14 resultados para minor civil dispute proceeding in magistrates court

em Universidade Federal do Rio Grande do Norte(UFRN)


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The relation between State and civil society is not a very recent discussion, but it does not mean that debate is exhausted, since is in the historical context that the novelty is seized. Thinking like this, we may analyze how the relation between state and civil society happened in Acre during the decade of 1970. But, to understand how this relation is established in faraway Acre, we have available to the reader historical analyses, in a tireless attempt to clarify minimally aspects that characterize acreana society. To do this, we take on as a departure point, in general not differentiating of the given structure at national level, the conformation of this society was guided in a passive revolution, in another way, by high transformismo, relegating to the civil society, which is incipient, pífia a simple participation in the hegemonic policy direction. All this brings us to the thought that both state bureaucracy structure and the civil society organization, were influenced decisively for a traditional political elite. In addition, we begin the work with the lifting bibliographic reference searching and then we analyze the empirical reality, such as newspapers, official media publications and private, a few documents and last, interviews with political actors associated with the process consolidation of civil society in the 1970 decade. The interviewees were selected, firstly for their location in the region, and for their outstanding contribution to the consolidating process of recent Acre history. Thus, the interviews followed up on a semi-structured way, leading up, also, for the informations that the interviewees would have to pass on. The systematization and analysis of these surveys have shown us that, in the period before of the Acre Federal State lifting had, of course, a transformismo by high, but at 1970decade, the society with a more heterogeneous social formation, is not allowed, or at least, organize itself, to counter a systematic imposition. Thus, the hegemonic area of dispute between State and civil society occurs from the "reconciliation" with the adoption of public policies that amenizasse the dispute between both spheres, and to build up some bodies, settling a acreana civil society.

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This work aims to study the performance of Juizados Especiais Fedrais (JEF) in Rio Grande do Norte and its contribution to the facilitation of access to justice by ordinary citizens. Created in 2001, the JEF looks simplify and reduce the procedural steps and reduce the number of appeals referred to the courts so that justice is possible to provide a more agile. In this sense, are designed to contribute to the democratization of access to justice. In Rio Grande do Norte, the JEF was established and began operating in January 2002, serving in causes civil pension. From 2005, the Court began to receive all types of civil cases and have a virtual system of processing of cases. Among the methodological procedures used in conducting research, highlight the documentary survey in the virtual site of the Federal Justice of RN, to obtain data on the shares tried and sentenced in the years 2005, 2006 and 2007, using the quantitative research. Were also conducted interviews with federal judges, using the qualitative research method. Among the results, we conclude that the Juizado Especial Federal in Rio Grande do Norte is complying with its objective of making justice more accessible and responsive to ordinary citizens, especially the short time that an action leads to the entry in the Court to be given the sentence

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The current study is about the legitimacy of lower court jurisdiction as a way of exercising basic legal rights, proposing, therefore, a new legal-administrative model for appellate court. In order to achieve that, a demonstration of the importance of basic legal rights in the Brazilian legal system and an open interpretation in light of the Constitution, as a way to affirm said rights, among which are accessibility to the justice system and proper legal protection, is required. As a result, the legitimacy to access the legal system resides in the Constitution, where the interpreter should seek its basic principles to achieve basic legal rights. It is observed that the lack of credibility regarding lower court decisions comes from the dogmatic view of truth born from power, and therefore, that the truth resides in decisions from appellate court and not from lower court judges. A lower court judge holds a privileged position in providing basic legal rights for citizens, considering his close contact to the parties, the facts, and the evidences brought forth. Class action suit is presented as an important instrument able to lead the lower court judge to provide basic legal rights. Small Claims Courts may be used as paradigm to the creation of Appellate State Courts formed by lower court judges, reserving to higher jurisdiction courts and Federal Circuit Courts, the decisions of original competency and the management and institutional representation of the judiciary system. Instilling an internal democratization of the judiciary is also required, which means the participation of lower court judges in electing their peers to chief positions in the court system, as well as establishing a limited mandate to higher court judges.

