Requiescat in park: o Central Park de Nova Iorque sob a ótica do cinema Norte - americano

Taking into account the Environmental Restorative Theory (ERT) , created by Fre derick Law Olmsted in mid XIX ce ntury , according which, urban parks can contribute to solve problems arisen from crowding , particularly urban stress, we analize how the ERT arrived at XXI century, having as approach the evaluation of New York Central Park (CP). Considering that the CP and the cinema were born around at the same, we question if the North American cinema produced between 1960 and 2013 show the ideals, which engendered the CP. By answering this question we defend the hypothesis that, even though has existed adjusts and modificati ons in the CP plan through time, it kept reasonably faithful to the ERT premises, propitiating to the XX and XXI centuries cinema identify and bring forth the presence of the Olmsted’s Ideals in the present days. The thesis main objective was nonetheless u nderstand similarities and/or differences between the XIX century ideals (that gave birth to CP) and the way the cinema represents the present uses of the place, taking into account that the Olmstedian ERT proposal have survived to the context changes (soc ial, economic, political and cultural). Methodologically , we drew upon bibliographical and documental analysis to build the first chapters and to the cinema as analytical lenses to investigate the ERT. The results point that although the CP plan has kept r elatively intact and faithful to the ERT – with the presence of natural elements in the films (notably vegetation and water) – many of contemporary behaviors were not foreseen previously, especially in relation to sports practice, the massive feminine pres ence, as well as criminality.

Comércio internacional e meio ambiente: estímulo à produção sustentável ou mero protecionismo comercial a posição do Brasil em dois casos de litígio

The World Trade Organization (WTO) was established in 1994 as a result of the Uruguay Round, and has as its principal aim advocate for the maintenance of free trade between nations. The preamble of its Constitutive Agreement specifically cites as an institution the goal of achieving sustainable development and the pursuit of protecting and preserving the environment, bringing into the sphere of world trade the idea that concern for the environmental cause is not restricted only the group of environmentalists, but rather has entered the economic landscape in a way not only ideological, but also pragmatic. The General Agreement on Tariffs and Trade (GATT) 1947, part of the GATT 1994, contains a device that allows the adoption of trade restrictive measures, provided that such measures aimed at protecting the environment - Article XX. The Settlement Body (DSB) is part of the WTO and acts in dissolving disputes between the countries motivated by trade. It examines two cases where countries have imposed restrictive trade measures with environmental justification. The first case was closed in 1996, with award of damages given to Brazil, on the breakdown of U.S. environmental legislation imposed on imported gasoline from Brazil - and the second, begun in 2005 and closed in 2007, coming out victorious again Brazil is on the import ban on retreaded tires to Brazil. The objective is to answer the question: how the environment is treated in the midst of trade discussions - which is aimed at its protection or its use with economic objectives in disguise? For the preparation of this work, extensive documentary research was undertaken with the virtual site of the WTO to review the entire production of legal cases and subsequent analysis of the key issue for the work, and literature of authors who have studied the tense relationship between trade international environment. The first case, it could be seen that the political movement performed by the U.S. with the aim of achieving acceptable standards of air quality was an institutional effort to ensure the quality of air, and thus would be inappropriate to say that the regulation of gasoline was merely a disguised trade barrier.However, a careful analysis of the implementation and operation of gasoline regulation may reveal intentions disguised trade and U.S. environmental argument did not hold. The weight of this environment was relegated, since there were clearly outside interests to the environmental cause. The second case, it was realized that, despite clear attempts by the EC to promote ecological dumping, send when brought to Brazil, supposedly a country with weaker environmental structure on surveillance, a residue that, pursuant to internal policies, as could not be sent to their own landfills, the Brazilian discourse remained focused on the environmental cause, and this sort there was the existence of disguised trade barriers, but of importance, at least a priori, the discussion of foreign forces on the environment environment because there is no way to legally justify the reversal of the total understanding of the first judging body, the sight of all the arguments presented by Brazil and the nonsubmission of new facts upon appeal. Still, quite heartening to reflect on the role of trade liberalization on the environment in general, because, while they do not reach a definitive conclusion will reveal positions in both directions, both for and against, the that only adds to the discussions and makes this a very fertile topic for future research

