A concretização do princípio da igualdade em matéria tributária por meio de sentenças aditivas

This work aims to study the additive decisions, a type of juridical interpretation developed in foreign legal systems and which are known in Italy as adittive sentences. Thefore, this dissertation is based on theorical studies developed around the subject in Italy and Brazil. Considering the fact that the fundamental rights face a problem of implementation, being decreased its normative force when there are legislative partial omissions lacking constitutional justification creating privileges to certain individuals or social/economical groups over others, the method of additive interpretation according to the Constitution can be used in order to realize the principle of equality. In tax matters the subject is even more relevant in the way that it represents an important role in the economy. Partial legislative omissions can generate inequalities, favoring certain taxpayers in relation to others in similar legal situation. In these cases the privilege may have a negative impact on economic order restricting values related to the basis of market competition. On those occasions, Brazilian Judges and Courts must exercise their constitutional jurisdiction in order to expand the effects of the legislative omissions, based on the principle of equality by extending the standard to equal tax situations in order to maintain neutrality in taxation

As sentenças com é ruim que no português brasileiro

Based on studies on the structure of copulates sentences in Brazilian Portuguese (PB), according to grammar theory, it s analyzed on this dissertation, the complex copulate sentences what, in the PB, initiated by the formation é ruim que in the PB, bringing the hypothesis that they can have one predicacional reading (PRED) and other especificacional reading (ESP). It s revealed what, though they are similar slightly, that makes the different that are triggered is structural configuration of sentence and the form as come emerged the its constituents: that of PRED interpretation, that we defined as Common Copulate Sentence (or SCC), it s checked that the constituent ruim, and only it, is predicate of a Small Clause, and appears in the structure on even position wherein is pronounced, not passing by the method of movement, from where introduce wide predication on all subject, that is the CP built-in; those sentences é ruim que understanding ESP, that denominate of Negative Copulate Sentence (or SCN), whereas the fixed expression contradict or right what is asserted in built-in, it s perceived what the ruim is a part of this fixed expression, and surely crystallized, which appears in structure per movement, germinated as adjunct of Inflexional Phrase (IP) and being elevation to specifier to FocP (or SpecFocP), where acquires discursive interpretation of focus. Besides the mode as the ruim or the fixed expression emerge in that sentences, the relation between the copula and main verb likewise contribute to distinguish the sentences: 1) regarding flexion of mode, when is a SCC, the copula must be in the mode indicative, and the main verb, in the subjunctive; when is a SCN, copula and main verb must be always on indicative; 2) regarding flexion of temp, both the copula as main verb of the SCC can be flexed, whereas at the SCN, the main verb can vary in present, past and future, but the copula should appear, necessarily, in third persona of present of indicative, what confirms our hypothesis that there is an fixed expression at the copulate sentences with é ruim que ESP. Other two evidences are pointed as characteristics that distinguish the sentence with é ruim que PRED of sentence with é ruim que ESP: 1) in semantics, the constituent ruim equals not good, that has appreciation, when the reading will PRED; already the pair é ruim equals not, at the ESP; 2) in prosody, there discrete sound elevation the ruim on the other constituents of SCC, PRED, while there is accentuated acoustic elevation on the ruim of SCN, ESP. Our search it is grounded in authors as Zanfeliz (2000), Modesto (2001), Mioto (2003), Kato & Ribeiro (2006), Lobo (2006), Quarezemin (2006, 2009, 2011, 2012) e Resenes (2009), researchers that devoted their attention on studies the formation and organization of the constituents of cleaved sentences and focalization of constituent, basing itself in approach generative of linguistic

A colocação de pronomes clíticos em sentenças infinitivas preposicionadas na escrita brasileira dos séculos XIX e XX

