Do reconhecimento à efetividade do direito fundamental à água: diálogos entre Nicarágua e Brasil

La humanidad está en un periodo de transición paradigmática, donde aún no existe acuerdo sobre en cual periodo nos encuadramos, sí modernidad o posmodernidad, pero el debate de ahí surgido se revela útil y transversal a los dilemas que enfrenta hoy la sociedad. Uno de esos dilemas tiene que ver con el reconocimiento del agua como derecho fundamental, ciertamente la era de la información ha permitido avanzar en armar el rompecabezas de la crisis hídrica mundial y sus riesgos, lo que ha develado una realidad importante, el acceso al agua tanto en naciones económicamente desarrolladas como en las menos desarrolladas constituye aun una aspiración, son varias las causas de esto, siendo una de las más comunes la atribuida al cambio climático, sin embargo, al profundizar en la materia surgen otras causas como la falta de voluntad política a nivel nacional, los intereses económicos que dan al agua tratamiento de mercancía y a nivel internacional la existencia de luces y sombras en el campo de los derechos humanos, estas constituyen las piezas del mencionado rompecabezas, aun por armar. Mientras tanto el Derecho tiene aquí un desafío de significativa importancia, adaptarse a fin de responder adecuadamente a las nuevas realidades: riesgos de diversas índoles. Esta investigación tiene como objetivo defender la existencia del derecho fundamental al agua en el ordenamiento jurídico brasileño y nicaragüense, comparando instrumentos que puedan asegurar su efectividad. Para la realización de este trabajo se utilizó un abordaje inductivo-comparativo, fuentes bibliográficas brasileñas, nicaragüenses y de países con experiencias relevantes para la comprensión del problema y que pudieran aportar propuestas de cara al reconocimiento y efectivación del derecho fundamental al agua. Este trabajo encontró que existen ambigüedades importantes en el campo del Derecho Humano al Agua motivadas por el trabajo de agencias que defienden el derecho pero a la vez establecen coordinaciones y normativas con quienes impulsan su privatización, fue posible presentar elementos que apoyan la fundamentalidad del derecho al agua desde un punto de vista material y de vinculación con otros derechos fundamentales, pero preocupa en el caso de Brasil y Nicaragua el poco avance jurisprudencial de cara al reconocimiento y finalmente la atribución de la crisis hídrica en muchos casos a la incertidumbre climática, cuando uno de los principales desafíos se encuentra en la explotación comercial del agua.

A busca por uma política nacional dos biocombustíveis como tutela do direito fundamental ao meio ambiente : acautelamento e avaliação de riscos

The work is to demonstrate the scope of modern-day major regulatory provisions and the policies implemented to adoption of biofuels in the national energy matrix. The adoption of biofuels as an alternative to fossil fuels, is based on the realization of the fundamental right to an ecologically balanced environment mitigating hazards and environmental hazards arising from a postmodern society. However, the change in the Brazilian energy matrix observe the precepts of certain environmental principles to essentially environmental preservation The proposed Environmental rule of law is founded on the realization of the right (duty) key to an ecologically balanced environment for sustainable development. Thus, it is up to the State, in addition to considering the dangers and risks fruits of government decisions, present the possible instruments to mitigate the irreversible environmental damage to the environment. The management of environmental risks present in the ideals of an Environmental rule of law, plays an important role in the preservation and economic development, using, therefore, of acautelatórios legal instruments, such as environmental licensing and the ecological-economic zoning, measures adopted in the light of the principles of precaution and preservation. The adoption of research in the environmental field, improvement and development of environmental technology, building a system to observe ecological changes, imposition of environmental policy objectives to be achieved in the medium and long term and systematization of organizations plan a protection policy environmental, are essential measures to control possible environmental risks and damage guided by the aforementioned environmental principles. Thus, it will be used the inductive method of approach, starting from the analysis of the new perspective of Environmental rule of law and the implementation of biofuels in the context of a post-modern society, marked by uncertainty and the risk of damage, from the study of the principles of caution, maintaining and cautionary measures in mitigating the hazards and potential risks.