Análise do licenciamento ambiental como instrumento de política do meio ambiente no Rio Grande do Norte Período 1992-2003

This analysis on the ambient licensing is based on a research that identifies the fragilities and advances of the application of this instrument of politics of the environment in the ambient politics of the Rio Grande do Norte, in the period of 1992 the 2003. The isolated urban area of Búzios, situated in the City of Nísia Floresta/RN, situated in the eastern coast of the State, where concentrates the boarding of the ambient question as a matter in the Brazilian process of urbanization, over all the institutionalization and implementation of the ambient licensing. They are distinguished in the used methodology in consultation to the diverse involved social segments with the ambient subject in study, the example of the managers, technician and specialists, as well as the application of the legislation and norms techniques, the forms of appropriation of the common wealth and the procedures of ambient licensing of the competent agencies. The results of the research designate that the ambient licensing while instrument of the ambient politics is one of the alternatives more efficient as techniques in the process of sustainable development, since it is beyond the prerogatives to conciliate the activities and enterprises with the conservation of the environmental resources and natural benefits to the societies. In the RN one evidenced progress in the ambient legislation and the instructions techniques, and that the imperfections and limitations in the system of ambient licensing are not directly on to the instruments, but in the implementation of mechanisms of the ambient agencies. This because they do not make use of operational structure to apply in practical and established abilities, as an ambient management, institutional joint and deliberations of the State Counselor for Environment

IIRSA: outro passo na pilhagem, exploração e (des) integração dos povos e territórios sul-americanos

La llamada Iniciativa para la Integración de Infraestructura Regional Suramericana (IIRSA) es un acuerdo multinacional celebrado entre los 12 países de América del Sur desde el año 2000, materializado a través de 10 ejes de comercialización orientados a la construcción de varios proyectos de infraestructura, que incluye la construcción de una enorme red de energía, de comunicación y transporte. Estos proyectos han sido financiados principalmente por los organismos multilaterales (BID, CAF, FONPLATA) profundizando la dependencia económica y política de los países involucrados, en especial mediante el aumento de la deuda externa, las empresas transnacionales garantizarán la infraestructura necesaria para la explotación más acentuada de nuestros recursos naturales y de la mano de obra barata, asegurando el abastecimiento de sus mercados. En este sentido, el discurso de crecimiento económico regional creará los mecanismos necesarios para la reproducción ampliada del sistema capitalista, mediante la promoción de la liberalización de los mercados internacionales, tales como intenta los Estados Unidos a través del Área de Libre Comercio de las Américas. En realidad, es un Desarrollo Regional de los países del Norte, un plan estratégico de ordenamiento territorial construido por transnacionales y dictado por el imperialismo de Norteamérica. Bajo la dirección del gobierno de Brasil ha sido implementado sigilosamente, para que los jefes de Estado, sin nombrarlo, ejecuten sus planes de desarrollo como parte de esta tan evidente estrategia de saqueo, entusiasmados y convencidos de que serán generosamente recompensados. Proclaman e inauguran proyectos de infraestructura que las empresas multinacionales y transnacionales consideran indispensables para el saqueo de los recursos naturales que aún quedan, después de cinco siglos de explotación continua de América Latina. En este sentido, nuestra investigación se volvió hacia el análisis de lo sector energético de lo Eje Perú-Brasil-Bolivia, por considerarlo de suma importancia para el mantenimiento de la explotación y consolidación hegemónica de las corporaciones multinacionales en América Latina

Análise do licenciamento ambiental como instrumento de política do meio ambiente no Rio Grande do Norte Período 1992-2003