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This study board the FUNDEF social control council implementation in Parnamirim/RN city, concerning their representatives participation in the accompaniment (decision power) in resort, in front of governmental politics of decentralization, unleashed in 90´s, seen in decentralization process needs the society participation in decisions of educative institutions and represent an efficient way of solve the problems difficult the educational management actions. For this, the council creation of Brazil manager configure, since the 80´s, detaching, and the single characterizing, in actual context. The objective is raise pertinent questions of thematic of representatives members participation of collegiate organs, evidencing the decision power of these, in public resource control. The theory-methodological referential the literature treat the participation and power decision of FUNDEF social control decision, such as politics directrix that rules this council. It utilizes as proceeding of collecting data the semi-structured interview and analyze of meeting register to understand the empirics of council implantation in this city, in view of that the electoral process configured in 2003, showed as a innovation, because the counselor is indicated by the local public power representatives (in this case the education municipal secretary). The research result show the representatives have difficult, to accompany the FUNDEF resources amount, particularly in concern in the financial resources (ratio) over plus. Finally, emphasize the importance of democratization in the relations between the state and civil society, elucidating and exciting reflections a: democratic participation in control of public recourses for education, educational management and civil society mobilization in access of public and cultural cash which the citizen has rights

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The environmental impacts, caused by the solid residues generation, are an often quoted concern nowadays. Some of these residues, which are originated from different human activities, can be fully reused, reducing the effects of the poor waste management on the environment. During the salt production process, the first formed crystals are discarded as industrial waste. This is mainly made of gypsum that is a calcium sulfate dihydrate (CaSO4.2H2O). The gypsum in question may go through a calcination process due to the plaster (CaSO4.0,5H2O) production and then the application on the cement industry. Considering the necessity of development and application for these industrial wastes, this paper aims to analyze the plaster, called Salgesso, from the gypsum that was generated during the salt production, and its use viability on the civil construction industry in order to create environmental and economical benefits. For characterization, the following experiments were performed: X-ray Fluorescence (XRF), X-ray Diffraction (XRD), thermal analysis (TG/DTG) and Scanning Electron Microscopy (SEM) with EDS. The following tests were also performed to obtain the mechanical characteristics: Thinness Modulus, Unit Mass, Setting Time and Compressive Resistance. Three commercial plasters used on civil construction were taken as references. All of these tests were performed according to the current standards. It was noticed that although there were some conflicting findings between the salt and commercial plasters in all of the studied properties, the Salgesso has its values within the standard limits. However, there is the possibility to improve them by doing a more effective calcination process. Three commercial plasters, used in construction, were used as reference material. All tests were performed according to standards in force. It was observed that although some tests present conflicting findings between the salt and gypsum plasters commercial properties in all of the studied Salgesso have values within the limits imposed by the standard, but can be improved simply by calcination process more effective

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Lithiasis is considered a public health issue due to its high prevalence and rates of recurrence. Objective: To identify risk factors for lithiasis in kidney stone patients from Fortaleza, Brazil. In the first stage of the study, the medical records of 197 patients with urinary lithiasis covering the period 1996 2006 were analyzed with regard to clinical and metabolic data. In the second stage, 340 kidney stones were submitted to morphological examination under 10x magnification. According to the external morphology and the cut surface, the stones were classified as pure or mixed, and major and minor components were identified. In addition, the stone fragments of 25 patients treated with lithotripsy were submitted to morphological analysis. In the third stage, a subsample of 50 stones was used in a double-blind comparison of morphological and chemical findings. Results were expressed as concordant, partly concordant (discordant for minor components) or discordant (discordant for major components). The average age of first symptoms was 35.8±13.3 years, with no significant difference between the genders. The male/female ratio was 1:1.7. Recurrence was reported in 53.3% of cases. The main metabolic changes observed were hypernatriuria (80.7%), hypercalciuria (48.7%), low urine volume (43.7%), hyperoxaluria (30.5%) and hyperuricosuria (17.3%). Pure stones represented 34.7% of the total sample of 340 stones. The most common route of elimination was spontaneous for pure stones (49.1%) and surgical for mixed stones (50.5%). Pure stones consisted most frequently of calcium oxalate (OxCa) (59.3%) and uric acid (UA) (23.7%), the former prevalent in women, the latter prevalent in men. The most frequently observed component in mixed stones was OxCa (67.1%), followed by carbapatite (11.2%) and struvite (7.9%). The main components were OxCa and UA for men, and carbapatite and struvite for women. Nearly half (48%) the 25 analyzed fragments were pure, consisting of calcium oxalate dihydrate (COD) (56%), calcium oxalate monohydrate (COM) (48%), phosphate (32%) and UA (20%). Four patients (16%) had infectious stones. In the chemical analysis of the subsample of 50 stones, the most 64 frequently observed major components were calcium (70%), oxalate (66%), ammonium (56%), urate (28%) and carbonate (24%). In the morphological analysis, the main components were calcium and magnesium phosphate (32%), COM (24%), UA (20%), COD (18%) and cystine (6%). Morphological and chemical findings were totally concordant for 38% of the stones, partly concordant in 52% and discordant in 10%. Conclusion: The risk factors for lithiasis in kidney stone patients from Fortaleza (Brazil) were hyperoxaluria, hypercalciuria with or without hypernatriuria, hyperuricosuria and low urine volume

