A democracia participativa na jurisdição constitucional brasileira: o amicus curiae enquanto mediador democrático no controle concentrado de constitucionalidade no Supremo Tribunal Federal

This master thesis aims to research the tension established between the judicial review and democratic theory which was always present in the constitutional doctrine of separation of powers. In this regard, the expansion of the Brazilian constitutional jurisdiction checked after the occurrence of the Federal Constitution of 1988 and the inertia of the Legislature in disciplinary relevant legal aspects of Brazilian society contributed to a hyperactivity of the Supreme Court. However, in a complex society of context, as is the Brazilian society, there are contained demands and political controversies that hardly would be well represented or resolved through the action of the Court of ministers at the expense of other government bodies. Among the supremacy of Parliament and the legitimacy deficit of these magistrates, is the constitutional text and the social fabric that makes this legal status of the political. Participatory democracy established by the guidelines of the Federal Constitution requires this perspective when the Supreme Court acting in place of concentrated constitutionality control. In a plural society, there is no reason to get rid of state decision moments popular participation. Lack the Supreme Court, this time, the democratizing perception that the institute brings to the interior of the Court, as state determination of space in which to come together and meet the aspirations of society and state claims. The dissertation investigates thus the possibility of amicus curiae Institute serve as a mediator of the democratic debate, to assist the Supreme Court in the preparation of the decision is, historically, that which is of greater legitimacy, from the perspective of a theory participatory democracy. Analyzes, likewise, the unfolding of abstract judicial review in the context of Brazilian law. Proposes, incidentally, a rereading of the separation of powers, with the call for the Judiciary be careful not to become the protagonist of national political decisions. It maintains, finally, that procedural opening the interpreters of the constitution, through the amicus curiae Institute, shows up as able to decrease the legitimacy deficit in the performance of the Brazilian Supreme Court.

Nitretação em plasma com gaiola catódica: caracterização e avaliação do desempenho da camada nitretada em facas de corte

Nowadays, in the plastic industry are used mills that accomplish the recycling of residues generated in the production of its components. These mills contain cut sheets that suffer accelerated wear, once they are submitted constantly to the tribologic efforts, decreasing its useful life. To reduce this problem, it s used noble steels or takes place superficial treatments. The ionic nitriding process presents some limitations related to the uniformity of the layer in pieces with complex geometry, committing its application in pieces as knives, head offices, engagements, etc. However, the new technique of nitriding in cathodic cage eliminates some problems, as the restrictions rings, inherent to the conventional ionic nitriding. In present work, was studied the use viabilization of steels less noble, as SAE 1020, SAE 4320 and SAE 4340, nitreded by two different techniques, to substitute the AISI 01 steels, usually used in the cut knifes fabrication, seeking to reduce the costs and at the sane time to increase the useful life of these knifes. The steel most viable was the SAE 4340, nitrided in cathodic cage, because it presented uniformity in thickness and in the hardness of the layer, besides of increased 58% in the average its useful life

Frequência da infecção por Toxoplasma gondii em galinhas caipira e frangos de corte em regiões dos Estados do Rio Grande do Norte e Paraíba

Toxoplasmosis is a zoonosis caused by Toxoplasma gondii, a protozoan that has a cosmopolitan geographic distribution and low host specificity. Usually a benign and selflimiting, infection can manifest itself in a severe systemic becoming overwhelming in fetuses and patients with immunosuppression. Domestic fowl are considered one of the most important hosts in the epidemiology of toxoplasmosis, since they are potential sources of infection for humans, in addition to playing the role of important indicators of environmental contamination by oocysts of T. gondii. We studied the prevalence of infection by the protozoan in chickens of different breeding systems mesoregions from the states of Rio Grande do Norte and Paraiba: broilers from commercial farms (200/PB) and free-range chickens of small farms (322/RN and PB). Were standardized IFAT and ELISA techniques for detecting specific antibodies in blood samples of birds, and commercial kit was used to determine the prevalence by IHAT. There was no seropositive reaction by T. gondii in the samples of broilers tested, indicating that the particularities of intensive management limit the chances of infection for these animals. Among the hens, the frequency of IgG anti-T. gondii diagnosed by the techniques of IHAT, IFAT and ELISA, respectively, were 3.73% (12/322), 37.88% (122/322) and 40.37% (130/322), for both young and adult animals. Amongst the seropositive samples by IFAT, 33 (27.05%) were positive at a dilution of 1:16, in 1:32, 31 (25.41%), in 1:64, 24 (19.67%), 15 (12.29%) in 1:128, and 19 presented titer greater than or equal to 1:256 (15.57%). The evaluation of the presence of anti-T. gondii should be careful, and reagents IHAT provided erratic results in this measure for the specie studied. This suggests the need for own standardization of the kit before the use in epidemiological studies in animal species. On the other hand, substantial agreement observed between IFAT and ELISA techniques (Kappa = 0.62) enables these methods as effective methodologies for the diagnosis of toxoplasmosis in chickens. The high prevalence of specific antibodies among poultry in the region studied attempts to the potential risk of transmission of toxoplasmosis to humans

