A investigação criminal e a vedação ao anonimato no sistema jurídico brasileiro

The thesis, prepared with basis on deductive reasoning (through the utilization of general concepts of the fundamental rights theory) and on inductive logic (by means of the consideration of particular situations in which the theme has been approached) deals with the criminal investigation and the prohibition of anonymity in the Brazilian law system. The state criminal investigation activity presents not only a substantial constitutional basis, due to the objective dimension of fundamental rights (which imposes an obligation to protect these essential values), but also a formal constitutional basis, arising from the administrative principles of rule of law, morality and efficiency, referred to in article 37 of the Constitution. The criminal investigation, however, is not an unlimited pursuit, being restrained by the duty to consider fundamental rights that oppose to its realization. One of the limits of the state investigation activity, in the Brazilian law system, is the prohibition of anonymity, referred to in article 5°, IV, of the Constitution. This prohibition is a direct constitutional restriction to the freedom of expression that aims to ensure the credibility of the diffusion of ideas and prevent the abusive exercise of this fundamental right, which could harm both persons and the state, with no possibility of punishment to the offending party. Generally, based on this prohibition, it is affirmed that a criminal investigation cannot begin and progress founded on anonymous communication of crimes. Informations about crimes to the investigative authorities require the correct identification of the stakeholders. Therefore, it is sustained that the prohibition of anonymity also comprehends the prohibition of utilization of pseudonyms and heteronyms. The main purpose of this essay is to recognize the limits and possibilities in starting and conducting criminal investigations based on communication of crimes made by unidentified persons, behind the veil of anonymity or hidden by pseudonyms or heteronyms. Although the prohibition of article 5°, IV, of the Constitution is not submitted to direct or indirect constitutional restrictions, this impediment can be object of mitigation in certain cases, in attention to the constitutional values that support state investigation. The pertinence analysis of the restrictions to the constitutional anonymity prohibition must consider the proportionality, integrated by the partial elements of adequacy, necessity and strict sense proportionality. The criminal investigation is a means to achieve a purpose, the protection of fundamental rights, because the disclosure of facts, through the investigatory activity, gives rise to the accomplishment of measures in order to prevent or punish the violations eventually verified. So, the start and the development of the state criminal investigation activity, based on a crime communication carried out by an unidentified person, will depend on the demonstration that the setting up and continuity of an investigation procedure, in each case, are an adequate, necessary and (in a strict sense) proportional means to the protection of fundamental rights

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

Saída compulsória do estrangeiro do território nacional à luz dos direitos humanos: análise de casos

This paper aims to review traditional concepts inherent to the general theory of the state and human rights, relating to the legal situation of foreign, understood as the subject of rights, especially when the is case of compulsory legal imposition of exit from national territory. After the serious violations during the Second World War and the importance acquired by the International Law of Human Rights, values as dignity, justice and equality are enshrined in the legal system and its respect required beyond the boundaries of any country. The creation of an international community, which is governed by rules that its members are subordinated, without distinction, as well as state - based on volunteerism, become inspired by one principled nature of these new concepts required of Global Society, as well as the adoption, influenced by neoconstitutionalism, to the model of State Constitutional rule of law, are opposed to the idea of state sovereignty connected to a superiority, absolute and unlimited power which recognizes no other above it, not even the basic principles or axioms that must govern the relationships internally. So looks for a concept of state that includes all the requirements of a democratic society, that have the people as the power holder, understanding that state element has undergone a relativization, because had to adapt to the contemporary values applicable to the individual, inserting in its concept, the indispensable obligation to protect the inalienable rights of citizens, regardless of with whom he have legal and political bond of nationality. It happens that, to consecrate these privileges to individuals, which, because they contain reference to values with supranational characteristics, are very abstract and are in constant collision course with internal rules, making it difficult to reconcile, it will use hermeneutics of human rights, due mainly to international courts, correlated with constitutional exegesis, in particular, legal principiologia, using, among others, the principles of reasonableness and proportionality, the systematic interpretation of the Constitution and international legal standards. Thus, it seek to enshrine the common foundation of all law , the link between the systems, namely, the dignity of human beings. Finally, it will see if Brazilian jurisdiction, through case studies, is tuned in line with these new paradigms, and in line with the International Bill of Human Rights, the Federal Constitution, the values and principles she hired

Otimização de escalas de serviço de tripulações estudo de caso em uma empresa de transporte urbano na região metropolitana de Natal/RN

