Increasing popular participation in the treaty-making process : the legislative process of Section 190 of the 2007 Constitution of Thailand

Historically, the authority to conclude international treaties was exclusively exercised by administrative bodies (or the chief of state). However, recent studies pointed out that the present legislative bodies have come to play a more active role through ratification or the review of treaties in European and American countries. Harrington (2005) studied judicial reform in British dominions and criticized the past executive-dominant treaty-making process as a “democratic deficit” due to a fear that under this system the nation might be bound by international agreements for which a consensus had not been obtained. These studies indicated that people’s participation in the treaty-making process has increased on a global basis, but neither of them provides sufficient descriptive evidence regarding why and how such procedures were established. The present paper therefore attempts to solve these questions by analyzing the legislative and political process of the treaty-making procedure reform in Thailand’s 2007 constitution as a case study.

A check list of legislative journals issued since 1937 by the States of the United States of America.

Micofilm reprint of the original edition.

The legislative process,

Supplement prepared by the Michigan Senate Fellows of 1964-65 and dated November 1964 (20 p.) inserted.

The offices of legislative clerks and secretaries in the States.

Mode of access: Internet.

Assessment of Occupational Genotoxic Risk among Brazilian Hairdressers

Objectives: To evaluate the genotoxic risk to hairdressers exposed daily to chemical substances such as hair dyes, waving and straightening preparations and manicurists` products by the Comet assay test (single-cell gel electrophoresis). Methods: The Comet assay was performed on blood samples from 69 female hairdressers (36.4 +/- 10.7 years old) currently employed in 21 different beauty institutes in Sao Paulo, Brazil, and on 55 female control blood donors (32.6 +/- 10.0 years old) from the Sao Paulo University Clinical Hospital blood bank. All the control subjects had occupations other than hairdresser. Comet assays were performed by evaluating 100 blood lymphocytes per individual and graded by visual score according to comet tail length. Results: The hairdressers showed a higher frequency of DNA damage revealed by Comet Score (159.8 +/- 71) when compared to the control group (125.4 +/- 64.1), and the difference was statistically significant by the Student`s t-test (P = 0.005). Multiple regression analysis showed that in addition to the hairdressers` profession, tobacco use contributed to the higher frequency of cells with comets (P < 0.05). Conclusions: The observed DNA damage could be associated with the hairdressers` occupational environment, where different chemicals are chronically manipulated and inhaled. Considering that this profession in many countries, including Brazil, is not officially regulated, more attention should focus on these professionals not only by legislative bodies but also by multidisciplinary teams able to develop and implement risk prevention and control strategies for chemical, physical and biological agents to which hairdressers are exposed.

Gobiernos minoritarios, pactos parlamentarios y producción legislativa en España

Este artículo centra su atención en la producción legislativa en los períodos de gobierno minoritario, a partir de la cual se deducen algunas características de los pactos parlamentarios que sustentan al ejecutivo. Los datos referentes a las iniciativas tramitadas en el legislativo indican que el partido que gobierna es el autor de la práctica totalidad de iniciativas aprobadas. Los partidos de la oposición apenas consiguen sacar adelante algunas proposiciones y enmiendas, siempre y cuando dispongan mejoras de carácter más bien técnico. Sin embargo, los partidos que apoyan al partido mayoritario sí llegan a ver sancionada alguna proposición suya de mayor calado político, así como enmiendan parcialmente las leyes de los presupuestos generales, por ejemplo. Con todo, de la producción legislativa se conocen más las iniciativas que separan a los integrantes de los pactos parlamentarios, que no las medidas acordadas. Las primeras no suelen ser sancionadas, pero sí son tramitadas porque sirven como herramienta de presión de los partidos que apoyan al gobierno; las segundas ya quedan incluidas en los proyectos de ley, fruto de una negociación previa a los trámites parlamentarios. En suma, según se desprende de los datos generales disponibles, la existencia de ejecutivos minoritarios no implica una pérdida significativa del protagonismo legislador del gobierno.

