O direito de propriedade e a aplicação da função social da propriedade pública no Brasil

O Direito de propriedade, seguindo o desenvolvimento da sociedade, evoluiu e suportou grandes transformações ao longo da história. Diversas foram as concepções que surgiram para explicar sua natureza, partindo da idéia exposta no regime feudal, onde somente ao senhor cabia o direito de propriedade, passando para um conceito que consagrou a propriedade como um direito sagrado e inviolável, até acolher expressa e constitucionalmente sua função social, na consagração máxima ao princípio da Soacialidade, reflexo da publicização do Direito Civil moderno. Mesmo nos dias atuais, trata-se de um assunto emblemático haja vista sua utilização tímida na administração publica, muito embora o princípio da função social da propriedade tenha sido genericamente consagrado na Constituição Federal de 1988, igualmente adotado pelo Código Civil de 2002. O presente artigo, de caráter multidisciplinar, composto de duas fases, se propõe a analisar, inicialmente, a (in)aplicabilidade da função social dos bens públicos dominicais, estudo que se situa em uma zona cinzenta entre o Direito Constitucional, o Direito Administrativo e o Direito Civil. Para tanto, será feito uso dos princípios de interpretação constitucional, a fim de se alcançar o real sentido da norma estatuída nos artigos 170, III, 182 e 186, da Carta Política de 1988, além dos artigos 421, 1228, 1239 e 1240, das normas de direito material, e da análise do Estatuto das Cidades, inovação constitucional que delega aos Municípios a competência para impor a desapropriação, como decorrência última das sanções suportadas pelo proprietário, em razão do uso degenerado da propriedade urbana. Portanto, ainda que a aplicação da função social aos patrimônios públicos nos parece redundante, já que compete ao Estado a garantia do bem comum, resulta necessário, no panorama atual, fixar os parâmetros para a construção de um novo modelo de gestão do patrimônio público, atribuindo uma destinação adequada aos bens dominicais ociosos, que atenda a função social e atenda aos interesses públicos, em detrimento dos interesses dos rent seeking, tema abordado na segunda fase de desenvolvimento do presente projeto, conforme se poderá verificar com as conclusões apresentadas, haja vista que a tese apresentada busca revolucionar os modelos atuais de gestão do patrimônio público, que permanece mais público do que nunca, apenas com critérios bem definidos e estabelecidos para sua destinação, que em sendo adequada favorecerá o desenvolvimento econômico, social e cultural da sociedade, reduzindo as desigualdades.

O discurso de Lourenço Filho em defesa da pedagogia do estado novo

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

Gastric Torsion from an Intestinal Hernia Through a Rent in the Gastrosplenic Ligament in a Horse

The present report describes an 8-year-old gelding presenting with signs of severe abdominal pain. After performing a thorough physical examination, including rectal palpation and additional diagnostic tests, an exploratory laparotomy was recommended. The jejunum was found herniated through the gastrosplenic ligament, and the stomach was severely distended with gas. Given a poor prognosis, the horse was euthanized on the table. At necropsy, the stomach appeared dilated, with an 180 horizontal gastric torsion, from left (lateral) to right (medial), dividing the organ into dorsal and ventral compartments. We believe that the chronic traction exerted by an incarcerated and distended loop of jejunum, in the dorsal aspect of the gastrosplenic ligament, associated with trauma during episodes of intense rolling, enlarged the rent until it ruptured. Because of this rupture, the lateral dorsal aspect of the stomach became unattached, predisposing it to the torsion. (C) 2012 Elsevier B.V. All rights reserved.

