Desenvolvimento e efetivação da garantia a duração razoável do processo civil

The present paper aims at analysing the constitutional principle which foretells lawsuit s rational run warranty. We came from a principle standard-constitutional analysis, showing its historical descent, its position and hermeneutical extent which can be given to the dispositive text. Being based on the institute standard examination, we then went to infraconstitutional analysis of the rules related. We noticed that there are specks of legal and practical advancements, however there are also some clear limitations for the lawsuit s rational run judicial development and accomplishment. In short, it is about a principle-logical constitutional standard which must be more and more compacted

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

Devido processo penal: uma análise acerca dos direitos fundamentais sob a perspectiva do processo eletrônico

The current study presents an analysis about the automation of the lawsuits in Brazil, which opens a new direction to be followed by the National Secretary of Justice, applied indistinctively to the civil, criminal and labor lawsuits, as well as to the special court houses at any degree of juridisdiction. It treats, specifically, about the transition from the classic lawsuit with bureaucratic aspects to the electronic one, based on the simplicity of the functions, the quality of the oral and the readiness. The light of the constitutional principle of the reasonable duration of the lawsuit, while fundamental rigth of the defendant and, under de protection of the democratic guarantee, it investigates, from the theory of the fundamental rights to the reform movement of the lawsiut, in the scenery of the alien law and national law, the latter, mostly because it has the automation as a necessary improvement claimed by modernity, yet without forgetting of the humane character inherent to the criminal lawsuit. It faces the issue of of the disruption of the paradigm of the written formality of the Brazilian lawsuit, the problem of the resistance to the new automized method, the use of the video conference for the inquest of the witnesses as well as for the questioning of the defendant, the advancements of the virtual lawsuit on the Superior Courts, Federal Supreme Court and Superior Court of Justice, it treats also about the role of the National Council of Justice - CNJ - to uniformize the legal proceedings in the country. Without neglecting the effective respect to the fundamental rights, it focuses the cultural change necessary so that the electronic technology can be, in fact, in the indictment system, the means to reach with excellency the citizenship by the simplification of the legal proceedings, transposing the baseless bureaucracy and assuring an effective judicial service assistance in order to have a better quality of life

Direito fundamental ao tempo razoável do processo judicial: limites e possibilidades de concretização no ordenamento jurídico pátrio

This dissertation aims to address the limits and possibilities of realizing the fundamental right to reasonable time of the Brazilian legal system process. From this perspective, we analyze a reasonable time concept for the process, consistent with the civil homeland process; the relationship between efficiency, effectiveness, legal security and reasonable time of adjudication; a formal recognition of the fundamental right to reasonable time of the procedure in the Constitution of 1988; and the immediate applicability of this fundamental right. As indicated, the crisis of the Judiciary and procedural delay are problems directly related to the limits and possibilities of realization of the fundamental right under study. Moreover, we also present some mechanisms that can be used to overcome these problems. The subject was developed based on constitutional interpretation of fundamental rights, an approach that will always have this concern to be based on a methodology which includes the normative and empirical-dogmatic fields, realizing the fundamental right to reasonable time of the process. We adopted as methodological approach the study of this issue in judicial aspect, more specifically in the field of civil procedure. Finally, we weave through a critical and analytical view, our conclusions, which demonstrate the possibilities of overcoming the limits imposed to immediate implementation of the fundamental right to reasonable time of the process in our legal system

Análise do processo judicial eletrônico (PJe) sob os parâmetros da discursividade processual e do acesso democrático à justiça

The conceptions of the judicial function, the process and the factors of legitimacy of the norm of decision are changed according to the model of State (liberal, social democratic and constitutional). The right of access to justice, likewise, follows the ideals present in constitutional movements experienced in different historical moments. The deficit of legitimacy of the judiciary is recurring subject of study in the doctrine, especially in the face of democratic standards that permeate the current paradigm of state. Under the process law, the essential element for the distinction of the states based on the rule of law (formal and material) and the democratic constitutional state lies in the democratic guarantee of participation to the litigants in the process of elaborating the norm of decision. The concern about the participatory democracy and the concretion of fundamental rights has as presupposition the conception of popular sovereignty. Keeping this effort in mind, the civil procedure cannot be oblivious to such considerations, especially when it justifies its constitutional conformation from the institutionalization of discourse within the procedural field (democratic principle) and of the democratization of access to justice, leading to the necessary contestation of the theory of instrumentality of the process. The democratic prospects of civil procedure and the concern about the legitimacy of the rule of decision cannot be moved away from the analysis of the judicial function and the elements that influence the legal suit s progress. The computerization of the judicial process entails extensive modification in the way the judicial function is developed, in view of automation of activities held, of the eliminating of bureaucratic tasks, manual and repetitive, and of streamlining the procedure. The objective of this study is to analyze the dogmatic changes and resulting practices from the implementation of the Judicial Electronic Process (JEP), prepared by the National Council of Justice, under the parameters of procedural discourse and democratic access to justice. Two hypotheses are raised, which, based on a bibliographic-documentary, applied and exploratory research, are contested dialectically. The expansion of publicity of procedural acts and the facilitating of communication and practice of such acts are elements that contribute to the effective participation of the recipients of the norm of decision in its making process and, therefore, the democratic principle in the procedural field. Ensuring access (to the parts) to the case files and reasonable duration of the process along with the preservation of its founding principles (contradictory, legal defense and isonomy) are essential to ensure democratic access to justice within the virtual system