The scrutiny of the principle of subsidiarity by autonomous regional parliaments with particular reference to the participation of the Parliament of Catalonia in the early warning system

The purpose of this article is to offer a practical approach to the new European dimension for regional parliaments signified by the entry into force of the Treaty of Lisbon. The parliamentary scrutiny of subsidiarity by way of the early warning system has assigned a new mission to legislative assemblies with the aim of reinforcing the intervention of regions in the drafting of policies by Union institutions. In the Spanish case, the institutionalisation of this mechanism came about with Act nº 24/2009, which attributes to the Joint Committee for the European Union, in the name of the Cortes Generales [the Spanish Parliament], the function of receiving the proposals for legislative acts by the EU and transferring them to the regional parliaments in order for the latter to issue, in a brief period of four weeks, a report on compliance with the principle of subsidiarity. The majority of regional parliaments have also carried out normative reforms to regulate the procedure of participation in the early warning system.

Hydrometallurgical recovery of valuable metals from secondary raw materials

Wastes and side streams in the mining industry and different anthropogenic wastes often contain valuable metals in such concentrations their recovery may be economically viable. These raw materials are collectively called secondary raw materials. The recovery of metals from these materials is also environmentally favorable, since many of the metals, for example heavy metals, are hazardous to the environment. This has been noticed in legislative bodies, and strict regulations for handling both mining and anthropogenic wastes have been developed, mainly in the last decade. In the mining and metallurgy industry, important secondary raw materials include, for example, steelmaking dusts (recoverable metals e.g. Zn and Mo), zinc plant residues (Ag, Au, Ga, Ge, In) and waste slurry from Bayer process alumina production (Ga, REE, Ti, V). From anthropogenic wastes, waste electrical and electronic equipment (WEEE), among them LCD screens and fluorescent lamps, are clearly the most important from a metals recovery point of view. Metals that are commonly recovered from WEEE include, for example, Ag, Au, Cu, Pd and Pt. In LCD screens indium, and in fluorescent lamps, REEs, are possible target metals. Hydrometallurgical processing routes are highly suitable for the treatment of complex and/or low grade raw materials, as secondary raw materials often are. These solid or liquid raw materials often contain large amounts of base metals, for example. Thus, in order to recover valuable metals, with small concentrations, highly selective separation methods, such as hydrometallurgical routes, are needed. In addition, hydrometallurgical processes are also seen as more environmental friendly, and they have lower energy consumption, when compared to pyrometallurgical processes. In this thesis, solvent extraction and ion exchange are the most important hydrometallurgical separation methods studied. Solvent extraction is a mainstream unit operation in the metallurgical industry for all kinds of metals, but for ion exchange, practical applications are not as widespread. However, ion exchange is known to be particularly suitable for dilute feed solutions and complex separation tasks, which makes it a viable option, especially for processing secondary raw materials. Recovering valuable metals was studied with five different raw materials, which included liquid and solid side streams from metallurgical industries and WEEE. Recovery of high purity (99.7%) In, from LCD screens, was achieved by leaching with H2SO4, extracting In and Sn to D2EHPA, and selectively stripping In to HCl. In was also concentrated in the solvent extraction stage from 44 mg/L to 6.5 g/L. Ge was recovered as a side product from two different base metal process liquors with Nmethylglucamine functional chelating ion exchange resin (IRA-743). Based on equilibrium and dynamic modeling, a mechanism for this moderately complex adsorption process was suggested. Eu and Y were leached with high yields (91 and 83%) by 2 M H2SO4 from a fluorescent lamp precipitate of waste treatment plant. The waste also contained significant amounts of other REEs such as Gd and Tb, but these were not leached with common mineral acids in ambient conditions. Zn was selectively leached over Fe from steelmaking dusts with a controlled acidic leaching method, in which the pH did not go below, but was held close as possible to, 3. Mo was also present in the other studied dust, and was leached with pure water more effectively than with the acidic methods. Good yield and selectivity in the solvent extraction of Zn was achieved by D2EHPA. However, Fe needs to be eliminated in advance, either by the controlled leaching method or, for example, by precipitation. 100% Pure Mo/Cr product was achieved with quaternary ammonium salt (Aliquat 336) directly from the water leachate, without pH adjustment (pH 13.7). A Mo/Cr mixture was also obtained from H2SO4 leachates with hydroxyoxime LIX 84-I and trioctylamine (TOA), but the purities were 70% at most. However with Aliquat 336, again an over 99% pure mixture was obtained. High selectivity for Mo over Cr was not achieved with any of the studied reagents. Ag-NaCl solution was purified from divalent impurity metals by aminomethylphosphonium functional Lewatit TP-260 ion exchange resin. A novel preconditioning method, named controlled partial neutralization, with conjugate bases of weak organic acids, was used to control the pH in the column to avoid capacity losses or precipitations. Counter-current SMB was shown to be a better process configuration than either batch column operation or the cross-current operation conventionally used in the metallurgical industry. The raw materials used in this thesis were also evaluated from an economic point of view, and the precipitate from a waste fluorescent lamp treatment process was clearly shown to be the most promising.

