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

Dois testes de imageamento com GPR em problemas de controle ambiental em regiões tropicais: migração de dunas e localização de dutos de óleo enterrados

Because the penetration depth of Ground Penetrating Radar (GPR) signals is very limited in high conductive soils, the usefullness of this method in tropical regions is not yet completly known. The main objective of this researh is to test the usefullness of the method in Brazil. Two typical problems where GPR has been used in Europe and North American were choosed for this test: the first one is to characterize the internal structures of a sand body and the second problem is the localization of old buried pipes lines. The first test was done near the city of São Bento do Norte, in the northern coast of Rio Grande do Norte state, NE Brazil. In this region, there is a sand dune that is migrating very fast in the direction of adjacent settling areas. To characterize the internal structure of the dune and its relationship to the prevailing wind direction, as a preliminary step to understand the dune migration, GPR profiles using the 400 MHz frequency were performed in E-W, N-S, NE-SW, and SE-NW directions over the sand dune intersecting at the top of the dune. The practical resolution of the GPR data is around 30 cm; this was sufficient to distinguish individual foresets inside the dune. After applying the elevation correction to the data, we identified that dips of bedding structures are smallest for the N-S profile, which is perpendicular to the dominant wind direction, largest for the E-W profile, and intermediate for the SW-NE and SE-NW profiles. Foresets in the E-W profile dip with angles varying from 2 to 6 degrees. In the E-W profile, the water table and a horizontal truncation interface separating two generations of dunes were identified, as well as an abrupt directional change in the foreset patterns associated to a lateral contact between two dune generations, the older one extending to the west. The used high frequency of 400 Mhz does not allow a penetration deep enough to map completely these internal contacts. The second test was done near Estreito, a small town near Carnaúbais city, also in Rio Grande do Norte state. In this locality, there are several old pipe lines buried in area covered by plantations where digging should be minimized. Several GPR profiles using the 400 and 200 MHz frequency were performed trying to intercept perpendicularly the possible pipe lines. Because of the high conductivity of the soil, the raw original data can hardly be use to identify the pipe lines. However, after an adequate processing over the 200 MHz profiles, six pipe lines were identified. As a global result of the tests, GPR can be very usefull if the conductivity of the ground is low or, in the case of medium conductivities of the soils, if adequate processing is performed