39 resultados para Reparação de dano (direito ambiental), Brasil
Resumo:
This dissertation analyses the Brazilian Supreme Court’s judgement in the Non-compliance Action of the Fundamental Precept 132/RJ and in the Direct Action of Unconstitutionality 4277/DF, which created in the country the same-sex civil union. In This decision, the STF interpreted according to the constitution Article 1.723 of the Civil Code, invoking several fundamentals reaffirmed in the Constitution. From all these laws invoked by the Supreme Court to support the pretorian creation, the content of consitutional Law regarding equality is the only that corresponds, and it is sufficient to evidence the necessity of the creation, by legislator, of the institute for civil rights, since the Constitution forbids distinctions that is not expressly provided for in the Constitution (Art. 3º, IV, of Federal Constitution). In this way, Article 226, § 3º is not an exception capable of satisfying the condition of the consitutional foresight because although it protect, according its content only the civil union “between the man and the woman”, it is not able to forbid the creation, by legislator, of another kinds of families, including the same-sex civil union. As such, the reasoning, now legitimate according to the legislator, is not support the creation of institute by Constitutional Court, because the Court may enforce the Law, interpreting in the purviews allowed by the legal text and its constitutionality. In regard to the civil union of individuos of the same sex, the Court could not deduce that such union was implied by Law, like the interpretation according to the Constitution given by judges, on grounds of semantic purviews of the words man and woman, existents in both articles. The Court could not created it either, exceeding the legal system role. So, upon the institute creation, the STF, exceeded two limits: the interpretation and Law enforcement.
Resumo:
The use of energy from renewable sources is increasingly demanded by society, especially aeolian - whose raw material is wind. Investments in wind power have become significant in Brazil with emphasis on the Northeast and in particular the Rio Grande do Norte state. According to the Empresa de Pesquisa Energética (Energy Research Company) (2012 ) , investments in the state grew significantly since 2002 with a total accumulated power, by 2013, of approximately 3,400 MW . Even with the early experiences of exploitation of wind energy in 2002, it is still considered new and requires further study referring to the likely changes in the environment and society. In this case, it is of growing and urgent importance to deeply study the wind still in the survey phase of the project, ie , at the beginning of decision making on the most feasible to implement these parks site. Given the above, the question is: from a technical and environmental analysis, how to identify viable areas to install Aeolian parks, taking into account the factors of the environmental dynamics that are relevant to minimize the negative results to the environment and the society? Thus, this study conducted a study on technical and environmental feasibility, proposing a methodology of exploration of feasible wind farms in coastal areas. The study area was a fragment of the northern coast of Rio Grande do Norte and its natural landscape units were identified through the environmental characterization of the area, as well as it was elaborated the map of the land cover, restriction homes and urban areas and Permanent Preservation Areas - PPAs. The environmental fragility was subdivided in the fragility of the natural dynamic, mapped through relief, soils and geology of natural units, and the fragility of the ecosystem, originated by the land cover map. In addition to these maps, it was generated the wind resource for an area from a height of 50 and 100 meters. The intersection between the fragility maps, PPAs and Restriction of homes superimposed on maps of wind potential, provided the map of feasibility of Aeolian parks, resulting in the most favorable areas for its facilities in a technical and environmental point of view. From this study, the entrepreneur can evaluate whether or not to proceed with the studies in this area and especially decrease potential conflicts with society.
Resumo:
The Potengi River estuary has been affected by various anthropogenic factors over the years, as periodic dredging, industrial and domestic waste, traffic and other factors, causing various environmental disasters, including the notorious ecological accident in July 2007, which covered the municipalities of São Gonçalo do Amarante, Macaíba and Natal. Foraminifera serve as viable study tools in these environments; they are able to identify ecologically stressed environments, pointing out hydrographic changes and depositional environments in estuaries. The necessity to check the differences in environmental gradients in places anthropically impacted in Potengi River and adjacent inner shelf through species of foraminifera, and, the responses of these organisms to physical, chemical and geological factors is to provide baseline in the diagnosis of environments. The results show the dominance of opportunistic Ammonia tepida, Bolivina striatula, Quinqueloculina patagonica and Q. miletti especially in regions close to shrimp farms and Baldo Channel sewage in fine grain environments; and Q. lamarckiana indicates penetration of the saline waters in Potengi River. The occurrence of low-salinity tolerant foraminiferal species typical of mangrove environments as Trochammina inflata and T. squamata in Potengi River Channel suggest they probably could have been transported from mangrove area near the Potengi river mouth to the inner shelf regions. These findings suggest Potengi River is able to export mixohaline and mangrove organisms to inner shelf. Two distinct environments were observed, the outermost area is more influenced by marine influence and the innermost area is less influenced. Calcareous and agglutinated species dominate Potengi River, while mouth and inner shelf areas are dominated by calcareous, agglutinated and porcelaneous species, which are typical of highly saline and hydrodynamic environments and the contributive factors that controls foraminiferal distribution were balance of marine and freshwater currents, grain size, availability of CaCO3 and organic matter.
