Ordem econômica e política nacional de recursos hídricos: hermenêutica constitucional para o desenvolvimento sustentável

This research proposes a study about the interpretative techniques application that are compatible with the national legal system under the principles for Sustainable Development characterized in Brazilian Constitution. It verifies the actual possibility of reconciliation between national development and environment protection, with reflections under the water legal protection. It was proposed, therefore, to point subsidies for jurisdictional decisions involving development and the environmental goods, protected as constitutionally guaranteed principles. It was assumed that, both development and environment protection represents basic rights that are eventually placed in conflict situations, considering the many legitimate economic activities within the Brazilian State. A representative case analysis was elected within the current national scene, detailing the judicial and political conflict involving the Transboundery water Project from the São Francisco River Basin to another Northeastern river basin in Brazil. The implementation of several constitutional principles with elements from legal hermeneutics provides subsidies for the legal analysis about the conflict between development and environmental protection. It was assumed that the main discussion item about rights due to development today is the institutions influence and their results, among them the rules, laws and interpretative elements for the constitutional text objectivity, as the institutions credibility and the Supreme Courts interpretations. The use of interpretative resources for specific conflict situations about constitutional principles by Superior Courts, on the search, would bring a contributory factor for decision safety, related to sustainable development principles, elimination of inequalities and regional protecting for the environment. Specific aspects of Law No. 9.433/97 that introduced the National Water Resources Policy were examined, with its instruments, in order to specifically contextualize aspects of the Brazilian water resources management politics

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

Planejamento dos recursos hídricos da bacia hidrográfica do rio Seridó, no Rio Grande do Norte

The present research has the purpose of planning the management of the water resources of the Seridó River watershed, in the state of Rio Grande do Norte, Brazil. It has an emphasis on the amount of surface water available in this region, to provide a sustainable water supply. Based on data and information collected from public departments responsible for the management of the water resources of the Rio Grande do Norte state, well as on researches related to water resources , a watershed balance was done, and the results suggested the transposition of the waters from the Piranhas-Açu river watershed taken from the Oiticica and Armando Ribeiro Gonçalves reservoirs, integrated with the construction of 2 hidroelectrical plants and 2 elevation stations, to pump the amount of water needed to the expected demand in some public dams of the region until 2020. So, with the use of the surface water potential that exists in the region, it was demonstrated that, on the contrary of the public policies implemented in the past and in the current by the federal and state realm, it is possible to supply the currently water demands and also the future ones, in a sustainable way, without the need of importing outter water to the respective watershed. Finally, it was proposed the implementation of the Water Resources Plan in the Seridó region WRPS, aiming at providing an auto-sustainable development by significantly diminishing the effects of the dry seasons in that region, by considering the economic, social and environmental sustainability

A água nossa de cada dia : percepção, uso e predisposições comportamentais de alunos do ensino médio de Natal, Rio Grande do Norte

Embora a escassez de água seja reconhecida como um dos principais problemas mundiais a ser enfrentado pela humanidade, padrões comportamentais ecologicamente insustentáveis ainda persistem. Assim, o objetivo deste estudo foi analisar determinantes do comportamento pró-ambiental relativo à água, bem como os significados que lhe são atribuídos por alunos do ensino médio do Centro Federal de Educação Tecnológica do Rio Grande do Norte, em Natal. Compuseram a amostra de conveniência 315 estudantes, 146 mulheres e 169 homens, que responderam a um questionário sobre uso e percepção da água, contendo também indicadores de pró-ambientalismo, cuidado ambiental, desenvolvimento sustentável, perspectiva temporal, externalidades e coletivismo, além de inquérito sócio-demográfico. Para os participantes, água é sinônimo de vida, muito embora a relação que mantém com ela parece dúbia e, muito mais funcional que ecológica; consideram-na um recurso finito, um patrimônio indispensável à vida, contudo não foi observada coerência entre as concepções manifestadas e os comportamentos auto-relatados de uso da água. Os resultados encontrados apontaram preditores importantes do comportamento pró-ambiental relativo à água: sexo do respondente, Escala Novo Paradigma Ecológico e deixar forma de contato para participar de campanhas futuras. Seja para aprofundamento teórico em novos estudos, seja para auxiliar na elaboração de programas de educação ambiental, que poderiam contribuir para inibir os efeitos de uma cultura de consumo e de uma visão utilitarista da água, ampliando esforços individuais e coletivos para a preservação de bens comuns, como a água. Palavras-chave: psicologia ambiental; sustentabilidade; água; comportamento próambiental. x xi Abstract Although water scarcity is recognized as one of the main world-wide problems to be faced by human kind, ecologically unsustainable patterns of behavior still persist. Thus, the objective of this study was to analyze pro-environmental behavior related to water, as well as meanings associated to it by high school students of Federal Center of Technological Education of Rio Grande do Norte, in Natal. The convenience sample was composed by 315 students, 146 women and 169 men, who answered a questionnaire about use and perception of water, containing indicators of proenvironmentalism, environmental care, sustainable development, time perspective, externalities and collectivism, besides socio-demographic items. According to participants, water is synonymous of life, even though the relationship they present with it is ambiguous, much more functional than ecological; they consider it a finite resource, an indispensable life patrimony, however there was no coherence between such conceptions and the self-reported behaviors of water use. Results indicated three important predictors of pro-environmental behavior: sex of respondent, New Ecological Paradigm Scale and telephone/address left for eventual contact to participate in future environmental campaigns. They may be used in additional studies for theoretical development, or to assist in the planning of programs of environmental education, aimed at the inhibition of the effects of a culture of consumption and of an utilitarian perception of water, extending individual and collective efforts towards the preservation of common resources as water

A Água nossa de cada dia: percepção, uso e predisposições comportamentais de alunos do ensino médio de Natal, Rio Grande do Norte

Although water scarcity is recognized as one of the main world-wide problems to be faced by human kind, ecologically unsustainable patterns of behavior still persist. Thus, the objective of this study was to analyze pro-environmental behavior related to water, as well as meanings associated to it by high school students of Federal Center of Technological Education of Rio Grande do Norte, in Natal. The convenience sample was composed by 315 students, 146 women and 169 men, who answered a questionnaire about use and perception of water, containing indicators of proenvironmentalism, environmental care, sustainable development, time perspective, externalities and collectivism, besides socio-demographic items. According to participants, water is synonymous of life, even though the relationship they present with it is ambiguous, much more functional than ecological; they consider it a finite resource, an indispensable life patrimony, however there was no coherence between such conceptions and the self-reported behaviors of water use. Results indicated three important predictors of pro-environmental behavior: sex of respondent, New Ecological Paradigm Scale and telephone/address left for eventual contact to participate in future environmental campaigns. They may be used in additional studies for theoretical development, or to assist in the planning of programs of environmental education, aimed at the inhibition of the effects of a culture of consumption and of an utilitarian perception of water, extending individual and collective efforts towards the preservation of common resources as water