Congress composition and electoral advantage

In 2003, an electoral reform changed the mechanism to assign seats in the Colombian Congress. I simulate the 2006 Senate elections using the previous assignment mechanism to determine which senators benefited from the reform, i.e. would have not been elected had the reform not been made. With the results of the simulation, I use a regression discontinuity design to compare the senators that would have been barely elected anyways with those who would have lost, but were near to be elected. I check the differences in the amount of law drafts presented, the attendance to voting sessions, and a discipline index for each senator as proxy of their legislative behavior. I find that the senators benefiting from the reform present a different legislative behavior during the 4-year term with respect to the senators that would have been elected anyways. Since the differential legislative behavior cannot be interpreted as being better (worse) politician, I examine if the behavioral difference gives them an electoral advantage. I find no difference in the electoral result of 2010 Senate election in terms of the probability of being (re)elected in 2010, the share of votes, the share of votes within their party list, and the concentration of their votes. Additionally, I check the probability of being investigated for links with paramilitary groups and I find no differences. The results suggest that political reforms can change the composition of governing or legislative bodies in terms of performance, but it does not necessarily translate into an electoral advantage.

Patients' understanding of risk associated with medication use: impact of European Commission guidelines and other risk scales

Patients want and need comprehensive and accurate information about their medicines so that they can participate in decisions about their healthcare: In particular, they require information about the likely risks and benefits that are associated with the different treatment options. However, to provide this information in a form that people can readily understand and use is a considerable challenge to healthcare professionals. One recent attempt to standardise the Language of risk has been to produce sets of verbal descriptors that correspond to specific probability ranges, such as those outlined in the European Commission (EC) Pharmaceutical Committee guidelines in 1998 for describing the incidence of adverse effects. This paper provides an overview of a number of studies involving members of the general public, patients, and hospital doctors, that evaluated the utility of the EC guideline descriptors (very common, common, uncommon, rare, very rare). In all studies it was found that people significantly over-estimated the likelihood of adverse effects occurring, given specific verbal descriptors. This in turn resulted in significantly higher ratings of their perceived risks to health and significantly lower ratings of their likelihood of taking the medicine. Such problems of interpretation are not restricted to the EC guideline descriptors. Similar levels of misinterpretation have also been demonstrated with two other recently advocated risk scales (Caiman's verbal descriptor scale and Barclay, Costigan and Davies' lottery scale). In conclusion, the challenge for risk communicators and for future research will be to produce a language of risk that is sufficiently flexible to take into account different perspectives, as well as changing circumstances and contexts of illness and its treatments. In the meantime, we urge the EC and other legislative bodies to stop recommending the use of specific verbal labels or phrases until there is a stronger evidence base to support their use.

