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

Estudo de técnicas para o tratamento alternativo de efluentes oleosos oriundos da industrialização da castanha de caju

An evaluation project was conducted on the technique of treatment for effluent oil which is the deriving process to improve cashews. During the evaluation the following techniques were developed: advanced processes of humid oxidation, oxidative processes, processes of biological treatment and processes of adsorption. The assays had been carried through in kinetic models, with an evaluation of the quality of the process by means of determining the chemical demand of oxygen (defined as a technique of control by means of comparative study between the available techniques). The results demonstrated that the natural biodegradation of the effluent ones is limited, as result using the present natural flora in the effluent one revealed impracticable for an application in the industrial systems, independent of the evaluation environment (with or without the oxygen presence). The job of specific microorganisms for the oily composite degradation developed the viability technique of this route, the acceptable levels of inclusion in effluent system of treatment of the improvement of the cashew being highly good with reasonable levels of removal of CDO. However, the use combined with other techniques of daily pay-treatment for these effluent ones revealed to still be more efficient for the context of the treatment of effluent and discarding in receiving bodies in acceptable standards for resolution CONAMA 357/2005. While the significant generation of solid residues the process of adsorption with agroindustrial residues (in special the chitosan) is a technical viable alternative, however, when applied only for the treatment of the effluent ones for discarding in bodies of water, the economic viability is harmed and minimized ambient profits. Though, it was proven that if used for ends of I reuse, the viability is equalized and justifies the investments. There was a study of the photochemistry process which have are applicable to the treatment of the effluent ones, having resulted more satisfactory than those gotten for the UV-Peroxide techniques. There was different result on the one waited for the use of catalyses used in the process of Photo. The catalyses contained the mixing oxide base of Cerium and Manganese, incorporated of Potassium promoters this had presented the best results in the decomposition of the involved pollutants. Having itself an agreed form the gotten photochemistry daily paytreatment resulted, then after disinfection with chlorine the characteristics next the portability to the water were guarantee. The job of the humid oxidation presented significant results in the removal of pollutants; however, its high cost alone is made possible for job in projects of reuses, areas of low scarcity and of raised costs with the capitation/acquisition of the water, in special, for use for industrial and potable use. The route with better economic conditions and techniques for the job in the treatment of the effluent ones of the improvement of the cashew possesses the sequence to follow: conventional process of separation water-oil, photochemistry process and finally, the complementary biological treatment

Correlação entre contexto morfoestrutural e sismicidade nas regiões de João Câmara e São Rafael (RN)

This MSc thesis describes brittle deformation in two seismic zones located in north-eastern Brazil: João Câmara and São Rafael, Rio Grande do Norte State. Both areas show seismogenic faults, Samambaia and São Rafael, indicated by narrow zones of epicentres with a strike of 040o, a lenght of 30 km and 4 km, and a depth of 1-12 and 0,5-4 km, respectively. The first seismological and geological studies suggested blind faults or faults that were still in the beginning of the nucleation process. The region is under E-W-oriented compression and is underlain by Precambrian terrains, deformed by one or more orogenic cycles, which generated shear zones generally marked by strong pervasive foliation and sigmoidal shapes. The crystalline basement is capped by the Cretaceous Potiguar basin, which is also locally capped by Pliocene continental siliciclastic deposits (Barreiras Formation), and Quaternary alluvium. The main aim of this study was to map epicentral areas and find whether there are any surface geological or morphotectonic expression related to the seismogenic faults. A detailed geological map was carried out in both seismic areas in order to identify brittle structures and fault-related drainage/topographic features. Geological and morphotectonic evidence indicate that both seismogenic faults take place along dormant structures. They either cut Cenozoic rocks or show topographic expression, i.e., are related to topographic heights or depressions and straight river channels. Faults rocks in the Samambaia and São Rafael faults are cataclasite, fault breccia, fault gouge, pseudotachylyte, and quartz veins, which point to reactivation processes in different crustal levels. The age of the first Samambaia and the São Rafael faulting movement possibly ranges from late Precambrian to late Cretaceous. Both fault cut across Precambrian fabric. They also show evidence of brittle processes which took place between 4 and 12 km deep, which probably have not occurred in Cenozoic times. The findings are of great importance for regional seismic hazard. They indicate that fault zones are longer than previously suggested by seismogenic studies. According to the results, the methodology used during this thesis may also be useful in other neotectonic investigation in intraplate areas

Algoritmo papílio como método de proteção de templates para aumentar a segurança em sistemas de identificação biométricos

