Do modelo geométrico ao modelo físico: o tridimensional na educação do arquiteto e urbanista

In the teaching practice of architecture and urbanism in Brazil, educational legislation views modeling laboratories and workshops as an indispensable component of the infrastructure required for the good functioning of any architectural course of study. Although the development of information technology at the international level has created new possibilities for digital production of architectural models, research in this field being underway since the early 1990s, it is only from 2007 onwards that such technologies started to be incorporated into the teaching activity of architecture and urbanism in Brazil, through the pioneering experience at LAPAC/FEC/UNICAMP. It is therefore a recent experiment whose challenges can be highlighted through the following examples: (i) The implementation of digital prototyping laboratories in undergraduate courses of architecture and urbanism is still rare in Brazil; (ii) As a new developing field with few references and application to undergraduate programs, it is hard to define methodological procedures suitable for the pedagogical curricula already implemented or which have already been consolidated over the years; (iii) The new digital ways for producing tridimensional models are marked with specificities which make it difficult to fit them within the existing structures of model laboratories and workshops. Considering the above, the present thesis discusses the tridimensional model as a tool which may contribute to the development of students skills in perceiving, understanding and representing tridimensional space. Analysis is made of the relation between different forms of models and the teaching of architectural project, with emphasis on the design process. Starting from the conceptualization of the word model as it is used in architecture and urbanism, an attempt is made to identify types of tridimensional models used in the process of project conception, both through the traditional, manual way of model construction as well as through the digital ones. There is also an explanation on how new technologies for digital production of models through prototyping are being introduced in undergraduate academic programs of architecture and urbanism in Brazil, as well as a review of recent academic publications in this area. Based on the paradigm of reflective practice in teaching as designed by Schön (2000), the experiment applied in the research was undertaken in the integrated workshop courses of architectural project in the undergraduate program of architecture and urbanism at Universidade Federal do Rio Grande do Norte. Along the experiment, physical modeling, geometric modeling and digital prototyping are used in distinct moments of the design process with the purpose of observing the suitability of each model to the project s phases. The procedures used in the experiments are very close to the Action Research methodology in which the main purpose is the production of theoretical knowledge by improving the practice. The process was repeated during three consecutive semesters and reflection on the results which were achieved in each cycle helped enhancing the next one. As a result, a methodological procedure is proposed which consists of the definition of the Tridimensional Model as the integrating element for the contents studied in a specific academic period or semester. The teaching of Architectural Project as it is developed along the fifth academic period of the Architecture and Urbanism undergraduate program of UFRN is taken as a reference

O projeto arquitetônico e a antecipação do projeto de segurança contra incêndio: interferência mútua, interação necessária

The great demand for Federal Institutions of High Education (IFES) design, triggered by the favourable political moment, boosts the public works market and brings with it the stigma of seeking the lowest cost and meet the federal Law 8.666/93 (Bids). In this context, this research makes an analysis of compliance with Fire Safety’s normative requirements in IFES’s architectural designs, taking this point as an evaluation of quality of designs. For the study, were used, IFES’s designs, specifically from UFERSA – Universidade Federal Rural do Semiárido and UFRN – Universidade Federal do Rio Grande do Norte, selected by the relationship use x public served and yet, in the replication of these buildings’ construction. The research was developed through the identification of the Fire Safety applicable legislation to the designs in question, with the determination of the demanded conditions that are architect’s autonomy or that affect the architectural design. Tabulated the requirements, through data collection and measures gathered in the blueprints, was made a comparison and verification of the compliance with these. The results of this evaluation reveal that the minimum requirements was not fulfilled and that IFES’s architectural designs, taken as object in this study, certainly will suffer restrictions in their regularization process with the Fire Department. It is concluded that is necessary an improvement in the IFES’s designs to meet the minimum fire safety regulations and improvement in quality. Moreover, the results direct to the understanding that level of knowledge about Fire Safety received in undergraduate by architects is insufficient for appropriate elaboration of architectural designs in this area.