Jogos de negócio : o que leva o docente de cursos da área de Ciências Sociais Aplicadas a adotar a ferramenta de ensino

The Business Games are a growing teaching strategy and alternative to the academic front through the new process of Teaching and Learning. Through literature review and semi-structured interviews, this work addresses the teachers considering their subjectivity in deciding JN as the three profiles suggested by Faria and Wellington (2004): those who use it, those who stopped using and those who do not. The research corpus is limited to contributions of 22 respondents between master and doctors teachers of Applied Social Sciences area courses in colleges of Brasília (DF), Goiânia (GO), Ribeirão Preto (SP) and Uberlandia (MG). The content analysis of the interviews allowed to infer that: (1) join the teaching strategy is a commitment to a complex planning, with constant training and proactivity related to student feedback; (2) abandons the practice is becoming less common, because managers tend to recommend it and there are more and more software available for specific disciplines. Its discussed also other contributions (motivations) given by respondents of the three groups that were not found in the literature. It is hoped that this work will serve (1) incentive to teachers on the use of Business Games as a teaching strategy (2) consultation by managers when they decide about purchasing simulation software. Finally, stands out that the educational success of JN depends not only on the various motivations of teachers, as well as the interest and commitment of the student.

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.

A dinâmica da taxa de câmbio no Brasil face às operações swap (2002-2015)

This dissertation investigates, based on the Post-Keynesian theory and on its concept of monetary economy of production, the exchange rate behavior of the Brazilian Real in the presence of Brazilian Central Bank's interventions by means of the so-called swap transactions over 2002-2015. Initially, the work analyzes the essential properties of an open monetary economy of production and, thereafter, it presents the basic propositions of the Post-Keynesian view on the exchange rate determination, highlighting the properties of foreign exchange markets and the peculiarities of the Brazilian position into the international monetary and financial system. The research, thereby, accounts for the various segments of the Brazilian foreign exchange market. To accomplish its purpose, we first do a literature review of the Post-Keynesian literature about the topic. Then, we undertake empirical exams of the exchange rate determination using two statistical methods. On the one hand, to measure the volatility of exchange rate, we estimate Auto-regressive Conditional Heteroscedastic (ARCH) and Generalized Auto-regressive Conditional Heteroscedastic (GARCH) models. On the other hand, to measure the variance of the exchange rate in relation to real, financial variables, and the swaps, we estimate a Vector Auto-regression (VAR) model. Both experiments are performed for the nominal and real effective exchange rates. The results show that the swaps respond to exchange rate movements, trying to offset its volatility. This reveals that the exchange rate is, at least in a certain magnitude, sensitive to swaps transactions conducted by the Central Bank. In addition, another empirical result is that the real effective exchange rate responds more to the swaps auctions than the nominal rate.

Internacionalização de empresas e o fechamento do capital : um estudo sobre a deslistagem no mercado brasileiro