In this work we present the description and analysis of the clitics collocation patterns in prepositional infinitive sentences within the Brazilian writing in the centuries XIX and XX. The corpus in analysis is comprised of letters of newspaper readers and newspaper writers, as well as of advertisements (ads) taken from Brazilian newspapers from different regions / states – Rio de Janeiro, Bahia, Ceará and Pernambuco – and written in the Centuries XIX and XX. They belong to the common minimum corpus of the project named Projeto para a História do Português Brasileiro (PHPB or Project to the History of the Brazilian Portuguese, in English). Its analysis is based on theoreticalmethodological postulates of the Theory of Variation and Change (WEINREICH; LABOV; HERZOG, 1968[2006]; LABOV, 1972[2008]); on the Theory of Principles and Parameters (CHOMSKY, 1981, 1986) and on the model of Grammar Competition (KROCH, 1989; 2001). By trying to articulate those presuppositions from both the theories we present a proposition of theoretical interface between the Variation Theory and the Grammar one. Concerning the empirical results achieved by means of this research, we could figure that, in the context in which there were prepositional infinitive sentences, the most significant independent variable to the occurrence of the proclisis is the type of preposition that comes before the verb in the infinitive. Before that, we found out that there are prepositions which strongly direct the proclisis, as it is the case of the prepositions in Portuguese sem, por, de and para, with all of them presenting Relative Weights over 0,52. Another important result is the one attested in the data referring the state of Rio de Janeiro (RJ). This state is the only one of the sample which is located in the Southeastern region and also presents itself as the main proclisis conditioner amongst the localities pertaining to the sample. In order to explain those results, we raised the hypothesis that the proclisis implementation may be more advanced in the Southeastern than in the Northeastern Brazil, however that hypothesis must be confirmed or refuted in future works. We also present, in this work, a theoretical explanation about the clitics colocation in prepositional infinitive sentences within the Brazilian writing in the XIX and XX centuries. The theoretical explanation we found to interpret the achieved results associates Magro’s proposition (2005), regarding the existence of prepositions occupying the nucleus PP and the existence of prepositions which can play the role of a completer and occupy the nucleus CP, according to Galves (2000; 2001), regarding the existent relation between the clitic colocation and the association of traits-phi to the functional categories COMP, Tense and Person. Our proposition is that the occurrence of prepositions which occupy the nucleus CP causes changes in the values attributed to the traits-phi and to the strong Vtraits in the functional categories COMP, Tense and Person. Thus, we defend that proclisis in Brazilian Portuguese (BP) is derived from the movement of the verb to the functional category tense in which there is the association of traits +V and traits +AGR, what legitimates the proclisis according to Galves´s proposition (2000; 2001).

Do controle de constitucionalidade dos atos jurisdicionais transitados em julgado

The following study aims to verify in which hypothesis res judicata, when it comes of an unconstitutional decision, shall not prevail over Constitution. It displayed the characteristics of formal and material constitutional systems. It debated the concepts of existence, validity and efficacy of juridical rules and acts. It dissertated about the idea of Constitution s superiority and about the birth of the judicial review of constitutionality. It focused some contemporary models of this judicial review and its historical evolution in Brazil, showing its effects towards the current Constitution. It sustained that the decision given by Supremo Tribunal Federal during abstract control of rules must bind even legislative bodies, preventing them to produce the same rules previously declared unconstitutional. It held up that all parts of the decision of Supremo Tribunal Federal oblige, even the juridical arguments employed, in both diffused and concentrated reviews. It showed that, despite these models of review live together in Brazil, our constitutional system preferred the concentrated one, considering one only court over the other constitutional organs. It discussed about res judicata with the purpose of clarifying its juridical nature, its objective and subjective limits and its regulation in collective demands. It explained that the material res judicata is an effect of a decision which cannot be reviewed, which makes the law s will free of discussion, binding the contendants and avoiding that other courts, judging future demands about the same object, may decide differently. It showed how the regulation of res judicata in collective demands, in respect oh their subjective limits, is useful to demonstrate that it is not the material law who must adapt itself to res judicata as traditionally thought, but res judicata, as a warranty of juridical certainty and security, who must be shaped from the debated rule. It presented to view the main doctrinal conceptions about res judicata s review in the hypothesis of unconstitutional judgement. It concluded that the decisions forged by unconstitutional rules or interpretations reputed not compatible to the Constitution by Supremo Tribunal Federal, in spite of it can make res judicata, may be reviewed beyond the term to file a recissory claim, since while the debated law is still valid, no matter if its decision was before or after the res judicata. At the end, it asserted that, when it is not legally authorized, the judicial review of res judicata is not admissible, after the term to file a recissory claim, under the argument that there was no direct violation to the constitutional principle or rule

O evangelho por escrever: uma leitura do desassossego nos fragmentos de Bernardo Soares.