Os limites do poder regulamentar do Conselho Nacional de Justiça no contexto do Estado constitucional brasileiro

The creation of the National Council of Justice (CNJ) through the Constitutional Amendment nº 45/2004, derived from countless gaps in Brazilian law, mainly relating to procedural delays, ineffectiveness of judicial decisions, and the lack of mechanisms that enable, effectively, disciplinary accountability of judges. The council is constitutionally designed as a member of the Judiciary, which has administrative nature and laid assignments in art. 103-B, § 4 of the current Constitution, among which is to edit regulations to instrument its performance. However, since it came into force, the amendment raised extensive discussions, linked in particular to the constitutionality of the CNJ, which was made through the direct action of unconstitutionality nº 3367, against the alleged violation of the principles of separation of powers and federative form, as well as the limits of its regulatory powers, as has fanned out in ADI nº 3823/ DF, this one dealing on Resolution nº 07, which regulates the seal of nepotism practice in the judiciary. However, despite the Supreme Court has already pronounced on the matter, recognizing the constitutionality of the council, as well as the resolution already said, the debate is in a state of latency, and may erupt again with each new manifestation of regulatory CNJ, given the lack of agreement between doctrine and jurisprudence around the constitutional treatment of its regulatory powers. In this context undeniably reflection on the definition of the regulatory power of the CNJ, presents itself as extremely relevant, and current, in particular in the ambience of the Constitutional Rule of Law, where he strives for legal certainty and consolidation of regulatory institutions. So that it could reach a satisfactory result, skilled at resolving the problems raised, the present study analyzed the reasons that gave rise to the creation of the CNJ, demonstrating their indispensability, but also sought to characterize the status of their administrative and constitutional body, noting finally, the compatibility of its regulatory activities to constitutional principles. From this perspective, we adopted the deductive method and carried out research and bibliographic nature documentary.

Educação ambiental como estratégia para inserção da sustentabilidade na formação em odontologia

This thesis proposes environmental education as a strategy for the inclusion of sustainability in the academic education of higher level. The dentistry course has been the object of study, which is justified by the recognition of the need for reflection on environmental issues in the dental academia, initially based on professional experience of the author as a dental surgeon. The aim of this study is to investigate the scientific production of dentistry and its content related to environmental issues, in addition to expanding discussions and reflections on the need to insert environmental education as academic content. With the specific purpose of verifying the amount and analyze the content of scientific articles involving issues related to sustainability in dentistry, Chapter 01 presents research in leading journals portals available on the internet. Works were surveyed where sustainability and related issues were present and placed in a theoretical framework that analyzes the dental service inclusion in the dominant economic model. These procedures are intended to prove the hypothesis that the dental profession does not produce significant scientific content that relates the profession to the environment and sustainability. A literature review was conducted with the statement of dentistry changes from its origins to the front position to the dominant development model and exemplification of the deleterious effects of this model on the environment. In addition, there was a scientific research in journals portals available on the internet and investigated the amount and content of scientific articles involving issues related to sustainability in dentistry. Chapter 02 has the specific purpose of providing content to expand discussions and reflections on the need to insert environmental education in undergraduate courses in dentistry, such as insertion strategy into a new development model guided by sustainability. In this, students questionnaires were given the 8th dentistry course of the period the Federal University of Rio Grande do Norte (UFRN), to be understood environmental perception of learners and were obtained grants for proof of the thesis that environmental education applied dentistry has the potential to make people aware and willing to act practicing and propagating sustainability in their conduct. The overall results indicate little scientific production, as the research and work that relates to dentistry to sustainability and the issues related to the environment have not significantly been present in the syllabus of the undergraduate courses in dentistry, despite the interest shown by survey respondents When such issues are addressed. In this context, it is proposed fostering actions to environmental education, so that dental professionals are engaged in the construction of a new development model based on sustainability, as despite the environmental theme seems to be little explored in the academic and scientific world of dentistry, there interest from students and great potential multiplier for appropriate environmental behavior. After proving the hypothesis that the environment-related content are poorly explored in the academic and scientific world of dentistry, the main conclusions were recognizing the importance of environmental education as an interdisciplinary tool for environmental thematic approach in undergraduate courses dentistry, in addition to implementing this new pedagogical proposal in the professional practice of dentists, given their potential multiplier for environmental knowledge.

