Desvios de finalidade no Direito Constitucional Tributário brasileiro: aspectos estruturais e teleológicos da tributação na Constituição Federal de 1988

This work deals with considerations regarding common types of tax misuse that are present in the 1988 Brazilian Constitution. Thus, the work aims to unveil dogmatic features present in these practices that are considered illegal and are beset with vices such as power misusage. The research also aims to acknowledge the unconstitutionality issues regarding other guidance on behalf of goods that are responsible for the gradual positive approach realized by the 1988 Brazilian Federal Constitution. Thus, the work systematically used methodological procedures that aim to interpret the logical premises present as in the structure proposed by incidence rule matrix as in Ihering´s correction criteria considered as effective in itself. This is done also considering themes such as the Brazilian Public Tax legal matters. The work also performs a teleological debate of the Brazilian National Tax System as well as other related themes. It is understood that power misusage or any regards increase in aliquots. This can be observed in the quantitative criteria present in central aspects regarding taxes that are described in the constitutional regime either regulatory or induced nature, such as §1º, of the normative information present in article number 153 which is considered predominantly as tax raising such as pointed out in the 1988 Brazilian Constitution. On the other hand, it is seen that the type of misguidance with goods is understood as a practice that deviates as well as cuts connection with (rectius, unattaches) tax resources that are gathered and destined to specific constitutional purposes. At the end, the work deals with issues that aim to identify possible causes that lead to the use of norms and patterns that regulate such deviations. The research emphasizes ratio issues that are present in tax inspection proposals and invalidation that aim to restore the logical compatibility of these normative actions included in the Constitutional Tax Legal matters that was put forth by the 1988 Brazilian Federal Constitution

Efeitos das transferências intergovernamentais sobre as finanças públicas dos municípios do Rio Grande do Norte (2001-2010)

The Brazilian tax structure has specific characteristics and the performance level of government. The autonomy given to municipalities to manage their activities after the 1988 Constitution, made them highly dependent on intergovernmental transfers of resources, revealing the fragility of the administrative capacity of these entities. The vertical gap revealed by the constitutional structure of the Brazilian fiscal federalism model contributes to the formation of this specific feature that you are eroding the tax base and the ability of municipal own revenues. Although there was a better regulation of these transfers after the enactment of the Fiscal Responsibility Law, it is observed that the amount of resources transferred to the municipalities of Rio Grande do Norte is very high and is the main source of revenue of municipalities. In light of the theory of federalism and fiscal decentralization, in particular, the theories related to intergovernmental transfers, we seek to diagnose the transfers from the systematization of information on the origin, destination and value. We used the econometric model of System Dynamic Panel GMM in making the diagnosis and verification of the impact of transfers on public finances of the municipalities of the newborn, associated with a review in light of the theory of fiscal federalism and intergovernmental transfers. The paper presents some proposals for the transfer system and the composition of spending in order to contribute to greater tax efficiency

Adequação bioclimática para os espaços urbanos abertos do centro de Fortaleza, CE

This research presents a study investigating the correlation between the environmental-physycal charcateristics of cities and the formation of its micro-climates. The study was conducted in the central area of Fortaleza characterized as a stable and consolidated area, where the city originated and currently faces serious problems in its urban dynamics. The points of measurements were determined by the elaboration and analysis of topography maps, height of buildings, land use, type of surface coating and vegetation, following the methodology of Katzschner (1997). A zoning map was then determined, according to common morphological characteristics of the 12 measurement points, which were based on a set of Romero s (2001) bioclimatic criteria. Air measurements, temperature, humidity, intensity and direction of winds were made in transect form in two different circuits in the study area, with six points of data collection in each area, in three different times: 6:00 am, 1:00pm and 7:00pm, during two periods of the year: August 2008 and March 2009. The results verified the influence of different environmental-physical types in the behavior of the climatic variables that were collected. A verticalização tão condenada em algumas situações se bem equilibrada e controlada pode reduzir as temperaturas do ar através do sombreamento dos espaços urbanos e possibilidade de maior permeabilidade a ventilação natural. The highest average air temperature and lower humidity were recorded at the point I at all times. This situation may have been in result of the high density, poor vegetation and extended paving of the ground. According to the results, it s clear the positive influence vegetation has on easing air temperature. Another indicator observed that areas with a greater variation in building heights tend to present decreased average air temperature. High rise structure, planned in accordance to urban air quality parameters, can reduce air temperatures by the shading of urban spaces and the possibility of greater penetration of natural ventilation