Cette recherche a pour but d approfondir des études qui mettent en lumière des particularités inhérentes au processus de l écriture fragmentaire. Notre intérêt pour ce thème provient de la poétique fragmentaire du Le livre de l intranquillité composé par Bernardo Soares, assistant de notaire et sémi-hétéronime de l écrivain Fernado Pessoa. Notre approche de ce genre textuel commencera par une méthodologie comparative qui nous donnera des notions pour que nous puissions établir quelques rapports de ressemblances et différences entre fragments, maximes, aphorismes et réflexions dont le corpus littéraire sera le journal intime de l intranquilité soarianne, ainsi que la fragmentation du simulacre d auteur au cours des années pendant lesquelles le Livre a été écrit. Le livre de l intranquillité lance des « pulvérisations » réflexives, lesquelles demeurent actuelles, étant donné que le processus de l écriture fragmentaire semble être toujours dans un mouvement constant et, donc, dans l ambiance du à venir. À partir de cela, nous avons passés pour quelques entraves pour essayer d établir une définition pour ce qui serait l écriture fragmentaire. Nous chercherons des points d intersection visant à établir des paradigmes pour obtenir des notions plus précises sur ce genre textuel, concernant les maximes, aphorismes et sentences refléxives.

Lógica condicional

The main goal of this work is to clarify the central concepts involved in the study of formalization of conditional sentences. More specifically, it has been done a comparative analysis of the two greater and more traditional proposals of conditional formalization (Lewis 1973c e Adams 1975). These proposals were responsible for the creation of a way of analysis that still present in the current debate about this subject. This work pursues to explain the principal assumptions held within these proposals. According to certain disambiguation techniques from Bennett (2003) and Lycan (2005), this work tries to explicit how these assumptions connect to the aims sought by the initial approaches. The following results show that there is a not declared presumption, the definition of the object of study of these theories, i.e., the definition of conditional sentence. This work argues that despite of not explicitly declared the definition of the study object has a central role in the intelligibility of the debate itself

Eleutheria: a noção de liberdade na ética de Epicuro

Épicure de Samos (341-270 a.C) fut l'un des plus importants penseurs de l'Antiquité. Le philosophe du Jardin, comme il a été connue, aurait écrit au moins 300 volumes. Ayant vécu dans une Grèce sans l'autonomie des temps passés, a vu l'atténuation du sens de liberté (eleutheria) dans le domaine social. En outre, la théorie atomiste que lui précédée et lui a influencée postulais un déterminisme qui avait entraîné la fatalité et l'élimination des eleutheria aussi dans le domaine de la nature (physis). Dans ce contexte, il donne, de la physiología, une forme originale à l'étude de la physis, afin de postuler l'existence du hasard (tychè) agissant dans le monde phisique et de la liberté, dans l‟action humaine. S‟il fait cela, c‟est parce qu‟il croit que être libre est condition du bonheur et celle-ci réside dans le plaisir. Pour cela, Épicure va présenter l'indéterminisme dans le domaine de la physiologie, garantissant l'existence d'un mouvement de déclinaison de l'atome - le parênklisis. Ainsi, dans ce travail, nous allons effectuer une analyse de la façon de se montrer le sens d‟eleutheria développé dans la pensée de ce maître et comment il interagit avec son projet d'éthique. En particulier, nous discutons de comment, de la physiología, Épicure pense un éthos-llibre tourné vers la réalisation du plaisir, de la vie heureuse. Pour cela, nous utilisons la Lettre à Hérodote, la Lettre à Pítocles, la Lettre à Ménécée, 81 Sentences Vaticanes, 40 Maximes Fondamentales et les rapports doxographie