Do modelo geométrico ao modelo físico: o tridimensional na educação do arquiteto e urbanista

In the teaching practice of architecture and urbanism in Brazil, educational legislation views modeling laboratories and workshops as an indispensable component of the infrastructure required for the good functioning of any architectural course of study. Although the development of information technology at the international level has created new possibilities for digital production of architectural models, research in this field being underway since the early 1990s, it is only from 2007 onwards that such technologies started to be incorporated into the teaching activity of architecture and urbanism in Brazil, through the pioneering experience at LAPAC/FEC/UNICAMP. It is therefore a recent experiment whose challenges can be highlighted through the following examples: (i) The implementation of digital prototyping laboratories in undergraduate courses of architecture and urbanism is still rare in Brazil; (ii) As a new developing field with few references and application to undergraduate programs, it is hard to define methodological procedures suitable for the pedagogical curricula already implemented or which have already been consolidated over the years; (iii) The new digital ways for producing tridimensional models are marked with specificities which make it difficult to fit them within the existing structures of model laboratories and workshops. Considering the above, the present thesis discusses the tridimensional model as a tool which may contribute to the development of students skills in perceiving, understanding and representing tridimensional space. Analysis is made of the relation between different forms of models and the teaching of architectural project, with emphasis on the design process. Starting from the conceptualization of the word model as it is used in architecture and urbanism, an attempt is made to identify types of tridimensional models used in the process of project conception, both through the traditional, manual way of model construction as well as through the digital ones. There is also an explanation on how new technologies for digital production of models through prototyping are being introduced in undergraduate academic programs of architecture and urbanism in Brazil, as well as a review of recent academic publications in this area. Based on the paradigm of reflective practice in teaching as designed by Schön (2000), the experiment applied in the research was undertaken in the integrated workshop courses of architectural project in the undergraduate program of architecture and urbanism at Universidade Federal do Rio Grande do Norte. Along the experiment, physical modeling, geometric modeling and digital prototyping are used in distinct moments of the design process with the purpose of observing the suitability of each model to the project s phases. The procedures used in the experiments are very close to the Action Research methodology in which the main purpose is the production of theoretical knowledge by improving the practice. The process was repeated during three consecutive semesters and reflection on the results which were achieved in each cycle helped enhancing the next one. As a result, a methodological procedure is proposed which consists of the definition of the Tridimensional Model as the integrating element for the contents studied in a specific academic period or semester. The teaching of Architectural Project as it is developed along the fifth academic period of the Architecture and Urbanism undergraduate program of UFRN is taken as a reference

Tratamento termoquímico do titânio auxiliado por plasma de ar - N2 - O2

Discs were grade II cp Ti oxynitride by plasma of Ar - N2 - O2 using different proportions of individual gases. These ratios were established from analysis of optical emission spectroscopy (OES) of plasma species. The proportions that resulted in species whose spectra showed an abrupt change of light intensity were chosen for this study. Nanohardness tests revealed that there was a correlation between the intensity of N2 + species with the hardness, because the treatments where they had a higher intensity, obtained a higher value nanohardness, although the crystalline phases have remained unchanged. With respect to topography, it was observed that in general, the surface roughness is related to the intensities of plasma species, because they may have different values depending on the behavior of the species. Images obtained by optical microscopy revealed a surface with grains of different colors to optical reflectance showed a peak of reflection in the red area. Measures the contact angle and surface tension showed hydrophilic properties and hydrophilic with little variation of polar and dispersive components of surface tension

A materialização da dignidade da pessoa humana e o cumprimento das penas privativas de liberdade