This work contributes to the finance literature proposing to analyze the relationship between the degree of internationalization of Brazilian companies and the likelihood of delisting. Therefore, even though the internationalization as a differential, in the formulation of hypotheses and analysis of the relationship between the variables dealt with concepts and theories within the Corporate Governance, which is already established in theory when it comes to delisting. First, with a view to the theory of internalization, which gives competitive advantages to the company due the adoption internationalization strategy and in parallel to the positive effects that this strategy generates on firms performance, it was formulated an hypothesis that the degree of internationalization would be adversely related to the probability of delisting, mainly due to such benefits generated to the organization. In turn, as an alternative hypothesis of the research, it proposed a positive relationship between these variables, based on agency theory, according to which internationalization would contribute to delisting by increasing geographical separation between shareholders and managers and, consequently, agency conflicts and the difficulty of monitoring. For the achievement of objectives, as well as being included economic and financial variables and GC, it was proposed the analysis of periods of crisis, as the events of recent past of the Brazilian economy. Starting from a base model initially developed by Pour and Lasfer (2013), which later, the proxies of internationalization and crisis have been added also contemplating adjustments to the Brazilian context. The data collected include the period from 2006 to 2014 and information on active and inactive companies at Bovespa. As results, it was found negative significance between the degree of internationalization and the delisting decision, confirming the first hypothesis of the research and stating that the benefits generated by internationalization in the company generate it spreads and results that reduce the probability of delisting. By analyzing the results of control variables was still possible to observe that, even internationalization reducing the likelihood of delisting, by particular aspects of corporate governance in Brazil, such as the high ownership concentration, the benefits it generates contribute to delisting. Regarding the analysis in crisis, the consequences of the crisis of the US subprime in general market were more relevant that the occurrence of itself, unlike the Brazilian internal crisis of 2014, which was statistically significant for the analyzed event. For future researches it is suggested the expansion of database and individual treatment of the reasons adopted by a company when delisting decision.

Dinâmica industrial, emprego e pobreza no Brasil, uma abordagem alternativa

Between 2003 and 2014 Brazil has increased exports by 52%, increased the formal employment and paid employment by 19% and reduced multidimensional poverty by 42%. The purpose of this work is to test the hypothesis that there is a Brazilian Growth Virtuous Circle where these three variables would be connected in order to increase exports and reduce poverty through the salaries transfer of funds. The construction of the hypothesis is made for Export Industry through ideas Verdoorn, Kaldor and Thirlwall presenting the export industry as an engine of economic growth. To present employment acting directly on economic growth is used Wage Led Rowthorn approach. The Capability Approach of Amartya Sen is used to understand the Multidimensional Poverty. The hypothesis was tested using data from the National Household Survey and Aliceweb between 2003 and 2014 with the use of the Generalized Method of Moments and the generation of elasticities between export and employment, employment and poverty, and export and poverty.

Efeitos da internacionalização no desvio da estrutura de capital alvo e na velocidade de ajuste

This dissertation investigates the effects of internationalization in two gaps related to the capital structure that have not been discussed by the Brazilian literature yet. To this, were developed two independent sections. The first examined what the effects of internationalization on the deviation from the target capital structure. The second examined what the effects of internationalization on speed of adjustment (SOA) of the capital structure. It used data from Brazil, multinational and domestic companies, from 2006 to 2014. The results of the first analysis indicate that internationalization helps reduce the difference between the target and the current debt. That is, to the extent that the level of internationalization increases; whether only export or a combination of export, assets and employees abroad, the gap between the current structure and the target structure decreases. This reduction is given as a function of internationalization as a consequence of the upstream effect of the upstream-downstream hypothesis. Thus, as the Market Timing theory, it can be seen as an opportunity for adjustment of the capital structure, and with the reduction of deviation, there is also a reduction in the cost of capital of the firm. The result of the second analysis indicates that internationalization is able to significantly increase the speed adjustment, ensuring for the multinational a faster adjustment of its capital structure. Exports increase the SOA in 9 to 23%. And when also kept active assets and employees abroad the increase is 8 to 20%. In terms of time, while domestic company takes more than three years to reduce half of the deviation that has, while multinacional companies take on average one and a half year to reduce the same proportion of the deviation. The validity of the upstream-downstream hypothesis for the effect of internationalization in SOA was confirmed by comparing the results for US companies. Thus, the phenomenon of internationalization increases SOA when companies are from less stable markets, such as Brazil; and it has a less significcative effect when companies are derived from more stable markets, because they already have a high speed of adjustmennt. In addition, the adequacy analysis of the estimators also showed the model pooled OLS (Ordinary Least Squares) presents the highest quality in predicting the SOA than the system GMM (Generalized Method of Moments). For future studies it is suggested to analyze the effect of international event, by itself, and to validate the hypothesis using samples of different markets and the use of other estimators.