O paradigma tecnológico e a revolução informacional: fundamentos da sociedade da informação

REGIS, Josiana Florencio Vieira; CAMPOS, Ana Celia Cavalcanti Fernandes. O paradigma tecnologico e a revoluçao informacional: fundamentos da sociedade da informaçao. In: CONGRESSO INTERNACIONAL EM SISTEMAS DE INFORMAÇAO E GESTAO DA TECNOLOGIA, 6., 2009. Sao Paulo. Anais eletronicos... Sao Paulo: FEA/USP, 2009. Trabalho oral.

Bibliotecas digitais de teses e dissertações brasileiras: paradigma do acesso livre à informação científica

A evolução da comunicação científica ao longo do tempo e o impacto causado pela A evolução da comunicação científica ao longo do tempo e o impacto causado pela A evolução da comunicação científica ao longo do tempo e o impacto causado pela se analisar as contribuições da Biblioteca Digital de Teses e Dissertações (BDTD)para a comunicação científica atual, destacando possibilidades emergentes e desafios a serem superados. Apresenta uma breve evolução da comunicação científica ao longo do tempo; discute os impactos causados pela Internet na comunicação, disponibilização e acessibilidade de informações técnico-científicas; e caracteriza BDTD destacando os desafios a serem superados. Dentre eles estão, a questão dos direitos autorais que ocasionam a baixa adesão dos autores ao projeto piloto do IBICT para disponibilizar teses e dissertações no meio eletrônico. Para este desafio, são apontadas sugestões.

Paradigma constitucional brasileiro da livre concorrência e da defesa do consumidor face às estruturas de poder no mercado

The Federal Constitution of 1988, when taking care of the economical order, denotes special concern in the abuses of the economical power and the disloyal competition. The mark to mediate of all this is, in fact, the defense and the consumer's protection, once this is final addressee of whatever if it puts at the consumption market. The coming of the Law 8.078/90, Code of Protection and Defense of the Consumer, inaugurates a time of effective concern with the homogeneous individual interests originating from of the consumption relationships. In this point, the focus of main to face of the present work lives, in other words, the protection of the right to the individual property, especially manifests in the exercise of the trade freedom that keeps direct relationship with the respective social function the one that is destined. The code of the consumer's defense doesn't just take care of this, but also of the other star of the relationships of the consumption. When affirming in the interruption VI of the art. 4th that the national politics of those relationships, finds ballast in the prohibition and repression efficient of all of the abuses committed in the consumption relationships, keeping inherent relationship-causality in the economical order, sculpted for the article 170 in the Constitution of 1988. In the generic plan, the mark of the present work is to question concerning the limits of the trade freedom and previsible collisions with protection norms and the consumer's defense, as well as factual convergences of those small systems, especially in what he/she refers to the innate interests to the suppliers. In the specific plan, we aspirated to identify the protection device-commands to the actors of the trade relationship, capable to guarantee the free competition in a global economy of market, seeking especially the Well-being, for soon afterwards, in an analytical perspective, to discover the possible applications that it holds the Federal Constitution, in headquarters of economical freedoms. It was observed that the consumer today doesn't need only of laws that their needs, fruit of the vulnerability that it is him/her meditate innate. He/she lacks, yes, of effective mechanisms that prevent lesions that can be them impinged by the suppliers at the time in that you/they are useful to repair the damages when happened, punishing the author of the damage

A concretização do princípio da igualdade em matéria tributária por meio de sentenças aditivas

This work aims to study the additive decisions, a type of juridical interpretation developed in foreign legal systems and which are known in Italy as adittive sentences. Thefore, this dissertation is based on theorical studies developed around the subject in Italy and Brazil. Considering the fact that the fundamental rights face a problem of implementation, being decreased its normative force when there are legislative partial omissions lacking constitutional justification creating privileges to certain individuals or social/economical groups over others, the method of additive interpretation according to the Constitution can be used in order to realize the principle of equality. In tax matters the subject is even more relevant in the way that it represents an important role in the economy. Partial legislative omissions can generate inequalities, favoring certain taxpayers in relation to others in similar legal situation. In these cases the privilege may have a negative impact on economic order restricting values related to the basis of market competition. On those occasions, Brazilian Judges and Courts must exercise their constitutional jurisdiction in order to expand the effects of the legislative omissions, based on the principle of equality by extending the standard to equal tax situations in order to maintain neutrality in taxation

Acesso à justiça enquanto direito fundamental: efetivação pela defensoria pública