O e-legislativo como ferramenta de transparência na administração pública brasileira

o trabalho tem como base uma revisão de literatura sobre o tema Governo Eletrônico, estando seu foco voltado para a sua utilização nas 27 assembléias legislativas estaduais do Brasil, no que diz respeito a sua utilização como ferramenta de transparência pública. Mais especificamente, a presente dissertação buscou mensurar o nível de transparência nos portais eletrônicos dessas assembléias legislativas. Para tal desiderato, foi necessário realizar uma pesquisa bibliográfica sobre o tema, que serviu de suporte literário para o devido embasamento das formulações e conclusões que foram apresentadas no decorrer do estudo. A mensuração do grau de transparência dos portais eletrônicos dos legislativos estaduais foi realizada a partir da aplicação de um método de mensuração de transparência eletrônica, com as devidas adaptações, a qual é utilizada pela organização não governamental, Monitor Legislativo, para a monitoração dos portais eletrônicos do legislativo do México, tendo como base a lei de transparência pública e acesso a informações públicas governamentais, hoje em vigor naquele país. Assim, o modelo levou em consideração a disponibilização de informações sobre: função administrativa; controle interno; trabalho legislativo; trabalho das comissões; concessões, permissões e contratos; arquivo histórico e serviços bibliotecários; e controles externos. A mensuração foi feita item a item, já apresentando um quadro da transparência por item. Não obstante, no final do trabalho foi apresentado um ranking geral da transparência eletrônica, no qual foram dispostas todas as assembléias legislativas estaduais com suas respectivas notas e nível de transparência correspondente. Por fim, os resultados da pesquisa foram correlacionados a outras variáveis, com o intuito de verificar se havia algum grau de relação entre as variáveis analisadas e a transparência eletrônica.

A participação do poder legislativo na definição das metas e prioridades do orçamento publico federal no periodo 1990/95

A elaboração do orçamento público é uma das mais importantes atribuições do Poder Legislativo nos países de regime democrático, não obstante a iniciativa das leis orçamentárias tenha se transferido para o Executivo. Atualmente, os papéis desempenhados pelos Poderes Executivo e Legislativo na elaboração do orçamento estão definidos nas constituições, onde se observa uma tendência ao equilíbrio entre os dois Poderes. A história do orçamento está intimamente associada ao poderio crescente dos parlamentos que passaram a reivindicar o direito de autorizar as receitas e dispor sobre as despesas públicas. O orçamento, introduzido primeiramente na Inglaterra, como um instrumento de controle político do Parlamento sobre a Coroa, e adotado pelos franceses e norte-americanos em suas lutas por liberdade, aos poucos, foi sendo utilizado pela maioria das nações. No Brasil, tomando-se por referência as constituições ao longo de sua história, a participação do Poder Legislativo na elaboração do orçamento caracterizou-se pela oscilação em termos do maior ou menor controle sobre as decisões orçamentárias. A Constituição Federal de 1 988 recuperou as prerrogativas do Congresso Nacional para dispor sobre matéria orçamentária que haviam sido retiradas na Constituição de 1 967. A Constituição trouxe importantes mudanças nesta área, entre elas a conclusão do processo de unificação orçamentária, a aprovação pelo Legislativo não só da lei orçamentária como dos novos instrumentos de planejamento (lei do plano plurianual e lei de diretrizes orçamentárias), a instituição de uma comissão mista permanente de Senadores e Deputados e a possibilidade de emendar os projetos de lei do Executivo. A lei de diretrizes orçamentárias, considerada uma das mais relevantes inovações introduzidas ao capítulo da Constituição que trata do orçamento público, foi concebida com o objetivo maior de permitir uma intervenção prévia do Poder Legislativo na elaboração do projeto de lei do orçamento, antecipando as decisões sobre as metas e prioridades a serem contempladas na elaboração orçamentária. Apesar dos novos instrumentos e do amplo poder de intervenção, no período de 1990 à 1995 a atuação do Legislativo no que diz respeito à definição de metas e prioridades ficou comprometida principalmente pela falta de vontade política para aprovar a Lei Complementar de Finanças Públicas e para implantar na comissão mista de orçamento uma estrutura e processos de funcionamento correspondentes ao novo papel que a Constituição reservou a esta comissão. A análise dos documentos e os depoimentos levantados mostraram que a atuação do Legislativo foi prejudicada também pela inexistência do planejamento governamental e pela deficiência dos projetos de lei do Executivo, que pouca atenção deram às metas e prioridades.

