A conduta judicial ética teórica e aplicada contida em princípios e regras deontológicos abrangidos pelo sistema constitucional

Research on Legal Deontology dedicated to theoretical and applied ethics on judicial conduct grounded in legal principles and rules set out in the Constitution of the Federative Republic of Brazil and the Organic Law of the National Judiciary, also contemplating propositional instruments covered by the constitutional system, which conveys behavioural paradigms inserted in the Bangalore Principles of Judicial Conduct, in the Universal Statute of the Judge and in the Latin-American Code of Judicial Ethics, as well as highlight the influence of those instruments in the Brazilian Ethical Code of the Magistrates and in the official complementary training of judges in charge of Judiciary Schools. The study provides the theoretical influxes of moral norm, passing by behavioural social norm to consolidate the ideal standards of judicial conduct into legal standards and related instruments. The Legal Deontology directed to the ethical judicial conduct is confronted with the stereotype that society expressed in relation to the judge's person, who is the political agent that interprets the law for making decisions which directly influences the realization of access to justice, that is constitutionally guaranteed to all. Core values inserted in the constitutional system intended to discipline the judicial conduct are presented and analysed under a critical view, since they are enclosed in prescriptive language that conveys behavioural aspects open to interpretation and which compliance is revealed as a proposition focused on promoting a better solution of interest’s conflicts under the responsibility of those who constitute the distinctive corporation of the Judiciary. The theme’s contextualization also focuses on applied ethics, based on the approach of normative and propositional instruments of deontological content, still focusing on the study of real cases examined by the Brazilian National Council of Justice, as part of its correctional goals.

Apelação no código de processo civil: uma análise sob o prisma do princípio da efetividade

The present dissertation, elaborated is based on the deductive method, through the use of the General Theory of Resources concepts, by the main types of judgments existing in the Code of Civil Procedure, the interlocutory judgment and sentence, as well as the features and effects that challenge these decisions, we sought to identify on this theme one of the greatest evils facing the justice system in the world, which is the processing delays. This slowness in adjudication affects seriously the principle of effectiveness, one of the postulates of procedural law and society as a whole. Thus, the use of tort serves to fight the interlocutory decision and appeal which challenges the judge`s ruling. It is a resource for excellence in appellate system as it meets with the most awaited decision of the process. In weighing the importance of the appeal that seeks to oppose the court decision today by the numerous reforms that the procedural system has been through, it has ended up to transform the process ineffective or inconsistent, for it is much easier to have efficacy in a interlocutory decision for preliminary injunction than by judgment on the merits of the judge. This is due to the prevision of the resources and their effect to those decisions. That is, the interlocutory decision involves interlocutory appeal only in the devolved effect, allowing its provisional execution, and the sentence has as recourse to appeal the double effect, remanding and suspension, which necessarily prevents its provisional execution. But it undeniably shows a paradox, because as to give effect to a measure that is based on a mere probability by a summary cognition, partial and superficial, and stop it on a decision by a court that is closer to the truth and sure, for a full and depleting cognition? It is seriously affect the principle of effectiveness. Therefore, starting from this ineffectiveness, sought to defend the solution of this problem with the approval of the bill n. º 3.605/2004 or the new Code of Civil Procedure project that modifies the general rule the effects of appeal. That is, remanding and suspensive, as to merely remanding effect to and thereby enable the provisional execution of the judgment of the court of the first degree of jurisdiction, giving effectiveness and enhancing the decision of the magistrate, making a fair distribution of time in the process and better guaranteed principle of access to justice

Bioética e odontologia: um perfil dos problemas éticos vividos por cirurgiões-dentistas

