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.

Metal transfer mapping for FCAW process by using near-infrared filming

In the Flux Cored Arc Welding (FCAW) process, the transfer of filler metal (metal transfer modes) to the base material to accomplish the weld bead determines the weld quality and therefore studies of such phenomena is demanded. Thus, in this work, the metal transfer through the FCAW process is investigated by filming the phenomena with the assist of near infrared visualization. During the literature survey, it was found that this technic has not been used so far for analyzing the FCAW process. It must be pointed out that the radiation emitted from the weld arc, fumes and particles (spattering) in this process represent a barrier for these studies based in the process visualization. The monitoring of metal transfer for FCAW process was carried out within the operational envelope of voltage and wire feed speed with the electrode E71T-1 (1.2 mm diameter) and Ar+25%CO2 as a shielding gas. A local developed near infrared filming with frame rate of 300 Hz was employed for metal transfer visualization in order to contribute to a better understanding of this process and evaluating characteristics of metal transfer, unlike previous studies, which used shadowgraph technique. It can clearly be seen how the droplet is created and transferred in this process and also identify the different modes of metal transfer by changing the parameters of voltage and wire feed speed in metal transfer maps. The final result of this study is the metal transfer mode maps, which establish suitable conditions and provide the basis for developing arc control strategies for the FCAW process.