Resumo:
The Potengi River estuary has been affected by various anthropogenic factors over the years, as periodic dredging, industrial and domestic waste, traffic and other factors, causing various environmental disasters, including the notorious ecological accident in July 2007, which covered the municipalities of São Gonçalo do Amarante, Macaíba and Natal. Foraminifera serve as viable study tools in these environments; they are able to identify ecologically stressed environments, pointing out hydrographic changes and depositional environments in estuaries. The necessity to check the differences in environmental gradients in places anthropically impacted in Potengi River and adjacent inner shelf through species of foraminifera, and, the responses of these organisms to physical, chemical and geological factors is to provide baseline in the diagnosis of environments. The results show the dominance of opportunistic Ammonia tepida, Bolivina striatula, Quinqueloculina patagonica and Q. miletti especially in regions close to shrimp farms and Baldo Channel sewage in fine grain environments; and Q. lamarckiana indicates penetration of the saline waters in Potengi River. The occurrence of low-salinity tolerant foraminiferal species typical of mangrove environments as Trochammina inflata and T. squamata in Potengi River Channel suggest they probably could have been transported from mangrove area near the Potengi river mouth to the inner shelf regions. These findings suggest Potengi River is able to export mixohaline and mangrove organisms to inner shelf. Two distinct environments were observed, the outermost area is more influenced by marine influence and the innermost area is less influenced. Calcareous and agglutinated species dominate Potengi River, while mouth and inner shelf areas are dominated by calcareous, agglutinated and porcelaneous species, which are typical of highly saline and hydrodynamic environments and the contributive factors that controls foraminiferal distribution were balance of marine and freshwater currents, grain size, availability of CaCO3 and organic matter.
Resumo:
In our first chapter was recorded the perception of fishermen and gatherers of Patané about the absence of local forests, was collected a list of species considered locally as strategic use, the ethnoknowledge associated with those, and identify which of these plants are already perceived as scarce in the region. In the second chapter, was studied all species of plants known by the community, the associated knowledge and the various uses. Were used individual interviews, formal and semi-structured, that have been consecutively applied to sampled respondents not probabilistically by snowball. Were collected socioeconomic data of informants. A adequacy test was performed. Guided tours were conducted to gather photographs and samples witnesses of plants, all identified by the usual methods of botany. Excerpts of the interviews on perceptions appear by looking for consensual information. Some data were presented by descriptive statistics. Were mounted two lists of plants, one with the strategic use and one with all the species listed in the study. It was shown that knowledge about plants remains resilient despite the forest resources now no longer be available.
Resumo:
In our first chapter was recorded the perception of fishermen and gatherers of Patané about the absence of local forests, was collected a list of species considered locally as strategic use, the ethnoknowledge associated with those, and identify which of these plants are already perceived as scarce in the region. In the second chapter, was studied all species of plants known by the community, the associated knowledge and the various uses. Were used individual interviews, formal and semi-structured, that have been consecutively applied to sampled respondents not probabilistically by snowball. Were collected socioeconomic data of informants. A adequacy test was performed. Guided tours were conducted to gather photographs and samples witnesses of plants, all identified by the usual methods of botany. Excerpts of the interviews on perceptions appear by looking for consensual information. Some data were presented by descriptive statistics. Were mounted two lists of plants, one with the strategic use and one with all the species listed in the study. It was shown that knowledge about plants remains resilient despite the forest resources now no longer be available.
Resumo:
In view of the climate of instability and deep social inequalities, it has been evident in the Brazilian reality, a new way to punish systematic already developed and consolidated in other countries, in which, among other things, the criminality is anticipated only by danger that the individual sports. It appears, therefore, that the theory developed by Günter Jakobs, nominated Criminal Law of the Enemy, became subtly inserted in the Brazilian reality as well as in international relations signed. In this sense, the Brazilian State, in order to carry out the international legal cooperation in the criminal field, signed a mutual assistance agreement with the government of the United States of America. Forward the conclusion of Mutual legal Assistance Treaty (MLAT), the signatory countries voiced a desire to cooperate in order to facilitate the implementation of tasks of the authorities responsible for law enforcement in both countries, comprising research, investigation, prosecution and prevention of crime, said internalized adjustment in the Brazilian legal system by means of Decree No. 3810 of 02 May 2001. Alongside these considerations, the present study aims to analyze the Criminal law of the Enemy today, seeking to find evidence of that theory in the MLAT, international legal cooperation instrument signed between the government of the Federative Republic of Brazil and the government of the United States of America. Moreover, it has the objective to describe its effects on the Brazilian jurisdiction, especially as concerns the relativity and the suppression of human rights. Once done the introit, analysis will be carried out in the first chapter, on the definition and main features of the theory of Criminal Enemy of the law, it is imperative to approach the humanistic aspect that preceded the theory as well as the dealings given to some controversial issues surrounding it, such as the anticipation of the enemy's punishment and the disproportionality of the penalties imposed. In the second chapter will present the conceptual assumptions, historical evolution and the positives aspects, as well as the barriers and the pursuit of effectiveness of international legal cooperation. In the chapter, bedroom effective analysis of specific modality of cooperation will be held, the Mutual legal Assistance Treaty - MLAT in criminal matters, signed between the Federative Republic of Brazil and the United States of America, in which the general aspects will be addressed and the MLAT reflections on the Brazilian jurisdiction, which includes analysis about the relativity or suppression of human rights, future trends and creating stricter laws, followed by the presentation of the seized conclusion on the subject, in which, among other approaches, will be voiced understanding about the unconstitutionality certain service requests that, from these, there is the bad use of the agreed instrument.
