Ne bis in idem: limites jurídico-constitucionais à persecução penal

This legal research aims to demonstrate the prohibition in the Brazilian criminal system of a multiple imputation for the same fact in a simultaneous or successive way. For that it is developed a different idea of the subject. Through comparative, eletronic and bibliographical researches, the dissertation was accomplished in a way to establish the content of the foundations of the criminal procedural emphasizing as fundamental premise the values of the Constitution. In the first section it was demonstrated the limits of the theme and the objective of the research. After that, it was analyzed the basic function of the criminal suit which has the important mission of limiting state's punitive power. In the same way, the criminal procedure corresponds to a warranty of the citizens' freedom. In the same section, it is shown how it is possible to abandon the myth of the real truth in the criminal law system. In the third section of the research, there were pointed elements and definitions about the cognition object, specially the litigious object or "thema decidendum", and also the peculiarities of the judged cases. In the fourth section the subject about origins and evolution of the criminal procedure and its objectives in the legal system is developed to demonstrate its perspectives. Some aspects of the identity's concept of the presupposition of the facts are as well demonstrated in order to relate the theme to the prohibition of multiple imputation. There are also considerations about some other important aspects as the incidence of the legal rules and the possible change on the elements of the penal type. There are several comments about legal procedural in other legal systems comparing them to Brazilian's most elevated Courts. In the end it was systematized the limits to criminal imputation, emphasizing the defende's right as a foundation of the legal system. Is was registered that the ius persequendi can be exercised once

A crítica hegeliana do entendimento e a perspectiva da razão

The aim of this work is to present the critic of Hegel to the form of thinking of the Understanding (Verstand) and the perspective of a new concept of Reason (Vernunft) or rationality that then appears, and this tends as base the three moments of the logical process (the moment of the Understanding, Dialectical and the Speculative) presented by Hegel in the Encyclopedia of the Philosophical Sciences. It will be shown that this critic is done immanent to the own philosophy of Hegel, because the Understanding is so much the object of the critic, as one of the moments that constitute the own process logical-dialectic (method dialectic) that defines the rationality hegelian. Starting from that insert of the Understanding in the own Reason, we will see that the critic of Hegel won't just feel in a destructive way, in a such way that the Understanding totally goes denied, but before it will elevate this same Understanding at the level of the Reason speculative, removing like this your assumed place of absolute university of the truth and pointing it in your true place.

Um olhar sobre o cotidiano e as re-definições espaciais no Bairro Potengi, Natal/RN

This work aims to conduct an analysis on the production of space and the dynamics between social agents that act and interact, albeit in different ways, in the production and re-production space in the Neighborhood Potengi in Natal, Rio Grande do Norte. The neighborhood is undergoing a process of dynamism undeniable and has a daily marked by heterogeneity, especially as a neighborhood in transition. So your analysis, from the perspective of the dialectical method, contributes to the understanding of the production space can be analyzed through the study of the forms and content, and may contribute to its real apprehension. After all, the city reflects forms, assumes functions, features and content that dynamic influences and is influenced by human relationships. Thus, this research seeks to analyze the production of space, based on the observation and study of the rich daily life of different social agents that operate within concrete quoted

Hermenêutica constitucional: neoconstitucionalismo e mitologia jurídica no automatismo do juiz

Elabora-se estudo de hermenêutica constitucional que envolve neoconstitucionalismo e estruturas míticas da realidade jurídica em face do automatismo judicial. Utiliza-se de método dialético em estudo teórico-descritivo de base documental. Busca analisar se há relação entre mitos jurídicos e automatismo do juiz na interpretação constitucional, bem como procura identificar se a mitificação do direito e o automatismo judicial influenciam o exercício da jurisdição pelo magistrado. Constata-se que há diferença entre interpretação constitucional e interpretação da Constituição, bem como que inexiste especificidade da interpretação constitucional em relação à interpretação jurídica. Comprova-se que os marcos histórico, filosófico e teórico do neoconstitucionalismo perdem seu sentido quando submetidos a apreciação crítica. Demonstra-se que a realidade jurídica decorre de processo mítico, no sentido de uma representação da realidade através da verdade compartilhada na crença e disseminada nos mitos, tal qual ocorre nos mitos da força normativa da constituição e do sentimento constitucional. Identifica-se a relação implicação recíproca entre mitos jurídicos e automatismo do juiz, além de verificar que o maagistrado atua no automático não apenas quando se conforma em ser o juiz boca da lei, mas também quando torna-se juiz boca do juízo, quer do juízo pessoal subjetivo, quer do juízo Institucional do Judiciário. Verifica-se que, uma das nuanças dos mitos está na representação de uma construção social compartilhada que descreve a realidade cultural circundante através das normas jurídicas e, nesse sentido, os mitos jurídicos são histórias com fundamento em verdades que merecem confiança, mas que, por outro lado, há mitos que atuam contra a normatividade positivada, como o mito do neoconstitucionalismo. Conclui-se que é imprescindível ao magistrado perceber que trabalha com mitos, compreender o processo de atuação e difusão dos mitos, e atuar de forma comprometida com sua atividade em benefício da sociedade, evitando incidir em automatismos de pensamento e ação, haja vista que o constitucionalismo é síntese de mudança (para adequar-se ao tempo vivencial) e permanência (para salvaguardar seu núcleo primordial) e precisa de um magistrado em estado de vigília para operar adequadamente a perspectiva de um direto de Estado democrático.