Stress induces behavioral sensitization, increases nicotine-seeking behavior and leads to a decrease of CREB in the nucleus accumbens

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

Treatment seeking by individuals with obsessive-compulsive disorder from the British Psychiatric Morbidity Survey of 2000

Objective: For several reasons, many individuals with obsessive-compulsive disorder (OCD) do not seek treatment. However, data on treatment seeking from community samples are scant. This study analyzed service use by adults with OCD living in private households in Great Britain. Methods: Data from the British Survey of Psychiatric Morbidity of 2000, in which 8,580 individuals were surveyed, were analyzed. Service use was compared for those with OCD, with other neuroses, with different subtypes of OCD (only obsessions, only compulsions, or both), and with OCD and comorbid neuroses. Results: Persons with OCD (N=114) were more likely than persons with other neuroses (N=1,395) to be receiving treatment (40% compared with 23%, p<.001). However, those with OCD alone (N=38) were much less likely than those with OCD and a comorbid disorder to be in treatment (14% compared with 56%, p<.001). In the previous year, 9.4% of persons with OCD had seen a psychiatrist and 4.6% had seen a psychologist. Five percent were receiving cognitive-behavioral therapy, 2% were taking selective serotonin reuptake inhibitors, and 10% were taking tricyclics. Conclusions: Most persons with OCD were not in contact with a mental health professional, and apparently very few were receiving appropriate treatments. Very few persons with noncomorbid OCD were receiving treatment. Individuals with OCD who are in treatment may not be disclosing their obsessions and compulsions and may be discussing other emotional symptoms, leading to inappropriate treatment strategies. Public awareness of OCD symptoms should be raised, and primary care professionals should inquire about them with all patients who have depressive or anxiety disorders.

Obsessive-compulsive disorder: Prevalence, comorbidity, impact, and help-seeking in the British National Psychiatric Morbidity Survey of 2000

Objective: There is little information about obsessive-compulsive disorder in large representative community samples. The authors aimed to establish obsessive-compulsive disorder prevalence and its clinical typology among adults in private households in Great Britain and to obtain generalizable estimates of impairment and help-seeking.Method: Data from the British National Psychiatric Morbidity Survey of 2000, comprising 8,580 individuals, were analyzed using appropriate measurements. The study compared individuals with obsessive-compulsive disorder, individuals with other neurotic disorders, and a nonneurotic comparison group. ICD-10 diagnoses were derived from the Clinical Interview Schedule-Revised.Results: the authors identified 114 individuals (74 women, 40 men) with obsessive-compulsive disorder, with a weighted 1-month prevalence of 1.1%. Most individuals (55%) in the obsessive-compulsive group had obsessions only. Comorbidity occurred in 62% of these individuals, which was significantly greater than the group with other neuroses (10%). Co-occurring neuroses were depressive episode (37%), generalized anxiety disorder (31%), agoraphobia or panic disorder (22%), social phobia (17%), and specific phobia (15%). Alcohol dependence was present in 20% of participants, mainly men, and drug dependence was present in 13%. Obsessive-compulsive disorder, compared with other neurotic disorders, was associated with more marked social and occupational impairment. One-quarter of obsessive-compulsive disorder participants had previously attempted suicide. Individuals with pure and comorbid obsessive-compulsive disorder did not differ according to most indices of impairment, including suicidal behavior, but pure individuals were significantly less likely to have sought help (14% versus 56%).Conclusions: A rare yet severe mental disorder, obsessive-compulsive disorder is an atypical neurosis, of which the public health significance has been underestimated. Unmet need among individuals with pure obsessive-compulsive disorder is a cause for concern, requiring further investigation of barriers to care and interventions to encourage help-seeking.

Seeking one's heading through eye movements

A study of eye movements during simulated travel toward a grove of four stationary trees revealed that observers looked most at pairs of trees that converged or decelerated apart. Such pairs specify that one's direction of travel, called heading, is to the outside of the near member of the pair. Observers looked at these trees more than those that accelerated apart; such pairs do not offer trustworthy heading information. Observers also looked at gaps between trees less often when they converged or diverged apart, and heading can never be between such pairs. Heading responses were in accord with eye movements. In general, if observers responded accurately, they had looked at trees that converged or decelerated apart; if they were inaccurate, they had not. Results support the notion that observers seek out their heading through eye movements, saccading to and fixating on the most informative locations in the field of view.