The current research come from need to analyze possibilities to materialize human dignity principle during freedom curtail penalties fullfilment, abreast finding that internal and international regulations dictate this is the way to be tread by Brazilian penitentiary system, however, verily, indignity, assistance missing, overcrownding, crime, in the end, barbarie reigns. The work will analyze two strands in order to effective the mentioned principle: the state responsability optics, such in internal scope, as internationally, abreast historical omission in satisfy Constitution, international treaties and laws; and also indicating penal execution alternative methods adoption as a way, bringing to fore a case study - called "apaqueano" method. With such desideratum will bring, first of all, considerations about consolidation process of human dignity principle, its concept and essential content. Furthermore, will address historical and philosophical evolution of freedom curtail penalties. As it follows, will be done an approach about constitutional and underconstitutional legislation that disciplines penalties fullfiling in Brazil, analyzing their main aspects, emphasizing the possibility to charge Brazilian state for disregarding mentioned standards. Next, will also be started a critical analyzis about international regulations, which forbids diminishing or cruel penalties or treatments, approaching human rights international treaties and conventions ratified by Braziland their incorporation and effectiveness in local Law, emphasizing monitoring forms and country international charging possibility for disregarding international regulations. Lastly, will advance to the real possibility to materialize human dignity principle in penalties fullfiling, based in a case study verification - the APAC (Associação de Proteção e Assistência aos Condenados) called method, analyzing the various theories about penalties grounding, with emphasis in their ressocializing function, as well as traditional penitentiary systems, and the theory adopted by vernacular order, in desideratum to contribute to improve national penitentiary system chaotic situation

DEVIDO PROCESSO LEGAL E PROCESSO ADMINISTRATIVO SANCIONADOR NAS AGÊNCIAS REGULADORAS

This paper discusses the growing attention that, over the last decades, has been given to the administrative procedure in Administrative Law, as it also highlights the procedures which are in tune with the new trappings of this legal field. It focuses on the sanctioning competence of regulatory agencies, notably what concerns the procedural guide that conditions its exercise. It aims at gathering varied elements, many times dispersed over the legal system, so it is possible to list, with a satisfactory degree of detail, the procedural constitutional guidelines which are indispensable to the sanctioning of private entities through punitive action by regulatory agencies. It highlights the due legal process clause, for the abundance of the protective set there is around it, as a guiding constitutional principle for the application of sanctions by regulatory agencies. It examines the repercussion of the constitutional principle of the due legal process on Administrative Law, focusing on the most relevant principles on which the first unfolds itself. It analyzes, in light of the due legal process principle, the sanctioning administrative procedure developed in regulatory agencies. In conclusion, it is asserted that there is no room, in the Brazilian legal system as a whole, for sanctions to be applied summarily; that there reigns, in our system, an absolute presumption, dictated by the Constitution, that only through regular procedures can the best and fairest decision, concerning cases in which the rights of private parties could be affected, be taken by the public administration; that, respecting the principle of the right to a fair hearing, it is indispensable that there be motivation of a decision that imposes a sanction; that there should be, in homage to the principle of full defense and for the need to preserve the autonomy of the regulatory party, an appeal court in every agency; that the principles listed in the federal law No. 9.784/1999 should be mandatorily monitored by the agencies, for this is the only alternative consistent with the Constitution

Animais não humanos: a construção da titularidade jurídica como novos sujeitos de direito

This work has the main goal on the recognition of the inherent value of nonhuman animals, under the constitutional framework. It is presented the main philosophical formulations of the current pattern of behavior that rules the relationship between man and animals: first those that have excluded animals from moral consideration and then the thinkers which do have included, in some way, in order to elucidate the origin of the anthropocentric thought over the natural world. In this way, the analysis these thinkers that have included animals in moral consideration will contribute to a paradigm change from the anthropocentric view, initiating legal debates. It will be made a simplified analysis of different philosophical and legal points of view that have been demonstrating the posture in which the human beings have been dealing with the environment, with the replacement of the anthropocentric thinking for the biocentric view, in which life becomes the center of existence. Life is life, no matter whether it is human or not, has a value in itself, and must be protected and respected by the legal system. Then, it will be analized the constitutionalization of the nonhuman animal dignity in comparative law; the infraconstitutional legislation which concerning the intrinsic value of all life forms and, finally, the 1988 Constitution. It will be advocated for non-human animals the condition of subjects, presenting some cases that the Habeas Corpus was used in animal defense. In this new Brazilian Habeas Corpus theory of for apes the argument of genetic proximity was used in order to overcome the literal meaning of natural person to achieve hominids in order to assure the fundamental right of physical freedom. It is realized that the fact that the great apes being recognized as a person does not preclude the possibility of other living beings be recognized as subjects of law. In this way, animals can be considered non-human subjects of law, according to the theory of depersonalized entities and may enjoy a legal category that allows a respect for existential minimum, and can hold constitutional fundamental rights