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Numerous studies discuss the issue of adolescent in conflict with the law from the adolescent that committed infraction or from his perceptions. Taking into account the importance of the family in the life of all subject in development, this study sought the look of the families about the infraction of their adolescents under socio-educative measures. For this purpose, semi-open interviews were conducted with 20 families, ten of the boys and equal number of the girls. The institutions where the measures are applied in Natal / RN gave space for most family members to be interviewed. The data collected were arranged in tables and analyzed qualitatively following the socio-historical perspective. The survey revealed that the meanings attributed to the time of conflict with the law of the adolescents differ between the boys families and the girls . Most of the boys families see the infraction as a consequence of the influence of bad company, as a minor provocative of changes in the family s relations, left justified in a context marked by violence. Now for most part of the girls families, the infraction is seen as their responsibility, as generator of transformations within the family both emotional and economic , and inaugurates a search movement for conflicts resolutions. Through the testimonies of these families, it became evident that there was a family reality structured also by a conflicting social, economic and community context. Thus, before there is an infraction that demarcates the conflict in adolescence, there is a family in conflict.

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This dissertation aims to identify and describe the phenomenon of discursive representation of victim and defendant in court judgment genre. Researchis part of general theoretical framework of text linguistics and more specifically in textual discourse analysis (ATD) theory developed by Jean-Michel Adam ([2008] 2011). Discursive representation notion proposed by ATD is one of the most important aspects of semantic dimension of the text, being complemented in the work of Grize (1990, 1996) from schematization notion. In this perspective, this work is guided by studies of text linguistics with Koch (2012, 2005, 2004), Marcuschi (2012, 2008, 2005), Rodrigues, Passeggi and Silva Neto (2010, 2012, 2014), with genre Bazerman (2005), Bakhtin (1992) and the juridical discourse with Capez (2012), Pimenta (2007), Lourenço (2013) and Gomes (2013) . Methodologically, is a documentary research, presenting qualitative and descriptive characters and is guided by the inductivedeductive method. Corpus consists of a judicial sentence, criminal, collected electronically from Court of Justice of São Paulo - Judiciary website in consultation Judged1st Degree, with the theme of violence against women. Analysis procedures use semantic categories of discursive representation, such as referencing, predication, modification and the spatial and temporal location. Results are focused on the construction of discursive representation of (victim and defendant) from PdV distinct enunciators, which may approach or distance themselves according to argumentative text orientation. Thus, considering social importance of forensic text and, in particular, court judgment in the lives of citizens, it was possible to realize the importance of developing research that addresses the study of text semantic dimension, especially in construction of representations of discourse objects

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The discovery that a spin-polarized current is capable of exerting a torque in a ferromagnetic material, through spin transfer, might provide the development of new technological devices that store information via the direction of magnetization. The reduction of current density to revert the magnetization is a primary issue to potential applications on non volatile random access memories (MRAM). We report a theorical study of the dipolar and shape effects on the critical current density for reversal of magnetization, via spin transfer torque (STT), on ferromagnetic nanoelements. The nanostructured system consists on a reference layer, in which the current will be spin-polarized, and a free layer of magnetization reversal. We observed considerable changes on the critical current density as a function of the element’s reversion layer thickness (t = 1.0 nm, 1.5 nm, 2.0 nm e 2.5 nm) and geometry (circular and elliptical), the material kind of the system free layer (Iron and Permalloy) and according to the orientation of the magnetization and the spin polarization with the major axis. We show that the critical current density may be reduced about 50% by reducing the Fe free layer thickness and around 75% when we change the saturation magnetization of circular nanoelements with 2.5 nm of thickness. We still observed a reduction as much as 90% on the current density of reversion for thin nanoelements magnetized along the minor axis direction, using in-plane spin polarization parallel to the magnetization.