Estudo da molhabilidade de ligas de adição à base de prata sobre insertos cerâmicos para aplicação em brocas perfuração de poços de petróleo

Metal-ceramic interfaces are present in tricone drill bits with hard ceramic inserts for oil well drilling operations. The combination of actions of cutting, crushing and breaking up of rocks results in the degradation of tricone drill bits by wear, total or partial rupture of the drill bit body or the ceramic inserts, thermal shock and corrosion. Also the improper pressfitting of the ceramic inserts on the bit body may cause its total detachment, and promote serious damages to the drill bit. The improvement on the production process of metal-ceramic interfaces can eliminate or minimize some of above-mentioned failures presented in tricone drill bits, optimizing their lifetime and so reducing drilling metric cost. Brazing is a widely established technique to join metal-ceramic materials, and may be an excellent alternative to the common mechanical press fitting process of hard ceramic inserts on the steel bit body for tricone drill bit. Wetting phenomena plays an essential role in the production of metal/ceramic interfaces when a liquid phase is present in the process. In this work, 72Silver-28Copper eutectic based brazing alloys were melted onto zirconia, silicon nitride and tungsten carbide/Co substrates under high vacuum. Contact angle evolution was measured and graphically plotted, and the interfaces produced were analysed by SEM-EDX. The AgCu eutectic alloy did not wet any ceramic substrates, showing high contact angles, and so without chemical interaction between the materials. Better results were found for the systemns containing 3%wt of titanium in the AgCu alloy. The presence os titanium as a solute in the alloy produces wettable cand termodinamically stable compounds, increasing the ceramics wetting beahviour

Acordos internacionais sobre a produção compartilhada de recursos naturais: a unitização interestatal na área do petróleo e gás sob o enfoque constitucional brasileiro

The apportionment of natural resources between sovereign States is a subject that relates many aspects of International law, as long as Constitutional Law, at the execution and application phases of international treaties that regulates the exploration of common goods. In this sense, because of their natural characteristics that creates an environment of constant migration and fixation in transboundary regions, terrestrial or maritime, the petroleum and the natural gas bound a complex juridical apparatus that can control the sovereign rights involved. This research is aim at accomplishing a study concerning the international agreements that enable the non-unilateral action, specifically the unitization treaties between sovereign States, as a manner to resolve situations related to the individualization of oil and/or gas reservoirs that go across their national borders. These agreements will be analyzed considering the international public law sources theory, bearing in mind yet the already existed experiences in this sense, not disregarding the way that this fact could affect Brazil. It will begin with an historical incursion over the unitization institute, covering its main characteristics and its formation and execution procedures, and finally it will address the Brazilian legal system and the comparative law threats the institute. The clauses of these relevant agreements will be analyzed in details, concerning its particularities and its contents. Because these agreements are international obligatory rules of law, it is indispensable that they are considered under the auspices of the international law system, focusing their nature and the subjects of international law and establishing them as sources of the international law, analyzing them, then, as international rules and the applicable law to these juridical relations, the conventional established, the consolidated international custom and the applicable International Law principles, appearing the State s responsibility as an important subject for the verification of the acts lawful practiced by States. The analysis of the apportionment of these natural resources ends with the individualization of possible exploitable marine oil fields located between the exclusive economic zone and the continental platform ends and the region administrated by the International Seabed Authority. At last, the Brazilian constitutional system appears as the mechanism of integration, application and execution of the international unitization agreements in Brazil, detaching the format and the proceedings that the international treaties take to acquire validity at the national legal system, passing through the treaties interpretation and the applicable constitutional principles, coming to its application in Brazil, considering the existing constitutional peculiarities and the role played by the National Agency of Petroleum, Natural Gas and bio-fuel ANP

Segurança da informação no correio eletrônico com base na ISO/IEC 17799 :um estudo de caso em uma instituição superior com foco no treinamento