The Federal Constitution of 1988 is recognized for its enlargement in the face of large amount of provisions that make it up, among which many are fundamental rights. The fundamental rules set up the foundation of a democratic state, however, are the necessary legal mechanisms to be effective, its exercise is not enough merely to state them, but to offer ways for them to stop being just written standard on paper, and come to be viewed and exercised day-to-day. In this sense, access to justice presents itself in our times, as a cornerstone for a just society dictates. In this light, access to justice can be seen as the most fundamental of rights, which translates as instruments able to safeguard the fundamental rights not only against the action/omission violating the state but also the very particular. Furthermore, access to justice within the legal country, is not right for everyone, despite the willingness of the Citizen Charter in its article 5, paragraph LXXIV, ensuring that the State shall provide full and free legal assistance to those in need. More than half of the population lives in poverty and can´t afford to pay legal fees or court costs as well as a bump in their own ignorance of their rights. The judiciary, in their primary function, is in charge of trying to correct the violation of the rights, intending to effect a true distributive justice, serving as a paradigm for the promotion of substantive equality of human beings, however, is difficult and tortuous access Justice for those without financial resources. In this vein, we present the Public Defender, as keeper of the masses in its institutional role, defending a disadvantage, in the words, as a mechanism for effective access to justice, ensuring therefore fundamental rights. Public Defenders arise at the time or much discussion highlights the priority of actual access to justice, custody, therefore, intimate bond with the pursuit of fundamental rights, in which, that advance the broad range of rights, without whom could defend them or guardianship them

Os crimes de mídia no paradigma democrático constitucional

The criminal responsibility of the media is analyzed when the criteria for production of news and events involving public safety are produced without considering the technical, legal and ethical practice of journalism in the media factors. Freedom of speech, expression of thought, necessary for professional qualifications and constitutional limits, reaching criminal constitutional principles and the possibilities of criminal liability for offenses practiced in the media are present as key factors legal dialogue in this work. The judgment of the Supreme Court on the unconstitutionality of Law nº. 5.250/67 called Media Law caused a gap in the national legal system, forcing the use of the criminal code to address issues that involve crimes produced in media professional performance. The presumption of innocence is ignored by the professional media during a police investigation where the information published does not respect, including constitutional guarantees: the right to privacy, honor and image. The right to information and the duty to inform media are worked in its constitutional aspect, considering that the same information should be produced is guided by the quality and guiding principles of truth. The constitutional concept of media is presented as information with the appropriate language of the news media, produced and disseminated through the vehicles of mass media, whether in print or digital platform. The presented model of the legal right to information is outlined from a constitutional hermeneutics, increasing the production of news as a result of the occupation of journalist in different news platforms, guaranteeing the quality of this prolific law. Under the Freedom of professional activity of the journalist, the constitutional limits are addressed in line with the reality of (non) regulation of their profession, considering the constitutional abuses committed in the exercise of that activity linked to communication fences. Jusphilosophic field reaches the limits of the duty of truth in journalism as a tool for spreading news, respect the audience and compatibility with the constitutional state. Using the conceptual and doctrinal aspects, this criminal offense is parsed from the journalistic practice and the publication of news involving public safety, with the hypothetical field consummation of that crime through the eventual intention. As a form of judgment against these crimes produced in honor media presents the court of the jury as a legitimate form of democratic decision

AI, LA, ALI e AQUI: gramaticalização de um paradigma emergente no domínio funcional da especificação nominal

In the light of the Functional Linguistic Theory, in its North-American version (HOPPER, 1987, 1991, 1998, 2008, 2010; GIVÓN, 2001; LEHMANN, 2002; HOPPER; TRAUGOTT, 2003; FURTADO DA CUNHA; OLIVEIRA; MARTELOTTA, 2003, among others), the general objective of this research is to demonstrate, based on morphosyntactic and semantic-pragmatic properties, that AQUI (HERE), AÍ, ALI and LÁ (THERE) are part of an emerging paradigm in Brazilian Portuguese recently constituted and still developing of forms indicating specificity in indefinite noun phrases (NP). The data that make up the corpus of this research were collected in the following large Brazilian oral corpora: the Corpus Discurso & Gramática: a língua falada e escrita na cidade de Natal (FURTADO DA CUNHA, 1998), the Banco Conversacional de Natal (FURTADO DA CUNHA, 2010), the Projeto Variação Linguística no Estado da Paraíba VALPB (HORA, 2005) and the Projeto Variação Linguística Urbana na Região Sul do Brasil VARSUL (VANDRESEN, 2002). Firstly, the behavior of the specificity markings AQUI, AÍ, ALI and LÁ is described with respect to many factors of morphosyntactic and semantic-pragmatic nature: type of construction in which the markers appeared; existence or not of intervening material between the specificity marker item and the NP s nuclear noun; type of noun to which AQUI, AÍ, ALI and LÁ are linked; syntactic function of the specified SN; informational status of the NP to which the specificity markers AQUI, AÍ, ALI and LÁ are attached; occurrence of conversational implicatures (GRICE, 1982) in the context of use of these specificity markers. Next, a possible grammaticalization trajectory is outlined, according to which AQUI, AÍ, ALI and LÁ would had gone from an early spatial deictic indication to the specificity indication. The results point to the existence of forms with varying degree of emergence in this new paradigm of nominal specification, with AÍ being, probably, the item most grammaticalized, followed by LÁ, then ALI and AQUI, which permanence in the paradigm do not yet appear to be consolidated