This analysis on the ambient licensing is based on a research that identifies the fragilities and advances of the application of this instrument of politics of the environment in the ambient politics of the Rio Grande do Norte, in the period of 1992 the 2003. The isolated urban area of Búzios, situated in the City of Nísia Floresta/RN, situated in the eastern coast of the State, where concentrates the boarding of the ambient question as a matter in the Brazilian process of urbanization, over all the institutionalization and implementation of the ambient licensing. They are distinguished in the used methodology in consultation to the diverse involved social segments with the ambient subject in study, the example of the managers, technician and specialists, as well as the application of the legislation and norms techniques, the forms of appropriation of the common wealth and the procedures of ambient licensing of the competent agencies. The results of the research designate that the ambient licensing while instrument of the ambient politics is one of the alternatives more efficient as techniques in the process of sustainable development, since it is beyond the prerogatives to conciliate the activities and enterprises with the conservation of the environmental resources and natural benefits to the societies. In the RN one evidenced progress in the ambient legislation and the instructions techniques, and that the imperfections and limitations in the system of ambient licensing are not directly on to the instruments, but in the implementation of mechanisms of the ambient agencies. This because they do not make use of operational structure to apply in practical and established abilities, as an ambient management, institutional joint and deliberations of the State Counselor for Environment

Influência da formação de pozolanas com adição de metacaulim em concreto de alta resistência

The need to build durable structures and resistant to harsh environments enabled the development of high strength concrete, these activities generate a high cement consumption, which implies factor in CO2 emissions. Often the desired strength is not achieved using only the cement composition. This study aims to evaluate the influence of pozzolans with the addition of metakaolin on the physical mechanics of high strength concrete comparing them with the standard formulation. Assays were performed to characterize the aggregates according to NBR 7211, evaluation of cement and coarse aggregate through the trials of petrography (NBR 15577-3/08) and alkali-aggregate reaction (NBR 15577-05/08). Specimens were fabricated according to NBR 5738-1/04 with additions of 0%, 4%, 6%, 8% and 10% of metakaolin for cement mortars CP V in the formulations. For evaluation of the concrete hardened in fresh state and scattering assays were performed and compressive strength in accordance with the NBR 7223/1992 and NBR 5739-8/94 respectively. The results of the characterization of aggregates showed good characteristics regarding size analysis and petrography, as well as potentially innocuous as the alkali-aggregate reaction. As to the test of resistance to compression, all the formulations with the addition of metakaolin showed higher value at 28 days of disruption compared with the standard formulation. These results present an alternative to reduce CO2 emissions, and improvements in the quality and durability of concrete, because the fine particle size of metakaolin provides an optimal compression of the mass directly influencing the strength and rheology of the dough

Regime jurídico dos incentivos fiscais: uma análise à luz da ordem econômica

This scientific investigation begins with the recognition of the authorization granted by the Constitutional Legislator to the State for, relativizing its neutrality towards the private sector, intervene in the behavior of economic agents, through different means, including fiscal incentives and tax increases in order to achieve the objectives and directives of the Federal Constitution, as well as achieve the rights and guarantees also described in the Federal Constitution. Demonstrates, however, that this intervention in the private sector has the power to generate both salutary reflections as perverse and divorced goals from what was established by the Federal Constitution and Multilateral Agreements and this is the basis that justifies the relevance of the study: because of the urgency to provide a thorough analysis of the phenomenon of state intervention in the Economic Order, given the importance of its impacts, both for citizens' lives, as well as for the maintenance of the State established as it is nowadays. From this premise, this research examines the issue of tax policies adopted in the country, focusing on tax incentives, comparing its use with the principles of the Economic Order and the General Agreement on Tariffs and Trade - GATT analyzing whether these have been respected or if Brazil adopted unjustified protectionist measures. From this context, this research approximated different branches of the law, developed through literature review in areas such as constitutional law, economic law, tax law, financial law and law and economics. This study verifies the motivations and objectives that underlie the adopted justifications for the use of tax incentives, as well as its results, seeking to empirically answer if its use is reasonable and consistent with the terms enshrined in the Federal Constitution of 1988 and GATT. The answer to this research question will be sought through doctrinal analysis, jurisprudence and hard cases. Thus, the study begins with the historical evolution of extrafiscality, analyzes the principles that should guide the behavior of economic agents. Subsequently analyzes the legal regime of tax incentives and the results achieved by hard cases in which the tax policies with extrafiscal nature were adopted in order to demonstrate the positive and negative consequences arising from the adoption of this type of benefit

O processo de acumulação na economia política clássica: uma interpretação não convencional a partir da leitura dos ricos detalhes comumente inexplorados

LOURENÇO, André Luís Cabral de ; Macedo, Luziene Dantas de ; SILVA,Marconi Gomes da ; BEZERRA, Márcia Maria de Oliveira ; PEREIRA, W. E. N. . O processo de acumulação na economia política clássica: uma interpretação não-convencional a partir da leitura dos ricos detalhes comumente inexplorados. In: Encontro Nacional de Economia Política, 14., 2009, São Paulo. Anais... São Paulo, 2009.