The electronic mail service is one of the most Internet services that grow in the corporate environment. This evolution is bringing several problems for the organizations, especially to information that circulates inside of the corporate net. The lack of correct orientation to the people, about the usage and the security importance of these resources, is leaving breaches and causing misusage and overuse of service, for example. In recent literature, it starts to coming out several ideas, which has helped to rganizations how to plain and how to implement the information security system to the electronic mail in computer environment. However, these ideas are still not placed in practice in many companies, public or private. This dissertation tries to demonstrate the results of a research that has like goal, identify the importance that user training has over the information security policy, through a case study inside of private superior education institute in this state. Besides, this work had by basic orientation the ISO/IEC 17799, which talk about People Security. This study was developed over a proposed model to this research, which looked for offer conditions to guide the institution studied, how to plan better a information security policy to the electronic mail. Also, this research has an exploratory and descreptive nature and your type, qualitative. Firstly, it was applied na questionary to the information technology manager, as better way to get some general data and to deepen the contact which still then, it was being kept through e-mail. Thereupon this first contact, eleven interviews were done with the same manager, beside one interview with twenty-four users, among employees e students. After that to collect and transcript the interviews, were review with the manager all informations given, to correct any mistakes and to update that informations, to then, start the data analyze. The research suggests that the institution has a pro attitude about the information security policy and the electronic mail usage. However, it was clear that answers have their perception about information security under a very inexperient way, derived of a planning lack in relation to training program capable to solve the problem

Critérios comportamentais utilizados por técnicos na avaliação do desempenho esportivo de futebolista das categorias de base

Currently one of the major concerns in sports is to identify, select, discover and reveal talents in soccer. As principal reasons is perceived the search direct or indirect for resources for players, clubs, media, sports brands and their sponsors. However, high salaries are an exception and not a rule, because the majority of professional players in Brazil receives 1 minimum salary per month. It is also known that on professional clubs, daily, arriving several players to try to be a professional soccer player, however, the majority of clubs - almost all does not present methodological, systematic and analytical aspects to select promising players. The selective processes ("sieves" or "big sieves") developed by technical observers ( olheiros") summarized in the observation of the sportive performance of a big group of players in a period of few minutes given to each player. In this period the target behavior is the ability with the ball. If promising players are identified on that selection, they are referred to the club for a new observation, which will be conducted by the responsible coach of base category in question. It is understood by base categories, the amateur categories (not professional), to serve as a "base" for the formation of the cast of professional clubs. What are sub-13 (under 13 years), sub-15 (under 15 years), sub-17 (under 17 years) and sub-20 (under 20 years). The absence of common criterias and performance indicators of these professionals may hamper the evaluation of promising players, and be a costly activity for the club. This study proposes to identify, characterize and categorize the criterias and methods of behavioral evaluation, used by coaches of base categories of Rio Grande do Norte (RN) to evaluate the sportive performance of young soccer players, with the purpose of to compare the criterias of evaluation of sportive performance of young soccer players, used by coaches with different time of experience in function. The proposal had 2 pilot studies, the first (June and July, 2007) were interviewed 29 coaches, 17 of category sub-13 and 12 of category sub-17. The data were tabulated and organized into spreadsheets in order to describe, and developed a set of descriptors of behavior. And the second (May and June, 2008), with revisions made based on observations, analysis and descriptions found in the first, were interviewed 14 technical of category sub-15. After the results found in pilots, it was possible to outline the study in question, which had 46 coaches base categories of the RN. And from the results show that the characteristic of greatest importance, according to the interviewees was the behavior, the 2nd most important characteristic considered was the motivation, the 3rd was the ability and the 4th was the physical condition and the last was the affiliation. And by analyzing the results to the methods of evaluation of sportive performance used by coaches, it was noted clearly that most uses only the observation to select young soccer players. Therefore, needs a systematization to the selection of soccer players, since there is complexity in the verification of characteristics and aspects involved with purpose to avoid wrong evaluations and selections and the results negligible

Efeito da força iônica nas propriedades de fluidos de perfuração aquosos à base de polímeros carboxilados e sulfatados

In the well drilling operations problems caused by contamination of the drilling fluid are common. The dissolution of ions from the geological formations affects the rheological and filtration properties of the fluids. These ions shield the charges of ionic polymers, leading to its precipitation. In this work was performed a detailed study on the stability of the properties of aqueous solutions and aqueous drilling fluids in the presence of sulphated and carboxylated polymers, using carboxymethylcellulose and kappa-carrageenan as polymer compounds carboxylated and sulfated model, respectively. The effects of ionic strength of the aqueous medium containing Na+, Mg2+ and Ca2+ on rheological properties of the polymer and drilling fluids solutions were evaluated by varying the concentration of salts, pH and temperature. It was observed that the fluids with κ-carrageenan suffered less influence against the contamination by the ions at pH 9 to 10, even at higher concentrations, but higher influence on pH> 11. The fluids containing carboxymethylcellulose were more sensitive to contamination, with rapid reduction in viscosity and significant increase of the filtrate volume, while the fluid based polymer sulfated kappa-carrageenan showed evidence of interaction with cations and preserve the rheological properties and improved stability the volume of filtrate.

