Novas fronteiras petrolíferas no Brasil : uma análise da necessidade de nova regulamentação da área do pré-sal sob a ótica constitucional

The Oil industry in Brazil has gone through several stages during the economical, political and social historical process. However, the significative changes have happened in the last fifteen years, due to market opening arising from the relaxation of the state monopoly over the Oil deposits and its derivatives. The edition of the Constitutional Amendment #9, changing the first paragraph of the 177th item of the Federal Constitution, marked the end of a stiffness about the monopoly that the Brazilian state kept in relation to the exploration and research of Oil and Gas. The economical order was fundamental to actualize the idea contained in the #9 Amendment, since its contents has the power to set up measures to be adopted by public power in order to organize the economical relations from a social viewpoint. The new brazilian Oil scenery, called pre-salt, presents itself in a way to amaze the economical markets, in addition to creating a new perspective to the social sector. This work will identify, in this new scenario, the need for change in the legal system. Nevertheless, this subject must not be treated in a thoughtless way: being an exhaustible good, we shall not forget that the future generations also must benefit from the exploration of natural resources recently discovered. The settlement of a new regulatory mark, including the change in the concession contract model to production and sharing is one of the suggested solutions as a bill in the National Congress, in an attempt to ensure the sovereignty of the nation. The constitutionality of a new regulatory mark is questioned, starting from an analysis of the state monopoly, grounding the comprehnsions in the brazilian constitutions, the relevance of the creation of Petrobras for self-assertion of the state about the monopoly of Oil and derivatives, and its posture after the Constitutional Amendment nº 9 (1995), when a company stops having control of the state monopoly, beginning to compete in a fairly way with other companies. The market opening and private initiative are emphasized from the viewpoint of the Constitutional Principles of the Economical and Social Order. The relaxation of the monopoly regarding the exploratory activity in the Federal Constitution doesn't deprive from the Union the ownerships of underground goods, enabling to this federal entity to contract, directly or by concession of exploration of goods, to state-owned or private companies. The existing oil in the pre-salt layer transforms the scenario from very high risk to low risk, which gives the Union the possibility of defining another way of exploring this resources in the best interests of the Public Administration

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

Desenvolvimento energético e energia eólica na ordem jurídica do Brasil: aspectos Institucionais e Socioambientais

A conformação do desenvolvimento propugnado pela Constituição Federal de 1988 como objetivo fundamental da república, certamente perpassa pela racionalização das questões energéticas e pela diversificação da matriz nacional enquanto estratégia de aprovisionamento. O desenvolvimento energético em toda a sua complexidade deve ser alicerçado não em uma relação de contraposição à sustentabilidade, mas cooperativismo normativo e de projetos sociais que objetivam a melhorias para a população nestes dois seguimentos. O advento das energias renováveis nesse contexto se consolida como uma alternativa viável, apesar do tratamento dado pela Lei Maior ao tema ter sido apenas com relação à geração em pequena escala. A interpretação sistemática dos postulados da ordem econômica e as exigências da sociedade estimulam o aproveitamento dos potenciais renováveis em escala comercial e regional, além do fortalecimento nos segmentos de autoprodução e produção independente. Dentre as energias tratadas como prioritárias neste contexto, a eólica revela-se como carecedora de aprofundamento das estruturas dogmáticas de sua positivação, que envolve um vasto manancial de regras pulverizadas na regulação econômica do setor elétrico e no controle ambiental. Esta textura submete os empreendimentos elioelétricos aos instrumentos da política nacional do meio ambiente e às determinações do poder concedente dos serviços de energia elétrica, responsável pela pormenorização da geração, transmissão, distribuição e comercialização de energia, independentemente da fonte primária utilizada no processo de transformação. Tratar destas questões com o compromisso na formulação de raciocínios críticos e propositivos, especialmente acerca de temas como a liberdade energética e controle de mercado, é imperioso para superar juridicamente as limitações presentes inclusive no discurso da delimitação de marcos normativos adequados. Havendo vantagens ambientais, tecnológicas e comerciais na exploração da energia cinética do vento como propulsora do desenvolvimento no modelo civilizatório estabelecido, cumpre também ao Estado dar a sua contribuição setorial na forma de incentivos, desburocratização e aprimoramento do modelo concorrencial. O estudo adota os métodos histórico-evolutivo, dialético e sistêmico de abordagem, encarando as hipóteses formuladas no aspecto das consequências multilaterais que as soluções encontradas apontam, exigindo que a estabilização de expectativas sociais por parte do ordenamento jurídico não ignorem o sentido material cognitivamente aberto do desenvolvimento. Hodiernamente, a perspectiva de desenvolvimento energético alia tendências econômicas e tecnológicas em favor das fontes alternativas mais eficientes, revelando a energia eólica como uma representante adequada em termos pragmáticos de normatização e preservação ambiental