This work aims to "build" rostering urban bus crews to minimize the cost of overtime. For this purpose a mathematical model was developed based on case study in an urban transport company in the metropolitan region of Natal. This problem is usually known in the literature as the Crew Scheduling Problem (CSP) and classified as NP-hard. The mathematical programming takes into account constraints such as: completion of all trips, daily and maximum allowable range of home and / or food. We used the Xpress-MP software to implement and validate the proposed model. For the tested instances the application of the model allowed a reduction in overtime from 38% to 84%

Análise da atividade de trabalho profissional de gerentes de hotel à luz da abordagem da ergonomia

This Masters degree dissertation presents a research that aims at analyzing the activities regarding within a hotel managers work in Natal/RN - Brazil, This Masters degree dissertation presents the research that aims at analyzing the activities regarding the hotel managers work in Natal / RN - Brazil, performing diagnosis of their activities and relating the aspects that impact the quality and productivity of hotel services and managers occupational health. This research is characterized as a case study with a qualitative approach, taking the method of Ergonomic Work Analysis which is the analysis of the managers work activity as a reference to the focus; and combining the use of observational and interactional methods. Ergonomics and macroergonomics are used in this study not only to understand the physical, cognitive and organizational constraints of the manager s duties, but also to characterize the work organizational architecture and design of that hotel. High workload, accumulation of tasks and diversion of functions performed by managers were noticed, increasing thereby the physical and psychological suffering for them. It was found that the activity of managers is characterized by the ambivalence of power, limited autonomy, cooperation, interdependence between managers and the fear of incompetence. It was also noticed that managers devote more time to the day job (37%), another time to sleep (30%), while only 33% of the rest of the day are meant for activities like taking care of health, family, social life and study. Although there are few studies addressing the health and safety of hotel managers, this research revealed that 84% of the surveyed hotel managers complain of musculoskeletal pain which 50% are obese and are 100% sedentary. It was also observed that managers adopt unsuitable postures for carrying out the work activities that contribute to becoming injured or work-related musculoskeletal disorders in the near future. Ergonomic measures were recommended as an investment in the skills and the training of managers, encouraging cooperative work, appropriateness of workload, limiting overtime, preserving the enjoyment of breaks during work and weekly holidays, changing the layout of the work sector , usage of communication technology to prevent displacement, compensatory physical activities, furniture adaptation, among others

Indicadores associados a acidentes de trânsito envolvendo motoristas de ônibus da cidade de Natal

The purpose of this study was to investigate indicators of urban bus drivers involvement in transit accidents. We analyzed their involvement in accidents in relation to several indicators suggested by the literature, including the temporal dimension of those bus drivers, as expressed in Zimbardo's Time Perspective Inventory (ZTPI), for previous studies have shown that people more present time oriented revealed greater tendency to engage in risk driving. A questionnaire was applied to 457 bus drivers of the city of Natal, RN, Brazil, with questions about participants socio-demographic information, their professional performance and items on time perspective, presented in a five points Likert type scale. Among the indicators analyzed, the best predictors of traffic accidents were: worried about not being on schedule, family problems, and falling asleep; to work overtime, passengers complaints, work while on vacations and medical leaves. In regard to drivers' time perspective, the sub-scale of "combined present" showed a positive relationship with involvement in transit accidents, while the future scale a negative one, in both cases in accordance with the expect direction, even though the effects have not been statistically significant. The selected predictive variable indicate that traffic accidents are mainly associated to situational factors, that could be prevented through the betterment of work conditions of the bus drivers and other organizational and public policies, since transit accidents should be part of initiatives in the areas of health and safety

Ecossocialismo: a gênese de uma ecologia social em assentamentos de reforma agrária a partir dos movimentos sociais do campo

The world`s ecology crisis has in the capitalism way of production one of the possible causes. The unstopped search for the profits, into unlimited exploration of limited resources, made a huge transformation in human relationships with the nature, causing environment devastation, shortage of resources and species disappearance. Arises the necessity of question the society model that we are and which brings this crisis state, while we are impelled to search an alternative way. The ecosociallist praxis blows marxist principles with ecological matters, bringing important contributions regarding alternatives to capital/exploratory modus, advocating for a social fair society and environmentally sustainable. This way, by bibliographic review, we will research about this theory which have been growing in academic middles. In the same way, we will analyze the rural social movements paper in the construct of this reality. Throut the half estruture interviwes, bibliografic research and visities in the space of settlement called Moacir Lucena, that is today a exemple of rural resignification

Universalização do acesso à saúde e regulação dos planos privados de assistência à saúde: a atuação regulatória da ANS como instrumento de harmonia contratual e viabilização do papel suplementar da iniciativa privada na efetivação do direito social à saúde