Efeito da força iônica nas propriedades de fluidos de perfuração aquosos à base de polímeros carboxilados e sulfatados

In the well drilling operations problems caused by contamination of the drilling fluid are common. The dissolution of ions from the geological formations affects the rheological and filtration properties of the fluids. These ions shield the charges of ionic polymers, leading to its precipitation. In this work was performed a detailed study on the stability of the properties of aqueous solutions and aqueous drilling fluids in the presence of sulphated and carboxylated polymers, using carboxymethylcellulose and kappa-carrageenan as polymer compounds carboxylated and sulfated model, respectively. The effects of ionic strength of the aqueous medium containing Na+, Mg2+ and Ca2+ on rheological properties of the polymer and drilling fluids solutions were evaluated by varying the concentration of salts, pH and temperature. It was observed that the fluids with κ-carrageenan suffered less influence against the contamination by the ions at pH 9 to 10, even at higher concentrations, but higher influence on pH> 11. The fluids containing carboxymethylcellulose were more sensitive to contamination, with rapid reduction in viscosity and significant increase of the filtrate volume, while the fluid based polymer sulfated kappa-carrageenan showed evidence of interaction with cations and preserve the rheological properties and improved stability the volume of filtrate.

Adequação bioclimática para os espaços urbanos abertos do centro de Fortaleza, CE

This research presents a study investigating the correlation between the environmental-physycal charcateristics of cities and the formation of its micro-climates. The study was conducted in the central area of Fortaleza characterized as a stable and consolidated area, where the city originated and currently faces serious problems in its urban dynamics. The points of measurements were determined by the elaboration and analysis of topography maps, height of buildings, land use, type of surface coating and vegetation, following the methodology of Katzschner (1997). A zoning map was then determined, according to common morphological characteristics of the 12 measurement points, which were based on a set of Romero s (2001) bioclimatic criteria. Air measurements, temperature, humidity, intensity and direction of winds were made in transect form in two different circuits in the study area, with six points of data collection in each area, in three different times: 6:00 am, 1:00pm and 7:00pm, during two periods of the year: August 2008 and March 2009. The results verified the influence of different environmental-physical types in the behavior of the climatic variables that were collected. A verticalização tão condenada em algumas situações se bem equilibrada e controlada pode reduzir as temperaturas do ar através do sombreamento dos espaços urbanos e possibilidade de maior permeabilidade a ventilação natural. The highest average air temperature and lower humidity were recorded at the point I at all times. This situation may have been in result of the high density, poor vegetation and extended paving of the ground. According to the results, it s clear the positive influence vegetation has on easing air temperature. Another indicator observed that areas with a greater variation in building heights tend to present decreased average air temperature. High rise structure, planned in accordance to urban air quality parameters, can reduce air temperatures by the shading of urban spaces and the possibility of greater penetration of natural ventilation

Estudo da molhabilidade de ligas de adição à base de prata sobre insertos cerâmicos para aplicação em brocas perfuração de poços de petróleo

Metal-ceramic interfaces are present in tricone drill bits with hard ceramic inserts for oil well drilling operations. The combination of actions of cutting, crushing and breaking up of rocks results in the degradation of tricone drill bits by wear, total or partial rupture of the drill bit body or the ceramic inserts, thermal shock and corrosion. Also the improper pressfitting of the ceramic inserts on the bit body may cause its total detachment, and promote serious damages to the drill bit. The improvement on the production process of metal-ceramic interfaces can eliminate or minimize some of above-mentioned failures presented in tricone drill bits, optimizing their lifetime and so reducing drilling metric cost. Brazing is a widely established technique to join metal-ceramic materials, and may be an excellent alternative to the common mechanical press fitting process of hard ceramic inserts on the steel bit body for tricone drill bit. Wetting phenomena plays an essential role in the production of metal/ceramic interfaces when a liquid phase is present in the process. In this work, 72Silver-28Copper eutectic based brazing alloys were melted onto zirconia, silicon nitride and tungsten carbide/Co substrates under high vacuum. Contact angle evolution was measured and graphically plotted, and the interfaces produced were analysed by SEM-EDX. The AgCu eutectic alloy did not wet any ceramic substrates, showing high contact angles, and so without chemical interaction between the materials. Better results were found for the systemns containing 3%wt of titanium in the AgCu alloy. The presence os titanium as a solute in the alloy produces wettable cand termodinamically stable compounds, increasing the ceramics wetting beahviour