A alteração do tipo penal de adulteração de combustíveis: reflexo da constitucionalização do direito penal no mercado de combustíveis

The neoconstitutionalism led to a process of ethical revaluation of the normative systems and the process of constitutionalization of the many fields of law. This study examines the consequences of this process in criminal law, so important a Law field for the protection of the most valuable assets by the society, including the fundamental guarantees, thus emphasizing the necessity of protection of the collective and individual rights, which are guided by the observance of the defendants individual rights in the course of criminal proceedings and the search for the best efficiency of penal protection, according to the corollaries of defense against the state (prohibition of the excess or Übermassverbot) and the provision of rights by the state (prohibition of insufficient protection or Untermassverbot). The offense of fuel adulteration is taken as an object of study, since it is a vital market to a nation dependent of people and good s movement for their living, driven by fossil and biofuels. Such a crime affects essential legal interests to the development of society, interests such as the environment, consumer relations and economic order, particularly the principle of free competition. This paper seeks to analyze the need of a greater efficiency of this particular criminal protection, once concluded the conduct harm and social fear as a consequence by it as growing, and therefore having its former crime type, engraved in Article 1 of Law No. 8.176/1991, rewritten in compliance with the criminal law s principle of legality. Thus, the reformation proposals and legislative creation involving this crime were observed, with emphasis on the bill No. 2498/2003, which keeps it as blank heterogeneous criminal norm, kind of penal normative whose constitutionality is raised, including the forethought of criminal responsibility in the perpetrating of the offense as culpable and subsequently increasing the applicable minimum penalty, as well as the inclusion of new activities in the typical nucleus

O Gênero Cyathus haller: pers. (Agaricales, Basidiomycota) em áreas de caatinga do Nordeste brasileiro

Fungi of the family Nidulariaceae or bird s nest fungi present a vase-shaped basidiomata with the wall surface smooth or striated lengthwise and internal structures resembling small bird eggs in a nest, the peridioles. Among the five genera that comprise the group, the more representative is Cyathus Haller: Pers. The Brazilian Northeast region shows major importance for the world s diversity by containing a Brazilian unique and exclusively phytoecological domain, the Caatinga, which lacks particular attention regarding macrofungi. Although the gradual growth of knowledge in recent years, studies are still insipient in the Caatinga domain. Between their various vegetal formations are the Brejos de Altitude , described as islands with moist perennial vegetation, low soil fertility and annual precipitation of 900 1.300 mm. This study aimed to evaluate the taxonomic richness of Nidulariaceae fungi in Caatinga s areas of Northeastern Brazil, describing and identifying species, as well as expanding the collection of Herbarium UFRN Fungos. For description of Nidulariaceae fungi was followed the proposed by specialized literature in the group. We have found and described 10 species of the genus Cyathus, namely: C. earlei Lloyd, C. gayanus Tul. & C. Tul., C. gracilis H.J. Brodie, C. intermedius (Mont.) Tul. & C. Tul., C. limbatus Tul. & C. Tul., C. montagnei Tul. & C. Tul., C. pallidus Berk. & M.A. Curtis, C. poeppigii Tul. & C. Tul., C. striatus (Huds.) Willd. and C. tríplex Lloyd. Beyond these have been described four new species to science: Cyathus calvescens R. Cruz & Baseia sp. nov., C. hortum R. Cruz & Baseia sp. nov., C. magnomuralis R. Cruz & Baseia sp. nov. and C. parvocinereus R. Cruz & Baseia sp. nov. Two samples were identified only to genus level. No member of Mycocalia J.T. Palmer, Nidula V.S. White, Nidularia Fr. and Crucibulum Tul. & C. Tul. has been found, however the results were extremely valuable for being an unprecedented work in Caatinga, and importante tool for implementation of conservation projects and sustainable utilization of this domain