O município brasileiro e o direito fundamental do acesso à justiça: a prestação da assistência jurídica municipal ao necessitado

This scholarly work aims to investigate the feasibility and constitutionality of access to justice through the provision of full and free legal assistance by the Brazilian municipalities. Investigates the historical aspects of federalism in a global context, emphasizing the contributions left by American federalism. In the Brazilian context, emphasizing the importance of municipalities as federal entities and their outstanding characteristics, while addressing regional issues of federalism. Leanings to the more detailed analysis of the Brazilian municipalities, contextualizing its legal status, its independence and its constitutional powers. It is emphasized in the same way, the relevant transformations of Brazilian municipalities over the last twenty years of this Constitution of the Federative Republic of Brazil in 1988, especially the various constitutional amendments that affected the local autonomy and budgetary aspects, fiscal and skills, bringing significant changes to the municipalities. It is an approach to the concept of justice and deepening the studies on the fundamental right of access to justice in its various connotations. In this vein, it is a study on the legal advice provided in Brazil, especially the powers of the Public Defender of the States and Union, as well as the provision of such public service by Brazilian municipalities and its relevance to citizens in need. At this point, it deepens the relevance of the theme of this dissertation earning the implications of municipal performance in the provision of legal assistance provided to the needy, and the activity of the Municipal Attorney or legal counsel in conducting such a task and its implications for legal and procedural especially on the constitutionality or otherwise of the conduct of such public service, confronting the constitutional articles that are correlated with the subject. Within this context, evaluates the municipal legal assistance under the test of constitutionality, in particular the assistance given by the Executive, through the Municipal Attorney or specialized secretariats and that provided by the Legislature, although it only has the typical functions of legislating and control the municipal accounts, comes in a few municipalities in Brazil deploying sectors with the performance of legal services to the needy. At this point the thesis, one wonders if some important aspects of this activity such as political influence and patronage, very common in day-to-day municipal prosecutors and legal advisers, public employees or occupying commissioned positions within the municipal administrative structure in several municipalities throughout Brazil. Finally, there will be a conclusion as to the constitutionality of the service being done by presenting proposals and recommendations that may improve the municipal legal aid, allowing a constitutional backing to this important service is being provided in capital cities and municipalities throughout the length of Brazil

Federalismo cooperativo e o exercício da competência administrativa ambiental

This paper aims to discuss the conflicts of competence in environmental matters, as well as the legitimacy of the normative acts in the exercise of jurisdiction effected environmental management. For this work, addresses the issue of federalism, North American (dual) and German (cooperative), deepening its historical and theoretical fundamentals, as well as the influences on the evolution of the ideological matrix of Brazilian federalism. Distinguishes itself around the problem the theoretical and abstract discussion involving the constitutional division of powers, and the issue of his relationship with the vicissitudes in the embracement of environmental matters that invariably leads to mistakes in the exercise of jurisdiction environmental management. Its highlight the existence of a framework environmental law, embodying the principles themselves as well as a specific object of authority, which qualifies a different interpretation of the rules of constitutional powers as well as influencing the acting agent of government in managing the public good environment. The study represents an exploratory research as it investigates the depths of the institutes are in evidence not only with satisfying its practical outcome. For this to happen, explores bibliographical sources and identified by the science of law as more important, as the search for social-political boundary which takes the issue studied in their historical and contextual materiality, whose study is essential for a complete understanding of the topic . The dialectic that arguments have been constructed throughout the monograph, attempts to pass a critical way to expose the author's ideas, which considers as essential in the arrival of new questions