Capitalismo de estado e inovação: facetas da relação entre estado e iniciativa privada no desenvolvimento nacional

While countries managed to rapidly rise and recover economically, Brazilian social indicators have advanced at short pace in the last decades. Although millions of Brazilians have recently left poverty, Brazil still has a long way to go regarding its socioeconomic development. Circa one fifth of the population is still considered functionally illiterate, basic education has one of the poorest performances in the world, the country has no top-level universities nor produces technology or patents at relevant levels. This paper, at first, analyses how the interaction between government and private agents influenced Brazil’s industrial and economic development, identifying the existence of bonds based on the exchange of private interests that at great extension kept public policies from reaching goals of national interest – the so called crony capitalism. Secondly, the paper verifies how development policies based on the promotion of innovative companies and segments of the industry may positively impact broad socioeconomic development. The paper delves specifically into the cooperation between universities and industry as a development tool. Enterprises and universities, guided by their endogenous interests, may be combined for the structuring of a national innovation system. While universities are fundamentally interested in promoting knowledge accumulation, enterprises are willing to invest financial capital in universities in exchange for the economic exploitation of products developed within the academic environment and direct access to its human capital. Lastly, the paper identifies the legal and cultural barriers and advances of this mechanism in Brazil. It verifies that, notwithstanding the institutional advance promoted by the Law of Innovation to the university-enterprise cooperation in Brazil, the law wasn’t entirely capable of eliminating the legal uncertainty of this relationship and capturing in an efficient way the interests of the agents involved. Recently, federal law n. 12.863/2013 officially offered universities the option of bypassing problems related to public law by regulating support foundations, which conceives greater certainty and simplicity to the cooperation. There are, however, remaining uncertainties regarding the norms to be edited by the executive power, as well as conflicts of interest linked to the property rights over patents resulting from this kind of cooperation. The paper verifies, moreover, the existence of ideological resistance to this tool within universities, in such a way that it is unlikely that those relationships develop in a systematic way throughout the country without further engagement from the government and its executive and legislative bodies.

Do controle de constitucionalidade dos atos jurisdicionais transitados em julgado

The following study aims to verify in which hypothesis res judicata, when it comes of an unconstitutional decision, shall not prevail over Constitution. It displayed the characteristics of formal and material constitutional systems. It debated the concepts of existence, validity and efficacy of juridical rules and acts. It dissertated about the idea of Constitution s superiority and about the birth of the judicial review of constitutionality. It focused some contemporary models of this judicial review and its historical evolution in Brazil, showing its effects towards the current Constitution. It sustained that the decision given by Supremo Tribunal Federal during abstract control of rules must bind even legislative bodies, preventing them to produce the same rules previously declared unconstitutional. It held up that all parts of the decision of Supremo Tribunal Federal oblige, even the juridical arguments employed, in both diffused and concentrated reviews. It showed that, despite these models of review live together in Brazil, our constitutional system preferred the concentrated one, considering one only court over the other constitutional organs. It discussed about res judicata with the purpose of clarifying its juridical nature, its objective and subjective limits and its regulation in collective demands. It explained that the material res judicata is an effect of a decision which cannot be reviewed, which makes the law s will free of discussion, binding the contendants and avoiding that other courts, judging future demands about the same object, may decide differently. It showed how the regulation of res judicata in collective demands, in respect oh their subjective limits, is useful to demonstrate that it is not the material law who must adapt itself to res judicata as traditionally thought, but res judicata, as a warranty of juridical certainty and security, who must be shaped from the debated rule. It presented to view the main doctrinal conceptions about res judicata s review in the hypothesis of unconstitutional judgement. It concluded that the decisions forged by unconstitutional rules or interpretations reputed not compatible to the Constitution by Supremo Tribunal Federal, in spite of it can make res judicata, may be reviewed beyond the term to file a recissory claim, since while the debated law is still valid, no matter if its decision was before or after the res judicata. At the end, it asserted that, when it is not legally authorized, the judicial review of res judicata is not admissible, after the term to file a recissory claim, under the argument that there was no direct violation to the constitutional principle or rule