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This study was developed in an area located on the outer shelf in the Potiguar Basin, Brazilian equatorial margin; this tropical shelf represents a modern, highly dynamic mixed carbonate-siliciclastic system. Field sampling was carried out during 3 cruises surrounding a shallow-water exploratory well to compare sediment properties of the seafloor, including grainsize, texture, mineral composition, carbonate content, and organic matter. Cruise 1 (C1) was carried prior to drilling, while Cruise 2(C2) and 3 (C3) respectivelly 3 and 12 months after drilling. The sample grid used had 16 stations located along 4 radials from 50 m the well up to a distance of 500 m. Sediments were analyzed in the first 0-2 cm, and 0-10 cm layers. The results show that sedimentary cover around the well is poor to very poorly sorted, with the particle size predominantly in the medium to coarse sand fraction, followed by gravel and mud. The content of calcium carbonate is greater than 96%, associated to bioclastic sediments, and the content of organic matter is less than 12%. Only minor sedimentological variations occured in the area affected by drilling operations. Mainly observed during the second cruise, in terms of a change in grain size distribution associated to an increase in siliciclastic content, This impact occurred in the most surficial sediment (0-2 cm), in the radial closest to the well (50 m), and could suggest the effects of drilling. However, in the third cruise, one year after drilling, the sediments return to show the same characteristics as in the first cruise. These results show no significant sedimentological variations due to drilling activity, and indicate that ocean dynamics in this area was high enough to recover the environment original characteristics.

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This study was developed in an area located on the outer shelf in the Potiguar Basin, Brazilian equatorial margin; this tropical shelf represents a modern, highly dynamic mixed carbonate-siliciclastic system. Field sampling was carried out during 3 cruises surrounding a shallow-water exploratory well to compare sediment properties of the seafloor, including grainsize, texture, mineral composition, carbonate content, and organic matter. Cruise 1 (C1) was carried prior to drilling, while Cruise 2(C2) and 3 (C3) respectivelly 3 and 12 months after drilling. The sample grid used had 16 stations located along 4 radials from 50 m the well up to a distance of 500 m. Sediments were analyzed in the first 0-2 cm, and 0-10 cm layers. The results show that sedimentary cover around the well is poor to very poorly sorted, with the particle size predominantly in the medium to coarse sand fraction, followed by gravel and mud. The content of calcium carbonate is greater than 96%, associated to bioclastic sediments, and the content of organic matter is less than 12%. Only minor sedimentological variations occured in the area affected by drilling operations. Mainly observed during the second cruise, in terms of a change in grain size distribution associated to an increase in siliciclastic content, This impact occurred in the most surficial sediment (0-2 cm), in the radial closest to the well (50 m), and could suggest the effects of drilling. However, in the third cruise, one year after drilling, the sediments return to show the same characteristics as in the first cruise. These results show no significant sedimentological variations due to drilling activity, and indicate that ocean dynamics in this area was high enough to recover the environment original characteristics.