A intervenção estatal no domínio econômico privado através da nova lei de recuperação de empresas e falências (lei 11.101/05)

Analysis of the elements of the Constitutional Order of the letter 1988 politics, with emphasis in the principles of this, a study on the intervention of the State in the private initiative by means of the Law of Recovery of Companies and Bankruptcies (law 11.101/05). New enterprise vision is admitted, over all in the interdependence between economic and social factors. Study on the globalization and the interdependence of economic and legal sciences in the construction of a legal optics in the search for the economic and social development, with the recognition of the interference of the Economy in the Right and its uneven importance. Still, we delineate the state intervention in the economic scope, of company and in the judicial recovery, as well as the consequences of such intervention in the involved credits in the judicial recovery and patrimony of the debtor in recovery. For such task, the elements of the Judicial Recovery, its principles and adequacy of these to the related ones in the chapter had been analyzed that turns on the national economic Order, describing the formal procedure for concession of the benefit of the Judicial Recovery and the principles in existing them. The forms of intervention of the State in the private economy were not disrespected, relating its direct and indirect performance as half of preservation of interests writings in the constitutional scope as public interest and preservation of the National economic Order. The regulating agencies as of direct state intervention were half not disrespected of the study for the relevance of the subject. It is revised national bibliography with incursions in French, Portuguese and North American comparative jurisprudence. One contributes in the aspect of the paper of the Judiciary Power in the protection of the companies in crisis and the social and economic impacts, over all in relation to the rights of the worked ones, credit and enterprise

Análise econômica da expansão do direito penal

Aborda a evolução histórica das liberdades individuais, a partir de apontamentos pertinentes ao constitucionalismo liberal, à formação do Estado de Direito e ao advento dos regimes democráticos amparados em direitos fundamentais. Pretende, quanto aos direitos fundamentais, mostrar diversas classificações, funções, critérios e conceitos, além da sistematização de gerações ou dimensões de direitos. Discorre acerca da teoria dos limites aos limites, ao lado de teorias correlatas em profícua confrontação doutrinária, tudo com fins a estruturar os conceitos basilares de direitos de liberdade, que orientam o restante da obra. Trata do cenário histórico-jurídico do surgimento da Análise Econômica do Direito (AED), consistente, sobretudo, no jusrealismo norte-americano, abordado, em paralelo, com o realismo jurídico escandinavo. Aplica conceitos e premissas de microeconomia ao Direito Penal, com ênfase para a investigação do comportamento criminoso empreendida pela Economia do Crime. Avança não apenas restrito à perspectiva teórica, trazendo dados empíricos e implicações concretas da teoria econômica dos delitos e das penas, que serão reconhecidos na evolução e redução da criminalidade, nas políticas de desarmamento, na estruturação empresarial do narcotráfico, bem como na otimização da administração penitenciária brasileira a fim de concretizar o preconizado pela legislação de execução penal. Desenvolve estudo a partir da leitura histórica do Direito Penal, passando pelos conceitos de sociedade complexa e de riscos. Analisa, após fixados tais pressupostos, algumas causas do processo de expansão do Direito Penal com vistas a identificar propostas alternativas ao hiperpunitivismo hodierno, preservando-se, assim, os direitos de liberdade que sustentam o Estado Democrático de Direito. Propõe uma desconstrução do conceito jurídico do princípio da eficiência administrativa, demonstrando como seu conteúdo normativo foi demasiadamente mitigado pela recepção precária dos respectivos elementos econômicos por parte da doutrina e da jurisprudência pátria. Ressalta a importância jurídica da eficiência econômica, devidamente harmonizada com os demais princípios constitucionais, por força do instrumental analítico da AED Positiva. Investiga criticamente algumas teorias sociológicas tendentes ao funcionalismo penal, sob referenciais de eficiência e de direitos de liberdade. Almeja, ao final, propor a AED como alternativa à expansão funcionalista e irracional dos tipos e sanções criminais, de modo que a aproximação entre Economia do Crime, eficiência econômica e Direito Penal contribua para blindar os direitos de liberdade das vicissitudes típicas da sociedade contemporânea

Indícios sincrônicos de gramaticalização: o uso do verbo chegar em orações coordenadas e na perífrase verbal [chegar (e) + v2]: contribuições para o ensino de gramática.