O objetivo constitucional de desenvolvimento e o instrumento jurídico-normativo do conteúdo local na indústria petrolífera

On the petroleum industry, the State developed the Local Content police as a regulatory action to guarantee the preference of the national supply industry. Observing that, this paper will analyze the Local Content police aware of the constitutional goal of development as wright in the Constituição Federal de 1988. For it, will be used the hypothetical-deductive method for identifying the Local Content police as State strategy of development turn it in the object of critics in a dialectic way of thinking to in the final, present a conclusion about the police. As result was saw that the existent structure of the police at Brazil is inefficient, claiming for a rebuilt. For conclusion, is said that because of the inadequate construction of the Local Content police created inside of the Agência Nacional do Petróleo – ANP, the efficiency of the full potential of the police is been stopped, something that can be only corrected although a re-make of the police

Da voz que cala ao corpo que fala: o assédio moral no ambiente de trabalho como desafio para o serviço social

The changes ocurred in the world of capitalist labor, especially from the last decades of the 20th century, accentuated the process of manipulation and domination of the working class, materialized mainly through naturalization and / or trivialization of violence, conducted in the work environment. From this process, emerge the elements of bullying, that is, the embarrassing and humiliating practices which extend through time, degrading human race, and becoming fruitful object for study, debate and the intervention of the professionals of the Social Service area. Thus, we assume the perspective of analyzing the concepts and the work of social workers, whom work at people management area before the bullying in the workplace. We propose the following objectives: apprehend the settings of bullying, in the contemporary context of competitiveness and flexibility of work, as well as its implications for workers' health; characterize the background of this expression of violence at work in the municipality of Natal- RN; and analyze the powers and duties of the social worker in the process of prevention, identification and addressing of bullying in the context of work. This study consisted of a qualitative approach, based on the dialectical-critical method as soon as we adopt methodological procedures such as: theoretical knowledge, documental and field research, and performed using semi-structured interviews. The subjects of this research were nine (09) the Social Service professionals working in personnel management area, in five (5) institutions with legal and branches of different activities, located in Natal-RN. Even interviewed one (01) representative of the Public Ministry of Rio Grande do Norte Office (MPT-RN). The findings of this analysis indicate that bullying is a contemporary expression of "social question", which is presented as a demand for the Social-assistants – covered up and / or camuflage – under the guise of problems related to workers' health or mere conflicts of interpersonal relationships, that is, without any causal connection with the organization of work. The fear of losing job, not to be inserted in the labor market, and / or suffering reprisals, deepens the subject levels of the victims of bullying. Hence the importance of Social Workers are capable to understand the social reality, by preventing and combating the elements of bullying.

Sistema supervisório para o método de elevação plunger lift

SOARES, Lennedy C. ; MEDEIROS, Adelardo A. D. de ; PROTASIO, Alan D. D. ; BOLONHINI, Edson H. Sistema supervisório para o método de elevação plunger lift. In: CONGRESSO BRASILEIRO DE PESQUISA E DESENVOLVIMENTO EM PETRÓLEO E GÁS, 5., Fortaleza, CE, 2009. Anais...Fortaleza: CBPDPetro, 2009.