There are authentication models which use passwords, keys, personal identifiers (cards, tags etc) to authenticate a particular user in the authentication/identification process. However, there are other systems that can use biometric data, such as signature, fingerprint, voice, etc., to authenticate an individual in a system. In another hand, the storage of biometric can bring some risks such as consistency and protection problems for these data. According to this problem, it is necessary to protect these biometric databases to ensure the integrity and reliability of the system. In this case, there are models for security/authentication biometric identification, for example, models and Fuzzy Vault and Fuzzy Commitment systems. Currently, these models are mostly used in the cases for protection of biometric data, but they have fragile elements in the protection process. Therefore, increasing the level of security of these methods through changes in the structure, or even by inserting new layers of protection is one of the goals of this thesis. In other words, this work proposes the simultaneous use of encryption (Encryption Algorithm Papilio) with protection models templates (Fuzzy Vault and Fuzzy Commitment) in identification systems based on biometric. The objective of this work is to improve two aspects in Biometric systems: safety and accuracy. Furthermore, it is necessary to maintain a reasonable level of efficiency of this data through the use of more elaborate classification structures, known as committees. Therefore, we intend to propose a model of a safer biometric identification systems for identification.

Estágio da difusão das tecnologias da internet em organizações acadêmicas

RAMOS, A. S. M. Estágio da difusão das tecnologias internet em organizações acadêmicas. In: ENCONTRO NACIONAL DE PRODUÇÂO, 18., 1998, Niteroi-RJ. Anais... Niteroi: ENP, 1998.

Desenvolvimento de um sistema de nitretação por plasma em fonte pulsada e sua influencia sobre a nitretação do titânio

The pulsed plasma nitriding is a solution currently used in the metallurgical industry to resolve problems earlier in the processing of parts by using plasma DC voltage. These problems consisted mainly of edge effect and opening arches caused due to non-uniformity of electric fields on uneven surfaces. By varying the pulse width can reduce these effects. However, variations in pulse width can drastically affect the population of the plasma species and hence the final microstructure of the nitrided layer. In literature, little is known about the effect of process parameters on the properties of the plasma species and, consequently, the surface properties. We have developed a system of nitriding with pulsed source with fixed period of 800  pulse width is variable. Examined the variation of these parameters on the properties of nitrided surface when keeping constant temperature, gas composition, flow, pressure and power. It was found that the values of width and pulse repetition time of considerable influence in the intensities of the species present in plasma. Moreover, we observed the existence of the edge effect for some values of pulse widths, as well as changes in surface roughness and hardness

Influência dos parâmetros de processo na deposição de nitreto de titânio por plasma em gaiola catódica

Titanium nitride films were grown on glass using the Cathodic Cage Plasma Deposition technique in order to verify the influence of process parameters in optical and structural properties of the films. The plasma atmosphere used was a mixture of Ar, N2 and H2, setting the Ar and N2 gas flows at 4 and 3 sccm, respectively and H2 gas flow varied from 0, 1 to 2 sccm. The deposition process was monitored by Optical Emission Spectroscopy (OES) to investigate the influence of the active species in plasma. It was observed that increasing the H2 gas flow into the plasma the luminescent intensities associated to the species changed. In this case, the luminescence of N2 (391,4nm) species was not proportional to the increasing of the H2 gas into the reactor. Other parameters investigated were diameter and number of holes in the cage. The analysis by Grazing Incidence X-Ray Diffraction (GIXRD) confirmed that the obtained films are composed by TiN and they may have variations in the nitrogen amount into the crystal and in the crystallite size. The optical microscopy images provided information about the homogeneity of the films. The atomic force microscopy (AFM) results revealed some microstructural characteristics and surface roughness. The thickness was measured by ellipsometry. The optical properties such as transmittance and reflectance (they were measured by spectrophotometry) are very sensitive to changes in the crystal lattice of the material, chemical composition and film thicknesses. Therefore, such properties are appropriate tools for verification of this process control. In general, films obtained at 0 sccm of H2 gas flow present a higher transmittance. It can be attributed to the smaller crystalline size due to a higher amount of nitrogen in the TiN lattice. The films obtained at 1 and 2 sccm of H2 gas flow have a golden appearance and XRD pattern showed peaks characteristics of TiN with higher intensity and smaller FWHM (Full Width at Half Maximum) parameter. It suggests that the hydrogen presence in the plasma makes the films more stoichiometric and becomes it more crystalline. It was observed that with higher number of holes in the lid of the cage, close to the region between the lid and the sample and the smaller diameter of the hole, the deposited film is thicker, which is justified by the most probability of plasma species reach effectively the sample and it promotes the growth of the film

