Sacredness of the constitutional text and interpretive heresy: the brazilian supreme court decision on same-sex unions

The paper provides a close lecture of the arguments and methods of legal construction, employed in the extensive individual opinions written by the Justices of the Brazilian Supreme Court in the case which authorized the same sex civil union. After tracing an outline of the legal problem and his possible solutions, we analyze the individual opinions, showing their methodological syncretism, the use of legal methods and arguments in a contradictory way as well the deficiencies in the reasoning. The Justices use legal arguments, but do not meet the requirements of rationality in the decision-making. We have a rhetorical attempt that aims to satisfy the public opinion than to offer a comprehensive and coherent solution according the normative elements of the Brazilian Federal Constitution of 1988.

Biomass and Stand Characteristics of a Highly Productive Mixed Douglas-Fir and Western Hemlock Plantation in Coastal Washington

Aboveground biomass predictive equations were developed for a highly productive 47-year-old mixed Douglas-fir and western hemlock stand in southwest Washington State to characterize the preharvest stand attributes for the Fall River Long-Term Site Productivity Study. The equations were developed using detailed biomass data taken from 31 Douglas-fir and 11 western hemlock trees within the original stand. The stand had an average of 615 live trees per hectare, with an average dbh of 35.6 cm (39.1 cm for Douglas-fir and 33.3 cm for western hemlock) and an average total tree height of 31.6 m (32.8 m for Douglas-fir and 30.2 m for western hemlock). Equations developed were of the form In Y = b(1) + b(2) In dbh, where Y = biomass in kg, dbh = diameter in cm at 1.3 m height, b(1) = intercept, and b(2) = slope of equation. Each tree part was estimated separately and also combined into total aboveground biomass. The total aboveground biomass estimation equations were In Y = -0.9950 + 2.0765 In dbh for Douglas-fir, and In Y = -1.6612 + 2.2321 In dbh for western hemlock. The estimate of the aboveground live-free biomass was of 395 Mg ha(-1) (235 Mg ha(-1) for Douglas-fir and 160 Mg ha(-1) for western hemlock), with 9.5, 29.3, 12.9, 308, and 32.7 Mg ha(-1) in the foliage, live branches, dead branches, stem wood, and stem hark, respectively. When compared with biomass estimates from six other studies, ranging in age from 22 to 110 years and from 96.3 to 636 Mg ha(-1), the biomass of the Fall River site was relatively high for its age, indicating very high productivity.

A judicialização da política no Supremo Tribunal Federal: análise de julgamentos relacionados à reforma do Estado nos anos 90

Coordenação de Aperfeiçoamento de Pessoal de Nível Superior (CAPES)

A legitimidade democrática do Supremo Tribunal Federal: contribuições para a prática do ativismo judicial

Pós-graduação em Direito - FCHS

Capacidade funcional, composição corporal e condições de saúde de idosos longevos

Conselho Nacional de Desenvolvimento Científico e Tecnológico (CNPq)

Saúde entre o social, o científico e o jurídico: o abortamento de anencéfalos

Pós-graduação em Serviço Social - FCHS

A aplicação da modulação pelo Supremo Tribunal Federal no controle da constitucionalidade

Pós-graduação em Direito - FCHS

Energy Management and Control for Islanded Microgrid Using Multi-Agents

This paper presents a multi-agent system for real-time operation of simulated microgrid using the Smart-Grid Test Bed at Washington State University. The multi-agent system (MAS) was developed in JADE (Java Agent DEvelopment Framework) which is a Foundation for Intelligent Physical Agents (FIPA) compliant open source multi-agent platform. The proposed operational strategy is mainly focused on using an appropriate energy management and control strategies to improve the operation of an islanded microgrid, formed by photovoltaic (PV) solar energy, batteries and resistive and rotating machines loads. The focus is on resource management and to avoid impact on loads from abrupt variations or interruption that changes the operating conditions. The management and control of the PV system is performed in JADE, while the microgrid model is simulated in RSCAD/RTDS (Real-Time Digital Simulator). Finally, the outcome of simulation studies demonstrated the feasibility of the proposed multi-agent approach for real-time operation of a microgrid.

Sobre o controle jurisdicional da política externa - notas acerca do caso Battisti no STF

Fundação de Amparo à Pesquisa do Estado de São Paulo (FAPESP)

Sacralità del testo costituzionale ed eresia interpretativa: la sentenza della corte suprema brasiliana sulle unioni civili omosessuali

The paper provides a close lecture of the arguments and methods of legal construction, employed in the extensive individual opinions written by the Justices of the Brazilian Supreme Court in the case which authorized the same sex civil union. After tracing an outline of the legal problem and his possible solutions, we analyze the individual opinions, showing their methodological syncretism, the use of legal methods and arguments in a contradictory way as well the defciencies in the reasoning. The Justices use legal arguments, but do not meet the requirements of rationality in the decision-making. We have a rhetorical attempt that aims to satisfy the public opinion rather than to ofer a comprehensive and coherent solution according the normative elements of the Brazilian Federal Constitution of 1988.

Liberdade de imprensa no Supremo Tribunal Federal: análise comparativa com a Suprema Corte dos Estados Unidos

Fundação de Amparo à Pesquisa do Estado de São Paulo (FAPESP)

A liberdade de imprensa vista pelo Supremo Tribunal Federal: análise da ADPF n. 130

The present study aims to present and analyze the ruling of the Brazilian Supreme Court in ADPF 130 (Concentrated constitutional review action, Fundamental Precept Infringement, Argüição de Descumprimento de Preceito Fundamental), proposed by Partido Democrático Trabalhista (PDT), which contests the compatibility of statute 5.250/67 with the Federal Constitution of 1988. This work considers that the judicial ruling is different than the approach taken by the Legislative and Executive powers, arguing that there is, in the Judiciary, a peculiar way for ruling, surrounded by mysteries, rites, secrets, pomp and circunstances unintelligible to layman. To reach the proposed goal, Justice Carlos Brito´s report and opinion on ADPF 130 are analyzed. The choice of giving special attention to this opinion, which favors the declaration of unconstitutionality of the 5.250/67 statute, is justified in that it represents agreement with the allegation of disrespect to the constitutional text, as suggested by the Partido Democrático Trabalhista. The arguments put forth by the presiding Justice on his ruling will also be the object of consideration, as well as some possible consequences of the ruling.

A regulação constitucional da Comunicação Social e a efetivação de suas normas

The media received from Brazilian Constitution an extensive regulatory role, however, despite the constitutional requirement, until these days, over twenty years after its promulgation, the Brazilian Congress hasn’t regulated all constitutional rules for the sector. In addition, some rules related to the media that were produced before and after the Constitution were expurgated by Brazilian Supreme Court decisions. This text is part of ongoing research that aims to present the constitutional regulation of the media and the development/implementation of these legal standards through decisions of the Supreme Court.