Based on North American Functional Linguistic Theory, our proposal is to describe and analyze the use of verb CHEGAR in verbal periphrasis such as [CHEGAR (E) + V2], where CHEGAR does not demonstrate a significance linked to physical movement. In linguistic literature, such periphrasis has been attributed several functions, related to aspectualization, emphasis of negative segments, and construction of mental spaces, among others. This study considers that the function of verb CHEGAR in the periphrasis in question is to indicate a global aspect, emphasizing a range of semantic-pragmatic nuances such as the sudden, instantaneous, or even abrupt character of the events refered to by the principal verb of the construction (V2), and/or the taking of initiative (sudden) by the agent (in the syntactic role of periphrastic subject), and/or subjective evaluations which go from surprise to frustration. Our objectives are the following: i) to describe and analyze the semanticpragmatic, morphosyntactic and social relationships which characterize the use of CHEGAR in verbal periphrases like [CHEGAR (E) + V2] and in coordinated/juxtaposed speech in which CHEGAR is the principal verb of the first utterance and is an elocution verb and the principal verb of the second; ii) identify, based on this description and analysis, synchrony proof in the grammaticalization of CHEGAR as an auxiliary verb in the periphrasis refered to. There was observed to be a strong similarity between coordinate/juxtaposed and periphrastic constructions. Such similarities strengthen the hypothesis that the use of CHEGAR as a lexical verb in coordinate/juxtaposed structures is the origin of the use of CHEGAR in the periphrastic structure, since the many properties encountered with higher frequency in lexical use are also just as frequently used as auxiliaries. Nevertheless, between the two constructions being studied, sufficient difference can be observed to see that CHEGAR, in the periphrasis [CHEGAR (E) V2], is behaving like an auxiliary verb, and shows typical properties of these types of verbs: i) in 100% of occurrences, it does not have a complement;ii) it has a co-referential subject in 100% of cases; iii) it does not appear with intervening material between it and V2. Besides this, CHEGAR, in periphrases, is predominant in nonneutral evaluation contexts, denoted by V2. Inspired by the results obtained, we propose strategies for the discussion of the [CHEGAR (E) V2] periphrases in both elementary and high schools.

Variação, mudança e ensino: o caso dos pronomes possessivos da gente e nosso(a)(s) em uma abordagem sociofuncionalista

In this work, we analyze the variation and change phenomenon involving the possessive pronouns da gente and nosso(a)(s) in the light of the theoretical referentials of the North-american linguistic functionalism and of the variationist sociolinguistics. At first we present the phenomenon itself, highlighting the fact that few studies have considered it as an object, gap which we will try to fill in with our contribution. In the following chapter, we emphasize concepts and principles of the functionalism and the sociolinguistics that are used as our background for the data analysis. In the third chapter, we present what the normative grammars inform about our object of study, besides synthesizing some works on variation and change involving the personal pronouns nós and a gente. In the following chapter, we analyze the data. We used data from the Discurso & Gramática a língua falada e escrita na cidade do Natal (FURTADO DA CUNHA, 1998) corpus. In this chapter we present the results for the groups of social and linguistic factors which we can control. Grounded on these results, we specify the preferential contexts for employing the pronouns da gente and nosso(a)(s) and we observe that the social motivations, the valorization credited to the forms and the identity marks underly the restrictions exercised in their use by social factor groups, besides obtaining signs of ongoing changes in apparent time (from the age factor groups) and possible use specializations of each form, what helped us verify the course of the grammaticalization process of the referred pronouns in the community of Natal. In the sixth chapter, we make some considerations on the teaching of grammar and propose activities which can be carried on in the classroom involving the possessive pronouns da gente and nosso(a)(s) considering the variation and change issue

Conectores sequenciadores em artigos de opinião escritos por vestibulandos: uma questão de marcação linguístia com implicações para o ensino

Coordenação de Aperfeiçoamento de Pessoal de Nível Superior