Resumo:
This thesis nalyzes the wayfinding in Landscape Museum of Contemporary Art (MPAC), based on the Institute of Contemporary Art CACI, Minas Gerais, Brazil and the Museum of Contemporary Art of the Serralves Foundation, Porto, Portugal. The study focuses on the interrelationship of the public/visitors with the landscape, architecture and contemporary art museums in these, in order to understand visual perception and apprehension of such an environment for their users. For both were confronted documentation (visual and written) and people talk. The main hypothesis put forward is that the audience/visitor MPAC appreciates the interrelationship between the natural environment (park/garden) and built environment (the works of contemporary art and the galleries), giving equal value to both. To complement this, a second hypothesis is that during the visit to MPACS, visitors define their paths spontaneously, but strongly influenced by existing visual indicators (maps, signage and striking landscape elements), which facilitate the readability of space, which also contribute to the offered services and the experiences of similar institutions. The analytical basis of the research used the concepts of legibility (LYNCH, 2009), wayfinding (GIBSON, 2009; ARTHUR, PASSINI, 2002; WEISMAN, 1982), Experiential Cotinnum (TUAN, 1985), Space Bound (CRUZ PINTO, 2007) and habitus (BOURDIEU, 1992). Methodologically was used qualitative research (DEMO 2000) by means of a case study (YIN, 2005; STAKE, 1999) and participant observation (WHYTE, 2005). In the two institutions interviews with researchers and curators, behavior observation and questionnaires from employees, trainees, monitors and the public/visitor of the two museums were performed. Although partially referende the initial hypothesis, the research showed that the public/visitor value appears more natural environments, they experience a greater intensity and in addition to the factors listed in the second case, your perception and definition of paths suffer significant influence of emotional relations established with space. Generally the audience/visitor adapts easily to different demands of contemporary art exhibition in the two museums and the built environment (park/garden and museum) interferes with your reading path during the visit, perceived by the public/visitor condition as a factor that favors the enjoyment of works on different mounts (wayfinding), though often become a factor that hinders the legibility of the building and its built environment
Resumo:
Despite the importance of coral reefs to humanity, these environments have been threatened throughout the world. Several factors contribute to the degradation of these ecosystems. The Maracajaú Reef Complex, in Rio Grande do Norte state is part of the Coral Reefs Environment Preservation Area in northeastern Brazil. This area has been receiving an increasing influx of tourism and the integrity of the local reefs is a matter of concern. In this study, the reef macroalgae communities were studied and compared within two areas distinguished by the presence or absence of tourism activities. Two sample sites were chosen: the first one, where diving activities are intense; and the other, where these practices do not occur. Samples were collected at both sites within a quadrate of 625 cm2 of area randomly thrown 5 times along a 10 meters transect line. Richness, Shannon-Hill diversity and Simpson dominance indices were determined based on biomass data. Similarity between sites was analyzed with Bray-Curtis similarity and distance index. Fifty-eight macroalgae species were observed, including 7 Chlorophyta, 13 Phaeophyta and 38 Rhodophyta. In the non-disturbed site, 49 species were found, while at the disturbed site, there were 42 species. Dictyotaceae and Corallinaceae were the most representative families at the non-disturbed site, and Rhodomelaceae and Dictyotaceae at the disturbed site. The non-disturbed site presented a higher biomass and the greatest richness and diversity indices. In the disturbed site the dominance index was greater and Caulerpa racemosa was the dominant species. The dendogram based on similarity index showed two major clusters, and an isolated element at the center that corresponds to a sample from the disturbed site. In the first cluster, samples from the non-impacted site were predominant and fleshy brown algae were more conspicuous. The second cluster was composed primarily of samples from the impacted site, where C. racemosa and red filamentous and erect calcareous algae associations (turf forming) were observed covering large extensions. These associations are represented by groups of algae adapted to environments where disturbances are frequent. They can grow rapidly on substrate where benthic community was removed and do not allow the establishment of other species. The results of the present study show that tourism activity is an impacting factor that has been causing shifts in macroalgae communities in the Maracajaú Reef Complex