While essential to human nature, health and life have been protected since ancient times by various areas of knowledge, particularly by the Law, given its dynamics within the regulation of social interactions. In Brazil, health has been granted major importance by the Federal Constitution of 1988, which, disrupting the dictatorial authoritarianism, inaugurating a Social State and focusing on the values of freedom and human dignity, raises health to the condition of a social right, marked predominantly by an obligational bias directed, primarily, to the State, through the enforcement of public policies. Although, given the limitation of the State action to the reserve for contingencies, it turns clear that an universalizing access to public health is impossible, seen that the high cost of medical provisions hinders the State to meet all the health needs of the rightholders. As a result of the inefficiency of the State, the effort of the Constituent Assembly of 1988 in creating a hybrid health system becomes nuclear, which, marked by the possibility of exploration of healthcare by the private initiative, assigns to the private enterprise a key role in supplementing the public health system, especially through the offer of health insurance plans. At this point, however, it becomes clear that health provisions rendered by the private agents are not unlimited, which involves discussions about services and procedures that should be excluded from the contractual coverage, for purposes of sectoral balance, situation which draws the indispensability of deliberations between Fundamental Rights on one hand, related to the protection of health and life, and contractual principles on the other hand, connected to the primacy of private autonomy. At this point, the importance of the regulation undertaken by the ANS, Brazilian National Health Agency, appears primordial, which, by means of its seized broad functions, considerable autonomy and technical discretion, has conditions to implement an effective control towards the harmonization of the regulatory triangle, the stability and development of the supplementary health system and, consequently, towards the universalization of the right to health, within constitutional contours. According to this, the present essay, resorting to a broad legislative, doctrinal and jurisprudential study, concludes that economic regulation over the private healthcare sector, when legitimately undertaken, provides progress and stability to the intervening segment and, besides, turns healthcare universalization feasible, in a way that it can not be replaced efficiently by any other State function.

Investigações sobre técnicas de arquivamento para otimizadores multiobjetivo

Multi-objective problems may have many optimal solutions, which together form the Pareto optimal set. A class of heuristic algorithms for those problems, in this work called optimizers, produces approximations of this optimal set. The approximation set kept by the optmizer may be limited or unlimited. The benefit of using an unlimited archive is to guarantee that all the nondominated solutions generated in the process will be saved. However, due to the large number of solutions that can be generated, to keep an archive and compare frequently new solutions to the stored ones may demand a high computational cost. The alternative is to use a limited archive. The problem that emerges from this situation is the need of discarding nondominated solutions when the archive is full. Some techniques were proposed to handle this problem, but investigations show that none of them can surely prevent the deterioration of the archives. This work investigates a technique to be used together with the previously proposed ideas in the literature to deal with limited archives. The technique consists on keeping discarded solutions in a secondary archive, and periodically recycle these solutions, bringing them back to the optimization. Three methods of recycling are presented. In order to verify if these ideas are capable to improve the archive content during the optimization, they were implemented together with other techniques from the literature. An computational experiment with NSGA-II, SPEA2, PAES, MOEA/D and NSGA-III algorithms, applied to many classes of problems is presented. The potential and the difficulties of the proposed techniques are evaluated based on statistical tests.

Investigações sobre técnicas de arquivamento para otimizadores multiobjetivo

Multi-objective problems may have many optimal solutions, which together form the Pareto optimal set. A class of heuristic algorithms for those problems, in this work called optimizers, produces approximations of this optimal set. The approximation set kept by the optmizer may be limited or unlimited. The benefit of using an unlimited archive is to guarantee that all the nondominated solutions generated in the process will be saved. However, due to the large number of solutions that can be generated, to keep an archive and compare frequently new solutions to the stored ones may demand a high computational cost. The alternative is to use a limited archive. The problem that emerges from this situation is the need of discarding nondominated solutions when the archive is full. Some techniques were proposed to handle this problem, but investigations show that none of them can surely prevent the deterioration of the archives. This work investigates a technique to be used together with the previously proposed ideas in the literature to deal with limited archives. The technique consists on keeping discarded solutions in a secondary archive, and periodically recycle these solutions, bringing them back to the optimization. Three methods of recycling are presented. In order to verify if these ideas are capable to improve the archive content during the optimization, they were implemented together with other techniques from the literature. An computational experiment with NSGA-II, SPEA2, PAES, MOEA/D and NSGA-III algorithms, applied to many classes of problems is presented. The potential and the difficulties of the proposed techniques are evaluated based on statistical tests.