Propriedades tribomecânicas de superfícies de titânio carbonitretadas por plasma

Interstitial compounds of titanium have been mainly studied due to the large range of properties acquired when C, N, O and H atoms are added. In this work, surfaces of TiCxNy were produced by thermochemical treatments assisted by plasma with different proportions of Ar + N2 + CH4 gas mixture. The Ar gas flow was fixed in 4 sccm, varying only N2 and CH4 gas flows. During the thermochemical treatment, the plasma was monitored by Optical Emission Spectroscopy (OES) for the investigation of the influence of active species. After treatments, C and N concentration profile, crystalline and amorphous phases were analyzed by Nuclear Reaction (NRA). Besides tribomechanical properties of the Ti surface were studied through the nanohardness measurements and friction coefficient determination. The worn areas were evaluated by profilometry and Scanning Electronic Microscope (SEM) in order to verify the wear mechanism present in each material. It has been seen which the properties like nanohardness and friction coefficient have strong relation with luminous intensity of species of the plasma, suggesting a using of this characteristic as a parameter of process

Otimização do processo de síntese do aluminato de cobalto via método de polimerização de complexos (MPC) através do planejamento fatorial fracionado

In the ceramics industry are becoming more predominantly inorganic nature pigments. Studies in this area allow you to develop pigments with more advanced properties and qualities to be used in the industrial context. Studies on synthesis and characterization of cobalt aluminate has been widely researched, cobalt aluminate behavior at different temperatures of calcinations, highlighting especially the temperatures of 700, 800 and 900° C that served as a basis in the development of this study, using the method of polymerization of complex (CPM), economic, and this method applied in ceramic pigment synthesis. The procedure was developed from a fractional factorial design 2 (5-2) in order to optimize the process of realization of the cobalt aluminate (CoAl2O4), having as response surfaces the batch analysis data of Uv-vis spectroscopy conducted from the statistic software 7.0, for this were chosen five factors as input variables: citric acid (stoichiometric manner), puff or pyrolysis time (h), temperature (° C), and calcinations (° C/min), at levels determined for this study. By applying statistics in the process of obtaining the CoAl2O4 is possible the study of these factors and which may have greater influence in getting the synthesis. The pigments characterized TG/DSC analyses, and x-ray diffraction (XRD) and scanning electron microscope (SEM/EDS) in order to establish the structural and morphological aspects of pigment CoAl2O4, among the factors studied it were found to statically with increasing calcinations temperature 700°< 800 <900 °C, the bands of Uv-vis decrease with increasing intensity of absorbance and that with increasing time of puff or pyrolysis (h) there is an increase in bands of Uv-vis proportionally, the generated model set for the conditions proposed in this study because the coefficient of determination can explain about 99.9% of the variance (R²), response surfaces generated were satisfactory, so it s possible applicability in the ceramics industry of pigments

Prevalência da infecção pelo Papilomavírus humano, Chlamydia Trachomatis e Herpes Simples do tipo 2 em adolescentes atendidas em unidades de saúde pública de Natal

This study assessed the level of knowledge, attitude and practice of Pap smear and human papillomavirus (HPV), in addition to analyzing the prevalence of genital HPV infection, Herpes Simplex Type 2 (HSV-2) and Chlamydia trachomatis in teenagers. The study consisted of two approaches, one based only on interviews conducted with adolescents enrolled in public schools or in public health facilities in the city of Natal. The other approach involved only a group of 132 adolescents enrolled among those admitted to two health units in Natal-RN. This second group of participants two specimens were collected for laboratory analysis: one was directed to prepare the blade for the Pap test, and other processed for DNA extraction for molecular analysis, focusing on the detection of HPV, HSV-2 and C . trachomatis. The presence of DNA of the three pathogens was investigated by the technique of polymerase chain reaction (PCR). The presence of each of the three pathogens was analyzed in terms of socio-demographic characteristics, as well as sexual and reproductive activity to identify risk factors for infection and development of lesions of the uterine cervix. The results show that the adolescents in this study had levels of knowledge and attitude very low, both in relation to cytology to HPV as though they have made a reasonable percentage of adequate practice exam and prevention of HPV infection. The overall prevalence of HPV infection was 54.5% and 48.2% in adolescents with normal cytology and 86.4% in those with abnormal cytology. We observed a higher proportion of cases of infection in the age group of 18 to 21. The prevalence of HPV infection was slightly higher among pregnant teenagers. The overall prevalence of HSV-2 infection was 13.6% and 11.8% in women with normal cytology and 22.7% in those with abnormal cytology. A higher proportion of cases of infection was found in the age group from 14 to 17, with a slightly higher prevalence among pregnant women. The C. trachomatis was found with an overall prevalence of 19.7% and 21.8% in adolescents with normal cytology and 9.1% in those with abnormal cytology. The prevailing rate was highest in the age group 18 to 21 years and in nonpregnant