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We studied in this dissertation the argumentation in the court judgment, which goal was to identify, describe and explain the running of argumentative operators in the argumentative orientation of text and discourse built through the text of the judgment. We support our research in the constructs adopted for the ATD – (Textual Analysis of the Discourses) - Adam (2011), in the studies about the Aristotle’s Rhetoric (1959) and Perelman and Olbrechts-Tyteca (1996) and other works such as of the Alves (2005), Capez (2008), Charaudeau (2012), Keller and Bastos (2015), Koch (2009; 2011), Rodrigues, Silva Neto and Passeggi (2010), Trubilhano and Henriques (2013). In a methodological way, we made use of deductive-inductive method, because we analyzed the argumentation in an "unknown" text - particular case - based on a theory already known (about language, text and argumentation). About the nature and objectives, our search was characterized as qualitatively and as an explanatory and descriptive investigation, with technical procedures of documental collection of Bibliographic Search. As corpus, we use a court judgment of character condemnatory, issued on September 10, 2014 and taken from the online site of the Federal Court of Rio Grande do Norte (JFRN). The results revealed that the argumentative operators exercised decisive roles in the organization of argumentative strategies of the text and the speech , guiding the announcer to the Desired conclusion by the enunciator. It was also possible to conclude that the use of argumentative operators allowed syllogistic constructions in the form of presentation of the arguments and in the construction of argumentation. In addition, operators like "but", "until", "already", "although" etc. helped to identify in the data's analysis the point of view (PoV) of the enunciator, the expectation break about the previous enunciate and / or the value scale given to the argument. Finally, with the use of argumentative operators the enunciator introduced arguments able to demonstrate/justify a thesis and refute an opposing thesis towards a conclusion sought by the own enunciator.

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We studied in this dissertation the argumentation in the court judgment, which goal was to identify, describe and explain the running of argumentative operators in the argumentative orientation of text and discourse built through the text of the judgment. We support our research in the constructs adopted for the ATD – (Textual Analysis of the Discourses) - Adam (2011), in the studies about the Aristotle’s Rhetoric (1959) and Perelman and Olbrechts-Tyteca (1996) and other works such as of the Alves (2005), Capez (2008), Charaudeau (2012), Keller and Bastos (2015), Koch (2009; 2011), Rodrigues, Silva Neto and Passeggi (2010), Trubilhano and Henriques (2013). In a methodological way, we made use of deductive-inductive method, because we analyzed the argumentation in an "unknown" text - particular case - based on a theory already known (about language, text and argumentation). About the nature and objectives, our search was characterized as qualitatively and as an explanatory and descriptive investigation, with technical procedures of documental collection of Bibliographic Search. As corpus, we use a court judgment of character condemnatory, issued on September 10, 2014 and taken from the online site of the Federal Court of Rio Grande do Norte (JFRN). The results revealed that the argumentative operators exercised decisive roles in the organization of argumentative strategies of the text and the speech , guiding the announcer to the Desired conclusion by the enunciator. It was also possible to conclude that the use of argumentative operators allowed syllogistic constructions in the form of presentation of the arguments and in the construction of argumentation. In addition, operators like "but", "until", "already", "although" etc. helped to identify in the data's analysis the point of view (PoV) of the enunciator, the expectation break about the previous enunciate and / or the value scale given to the argument. Finally, with the use of argumentative operators the enunciator introduced arguments able to demonstrate/justify a thesis and refute an opposing thesis towards a conclusion sought by the own enunciator.

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The environmental impacts, caused by the solid residues generation, are an often quoted concern nowadays. Some of these residues, which are originated from different human activities, can be fully reused, reducing the effects of the poor waste management on the environment. During the salt production process, the first formed crystals are discarded as industrial waste. This is mainly made of gypsum that is a calcium sulfate dihydrate (CaSO4.2H2O). The gypsum in question may go through a calcination process due to the plaster (CaSO4.0,5H2O) production and then the application on the cement industry. Considering the necessity of development and application for these industrial wastes, this paper aims to analyze the plaster, called Salgesso, from the gypsum that was generated during the salt production, and its use viability on the civil construction industry in order to create environmental and economical benefits. For characterization, the following experiments were performed: X-ray Fluorescence (XRF), X-ray Diffraction (XRD), thermal analysis (TG/DTG) and Scanning Electron Microscopy (SEM) with EDS. The following tests were also performed to obtain the mechanical characteristics: Thinness Modulus, Unit Mass, Setting Time and Compressive Resistance. Three commercial plasters used on civil construction were taken as references. All of these tests were performed according to the current standards. It was noticed that although there were some conflicting findings between the salt and commercial plasters in all of the studied properties, the Salgesso has its values within the standard limits. However, there is the possibility to improve them by doing a more effective calcination process. Three commercial plasters, used in construction, were used as reference material. All tests were performed according to standards in force. It was observed that although some tests present conflicting findings between the salt and gypsum plasters commercial properties in all of the studied Salgesso have values within the limits imposed by the standard, but can be improved simply by calcination process more effective