A construction como método concretizador de direitos fundamentais: aplicação na jurisdição constitucional brasileira

The way of organization of the constitutional jurisdiction implies the possibility to extend the democratization of the same one in function of the popular participation in the active legitimacy to constitutional process (procedimentalist model) e, at the same time, to assure technical viable decisions fast and to the complex problems of the constitucional law (substancialist model). The comparison with the constitutional jurisdiction of U.S.A. becomes interesting from the knowledge of the wide power to decide experience of Supreme the Court that for a methodology of construction of rights and not simply of interpretation of the Constitution, brought up to date and reconstructed throughout its historical evolution the direction of the norms of basic rights and the North American principles constitutional. Construction while constitutional hermeneutic method of substancialist matrix works with techniques as the measurement of principles, the protection of interests of minorities and the entailing of the basic rights with values politicians, what it can be brought to evidence of the Brazilian constitutional jurisdiction in order to improve the construction of basic rights that comes being carried through for the judicial ativism in control of the diffuse and abstract constitutionality. To define the limits of construction is to search, on the other hand, a dialogue with the procedimentalists thesis, aiming at the widening of the participation of the citizen in the construction of the basic rights for the constitutional process and to argue forms of the society to evaluate the pronounced decisions activist in the controls diffuse and abstract of constitutionality

O piso salarial nacional: a valorização do professor na Constituição de 1988

The paper investigates the legal mechanisms used by the Legislature and the Executive to implement the constitutional principle of the teacher s minimum wage, which is proclaimed in the Constitution as a strategy of professional appreciation for this category. The text demonstrates that the legal mechanisms used to value the teacher were: the 1988 Constitution, the constitutional amendments to this Charter updated and modified the original text in relation to the matter, and finally, the Minimum Wage Law . Article nº 206 of 1988 s Federal Constitution established that basic education teachers, who work in public schools, would be entitled to a national minimum wage. Law nº 11.738/2008 ( Minimum Wage Law ) regulated the matter and made other determinations on the relationship between the State and the teachers such as the establishment of parameters for the distribution of the workload of teachers. Based on this law, since 2009 the minimum wage has been set annually by the Federal Government. However, state governments and municipalities throughout Brazil protested prescriptions contained in the Minimum Wage Law . In this context, some governors and mayors led the Supreme Court regarding the constitutionality of this law. The complainants considered that there was unconstitutional by the following: definition of the teacher s workday, which in the complainants point of view was competence of local governments; ensuring that teachers receive salaries tied to the minimum wage with retroactive effect; transformation of the minimum wage in basic salary, lack of sufficient budget in the states and municipalities to honor with the new values to be paid to teachers and, finally, determining workload for the teacher to perform other activities besides classroom activities. At the trial held at the STF the majority of Ministers rejected the claim and considered that the Minimum Wage Law , taken together, was constitutional. However, this decision did not alter the position of the managers or the interpretation of the ministers who agreed with the unconstitutionality of some aspects of the law. This means that one law can present differences in interpretation between ordinary people and among members of the Judiciary. The search showed the following conclusions: the law is not a definitive parameter of justice, because it is deeply linked to various interests; the development, implementation, and judgment of laws dealing with minimum wage of teaching are linked to historical and cultural aspects of society; the demand for enhancement of teacher and setting a minimum wage has only emerged in the late twentieth century, a fact explained in this work based on data that indicate the recent concern of Brazilian State with schooling a phenomenon typically Republican and with the professionalization of teaching emerging concern from the knowledge society; the Legislative and Executive search mechanism to implement the minimum wage of the teachers because of the contemporary need for professionalization of teaching

O direito fundamental contra a autoincriminação: a análise a partir de uma teoria do Processo Penal Constitucional

