O Supremo Tribunal Federal como agente tecnocrático no exercício da jurisdição constitucional na solução de casos complexos : análise das ações diretas de inconstitucionalidade nº 3937/SP e nº 3357/RS

Many changes have taken place in contemporary society causing impacts in its different sectors, making it much more complex and insecure than in past times. The alteration on the decision-making system of the Brazilian society is among the main changes today. The post-modern context contributed to the occurrence of the transfer of state power of the Legislative and Executive Powers to the Judiciary Power, specifically to the Federal Court of Justice, leading to an expansion on the actuation range of this institution mainly through the exercise of the constitutional jurisdiction. This has caused a crisis of legitimacy in society once the Court will now decide the political and social fundamental issues. In this scenario, the Direct Action of Unconstitutionality n° 3937/SP and n° 3357/RS are highlighted and both are being tried by the Supreme Court. Such emphasis is given, since it is a matter of high complexity and social repercussion that will be decided by a legal institution and not a political one. Thus, this work aims to analyze the role of the Supreme Court in the context of contemporary society on the trial of complex and controversial cases, particularly on the trial of Direct Action of Unconstitutionality n° 3937/SP and n° 3357/RS. This study has noticed that due to the post-modern context the majority of the Supreme Court Ministers tend to base their votes in constitutional principles and no longer limit themselves to a formal review of the constitutionality of laws, which indicates a substantialist approach. Moreover, it can be noticed the deliberative potential of the Court as well as the influence of the post-modern features, such as risk, uncertainty and insecurity on the elaboration of the Minister‟s votes. Therefore, sometimes, such as the case in study, the Supreme Court has acted as a technocratic agent in Brazilian society once fundamental political and social decisions for society especially when it comes to complex and controversial cases are being taken by the Supreme Court, which is composed by “Law technicians” and such decisions are mainly based in technical data and scientific studies. For the accomplishment of this work, it has been adopted the inductive approach and monographic procedure method and the bibliographical and documentary research technique.

Avaliação da incerteza de medição no Setor Médico-hospitalar

This study aims to evaluate the uncertainty associated with measurements made by aneroid sphygmomanometer, neonatal electronic balance and electrocautery. Therefore, were performing repeatability tests on all devices for the subsequent execution of normality tests using Shapiro-Wilk; identification of influencing factors that affect the measurement result of each measurement; proposition of mathematical models to calculate the measurement uncertainty associated with measuring evaluated for all equipament and calibration for neonatal electronic balance; evaluation of the measurement uncertainty; and development of a computer program in Java language to systematize the calibration uncertainty of estimates and measurement uncertainty. It was proposed and carried out 23 factorial design for aneroid sphygmomanometer order to investigate the effect of temperature factors, patient and operator and another 32 planning for electrocautery, where it investigated the effects of temperature factors and output electrical power. The expanded uncertainty associated with the measurement of blood pressure significantly reduced the extent of the patient classification tracks. In turn, the expanded uncertainty associated with the mass measurement with neonatal balance indicated a variation of about 1% in the dosage of medication to neonates. Analysis of variance (ANOVA) and the Turkey test indicated significant and indirectly proportional effects of temperature factor in cutting power values and clotting indicated by electrocautery and no significant effect of factors investigated for aneroid sphygmomanometer.