Estudo da correlação das características dermatoglífica e somatotípica com as qualidades físicas das atletas de voleibol da Seleção Infanto-juvenil do Estado do Rio Grande do Norte

The purpose of the present study is to identify the dermatoglyphic and somatotypic characteristics and the physical qualities of athletes from the under-17 State volleyball team, in Rio Grande do Norte, Brazil. The sample was composed of athletes, n = 14, aged 15.0 ± 0.88 years, weight (Kg) 58.3 ± 5.90 and height (cm) 169.4 ± 7.97, members of the referred team. For data collection Cummins & Midlo s (1942), o dermatoglyphic method and Heath & Carter s (1967) somatotypic method were used and to evaluate physical qualities, 2400m, 50m, Shuttle Run, abdominal , Sargent test and medicine-ball toss were performed. Fingerprints show that the group presents genetic predisposition for the following physical qualities: explosive force and velocity. As to somatotype, the group was endo-ectomorphic. At physical evaluation the group presented low Vo2 max values and reasonable levels of explosive force, local muscular endurance, agility and velocity. We conclude that: according to the dermatoglyphic model observed, the group needs training strategies to improve coordination and agility; somatotype reveals the necessity for reducing fat levels and increasing muscular mass; the evaluation of physical qualities demonstrates the need for better physical preparation. This study traces the profile of the under-17 volleyball player from Rio Grande do Norte, with respect to genetic and somatotypic aspects and physical qualities, which will serve as a parameter for future state teams

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

Anália Maciel: a educadora, a escola, a cidade

This study aims to reconstruct the story of Education of the School called Desembargador Vicente de Lemos in the city of Senador Elói de Souza in Rio Grande do Norte in Natal- Brazil. This is done considering activities that were realized by the teacher Anália Maciel. Since the worl deals with an investigation that is related to Cultural History field, the research emphasized the school as well as the presence of female teachers, in particular Anália Maciel. Concepts present in the work of Chartier (1990), Burke (1992), Le Goff (1992) and Morais (2002) were used in order to comprehend the transformation process in which local schools have been through. This is also done considering the state educational actions of behalf of the teacher. The documental fonts regarded available records such as Governmental correspondence, Law and Decrees. The information fonts used were available at the The Geographical and Historical Institute of Rio Grande do Norte as well as the State s Public Archive. Other information fonts were newspapers such as A República, Diário de Natal and Tribuna do Norte. Some people that were contemporary with the teacher and were there when the school was created were interviewed. Discourses from the decades of 1930 and 1940 were analyzed. The research was guided by the History of Education and Scholar Institution field of analysis. The research also allows to reflect on the pedagogical practices of the time and permits to understand a past-still present -as well as all the development of process that the education went through in the historical context of the city of Senador Elói de Souza. It was also possible to acknowledge that the creation of the school represented thoroughly a landmark in the education in this city and it contributed in a determinant manner for the formation of the students

Fatores de decisão da adoção do gás natural na geração de energia elétrica em pequena escala em postos de combustíveis: um estudo de anális de decusão usando o processo de hierarquia analítica AHP

A modeling of criterias and alternatives is through and applied a questionnaire based on method AHP to proprietors of gas stations. The considered alternatives had been the maintenance of the current state with electric energy of the deliverer and the generation in small scale based on the natural gas. The used criteria had been Cost of the Investment, Final Cost of the Energy, Operational cost, Ambient Benefits, Risk and Variation of Costs. The study it was carried through in the city of Natal, RN in ranks that make use of the natural as for resale, where the generation alternative on the basis of the available gas is present. The main results evidence in a dimension the viability of use of method AHP with questionnaire by means of validation of the judgments with analysis of variance beyond proper the normal mechanisms of analysis of consistency to the method. The main results of the analysis help to show that in this in case that the profile of models of criteria and judgments of the actors is similar, with the final evidence of that it has a dominance of the maintenance of the energy of the deliverer. The main criterion to influence this decision was the risk