Bioethics studies human behavior in the fields ofbiological sciences and health care. Tt strives for humanization in health services along with promoting the rights of patients. In view of the lack of dental research dealing with this topic, the present study was undertaken to identify, from the viewpoint of dental surgeons, ethical problems experienced in dental practice,understand how they occur and how professionals deal with them. It is a descriptive exploratory investigation within a qualitative approach. Empirical material was collected through semi-structured interviews performed with 15 dental surgeons who work both in private and public practice in the state of Rio Grande do Norte, Brazil. The content of the interviews was systemized and organized, resulting in the identification of topics, from which were grouped the ethical problems reported by the participants. The resu1ts indicate that many of the ethical problems coincide with infringements of the norms and mIes of the Dental Code of Ethics, confirming a dental ethic acquired during professional formation and therefore, inadequate for solving the problems that emerge in professional practice. Other questions stand out such as low salaries, competition and poor working conditions. Associated to these problems are lack of commitment and professional responsibility with the patients. Concem with maintaining user autonomy, guaranteeing access to specialized services, and the need for performing only procedures for which they are technically qualified arise in the responses, leading to difficulties in consolidating the principIes proclaimed by bioethics: autonomy, justice, nonmaleficence and beneficence. We concluded that the ethical problems identified in professional practice need to be understood beyond the dental dimension, towards a human approach. It is therefore necessary to incorporate health care management technologies into health practices, including dentistry, which implies recognizing the difTerent dimensions that surround individuaIs, that is, social, economic, political and cultural

Cuidado ambiental em tempos de sustentabilidade: explorando dimensões da conduta sustentável com estudantes universitários

The pro-ecological commitment (CPE) constitutes an important topic within Person- Environment Studies, here seen as a predisposition to practices that result in environmental protection. Under the framework of sustainability, the concept of sustainable behavior emerges, covering, in addition to CPE, new psychological dimensions such as: the future time perspective (PTF) and the ecological worldviews (VEM). The current study intended to explore the concept of sustainable behavior of university students, by means of the association among some of its dimensions: CPE, PTF and VEM. For this purpose, 380 undergraduate students of biology, ecology, nursing, geography, and social service answered a form containing: socio-demographic questionnaire, a question on self-assessment of environmental care, the Scale of Ecocentric and Anthropocentric Environmentalisms, the Scale Consideration of Future Consequences, and the Scale Ecological Worldviews. Based on descriptive and correlational procedures, it was found that 78% of the participants practice or have practiced environmental care (caregivers) and the spread of information has been the practice more frequently reported, and the source of influence for such practices were the school, social networks, and the contact with nature It was also observed the association between practice of environmental care and ecocentric environmentalism, consideration of future consequences and egalitarian worldview (worldview of fragile nature). The lack of environmental care was associated with anthropocentric environmentalism, apathy, and individualistic worldview (worldview of passivity). As expected, and suggested by the literature, positive association were found between the sustainable behavior dimensions investigated in this study and the practice of environmental care

MaRISA-AOCode: uma abordagem genérica para geração de código orientado a aspectos

Currently there are several aspect-oriented approaches that are related to different stages of software development process. These approaches often lack integration with each other and their models and artifacts are not aligned in a coherent process. The integration of Aspect-Oriented Software development (AOSD) and Model-Driven Development (MDD) enables automatic propagation of models from one phase to another, avoiding loss of important information and decisions established in each. This paper presents a model driven approach, called Marisa-AOCode, which supports the processing of detailed design artifacts to code in different Aspect-Oriented Programming languages. The approach proposed by Maris- AOCode defines transformation rules between aSideML, a modeling language for aspectoriented detailed design, and Metaspin, a generic metamodel for aspect-oriented programming languages. The instantiation of the generic metamodel (Metaspin) provided by the approach of Maris-AOCode is illustrated by the transformation of Metaspin for two languages: AspectLua and CaesarJ. We illustrate the approach with a case study based on the Health Watcher System

Estudo do fluxo de neutrino solar com o código evolutivo de Toulouse - Geneva

The study of solar neutrinos is very important to a better comprehension of the set of nuclear reactions that occurs inside the Sun and in solar type stars. The ux of neutrinos provides a better comprehension of the stellar structure as a whole. In this dissertation we study the ux of neutrinos in a solar model, addressing the neutrino oscillation, analyzing with the intention of determining and verify the distribution from a statistical point of view, since this ux depends on the particles intrinsic velocity distributions in stellar plasma. The main tool for this analysis was the Toulouse-Geneva Stellar Evolution Code, or TGEC, which allow us to obtain the neutrino ux values per reaction and per layer inside the Sun, allowing us to compare the observational results for the neutrino ux detected on experiments based on Cl37 (Homestake), Ga71 (SAGE, Gallex/GNO) and water (SNO). Our results show the nal distribution for neutrino ux as a function of the depth using the coordinates of mass and radius. The dissertation also shows that the equations for this ux are present in TGEC.