A Competência normativa das agências reguladoras e seus limites principiológicos no direito brasileiro

The transition of the liberal state to welfare state, globalization and the crisis of funding from the government spending on the multiple roles demanded an overhaul of the means of intervention in the economic domain and structure organizational of the Public Administration by enhancing the performance of regulatory functions. Therefore appear in Brazilian law independent regulatory agencies with legal administrative particular that gives autonomy increased, with fixed terms and stability of its leaders, police and competencies, normative and administrative judges. In this scenario, given the autonomy granted by the laws of the creation of regulatory agencies, the legislative competence becomes the most contentious issue, as not infrequently is innovation in the legal system. The main foundations of innovative extension producible by regulatory agencies, which diverges doctrine, are the constitutional attribution of own competence of the Public Administration and the discretionary power. Thus, it is necessary to delimit the constitutional and legal foundations of special legislative powers of these autarchies in our legal system, seeking ways to limit and control the production rules of those entities, for the purpose of position them before the powers constitutionally constituted. We note that with the constitutionalisation of administrative law regulatory agencies found limits to its performance in the normative constitutional principles, especially through the principles of efficiency, morality and proportionality, which has enabled a more effective control of their normative acts

A função social do contrato como concretização de direitos fundamentais nas relações privadas

This dissertation deals with the social function of the contract, based on constitutional principles, especially those relating to fundamental rights. The social function of the contract (general clause) is described in the Civil Code so intentionally generic, no precise criteria to define it. Because of the fluidity of this principle, it is justified its closer study, seeking to assess its various meanings and looking away from the legal uncertainty that an unlimited conceptual vagueness can cause. The social function of the contract arises from a transformation experienced in private law from the inflows received from the Constitutional Law, the result of an evolutionary process by which it became the state structure, leaving the foundations of the classical liberal state and moving toward a vision guided by existential human values that give the keynote of the Welfare State. Arose, then the concern about the effectiveness of fundamental rights in relations between individuals, which is studied from the inapplicability of fundamental rights in private relations (U.S. doctrine of State action), passing to the analysis of the Theory of indirect horizontal effect of fundamental rights (of German creation and majority acceptance), reaching the right horizontal efficacy Theory of fundamental rights, prevailing Brazilian doctrine and jurisprudence. It has also been investigated the foundations of the social contract, pointing out that, apart from the provisions of the constitutional legislation, that base the principle on screen, there have also been noticed foundations in the Federal Constitution, in devices like the art. 1, III, the dignity of the human person is the north of the relationship between contractors. Also art. 3rd, I CF/88 bases the vision of social covenants, equipping it for the implementation of social solidarity, as one of the fundamental objectives of the Republic. Still on art. 170 of the Constitution it is seen as a locus of reasoning in the social function of the contract, the maintenance of the economic order. It is also studied the internal and external aspects of the social function of the contract, being the first part the one that considers the requirement of respect for contractual loyalty, through the objective good faith, as a result of the dignity of the hirer may not be offended by the other through the contract. On the other hand, the external facet of the social function of the contract, in line with the constitutional mandate of solidarity, indicates the need for contractors to respect the rights of society, namely the diffuse, collective and individual third party. In this external appearance, it is also pointed the notion of external credit protection, addressing the duty of society to respect the contract. There has been shown some notions of the social contract in comparative law. Then, there has been investigated the content of principle study, through their interrelationships with other provisions of private and constitutional law, namely equality, objective good faith, private autonomy and dignity of the human person. We study the application of the social contract in contractual networks as well as the guidance of conservation of contracts, especially those denominated long-term captive contracts, considering the theory of substantive due performance, concluding with an analysis of the social contract in code of Consumer Protection

Planejamento tributário: Critérios e limites para a desconsideração dos atos e negócios jurídicos pela administração fiscal