A negociação coletiva como instrumento de efetividade do direito fundamental à igualdade

Equality as a principle and as a legal rule, integrates brazilian constitutional order since the Constitution of 1891, constituting the target always be sought, built and promoted by the state and society as a whole. Also e xs urgem for protection of equality and non - discrimination, declarations and international treaties, mostly ratified by Brazil. The international protection of human beings with intrinsic value began in the UN Declaration of 1948, which declared the equality of all men in rights and dignity, followed by more specific international documents, in a growing movement of ratification of international standards protection of human rights occurs after the atrocities during the Second World War. Within the Internation al Labour Organisation (ILO), the theme of equality and non - discrimination in employment relationships integrates one of its main conventions, to No. 111, ratified by Brazil since 1965, which aims to eliminate discrimination in respect of employment and oc cupation. In this context, lies the collective bargaining work, with her normative instruments arising from the collective agreement and the agreement recognized constitutionally and with full ability to create and establish standards and conditions for de tails of suitable work for each occupational category and economic having the unions the power and duty to use them as a means of effecting the postulates of equality and non - discrimination in employment relationships, filling gaps in state law and / or su pplementing it, molding them to existing events in the capital - job. Driven by greater freedom contained in the Constitution of 1988, trading, and with it, the private collective autonomy, in fact, have included the issue of equality and the right to differ ence between clauses created, scheduled to affirmative action and sealing exclusionary conduct, and reported some positive outcomes, such as greater diversity in work and training followed by admission of persons with disabilities environment. These attitu des of union entities and employers should be broadened because corroborate the fulfillment of constitutional requirements for compliance with the international declarations, adapting them to the reality of labor relations and contributing to the construct ion of equality in the pursuit of social justice with the recognition of the right to be different with respect to the inherent dignity of the human condition.

O direito fundamental à igualdade no contexto da identidade sexual no Brasil: um estudo da situação jurídico-constitucional com ênfase no exame da suposta inconstitucionalidade por omissão do legislador civil

This dissertation analyses the Brazilian Supreme Court’s judgement in the Non-compliance Action of the Fundamental Precept 132/RJ and in the Direct Action of Unconstitutionality 4277/DF, which created in the country the same-sex civil union. In This decision, the STF interpreted according to the constitution Article 1.723 of the Civil Code, invoking several fundamentals reaffirmed in the Constitution. From all these laws invoked by the Supreme Court to support the pretorian creation, the content of consitutional Law regarding equality is the only that corresponds, and it is sufficient to evidence the necessity of the creation, by legislator, of the institute for civil rights, since the Constitution forbids distinctions that is not expressly provided for in the Constitution (Art. 3º, IV, of Federal Constitution). In this way, Article 226, § 3º is not an exception capable of satisfying the condition of the consitutional foresight because although it protect, according its content only the civil union “between the man and the woman”, it is not able to forbid the creation, by legislator, of another kinds of families, including the same-sex civil union. As such, the reasoning, now legitimate according to the legislator, is not support the creation of institute by Constitutional Court, because the Court may enforce the Law, interpreting in the purviews allowed by the legal text and its constitutionality. In regard to the civil union of individuos of the same sex, the Court could not deduce that such union was implied by Law, like the interpretation according to the Constitution given by judges, on grounds of semantic purviews of the words man and woman, existents in both articles. The Court could not created it either, exceeding the legal system role. So, upon the institute creation, the STF, exceeded two limits: the interpretation and Law enforcement.

O paradigma tecnológico e a revolução informacional: fundamentos da sociedade da informação

REGIS, Josiana Florencio Vieira; CAMPOS, Ana Celia Cavalcanti Fernandes. O paradigma tecnologico e a revoluçao informacional: fundamentos da sociedade da informaçao. In: CONGRESSO INTERNACIONAL EM SISTEMAS DE INFORMAÇAO E GESTAO DA TECNOLOGIA, 6., 2009. Sao Paulo. Anais eletronicos... Sao Paulo: FEA/USP, 2009. Trabalho oral.

Bibliotecas digitais de teses e dissertações brasileiras: paradigma do acesso livre à informação científica

A evolução da comunicação científica ao longo do tempo e o impacto causado pela A evolução da comunicação científica ao longo do tempo e o impacto causado pela A evolução da comunicação científica ao longo do tempo e o impacto causado pela se analisar as contribuições da Biblioteca Digital de Teses e Dissertações (BDTD)para a comunicação científica atual, destacando possibilidades emergentes e desafios a serem superados. Apresenta uma breve evolução da comunicação científica ao longo do tempo; discute os impactos causados pela Internet na comunicação, disponibilização e acessibilidade de informações técnico-científicas; e caracteriza BDTD destacando os desafios a serem superados. Dentre eles estão, a questão dos direitos autorais que ocasionam a baixa adesão dos autores ao projeto piloto do IBICT para disponibilizar teses e dissertações no meio eletrônico. Para este desafio, são apontadas sugestões.