Estrutura da Comunidade de Lagartos de um remanescente de mata atlântica do Estado do Rio Grande Do Norte, Brasil.

As part of a broader project, Diversity and Distribution Patterns of Floristic and Faunistic composition of remnants of Potiguar s Atlantic Forest, as subsidies to conservation , that subsidizes a group of institutional research, This study aimed to evaluate the structure of the assemblage of lizards a remnant of the of the northern Atlantic Forest, identifying ecological factor (s) that contribute to the coexistence of sympatric species. Additionally, we studied the thermal ecology and thermoregulatory behavior of umbrophily and heliophily species live the Parque Estadual Mata da Pipa (PEMP), a remnant of Atlantic forest located in the Tibau do Sul municipality of, Rio Grande do Norte State, Brazil. It is one of the largest remnants of the Atlantic Forest and has an area of approximately 290 ha. The study was performed by four excursions to the field for 20 days each, when active search and pitfalls traps were used to record and colleted specimens in different habitats of the area. We recorded the presence of 19 species of lizards, of which seven are typical of forest areas, three are endemic Atlantic Forest, these two northern and one are new record for the Rio Grande do Norte. The use of resources, the results showed that phylogenetically related species do not always use a similar way the resources available; the feeding niche was the segregated component of the species that overlapped extensively in the use of space and vice versa. To examine the thermal ecology and thermoregulatory behavior of Kentropyx calcarata and Coleodactylus natalensis, we recorded the clocal temperature (Tc), oh the substrate (Ts) and of the air (Ta) to investigate what of these are the source of heat more important to the temperature s body of these lizards. Behavioral observations were conducted to analyze strategies to optimize the acquisition of heat. The air temperature explained most strongly to variation in body temperature of K. calcarata, while the temperature of the substrate to C. natalensis. As for the behavioral observations, they confirmed that K. calcarata is an active thermoregulatory; C. natalensis is a passive thermoregulatory.

A Construção/reconstrução das competências profissionais do assistente social diante da gestão do serviço social da indústria SESI a partir dos anos 90

L´étude du processus de construction / reconstruction des compétences de l´assistant social sous la gestion du SESI (Service Social de l´ Industrie), Natal/RN, dès la moitié des années 90 a réaffirmer la perspective que ce processus est le résultat de déterminations macrosociétaires qui sont présents, particulièrement au Brésil, aussi que, la façon par laquelle l´assistant social, le professionnel inscrit dans la division sociale et technique du travail, fait développer son perfectionement technique et intelectuel dans un milieu de nouvelles structures productives qui éxigent un nouveau profil du professionnel face à la crise du capital et de l´État. Cette recherche, de nature qualitative et quantitative, a eu lieu par de combinaisons de recherche bibliographique et empirique. Les sujets ont été huit assistants sociaux et six travailleurs administratifs du SESI, Natal/RN. Les donnés ont été obtenus par des interviews semi-structrées. On a analisé les changements qui sont arrivés dans les gestions du SESI et les compétences qui sont éxigées de l´assistant social ; l´influence du milieu socio-occupationel sur l´action professionnelle et sur le processus de construction/reconstruction de compétences; l´agrandissement de demandes institutionnelles pour l´assistant social par rapport à la prestation de services ; aussi que la constatation de l´importance de ce professionnel, sa hardiesse, mais aussi quelques limites et défis affrontés face à la qualification stimulé par le SESI, en amenant le professionnel dans un processus contradictoire de qualification et disqualification professionelle