Tax planning is a subject that has been increasing in relevance in Tax Law. This current dissertation s objective is to approach the criterion and limits for the disqualification of law acts and business through the Tax Administration. Law acts and business resulted from the conduct of contributors that seek to diminish the growing raise of the tax load, using some means to reduce their burden and increase the possibilities of success in an economical activity, without violating the law in the persecution of paying fewer burdens. On the other hand, the tax administration, through its organs, hoping the increase of burden collection to withstand some determined sectors of the State, with a clear purpose to stop the contributor organizing his activity and structuring it as efficiently as possible, came up with a preliminary draft which left Complementary Law 104, from 10.02.2001, enacted, that inserted the unique paragraph of the National Tax Code, article 116, authorizing the disregard, by the administrative fiscal authority, of Law acts and business practiced to dissimulate the occurrence of burden gain or the nature of obligated incorporating elements, observing the procedures to be established in common law . Our goal is to identify the criteria and limits to disregard law acts and business through the tax administration, pointing out some possible means of action by the tax administration that qualifies it to disregard the contributor s acts and business, just claiming that a saving in the tax costs was made by the contributor s act

Regime constitucional do direito privado das organizações religiosas

In Brazil, constitutional clauses regarding religious freedom have concrete applications in Private Law. Church-State Law, or "Ecclesiastical Law of the State," studies the legal principles which may be applicable to religious activity, exercised individually and collectively. The study of Church-State Law in Brazil lacks a thorough introduction to the constitutional and civil aspects of religious organizations: such an introduction is the main end of this work. Following a brief introduction, the main aspects of religious freedom and the principle of private autonomy as it concerns religious organizations are explained. A careful introductory analysis of Church-State Law in Brazil is thus developed: (1) the historical aspects, including a detailed account of the relations between Catholicism, the established religion up to 1889, and the government; (2) the current constitutional principles, as presented in the text of the federal Constitution of 1988, regarding the rights and claims of religious organizations; (3) how the same constitutional principles are to be used in the interpretation of Private Law (especially the Civil Code of 2002), fostering and preserving the uniqueness of religious organizations in the Brazilian legal system. A brief complementary chapter presents some aspects of the legal position of religious institutions in three other nations whose constitutional documents have influenced the current Brazilian federal Constitution (France, Spain, and the United States)

O direito fundamental contra a autoincriminação: a análise a partir de uma teoria do Processo Penal Constitucional

The right against self-incrimination is a fundamental right that works in the criminal prosecution, and therefore deserves a study supported by the general theory of criminal procedure. The right has a vague origin, and despite the various historical accounts only arises when there is a criminal procedure structured that aims to limit the State´s duty-power to punish. The only system of criminal procedure experienced that reconciles with seal self-incrimination is the accusatory model. The inquisitorial model is based on the construction of a truth and obtaining the confession at any cost, and is therefore incompatible with the right in study. The consecration of the right arises with the importance that fundamental rights have come to occupy in the Democratic Constitutional States. In the Brazilian experience before 1988 was only possible to recognize that self-incrimination represented a procedural burden for accused persons. Despite thorough debate in the Constituent Assembly, the right remains consecrated in a textual formula that´s closer to the implementation made by the Supreme Court of the United States, known as "Miranda warnings", than the text of the Fifth Amendment to the U.S. Constitution that established originally the right against self-incrimination with a constitutional status. However, the imprecise text does not prevent the consecration of the principle as a fundamental right in Brazilian law. The right against self-incrimination is a right that should be observed in the Criminal Procedure and relates to several of his canons, such as the the presumption of not guilty, the accusatory model, the distribution of the burden of proof, and especially the right of defense. Because it a fundamental right, the prohibition of self-incrimination deserves a proper study to her constitutional nature. For the definition of protected persons is important to build a material concept of accused, which is different of the formal concept over who is denounced on the prosecution. In the objective area of protection, there are two objects of protection of the norm: the instinct of self-preservation of the subject and the ability to self-determination. Configuring essentially a evidence rule in criminal procedure, the analysis of the case should be based on standards set previously to indicate respect for the right. These standard include the right to information of the accused, the right to counsel and respect the voluntary participation. The study of violations cases, concentrated on the element of voluntariness, starting from the definition of what is or is not a coercion violative of self-determination. The right faces new challenges that deserve attention, especially the fight against terrorism and organized crime that force the development of tools, resources and technologies about proves, methods increasingly invasive and hidden, and allow the use of information not only for criminal prosecution, but also for the establishment of an intelligence strategy in the development of national and public security

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