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

Teoria da despesa pública: uma leitura ético-constitucional em busca do possível da reserva

Brazilian law passes through a crisis of effectiveness commonly attributed to the extravagance of fundamental rights and public shortage. However, public finances are not dogmatically structured to solve the conflicts around the limitations of public spending. There are ethical conditioning factors, like morality, proportionality and impartiality, however, these principles act separately, while the problem of public shortage is holistic. Also, the subjectivity of politics discretionary in the definition of public spending, which is supported in an indeterminate concept of public interest, needs material orientation about the destination of public funds, making it vulnerable to ideological manipulation, resulting in real process of catching rights. Not even the judicial activism (such as influx of constitutionalism) is shown legally appropriate. The Reserve of Possible, also presents basic ethical failure. Understanding the formation of public shortage is therefore essential for understanding the crisis of effectiveness of state responsibilities, given the significant expansion of the state duty of protection, which does not find legal technique of defense of the established interests. The premise of argument, then, part of the possibility of deducting minimal model ethical of desire to spend (public interest) according to objective parameters of the normative system. Public spending has always been treated disdainfully by the Brazilian doctrine, according to the legal character accessory assigned to the monetary cost. Nonetheless, it is the meeting point between economics and law, or is in the marrow of the problem of public shortage. Expensive Subjects to modernity, as the effectiveness of fundamental rights, pass necessarily an ethical legal system of public spending. From the ethical principles deducted from the planning, only the democratic principle guides the public spending through the approval of public spending in the complex budget process. In other words, there is an ethical distancing of economic reality in relation to state responsibilities. From the dogmatic belief of insufficiency, public spending is evaluated ethically, according to the foundations of modern constitutionalism, in search of possible of the financial reserve, certain that the ethics of public economy is a sine qua non condition for legal ethics.

Adolescentes em conflito com a lei: a saga das punições na rota da exclusão social

This work deals with the problematic of the determinations that contribute to become the adolescents involved with law. Thus, in this research, the social exclusion is apprehended as one of the most important determining to understand this problematic, once we defend that it is part of the trajectory of this adolescent's life since its birth as a punishment that starts before they becoming envolved in act's that break the law. It is still questioned the discussion of the reduction of the penal age, viewed aa a proposal that will contribute to perpetuate the repression. The objectives of the research were: analyze the problematic of adolescents in conflict with law, where social exclusion is seen here as a main category. The research also aims to understand the situation towards social exclusion and that this public is undertaken in the state of Rio Grande do Norte, more specifically in Natal. This is dane through analysis of the profile of adolescents that are submitted to the treatment at Centro Integrate de Atendimento ao Adolescente Acusado de Ato Infracional - CIAD in 2005. This is dane on arder to identify of the State's and society's actions towards this issue, how it has prevailed in analyzing if there is punishing or social protection. The research also contributed with discussion towards the non penal reduction of for underage minors. The approach realized if of qualiquantitative nature. The research was realized with 190 male adolescent subjects, age ranging from 12 to 21 that were interns at CIAD in the year of 2005. The research shows that their fundamental rights (education, health, amongst others) are disrespected on a daily basis by the State. The State prioritizes economic issues, making social inequality more profound. The main argument is that this problematic has its main oring in the social exclusion and it is imposed to the adolescents as a punishment before thes have been involved with the law going on top of the social protection. When the adolescent goes from being the victim to executioner, the Statute of Children and Adolescents is questioned by many sectors that defend the reduction of penal minority as a solution to reduce the country's violence. Thus, it was aimed here to discuss arguments that point to non exclusion, discrimination and repression. It is proposed that the State should assume children and adolescents as a priority, implementing what the statute establishes as well as assures related to the fruition of denied rights as a way to prevent their future involvement with violence