A relação entre as noções de eleuthería e autárkeia na filosofia de Epicuro

Coordenação de Aperfeiçoamento de Pessoal de Nível Superior

Saúde do trabalhador: entre os dispositivos legais e as práticas efetivas

The health worker is seized in this research beyond the mere applicability of legal devices concerning the legislation of Labor, in order to be established correlations with activities alluding to the public power in the ambit of State of Rio Grande do Norte (RN). This dissertation is an cutting of analysis circumscribed in the research, "Accidents at work: law, citizenship and justice," of the Grupo de Estudos Seguridade Social e Trabalho (GESTO) of Universidade Federal do Rio Grande do Norte (UFRN). The overall goal turned to apprehend and relate contradictory elements inherent compliance of Occupational Health and Safety (OHS) in the supermarket which showed the highest occurrence of legal violations recognized by the Labor Justice of RN in the period between 2006 and 2008 . The specific objectives turned to identify, from the condemnatory sentences, violations inherent in the protective direction of the OH & S legislation; analyze the relationship of health damages to workers at the supposed recognition of rights claimed in condemnatory sentences and correlate violations inherent in the legislation OSH impacts on the health of workers, from data contained in expert reports. The justification for perform the research backed up, among other factors, in the fact that class of activity has been presented as the most recurrent in condemnatory sentences, since it chose to focus the analysis on documentary evidence from the supermarket which showed greater expression in relation to violations of the OSH legislation. From a qualitative perspective, the methodological approach was based on content analysis of thirteen condemnatory sentences, handed down by the potiguar labor justice, and three expert reports from a large supermarket in the city of Natal/RN. Aftermaths are evidenced relating to the cyclical processes of reorganization of capital, demanding requirements for labor organizations whose strategies for survival include identifying mechanisms to extract as much of the work force. Structural determination and ideological context that puts into question the historical achievements of workers, for example the legal devices aimed at preventing workplace accidents, expressed in this research as relativized, showing limitations of reach, as was inferred the indemnities, by material and moral damages, arising from Work-Related Musculoskeletal Diseases (MSDs'S), recognized by the laborite judiciary

Geração automática de testes a partir de descrições de linguagens

Some programs may have their entry data specified by formalized context-free grammars. This formalization facilitates the use of tools in the systematization and the rise of the quality of their test process. This category of programs, compilers have been the first to use this kind of tool for the automation of their tests. In this work we present an approach for definition of tests from the formal description of the entries of the program. The generation of the sentences is performed by taking into account syntactic aspects defined by the specification of the entries, the grammar. For optimization, their coverage criteria are used to limit the quantity of tests without diminishing their quality. Our approach uses these criteria to drive generation to produce sentences that satisfy a specific coverage criterion. The approach presented is based on the use of Lua language, relying heavily on its resources of coroutines and dynamic construction of functions. With these resources, we propose a simple and compact implementation that can be optimized and controlled in different ways, in order to seek satisfaction the different implemented coverage criteria. To make the use of our tool simpler, the EBNF notation for the specification of the entries was adopted. Its parser was specified in the tool Meta-Environment for rapid prototyping

Geração de testes a partir de gramáticas: áreas de aplicação

The work proposed by Cleverton Hentz (2010) presented an approach to define tests from the formal description of a program s input. Since some programs, such as compilers, may have their inputs formalized through grammars, it is common to use context-free grammars to specify the set of its valid entries. In the original work the author developed a tool that automatically generates tests for compilers. In the present work we identify types of problems in various areas where grammars are used to describe them , for example, to specify software configurations, which are potential situations to use LGen. In addition, we conducted case studies with grammars of different domains and from these studies it was possible to evaluate the behavior and performance of LGen during the generation of sentences, evaluating aspects such as execution time, number of generated sentences and satisfaction of coverage criteria available in LGen