Método mãe-canguru: vivência de mães no alojamento conjunto

DAVIM, Rejane Marie Barbosa;ENDERS, Bertha Cruz; DANTAS, Janmilli da Costa; SILVA, Richardson Augusto Rosendo da; NÓBREGA, Edualeide Jeane Pereira Bulhões da. Método mãe-canguru: vivência de mães no alojamento conjunto. Revista da Rede de Enfermagem do Nordeste, Fortaleza, v. 10, n. 1, p. 37-44, jan./mar.2009.

Auditoria de inteligência: um método para o diagnóstico de sistemas de inteligência competitiva e organizacional

CARVALHO, Andréa Vasconcelos ; ESTEBAN NAVARRO, Miguel Ángel. . Auditoria de Inteligência: um método para o diagnóstico de sistemas de inteligência competitiva e organizacional. In: XI ENANCIB - Encontro Nacional de Pesquisa em Ciência da Informação, 2010, Rio de Janeiro. Anais do XI ENANCIB. Rio de Janeiro: ANCIB, 2010.

Proposta de método para avaliação do desempenho térmico de residências unifamiliares em clima quente e úmido

Nowadays, evaluation methods to measure thermal performance of buildings have been developed in order to improve thermal comfort in buildings and reduce the use of energy with active cooling and heating systems. However, in developed countries, the criteria used in rating systems to asses the thermal and energy performance of buildings have demonstrated some limitations when applied to naturally ventilated building in tropical climates. The present research has as its main objective to propose a method to evaluate the thermal performance of low-rise residential buildings in warm humid climates, through computational simulation. The method was developed in order to conceive a suitable rating system for the athermal performance assessment of such buildings using as criteria the indoor air temperature and a thermal comfort adaptive model. The research made use of the software VisualDOE 4.1 in two simulations runs of a base case modeled for two basic types of occupancies: living room and bedroom. In the first simulation run, sensitive analyses were made to identify the variables with the higher impact over the cases´ thermal performance. Besides that, the results also allowed the formulation of design recommendations to warm humid climates toward an improvement on the thermal performance of residential building in similar situations. The results of the second simulation run was used to identify the named Thermal Performance Spectrum (TPS) of both occupancies types, which reflect the variations on the thermal performance considering the local climate, building typology, chosen construction material and studied occupancies. This analysis generates an index named IDTR Thermal Performance Resultant Index, which was configured as a thermal performance rating system. It correlates the thermal performance with the number of hours that the indoor air temperature was on each of the six thermal comfort bands pre-defined that received weights to measure the discomfort intensity. The use of this rating system showed to be appropriated when used in one of the simulated cases, presenting advantages in relation to other evaluation methods and becoming a tool for the understanding of building thermal behavior

Obtenção de nanopartículas de hexaferrita de bário pelo método pechini

In this study barium hexaferrite was (general formulae BaFe12O19) was synthesized by the Pechini method under different conditions of heat treatment. Precursors like barium carbonate and iron nitrate were used. These magnetic ceramic, with magnetoplumbite type structure, are widely used as permanent magnet because of its excellent magnetic properties, such as: high Curie temperature, good magnetic anisotropy, high coercivity and corrosion resistance. The samples were characterized by thermal analysis (DTA and TG), X- ray Diffraction (XRD), Fourier transform infrared spectroscopy (FTIR), Scanning Electron Microscopy (SEM) end Vibrating sample Magnetometer (VSM). The results confirm the expected phase, which was reinforced according to our analysis. A single phase powder at relatively high temperatures with particle sizes around 100 nm was obtained. The characteristic magnetic behavior one of the phases has been noted (probably superparamagnetic material), while another phase was identified as a ferrimagnetic material. The ferrimagnetic phase showed vortex configuration with two central and slightly inclined plateaus. In general, increase of heat treatment temperature and time, directly influenced the technological properties of the samples

Síntese, estudo cinético e análise microestrutural do sistema cério-níquel obtido pelo método pechini

