Intervenção judicial nas sociedades limitadas em face da liberdade de iniciativa

The judicial intervention in limited liability company goes through several issues of legislative and hermeneutics origin, based considerably on the small importance given to freedom of economic initiative by the participants in the process of formation and application of the law. In addition, Brazilian law, due to incompleteness, inconsistency or lack of valid grounds, put the judge in a procedural delicate situation. Being forced to judge, the judiciary faces severe uncomfortable interpretive situations, of which derive solutions of dubious constitutionality and affecting, significantly, the dynamics of business activity. In this context, and considering the limited liability company as an expression of free enterprise, corresponding to a lawful association of people in order to undertake economically, in exercise of his freedom of contracting and professional action, intended to be offered safe parameters of constitutionality for judicial intervention in limited liability company in the hypothesis of (i) transfer of corporate shares, (ii) attachment of corporate shares, (iii) dismissal of directors, (iv) appointment of judicial stakeholders, (v) exclusion of shareholders and (vi ) trespass. The hypothetical-deductive approach was adopted, building hypotheses to overcome the gaps and unconstitutionality of the law and subjecting them to tests, reviews, and comparisons with hypothetical facts and case law in order to determine the constitutional validity of the proposed solutions. The procedure aimed to reconcile the historical, comparative, dialectical and scientific methods. The roots of temporal institutes were researched as well as current solutions provided by national and compared law. From problematizations point, addressed by the constitutional interpretation of the law and jurisprudence, responses that bring out the unconstitutionality of certain conceptions were headed

Fiscalização difusa da constitucionalidade e o incidente de argüição de inconstitucionalidade

The present work consists of studying to diffuse control of constitutionality in Brazil, with emphasis in a procedural alternative to the evolution of that model: the incident to challenge of unconstitutionality. Starting from the discussion about the new role of constitutional jurisdiction in peripheral countries and in the globalized society, without forgetting to face inevitable doubts about its legitimacy before other powers of the State, the Brazilian control of constitutionality is revealed, under a diffuse, non-dichotomical view, through a number of inconsistencies and misunderstandings, that compromise social peace, the credibility of democratic institutions and the supremacy of juridical security. In order to achieve the goal, the study in course discussed the main difficulties of the Brazilian mixed model of constitutionality control, as well as, directing its view to the incident of challenge of unconstitutionality, which the most adequate forms to assure its appropriateness, legitimacy, processing and decisory effects are. Is was essential, in this point of view, to establish the difference between the incident of challenge of unconstitutionality conceived in article of the Brazilian Federal Constitution and the incident of challenge of unconstitutionality such as it is known in the European models. The insertion of the incident of challenge of unconstitutionality based on European models in the Brazilian control system, without jeopardizing the North-American essence the Brazilian constitutional history presents since 1981, is the hypothesis that is presented as an improvement of constitutional protection

Análise do processo judicial eletrônico (PJe) sob os parâmetros da discursividade processual e do acesso democrático à justiça

The conceptions of the judicial function, the process and the factors of legitimacy of the norm of decision are changed according to the model of State (liberal, social democratic and constitutional). The right of access to justice, likewise, follows the ideals present in constitutional movements experienced in different historical moments. The deficit of legitimacy of the judiciary is recurring subject of study in the doctrine, especially in the face of democratic standards that permeate the current paradigm of state. Under the process law, the essential element for the distinction of the states based on the rule of law (formal and material) and the democratic constitutional state lies in the democratic guarantee of participation to the litigants in the process of elaborating the norm of decision. The concern about the participatory democracy and the concretion of fundamental rights has as presupposition the conception of popular sovereignty. Keeping this effort in mind, the civil procedure cannot be oblivious to such considerations, especially when it justifies its constitutional conformation from the institutionalization of discourse within the procedural field (democratic principle) and of the democratization of access to justice, leading to the necessary contestation of the theory of instrumentality of the process. The democratic prospects of civil procedure and the concern about the legitimacy of the rule of decision cannot be moved away from the analysis of the judicial function and the elements that influence the legal suit s progress. The computerization of the judicial process entails extensive modification in the way the judicial function is developed, in view of automation of activities held, of the eliminating of bureaucratic tasks, manual and repetitive, and of streamlining the procedure. The objective of this study is to analyze the dogmatic changes and resulting practices from the implementation of the Judicial Electronic Process (JEP), prepared by the National Council of Justice, under the parameters of procedural discourse and democratic access to justice. Two hypotheses are raised, which, based on a bibliographic-documentary, applied and exploratory research, are contested dialectically. The expansion of publicity of procedural acts and the facilitating of communication and practice of such acts are elements that contribute to the effective participation of the recipients of the norm of decision in its making process and, therefore, the democratic principle in the procedural field. Ensuring access (to the parts) to the case files and reasonable duration of the process along with the preservation of its founding principles (contradictory, legal defense and isonomy) are essential to ensure democratic access to justice within the virtual system