A responsabilidade enunciativa na sentença judicial condenatória

The Textual Analysis of Discourse has its origin in Text Linguistics and it aims at studying the co(n)text meaning production based on the analysis of concrete texts by offering elements to the understanding of the text as a discourse practice throughout the plans or levels of linguistic analysis. In this perspective, we intend to investigate the enunciative responsibility phenomenon in the sentencing court judgment. To do so, we review the theoretical contributions of Textual Analysis of Discourse (ADAM, 2011) and the Enunciative Linguistics from various authors, among them, Rabatel (1998, 2003, 2004, 2005, 2008, 2009, 2010), Nølke (2001, 2005, 2009, 2013), Nølke, Fløttum and Norén (2004), Guentchéva (1994, 1996) and Guentchéva et al. (1994). In this direction, we investigate the enunciative responsibility through a range that comprises the phenomenon from four gradations, each one with a kind of point of view (PoV) and with links that may mark the assumption or the distance from the point of view. Regarding the legal approach of the thesis, our theoretical anchoring follows several authors, among them, Petri (1994), Soto (2001), Alvarez (2002), Alves (2003), Cornu (2005), Albi (2007), Bittar (2010), Asensio and Polanco (2011), López Samaniego (2006), López Montolío and Samaniego (2008), Montolío (2002, 2010, 2011, 2012, 2013), Sterling (2010), Prieto (2013), Lawrence and Rodrigues (2013) and Rodrigues, Passeggi and Silva Neto (2014). Our corpus is composed of 13 sentences from criminal cases arising from the district of Currais Novos-RN, completed in 2012. The results reveal how the judge, from various enunciative instances, builds the court decision, which allowed us to understand the configuration of (non) assumption of enunciative responsibility in the sentencing court judgment discourse genre. In conclusion, we perceive that the discourse units are envisaged or through the assumption, or the non assumption of PoV by the enunciative instances, what guides the producer organization argumentative text and his (her) communicative purposes. With that, the judge creates and/or modifies values and beliefs, induces and/or guides his (her) interlocutor by being able to demonstrate objectivity and/or preventing his (her) face through the mediated constructions or engage through the assumption of the enunciative responsibility of the propositional content of an utterance. In short, we reaffirm our belief that the (non) assumption of the enunciative responsibility configures as an argumentative mechanism strongly marked by the producer of the text with a view to their communicative purposes. The sentence, therefore, is constructed in this game of taking and/or not taking of statements according to argumentative orientation and the objectives of the text producer.

Análise sintagmática aplicada ao processo de sumarização automática de documentos do português brasileiro

This research studies the application of syntagmatic analysis of written texts in the language of Brazilian Portuguese as a methodology for the automatic creation of extractive summaries. The automation of abstracts, while linked to the area of natural language processing (PLN) is studying ways the computer can autonomously construct summaries of texts. For this we use as presupposed the idea that switch to the computer the way a language is structured, in our case the Brazilian Portuguese, it will help in the discovery of the most relevant sentences, and consequently build extractive summaries with higher informativeness. In this study, we propose the definition of a summarization method that automatically perform the syntagmatic analysis of texts and through them, to build an automatic summary. The phrases that make up the syntactic structures are then used to analyze the sentences of the text, so the count of these elements determines whether or not a sentence will compose the summary to be generated

Of madness and many-valuedness: an investigation into Suszko's Thesis

Suszko’s Thesis is a philosophical claim regarding the nature of many-valuedness. It was formulated by the Polish logician Roman Suszko during the middle 70s and states the existence of “only but two truth values”. The thesis is a reaction against the notion of many-valuedness conceived by Jan Łukasiewicz. Reputed as one of the modern founders of many-valued logics, Łukasiewicz considered a third undetermined value in addition to the traditional Fregean values of Truth and Falsehood. For Łukasiewicz, his third value could be seen as a step beyond the Aristotelian dichotomy of Being and non-Being. According to Suszko, Łukasiewicz’s ideas rested on a confusion between algebraic values (what sentences describe/denote) and logical values (truth and falsity). Thus, Łukasiewicz’s third undetermined value is no more than an algebraic value, a possible denotation for a sentence, but not a genuine logical value. Suszko’s Thesis is endorsed by a formal result baptized as Suszko’s Reduction, a theorem that states every Tarskian logic may be characterized by a two-valued semantics. The present study is intended as a thorough investigation of Suszko’s thesis and its implications. The first part is devoted to the historical roots of many-valuedness and introduce Suszko’s main motivations in formulating the double character of truth-values by drawing the distinction in between algebraic and logical values. The second part explores Suszko’s Reduction and presents the developments achieved from it; the properties of two-valued semantics in comparison to many-valued semantics are also explored and discussed. Last but not least, the third part investigates the notion of logical values in the context of non-Tarskian notions of entailment; the meaning of Suszko’s thesis within such frameworks is also discussed. Moreover, the philosophical foundations for non-Tarskian notions of entailment are explored in the light of recent debates concerning logical pluralism.