, parafinas são depositadas sobre as paredes internas do tubo, e ao longo do tempo, tendem a reduzir drasticamente a área transversal ao escoamento. Visando estudar o processo de solubilização da parafina em dutos, esse trabalho objetiva desenvolver modelos matemáticos que represente o processo, com base nos fenômenos envolvidos no mesmo tais como transferência de massa, transferência de energia e equilíbrio sólido-líquido, implementando-os em um ambiente de desenvolvimento VBA (Visual Basic) for Excel ®. O presente trabalho foi realizado em quatro etapas: i) modelagem dos fenômenos de transferência de calor e massa, ii) modelagem da rotina dos coeficientes de atividade através do modelo UNIFAC e modelagem do sistema de equilíbrio sólido-líquido; iii) modelagem matemática do processo de solubilização e cálculo da espessura da parafina ao longo do tempo; iv) implementação dos modelos em um ambiente de desenvolvimento VBA for Excel® e criação de um simulador com uma interface gráfica, para simular o processo de solubilização da parafina depositada em dutos e sua otimização. O simulador conseguiu produzir soluções bastante adequadas, mantendo continuidade das equações diferenciáveis do balanço de energia e de massa, com uma interpretação física viável, sem a presença de dissipação de oscilações nos perfis de temperatura e massa. Além disso, esse simulador visa permitir a simulação nas diversas condições de escoamento, bem como compreender a importância das variáveis (vazão, temperatura de entrada, temperatura externa, cadeia carbônica do solvente). Através dos resultados foram possíveis verificar os perfis de temperatura, fração molar e o de solubilização

Avaliação das barragens subterrâneas no regime de um curso d água na região do semi-árido do RN

The Serido is a region of northeastern Brazil highlighted by its problems related to water scarcity because of its semi-arid region, large rates of evaporation and rainfall irregular and scarce. Thus, the underground dams, become a strategically important resource with a simple and inexpensive technique for storage of water. They act in a positive way in the development of inland cities that suffer from drought, because in addition to exercise a great improvement in the social role of these families, can enjoy the type of soil (silt) and provides water for both irrigation and for human consumption throughout the year. Is therefore essential to its monitoring and studies to assess its effectiveness in accordance with its purposes, along with their wells Amazons, as can occur in conditions of physical degradation, chemical and microbiological appropriate, according to the Ordinance No 518/04 Ministry of Health, however, the proposed work aims to analyze the underground dams in the municipality of Sierra Negra North-RN (semi-arid region) as to their uses and their influences on the quality and quantity of water in periods of drought and rain. Analyzing monthly these parameters: determination of pH, conductivity, calcium, magnesium, sodium, potassium, chloride, sulfate, RAS (sodium adsorption ratio), turbidity, total iron, nitrite, nitrate, total dissolved solids (STD), bicarbonate (HCO3), fecal coliform and pesticides compared to the standards allowed by the Ordinance in force for quality for human consumption. While at the risk of salinity and sodicity on the model proposed by the United Salinity Laboratory (USSL). Although efficient, it was found that results varied annually on water quality which may influence their specific uses, whether or irrigation water supply in the city