The right against self-incrimination is a fundamental right that works in the criminal prosecution, and therefore deserves a study supported by the general theory of criminal procedure. The right has a vague origin, and despite the various historical accounts only arises when there is a criminal procedure structured that aims to limit the State´s duty-power to punish. The only system of criminal procedure experienced that reconciles with seal self-incrimination is the accusatory model. The inquisitorial model is based on the construction of a truth and obtaining the confession at any cost, and is therefore incompatible with the right in study. The consecration of the right arises with the importance that fundamental rights have come to occupy in the Democratic Constitutional States. In the Brazilian experience before 1988 was only possible to recognize that self-incrimination represented a procedural burden for accused persons. Despite thorough debate in the Constituent Assembly, the right remains consecrated in a textual formula that´s closer to the implementation made by the Supreme Court of the United States, known as "Miranda warnings", than the text of the Fifth Amendment to the U.S. Constitution that established originally the right against self-incrimination with a constitutional status. However, the imprecise text does not prevent the consecration of the principle as a fundamental right in Brazilian law. The right against self-incrimination is a right that should be observed in the Criminal Procedure and relates to several of his canons, such as the the presumption of not guilty, the accusatory model, the distribution of the burden of proof, and especially the right of defense. Because it a fundamental right, the prohibition of self-incrimination deserves a proper study to her constitutional nature. For the definition of protected persons is important to build a material concept of accused, which is different of the formal concept over who is denounced on the prosecution. In the objective area of protection, there are two objects of protection of the norm: the instinct of self-preservation of the subject and the ability to self-determination. Configuring essentially a evidence rule in criminal procedure, the analysis of the case should be based on standards set previously to indicate respect for the right. These standard include the right to information of the accused, the right to counsel and respect the voluntary participation. The study of violations cases, concentrated on the element of voluntariness, starting from the definition of what is or is not a coercion violative of self-determination. The right faces new challenges that deserve attention, especially the fight against terrorism and organized crime that force the development of tools, resources and technologies about proves, methods increasingly invasive and hidden, and allow the use of information not only for criminal prosecution, but also for the establishment of an intelligence strategy in the development of national and public security

A missão política do Supremo Tribunal Federal: análise de sua importância como corte constitucional para o controle do poder no Brasil

The following study proposes an analysis of the politic process which the brazilian constitutional justice faces, emphasizing the Supremo Tribunal Federal . For that purpose, we start by examining the intimate relationship between Politics and Law, in view of the most recent social systems theories, so that the political system is distinguished by the exclusiveness of using the physical force, intending to make coletive tying decisions, and the juridical system as a congruent generalization of the expectations towards the rules and principles, brought together under an interdependence by which both gather legitimacy and effectiveness. In this manner we can notice the political effects of the constitutional interpretation conducted by Judges as well as by other juridical professionals, because these ones decrease the overload of expectations which are pointed to the Judicature. Constitutional interpretation is democratized since the participative democracy arises and stablishes a permanent state of awareness around the exercise of power and favours the preservation of the pluralism (counter-majoritary principle) where we can find the origin of the democratic nature of constitutional courts, once, in most cases, their members are not elected by the people. After that, we analyse the historical posture of the Supremo Tribunal Federal as a constitutional court in Brazil, so we can realize the attempts to make it vulnerable to the appeals of governability and economical aims, agains which this court somehow has resisted, stressing its particularities. At the end, it s concluded that even the so-called acts of government, whose judiciary control is mostly repelled, are subjected to a constitutional analysis, last frontier to be explored by the Supremo Tribunal Federal in its role of exposing our republican Constitution

Estudo do comportamento no estado fresco e endurecido do concreto com incorporação de resíduo de corte de botão

This works aims at investigating the effects of adding waste from RCBP-polyester button manufacturing to Portland cement concrete, particularly regarding its consistency and mechanic strength. The RCBP used came from a button factory located in Parnamirim, RN, Brazil. The waste was added to the concrete on different ratios: 5 %, 10 %, 15 % and 20 % of the total cement mass. A sample of concrete without the RCBP was used as reference, 1:1,33:2,45:0,50. For the mechanic strength test four samples were tested with different ages (3, 7 and 28 days old) and mixtures. Furthermore, a Slump Test was also conducted in order to verify the concrete s consistency. A tendency to a reduction in the compression resistance was noticed for all samples. For the samples with 5 % and 10 %, there was also an increase in the traction resistance during inflexion, regarding the reference concrete. In the microstructural analysis, the RBCP was observed to show an irregular and porous surface, thus explaining the consistency decrease