Proteção constitucional do consumidor no âmbito da regulação publicitária

The concern with issues related to consumer protection has emerged in North America and then spread throughout the world. In Brazil, consumer‟s rights and interests only gained greater importance after their consolidation in the Constitution of 1988 and the enactment of the 8078/90 Law (Consumer‟s Protection and Defense Code), which established the consumerist microsystem. The understanding of the legal relationship of consumption concept is necessarily connected to knowledge of the elements that compose it. Among these, we can find the consumer and the provider (subjective elements), the product or service (objective elements), and the consumer‟s condition as final receiver of the consumption object (finalistic element). In order to elucidate the configuration of consumer protection before advertising communication, this work will analyze the advertising through the prism of consumerist laws, conceptualizing it and presenting a differentiation of it in relation to practices such as marketing, offer and commercial communication as well as examining its several kinds of manifestation, focusing mainly the ones categorized as misleading or unfair advertising. All kinds of advertising communication against the consumerist microsystem are subject to judicial control exercised by the State. Besides individual protection possibilities, this state-owned control can be collectively exercised as a result of the utilization of public civil action and popular action. Some specific categories of advertising (smoking products, alcoholic beverages, pesticides, medicines and therapies) are still subject to a set of particular restraints provided by the 9294/96 Law, which enables the performance of a special control in relation to them. In addition to state control, there is also a system of advertising communication self-regulation, which develops itself through the actions of the National Council of Advertising Self-Regulation that are based mainly on the laws established by the Brazilian Code of Advertising Self-Regulation and its annexes. However, this system of advertising self-regulation still has some deficiencies that hinder its effectiveness

Sistemas computacionais espaço-temporais para toma de decisão em questões ambientais relacionadas à indústria de petróleo e gás

The area between São Bento do Norte and Macau cities, located in the northern coast of the Rio Grande do Norte State is submitted to intense and constant processes of littoral and aeolian transport, causing erosion, alterations in the sediments balance and modifications in the shoreline. Beyond these natural factors, the human interference is huge in the surroundings, composed by sensitive places, due to the existence of the Guamaré Petroliferous Pole, RN, the greater terrestrial oil producing in Brazil, besides the activities of the salt companies and shrimp farms. This socioeconomic-environmental context justifies the elaboration of strategies of environmental monitoring of that coastal area. In the environmental monitoring of coastal strips, submitted to human impacts, the use of multi-sources and multitemporal data integrated through a Spatio- Temporal Database that allows the multiuser friendly access. The objective was to use the potential of the computational systems as important tools the managers of environmental monitoring. The stored data in the form of a virtual library aid in making decisions from the related results and presented in different formats. This procedure enlarges the use of the data in the preventive attendance, in the planning of future actions and in the definition of new lines of researches on the area, in a multiscale approach. Another activity of this Thesis consisted on the development of a computational system to automate the process to elaborate Oil-Spill Environmental Sensitivity Maps, based on the temporal variations that some coastal ecosystems present in the sensibility to the oil. The maps generated in this way, based on the methodology proposed by the Ministério do Meio Ambiente, supply more updated information about the behavior of the ecosystem, as a support to the operations in case of oil spill. Some parameters, such as the hydrodynamic data, the declivity of the beach face, types of resources in risk (environmental, economical, human or cultural) and use and occupation of the area are some of the essential basic information in the elaboration of the sensitivity maps, which suffer temporal alterations.In this way, the two computational systems developed are considered support systems to the decision, because they provide operational subsidies to the environmental monitoring of the coastal areas, considering the transformations in the behavior of coastal elements resulting from temporal changes related the human and/or natural interference of the environment

Avaliação de impacto ambiental e gestão dos recursos natuarias no estuário Apodi Mossoró, nordeste do Brasil