The cerium oxide has a high potential for use in removing pollutants after combustion, removal of organic matter in waste water and the fuel-cell technology. The nickel oxide is an attractive material due to its excellent chemical stability and their optical properties, electrical and magnetic. In this work, CeO2-NiO- systems on molars reasons 1:1(I), 1:2(II) e 1:3(III) metal-citric acid were synthesized using the Pechini method. We used techniques of TG / DTG and ATD to monitor the degradation process of organic matter to the formation of the oxide. By thermogravimetric analysis and applying the dynamic method proposed by Coats-Redfern, it was possible to study the reactions of thermal decomposition in order to propose the possible mechanism by which the reaction takes place, as well as the determination of kinetic parameters as activation energy, Ea, pre-exponential factor and parameters of activation. It was observed that both variables exert a significant influence on the formation of complex polymeric precursor. The model that best fitted the experimental data in the dynamic mode was R3, which consists of nuclear growth, which formed the nuclei grow to a continuous reaction interface, it proposes a spherical symmetry (order 2 / 3). The values of enthalpy of activation of the system showed that the reaction in the state of transition is exothermic. The variables of composition, together with the variable temperature of calcination were studied by different techniques such as XRD, IV and SEM. Also a study was conducted microstructure by the Rietveld method, the calculation routine was developed to run the package program FullProf Suite, and analyzed by pseudo-Voigt function. It was found that the molar ratio of variable metal-citric acid in the system CeO2-NiO (I), (II), (III) has strong influence on the microstructural properties, size of crystallites and microstrain network, and can be used to control these properties

Obtenção e caracterização de dióxido de estanho nanoestruturado pelo método de síntese contínua por combustão em solução

Continuous Synthesis by Solution Combustion was employed in this work aiming to obtain tin dioxide nanostructured. Basically, a precursor solution is prepared and then be atomized and sprayed into the flame, where its combustion occurs, leading to the formation of particles. This is a recent technique that shows an enormous potential in oxides deposition, mainly by the low cost of equipment and precursors employed. The tin dioxide (SnO2) nanostructured has been widely used in various applications, especially as gas sensors and varistors. In the case of sensors based on semiconducting ceramics, where surface reactions are responsible for the detection of gases, the importance of surface area and particle size is even greater. The preference for a nanostructured material is based on its significant increase in surface area compared to conventional microcrystalline powders and small particle size, which may benefit certain properties such as high electrical conductivity, high thermal stability, mechanical and chemical. In this work, were employed as precursor solution tin chloride dehydrate diluted in anhydrous ethyl alcohol. Were utilized molar ratio chloride/solvent of 0,75 with the purpose of investigate its influence in the microstructure of produced powder. The solution precursor flux was 3 mL/min. Analysis with X-ray diffraction appointed that a solution precursor with molar ratio chloride/solvent of 0,75 leads to crystalline powder with single phase and all peaks are attributed to phase SnO2. Parameters as distance from the flame with atomizer distance from the capture system with the pilot, molar ratio and solution flux doesn t affect the presence of tin dioxide in the produced powder. In the characterization of the obtained powder techniques were used as thermogravimetric (TGA) and thermodiferential analysis (DTA), particle size by laser diffraction (GDL), crystallographic analysis by X-ray diffraction (XRD), morphology by scanning electron microscopy (SEM), transmission electron microscopy (TEM), specific surface area (BET) and electrical conductivity analysis. The techniques used revealed that the SnO2 exhibits behavior of a semiconductor material, and a potentially promising material for application as varistor and sensor systems for gas

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

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

Caracterização microestrutural e elétrica de La(FexNi1-x)O3 sintetizado pelo método da gelatina

The present work deals with the synthesis of materials with perovskite structure with the intention of using them as cathodes in fuel cells SOFC type. The perovskite type materials were obtained by chemical synthesis method, using gelatin as the substituent of citric acid and ethylene glycol, and polymerizing acting as chelating agent. The materials were characterized by X-ray diffraction, thermal analysis, spectroscopy Fourier transform infrared, scanning electron microscopy with EDS, surface area determination by the BET method and Term Reduction Program, TPR. The compounds were also characterized by electrical conductivity for the purpose of observing the possible application of this material as a cathode for fuel cells, solid oxide SOFC. The method using gelatin and polymerizing chelating agent for the preparation of materials with the perovskite structure allows the synthesis of crystalline materials and homogeneous. The results demonstrate that the route adopted to obtain materials were effective. The distorted perovskite structure have obtained the type orthorhombic and rhombohedral; important for fuel cell cathodes. The presentation material properties required of a candidate cathode materials for fuel cells. XRD analysis contacted by the distortion of the structures of the synthesized materials. The analyzes show that the electrical conductivity obtained materials have the potential to act as a cell to the cathode of solid oxide fuel, allowing to infer an order of values for the electrical conductivities of perovskites where LaFeO3 < LaNiO3 < LaNi0,5Fe0,5O3. It can be concluded that the activity of these perovskites is due to the presence of structural defects generated that depend on the method of synthesis and the subsequent heat treatment