Geração procedural de cenários orientada a objetivos

The game industry has been experiencing a consistent increase in production costs of games lately. Part of this increase refers to the current trend of having bigger, more interactive and replayable environments. This trend translates to an increase in both team size and development time, which makes game development a even more risky investment and may reduce innovation in the area. As a possible solution to this problem, the scientific community is focusing on the generation of procedural content and, more specifically, on procedurally generated levels. Given the great diversity and complexity of games, most works choose to deal with a specific genre, platform games being one of the most studied. This work aims at proposing a procedural level generation method for platform/adventure games, a fairly more complex genre than most classic platformers which so far has not been the subject of study from other works. The level generation process was divided in two steps, planning and viusal generation, respectively responsible for generating a compact representation of the level and determining its view. The planning stage was divided in game design and level design, and uses a goaloriented process to output a set of rooms. The visual generation step receives a set of rooms and fills its interior with the appropriate parts of previously authored geometry

A representação social de educação tecnológica de docentes da Rede Federal de Educação Profissional e Tecnológica: CEFETs do Rio Grande do Norte

The aim of this study was to investigate the social representation of technological education teachers at the Federal Technological Education Network. The survey was conducted from 2007 to 2010, and the respondents were 275 teachers, 135 of the Federal Center for Technological Education (CEFET in portuguese) in the state of Amazonas, in Manaus unit headquarters; 140 of the CEFET in the state of Rio Grande do Norte, a unit based in Natal. We adopt the concept of technological education as the top level of professional education, that is to say, the undergraduate programs of short duration called technological courses. The Federal Technological Education Network gathers hundreds of related institutions, coordinated and supervised by the Office of Vocational and Technological Education of the Ministry of Education. Although many of these institutions offer courses in technology education, no research addressing this subject from the perspective of Social Representations Theory (SRT) was found in the literature. We seek to unravel the social representation of technological education of the teachers by adopting the procedural approach of SRT. This is a qualitative approach, focusing on significant aspects of the representative activity and the formation mechanisms of the representation. Therefore, we search the socio-genesis of the representation in the articulations between discourses, social institutions and practices. We initiated the research through applying critical reading and an analytical perspective on the historical and regulatory documents of technological education in Brazil, from the early twentieth century to the present day. We adopt the Procedure for Multiple Classifications (PMC) from the Free Words Association Technique (FWAT) to access the elements of representational content. For the analysis of the data obtained with FWAT and selection of major words / phrases pertinent to the semantic field of education technology, we used Hamlet II software. For the data analysis of PMC and Free Classification (FC) we used the SPSS ® (Statistical Package for the Social Sciences) version 17.0 and used the method of multidimensional scaling - Multidimensional scaling - (MDS). The output from the central MDS takes the form of a set of scatterplots - "perceptual maps" - of which the points are the elements of the representational content. For the FC data analysis we used the Scalogram Multidimensional Analysis (SMA) - which makes use of the original data in its raw form and allows categorical data to be interpreted in the map as measures of (di)similarity. In order to help with the understanding of the settings of the perceptual maps of FC, we used the Content Analysis of the discourse fragments of the teachers interviewed. The results confirm our initial hypothesis regarding the presence of a single plot among the socio-cognitive study subjects, which is the basis for a social representation of technological education in line with the historic assumption of the dichotomy between mental and manual labor. In spite of the three merging representational elements of the representational content, the perceptual maps compiled from the MSA statistics corroborates the dichotomy, with the exception of the map relating to the subgroup of teachers belonging to the humanities

Verificação formal automatizada para sistemas de raciocínio procedural (PRS) utilizando redes de petri coloridas (RPC)

Este trabalho apresenta uma técnica de verificação formal de Sistemas de Raciocínio Procedural, PRS (Procedural Reasoning System), uma linguagem de programação que utiliza a abordagem do raciocínio procedural. Esta técnica baseia-se na utilização de regras de conversão entre programas PRS e Redes de Petri Coloridas (RPC). Para isso, são apresentadas regras de conversão de um sub-conjunto bem expressivo da maioria da sintaxe utilizada na linguagem PRS para RPC. A fim de proceder fia verificação formal do programa PRS especificado, uma vez que se disponha da rede de Petri equivalente ao programa PRS, utilizamos o formalismo das RPCs (verificação das propriedades estruturais e comportamentais) para analisarmos formalmente o programa PRS equivalente. Utilizamos uma ferramenta computacional disponível para desenhar, simular e analisar as redes de Petri coloridas geradas. Uma vez que disponhamos das regras de conversão PRS-RPC, podemos ser levados a querer fazer esta conversão de maneira estritamente manual. No entanto, a probabilidade de introdução de erros na conversão é grande, fazendo com que o esforço necessário para garantirmos a corretude da conversão manual seja da mesma ordem de grandeza que a eliminação de eventuais erros diretamente no programa PRS original. Assim, a conversão automatizada é de suma importância para evitar que a conversão manual nos leve a erros indesejáveis, podendo invalidar todo o processo de conversão. A principal contribuição deste trabalho de pesquisa diz respeito ao desenvolvimento de uma técnica de verificação formal automatizada que consiste basicamente em duas etapas distintas, embora inter-relacionadas. A primeira fase diz respeito fias regras de conversão de PRS para RPC. A segunda fase é concernente ao desenvolvimento de um conversor para fazer a transformação de maneira automatizada dos programas PRS para as RPCs. A conversão automática é possível, porque todas as regras de conversão apresentadas seguem leis de formação genéricas, passíveis de serem incluídas em algoritmos