Utilização de resíduos de rochas ornamentais na produção de cerâmica branca

The marble and granite waste come from the process of mining of those ornamental rocks for use in the building industry. Brazil is one of the largest producers of blocks or finished products of ornamental rocks, extracting about 5.2 tons / year. The largest national producers are the states of Espírito Santo, Minas Gerais and Bahia which account for 80% of the Brazilian production. However, the waste total amount during processing of these blocks reaches 40% of the total. The use of the waste produced by this industry in white ceramics could be a form of disposition, because these materials, are thrownasa mud directly at decantation ponds, wastelands or in rivers, without any treatment. The present work has as main purpose to study the influence that reject of the ornamental rocks on the physical and mechanical properties of white ceramics. X-Ray characterizations of raw materials by were performed X-Ray fluorescence, X-Ray diffraction, granulometric, thermogravimetric and thermodiferencial analysis, five formulations were made (0, 10, 20, 30, 40% in granite weight) wich were burned at three temperatures: 1100°C, 1150°C and 1200ºC with 60 minutes of sorling time. After sintering, the samples were submitted to different analyser absorption of water, linear retraction, apparent porosity, apparent specific mass, flexival stronght, and scanning were obtained microscopy. Compatible technological properties within the limits demanded for the production of porcelainized stoneware

Entre a potência e o ato: atitudes políticas e percepções de mobilização em Natal e Porto Alegre

The recent democratic process in Brazil made it as element for its consolidation the idea of participation. It requires a state model that included on its agenda democratic society participation in decision-making process, and a society that has as a principle based participatory civic consciousness. Therefore, this study aims to analyze the level of political participation in two Brazilian state capitals , Natal and Porto Alegre. Data were obtained through quantitative data from the application of 384 questionnaires in both capitals. We chose some variables that will form the basis for our study; Duties of a good citizen, a good citizen rights, Confidence, Index of socialization, exposure to media, degree of interest in politics; Mobilization; Associations. Already qualitative research sought to address the political, cultural and institutional of the two municipalities

Construção e validação de um receptor GPS para uso espacial

Global Positioning System, or simply GPS, it is a radionavigation system developed by United States for military applications, but it becames very useful for civilian using. In the last decades Brazil has developed sounding rockets and today many projects to build micro and nanosatellites has appeared. This kind of vehicles named spacecrafts or high dynamic vehicles, can use GPS for its autonome location and trajectories controls. Despite of a huge number of GPS receivers available for civilian applications, they cannot used in high dynamic vehicles due environmental issues (vibrations, temperatures, etc.) or imposed dynamic working limits. Only a few nations have the technology to build GPS receivers for spacecrafts or high dynamic vehicles is available and they imposes rules who difficult the access to this receivers. This project intends to build a GPS receiver, to install them in a payload of a sounding rocket and data collecting to verify its correct operation when at the flight conditions. The inner software to this receiver was available in source code and it was tested in a software development platform named GPS Architect. Many organizations cooperated to support this project: AEB, UFRN, IAE, INPE e CLBI. After many phases: defining working conditions, choice and searching electronic, the making of the printed boards, assembling and assembling tests; the receiver was installed in a VS30 sounding rocket launched at Centro de Lançamento da Barreira do Inferno in Natal/RN. Despite of the fact the locations data from the receiver were collected only the first 70 seconds of flight, this data confirms the correct operation of the receiver by the comparison between its positioning data and the the trajectory data from CLBI s tracking radar named ADOUR

A OAB no processo de transformação da sociedade brasileira: a seccional potiguar como espaço de redemocratização (1979-1988)

The period known as the Military Dictatorship (1964-1985) was a period of history marked by Brazil's control of state power by the Armed Forces together, this started with the Civil-Military Coup of April 1964. Was characterized as a time where political freedoms of expression and were placed in check by authoritarian and repressive measures taken by the military governments. The sectional potiguar of the Ordem dos Advogados do Brasil (OAB / RN), and the Federal Council of the institution, supported the establishment of this scam, but from the 1970s undertook measures that sought to corroborate the struggles around democracy the country, which has consolidated its image as a defender of democratic order. With the title inspired by the XII Meeting of OAB in October 1988, the research aims to analyze the participation of OAB / RN and its members within the Brazilian democratization. This analysis begins in 1979 with the participation of the entity in discussions Amnesty Policy to the promulgation of the 1988 Constitution, since the Constitution is the beginning of a full rule of law. We seek to understand the object as a space for democratization, combining the concepts of History, Memory and Politics. In the analyzes are guided theoretically by Jacques Le Goff, Pierre Nora, Maurice Halbwachs, Pierre Bourdieu and Hannah Arendt. Be rebuilt the period of democratic rule in the land potiguares birthing shares of OAB / RN, particularly in the following events: Amnesty Policy 1979, the mobilizations around the campaign of "Direct Now" and the 1988 Constitution We make use of legislation. minutes, papers and interviews built on Oral History.

O estrategista em perspectiva: um estudo sobre o processo de formação de estratégias no ramo varejista de construção civil de Natal e região metropolitana

The strategy research have been widespread for many years and, more recently, the process of formation of the strategies in the individual perspective has also gained attention in academia. Confirming this trend, the goal of this study is to discuss the process of formation of the strategies from an individual perspective based on the three dimensions of the strategic process (change, thinking and formation) proposed by De Wit and Meyer (2004). To this end, this exploratory-descriptive study used the factor analysis techniques, non-parametric correlation and linear regression to analyze data collected from the decision makers of the 93 retail in the industry of construction supplies in the Natal and metropolitan area. As a result, we have that the formation factors of the dimensions investigated were identified in the majority, thus confirming the existence of paradoxes in the strategic process, and that there is a relationship between logical thinking and deliberate formation with the hierarchical level of decision makers.