Tecnologia mais limpa para produção de mel seco de cana e sua inclusão em rações de frangos de corte

This study analyzed the effects of adding dry sugar cane molasses (MSC) to the feed of broiler chickens, and determining the economic feasibility of use of this type of diet; 240 male Ross race broiler chickens, one day in age, were utilized in this study. The experimental desing was a completely randomized whit 6 treatments and 4 replications, in 24 portions of 10 birds per parcel. The treatments corresponded to 6 rations (T1-T6) in phase initial (1-21 days) and 6 rations (T1-T6) in phasem finish (22-42 days) characterized by substitution of corn meal in levels increase 0, 5, 10, 15, 20 e 25% by the molasse dried sugar-cane. The birds received water and free ration during the whole creation phase, being the iso-proteins and iso-calories rations. The variance analysis showed the 1 a 21 days significant differences for average gain weight (P<0,05), average consumption of ration (P<0,05) and average alimentary conversion (P<0,05) and the 22 a 42 days, the analysis of variance showed significant differences for gain in weight (P<0,01) and average alimentary conversion (P<0,05). There no difference significant on average consumption of ration (P>0,05) the 22 a 42 days of age. Results showed out that is possible to use molasse dried sugar-cane up to 8,3 % in broilers ration. It was concluded the level of 8,3 % of addition gave the best economical returns in the experimental conditions

Avaliação de pastagens tropicais em sistemas de produção de ovinos de corte no nordeste brasileiro

He aim of this study was to evaluate the structural characters, herbage accumulation, nutritive value and performance of sheep in different tropical pastures. The treatments were two cultivars and two of the genera Panicum Brachiaria pastures under intermittent stocking and variable stocking rate, in the rainy season. We evaluated the masses and the components of herbage pre grazing in two layers, and after grazing. Chemical analyzes were made of the stems and leaf blades pre grazing in two layers. We used 48 male sheep and whole for the assessment of individual weight gain and area, and anestrous females to adjust the stocking rate. In the cv. Massai showed the highest herbage mass, leaf blades and dead material, and the largest volume density and leaf blade: stem pre grazing. There was no difference among cultivars for the percentage of leaf blade (PLB) in both strata, but the higher the PLB was higher than the bottom. The highest percentage of dead material (PDM) was observed in cvs. Massai and Marandu in the two strata. In cvs. Massai and Piatã were observed lower levels of crude protein in stem and leaf. In stratum 0-25 cm lower nutritional value was observed in the stem in the leaf blades did not grant the nutritional value among the strata. Herbage mass, leaf blade, PLB and proportion of stem in the residue of the Massai pastures were higher than cv. Aruana. There was no difference for efficiencies in harvest leaf and stem between the cultivars. The cv. Massai got the higher accumulation of leaf per cycle per day. Animals kept in grass swards Aruana had the highest average daily gain. The higher stocking rates and earnings per area were observed in grass swards and Marandu Massai. The cultivars are suitable for sheep meat production in the rainy season

Suplementacao de zinco orgânico na racão de frangos de corte alojados em cama nova ou reutilizada

Abstract: Several factors can affect the development of the broiler, among them we can highlight nutrition and management. In the context nutritional, mineral supplementation is a necessary practice because, in general, the diets did not contain these elements in sufficient quantity to meet the needs of poultry. Zinc is a trace mineral essential to life, participating in several important functions in the body. Generally zinc is added to diets of birds in inorganic forms (oxides, carbonates or sufatos), however in its organic form or chelated presents more bioavailable. The objective of this study was to evaluate the effect of levels of organic zinc (ZnO) in the diet of broilers from 1 to 42 days, housed in new or reused litter. The experiment was conducted in the poultry sector of the Special Unit for Agricultural Sciences EAJ / UFRN. 576 chicks were used 1 day of commercial strain Cobb, distributed in a completely randomized in a 4x2 factorial arrangement with four levels of ZnO 0, 40, 80 and 120 ppm and two environments, new bed (COn) and reused litter (CRE) resulting in eight treatments with six replications of 12 birds. In the pre-initial responses were linearly increasing levels of ZnO on feed intake and quadratic effect on body weight and weight gain. The levels of 72.41 and 70.05 ppm of ZnO in the diet of chicks improved body weight and weight gain, respectively. There was interaction between ZnO and the type of bedding used. The ZnO did not affect broiler performance in the growing phase. There was an interaction between levels of ZnO and type of bed used. The levels of 61.50 and 85.30 ppm organic zinc improves immunity and increases the deposition of zinc in tibia of broilers at 42 days, respectively. ZnO also increases the resistance of the skin of broilers at 42 days of age. Using Cre improves performance of broilers from 1 to 42 days old