Enhanced nicotine-seeking behavior following pre-exposure to repeated cocaine is accompanied by changes in BDNF in the nucleus accumbens of rats

We investigated the behavioral and molecular interactions between cocaine and nicotine, through evaluating locomotor activity, nicotine intravenous self-administration and gene expression. Locomotor sensitization was induced in male Wistar rats by repeated cocaine (20 mg/kg; i.p.) or saline injections once a day over 7 days. Three days after the last injection, rats were challenged with either saline or cocaine (15 mg/kg; i.p.) and the locomotor activity was measured. The very next day animals received either saline or nicotine (0.4 mg/kg; s.c.) and the locomotor cross-sensitization was tested. Animals were then prepared with intrajugular catheters for nicotine self-administration. Nicotine self-administration patterns were evaluated using fixed or progressive ratio schedules of reinforcement and a 24-h unlimited access binge. Immediately after the binge sessions animals were decapitated, the brains were removed and the nucleus accumbens was dissected. The dynorphin (DYN), μ-opioid receptor (mu opioid), neuropeptide Y (NPY), brain-derived neurotrophic factor (BDNF), tropomyosin-related tyrosine kinase B receptor (TrkB) and corticotropin- releasing factor receptor type 1 (CRF-R1) gene expression were measured by the reverse transcription-polymerase chain reaction (RT-PCR). Pretreatment with cocaine caused sensitization of cocaine motor response and locomotor cross-sensitization with nicotine. In the self-administration experiments repeated cocaine administration caused an increase in the nicotine break point and nicotine intake during a 24 h binge session. © 2013 Elsevier Inc.

Role of the bed nucleus of the stria terminalis in cardiovascular changes following chronic treatment with cocaine and testosterone: A role beyond drug seeking in addiction?

Neural plasticity has been observed in the bed nucleus of the stria terminalis (BNST) following exposure to both cocaine and androgenic-anabolic steroids. Here we investigated the involvement of the BNST on changes in cardiovascular function and baroreflex activity following either single or combined administration of cocaine and testosterone for 10 consecutive days in rats. Single administration of testosterone increased values of arterial pressure, evoked rest bradycardia and reduced baroreflex-mediated bradycardia. These effects of testosterone were not affected by BNST inactivation caused by local bilateral microinjections of the nonselective synaptic blocker CoCl2. The single administration of cocaine as well as the combined treatment with testosterone and cocaine increased both bradycardiac and tachycardiac responses of the baroreflex. Cocaine-evoked baroreflex changes were totally reversed after BNST inactivation. However, BNST inhibition in animals subjected to combined treatment with cocaine and testosterone reversed only the increase in reflex tachycardia, whereas facilitation of reflex bradycardia was not affected by local BNST treatment with CoCl2. In conclusion, the present study provides the first direct evidence that the BNST play a role in cardiovascular changes associated with drug abuse. Our findings suggest that alterations in cardiovascular function following subchronic exposure to cocaine are mediated by neural plasticity in the BNST. The single treatment with cocaine and the combined administration of testosterone and cocaine had similar effects on baroreflex activity, however the association with testosterone inhibited cocaine-induced changes in the BNST control of reflex bradycardia. Testosterone-induced cardiovascular changes seem to be independent of the BNST. © 2013 IBRO.

A support system that delineates location-choice sets for firms seeking office space

Factors influencing the location decisions of offices include traffic, accessibility, employment conditions, economic prospects and land-use policies. Hence tools for supporting real-estate managers and urban planners in such multidimensional decisions may be useful. Accordingly, the objective of this study is to develop a GIS-based tool to support firms who seek office accommodation within a given regional or national study area. The tool relies on a matching approach, in which a firm's characteristics (demand) on the one hand, and environmental conditions and available office spaces (supply) on the other, are analyzed separately in a first step, after which a match is sought. That is, a suitability score is obtained for every firm and for every available office space by applying some value judgments (satisfaction, utility etc.). The latter are powered by a focus on location aspects and expert knowledge about the location decisions of firms/organizations with respect to office accommodation as acquired from a group of real-estate advisers; it is stored in decision tables, and they constitute the core of the model. Apart from the delineation of choice sets for any firm seeking a location, the tool supports two additional types of queries. Firstly, it supports the more generic problem of optimally allocating firms to a set of vacant locations. Secondly, the tool allows users to find firms which meet the characteristics of any given location. Moreover, as a GIS-based tool, its results can be visualized using GIS features which, in turn, facilitate several types of analyses.