The aim of this study is to investigate the eco-environmental vulnerability, its changes, and its causes to develop a management system for application of eco-environmental vulnerability and risk assessment in the Apodi-Mossory estuary, Northeast Brazil. This analysis is focused on the interference of the landscape conditions, and its changes, due to the following factors: the oil and natural gas industry, tropical fruits industry, shrimp farms, marine salt industry, occupation of the sensitive areas; demand for land, vegetation degradation, siltation in rivers, severe flooding, sea level rise (SLR), coastal dynamics, low and flat topography, high ecological value and tourism in the region and the rapid growth of urbanization. Conventional and remote sensing data were analyzed using modeling techniques based on ArcGIS, ER-Mapper, ERDAS Imagine and ENVI software. Digital images were initially processed by Principal Component Analysis and transformation of the maximum fraction of noise, and then all bands were normalized to reduce errors caused by bands of different sizes. They were integrated in a Geographic Information System analysis to detect changes, to generate digital elevation models, geomorphic indices and other variables of the study area. A three band color combination of multispectral bands was used to monitor changes of land and vegetation cover from 1986 to 2009. This task also included the analysis of various secondary data, such as field data, socioeconomic data, environmental data and prospects growth. The main objective of this study was to improve our understanding of eco-environmental vulnerability and risk assessment; it´s causes basically show the intensity, its distribution and human-environment effect on the ecosystem, and identify the high and low sensitive areas and area of inundation due to future SLR, and the loss of land due to coastal erosion in the Apodi-Mossoró estuary in order to establish a strategy for sustainable land use. The developed model includes some basic factors such as geology, geomorphology, soils, land use / land cover, vegetation cover, slope, topography and hydrology. The numerical results indicate that 9.86% of total study area was under very high vulnerability, 29.12% high vulnerability, 52.90% moderate vulnerability and 2.23% were in the category of very low vulnerability. The analysis indicates that 216.1 km² and 362.8 km² area flooded on 1m and 10m in sea levels respectively. The sectors most affected were residential, industrial and recreational areas, agricultural land, and ecosystems of high environmental sensitivity. The results showed that changes in eco-environmental vulnerability have a significant impact on the sustainable development of the RN state, since the indicator is a function of sensitivity, exposure and status in relation to a level of damage. The model were presented as a tool to assist in indexing vulnerability in order to optimize actions and assess the implications of decisions makers and policies regarding the management of coastal and estuarine areas. In this context aspects such as population growth, degradation of vegetation, land use / land cover, amount and type of industrialization, SLR and government policies for environmental protection were considered the main factors that affect the eco-environmental changes over the last three decades in the Apodi-Mossoró estuary.

A erosão costeira e sua influência sobre a atividade petrolífera: alternativas sustentáveis na mitigação de impactos ambientais

The study area consist in high sensitivity environments located on the northern coast of Rio Grande do Norte, Northeast Brazil. The barrier island are the main geomorphological features on the coastal landscape, being naturally instable and surrounded by industrial activities like oil fields, salt industry, shrimp farms and urban areas sometimes installed parallel to the coast, combined with coast engineering interventions. High energy hydrodynamic process are responsible for the morphological instability of the coast. The study was based on remote sensing data obtained between 1954 and 2007 which consist in orbital images from Landsat, CBERS and Ikonos satellites and aerial photos. With all data integrated on GIS environment it was possible to update thematic maps of geology, geomorphology, vegetation, soil and landuse and development of multitemporal maps pointing areas with erosion and depositions of sediments, defining the critical erosion process on this region. The bigger morphological changes are related to changes on wind patterns during the year, terrestrial and sea breezes during the day, with spits and barrier island migration, opening and closing of channels like the one parallel to the coast on the area of Serra and Macau oil fields. These factors combined with the significant reduction on sediment budgets due to the loss of natural spaces to sediment reworking contribute to the low resilience which tends to be growing on the area of Serra and Macau oil fields. In front of such scenery a detailed monitoring was done in order to find technological possibilities for coastal restoration. A pilot area was defined to start the project of mangrove restore together with beach nourishment in order to minimize the effect of the erosion caused by the channel parallel to the coast, contributing to stabilize the northeast channel as the main one. It s expected that such methodology will aid the coastal environments restoration and the balance between industrial activities and coastal erosion

Indústria informal de confecções e mercado de trabalho :um estudo sobre a grande Natal (1977-2003)

The process of globalization which has characterized today s Brazilian economic development is determining in the restructuring of productive capital, influencing the development of an economic model, founded on greater competition and use of technology. As a consequence of that, there has been a certain disorganization of the economy, the growth of social inequalities and the lack of structuring of the labor market and the social security system. This has favored a rapid growth of the urban informal economy in Brazil. In Rio Grande do Norte state, the Greater Natal area is the main production center. This is where this study found 58 informal textile industries. In the research, the organizational structure of these industries, characterized by intensive use of labor vis-à-vis the use of capital, problems with putting production in the market place, although links with the formal sector were evident, is analysed. The research also focuses on the relationship labor x capital, the nature and volume of the industrial activity in the 58 industries, their proprietors and 120 employees