Respostas morfogênicas e estruturais de gramíneas tropicais em regime de corte no nordeste brasileiro

The production of forage grasses is directly related to the morphogenesis. The knowledge of the morphogenetic and structural variables of forage plants is important for determining appropriate conditions of grazing livestock to ensure efficient and sustainable. Thus the objective of this study was to evaluate morphogenetic and structural responses of three genera of grasses, Brachiaria, Panicum and Cenchrus in a cutting regime. The experimental design was randomized blocks with three replications and six treatments. After each section were evaluated for forage production, appearance and elongation rates of leaves and stem, phyllochron, final leaf length, number of living leaves, leaf lifespan, leaf senescence rate, tiller density and tiller dynamics. On forage yield the highest values were obtained in cultivars Xaraes, Piata and Massai. The tiller density was higher for cv Massai. It is concluded that the cultivars of Panicum and Brachiaria had a higher tillering dynamics in increasing the turnover rate of tissues that are indicators of forage production, assuming that the cultivars of these genera are predisposed to use forage in the Northeast

Valor nutritivo de fenos de moringa (moringa oleifera lam) com diferentes idades de corte

This study was conducted to evaluate the consumption and digestibility of dry matter (DM), organic matter (OM), crude protein (CP), ether extract (EE), total carbohydrates (TC), non-fiber carbohydrates (NFC) and neutral detergent fiber (NDF) in sheep fed hay moringa (Moringa oleifera Lam) obtained with four cutting ages (28, 35, 42 and 49 days). We used 20 females Morada Nova breed, with 20kg of live weight, distributed in a completely randomized design and maintained in metabolism cages. There was a negative linear effect of age of cutting on DM intake, with an estimated maximum consumption of 0.67 kg / day for the hay produced at 28 days of cutting. It was also observed linear behavior, with an estimated maximum consumption 172g/dia, 0.36 kg / day; 18g/dia, at 35, 42 and 49 days old, for CP, OM and EE, respectively. For NDF, quadratic effect was found with advancing maturity of the plant. The apparent digestibility of DM, CP, OM and TC linearly decreased with advancing age of cutting hay Moringa oleifera. It was concluded that the hay Moringa oleifera showed better nutritional value after 28 days of cutting

Novas formulações de fluidos de corte: otimização, propriedades e recuperação do óleo usado

Cutting fluids are lubricants used in metal-mechanical industries. Their complex composition varies according to the type of operation carried out, also depending on the metals under treatment or investigation. Due to the high amount of mineral oil produced in Northeastern Brazil, we have detected the need to better use this class of material. In this work, two novel formulations have been tested, both based on naphthenic mineral oil and additives, such as: an emulsifying agent (A), an anticorrosion agent (B), a biocide (C) and an antifoam agent (D). Each formulation was prepared by mixing the additives in the mineral oil at a 700-rpm stirring velocity for 10 min, at 25°C, employing a 24 factorial planning. The formulations were characterized by means of density, total acid number (TAN), viscosity, flash point and anticorrosion activity. In a subsequent study, oil-in-water emulsions were prepared from these novel formulations. The emulsions were analyzed in terms of stability, corrosion degree, percentage of foam formation, conductivity, accelerated stability and particle size. The samples were appropriately labeled, and, in special, two of them were selected for featuring emulsion properties which were closer to those of the standards chosen as references (commercial cutting oils). Investigations were undertaken on the ability of NaCl and CaCl2 to destabilize the emulsions, at concentrations of 2%, 5% and 10%, at an 800-rpm stirring velocity for 5 min and temperatures of 25º, 40º, 50º and 60ºC. The recovered oils were chemically altered by reincorporating the same additives used in the original formulations, followed by preparation of emulsions with the same concentrations as those of the initial ones. The purpose was to assess the possibility of reusing the recovered oil. The effluents generated during the emulsion destabilization step were characterized via turbidity index, contents of oil and grease, pH, and contents of anions and cations, observing compliance with the parameters established by the current environmental legislation (Brazil s CONAMA 357/05 resolution). It could be concluded that the formulations presented excellent physicochemical properties as compared to commercial cutting fluids, showing that the quality of the newly-prepared fluids is superior to that of the formulations available in the market, enabling technically and environmentally-safe applications