A lealdade processual na prestação jurisdicional: em busca de um modelo de juiz leal

A presente Tese aborda o tema do efetivo reconhecimento do princípio da lealdade processual à prestação jurisdicional, com as consequências daí decorrentes. Como se trata de um novo modo de se observar a lealdade processual (que, historicamente, tem sido desenvolvida por doutrina e jurisprudência basicamente sob o prisma das partes e, quando, muito de seus procuradores), fez-se necessário desenvolver, em uma primeira parte do trabalho, as premissas teóricas que pudessem dar sustentabilidade ao tema, em particular a constitucionalização do direito processual, as novas feições da jurisdição como implementadora dos direitos fundamentais e a inserção da cláusula geral da lealdade processual, com os respectivos corolários. A segunda parte da Tese, por seu turno, traça parâmetros para a tentativa de definição daquilo que se alcunhou um novo modelo de juiz, a partir de uma necessária revisitação das tradicionais garantias associadas à prestação jurisdicional e à própria magistratura. Nesse propósito, foram elencados, como elementos indispensáveis à configuração de um juiz leal, o contraditório participativo, a cooperação processual e a gestão processual. Na terceira e última parte, após breve estudo das teorias do abuso do direito, foram levantadas algumas hipóteses de abusos jurisdicionais, até mesmo para que, ainda que a contrario sensu, fosse possível se aproximar do já mencionado juiz leal. Por fim, foram investigadas as sanções processuais cabíveis aos magistrados atualmente existentes no ordenamento jurídico pátrio, e propostas algumas sugestões (de lege lata e de lege ferenda) na expectativa de se melhorar as formas de combate aos abusos citados e, principalmente, respeitar-se o processo justo.

Topic 1. Some steric-height features of the water off the Pacific coast of Canada; Topic 2. Possible warming of the water at station P in the northeast Pacific during 1956-1984 [abstract]

TOPIC 1: In terms of seasonal scale, temperature effect dominates the annual change of steric height in the open ocean whereas salinity effect controls it along the continental shelf. Large portion of the annual change of height relative to the 1000-db surface is contained in the upper 100m layer. However, in interannual scale large anomalies of steric height in the open ocean, are more often than not, caused by halosteric rather than thermosteric effect. At least in the open ocean the heights are almost totally determined by the behavior of deep water. Their interannual variability appears to be related to the cumulative effect of Eckman pumping. TOPIC 2: There is a "trend" that over the past 28 years the water at Station P has warmed. Least-square analysis indicates that this warming may be significant but shortening of the time-series data by approximately 10 years fails to show that this is the case. These "trends" have to be interpreted with care. The warming may be "apparent" in that it is not indicated clearly in the deep isopynal surfaces which, during the above period, have deepened. Thus warming at the isobaric surfaces may be the effect of the downward migration of the isopynal surfaces.

Evaluation of the economic costs and benefits of methods for reducing nutrient loads to the Gulf of Mexico: Topic 6 Report for the Integrated Assessment on Hypoxia in the Gulf of Mexico.

In this report we analyze the Topic 5 report’s recommendations for reducing nitrogen losses to the Gulf of Mexico (Mitsch et al. 1999). We indicate the relative costs and cost-effectiveness of different control measures, and potential benefits within the Mississippi River Basin. For major nonpoint sources, such as agriculture, we examine both national and basin costs and benefits. Based on the Topic 2 economic analysis (Diaz and Solow 1999), the direct measurable dollar benefits to Gulf fisheries of reducing nitrogen loads from the Mississippi River Basin are very limited at best. Although restoring the ecological communities in the Gulf may be significant over the long term, we do not currently have information available to estimate the benefits of such measures to restore the Gulf’s long-term health. For these reasons, we assume that measures to reduce nitrogen losses to the Gulf will ultimately prove beneficial, and we concentrate on analyzing the cost-effectiveness of alternative reduction strategies. We recognize that important public decisions are seldom made on the basis of strict benefit–cost analysis, especially when complete benefits cannot be estimated. We look at different approaches and different levels of these approaches to identify those that are cost-effective and those that have limited undesirable secondary effects, such as reduced exports, which may result in lost market share. We concentrate on the measures highlighted in the Topic 5 report, and also are guided by the source identification information in the Topic 3 report (Goolsby et al. 1999). Nonpoint sources that are responsible for the bulk of the nitrogen receive most of our attention. We consider restrictions on nitrogen fertilizer levels, and restoration of wetlands and riparian buffers for denitrification. We also examine giving more emphasis to nitrogen control in regions contributing a greater share of the nitrogen load.

Effects of reducing nutrient loads to surface waters within the Mississippi River Basin and the Gulf of Mexico: Topic 4 Report for the Integrated Assessment on Hypoxia in the Gulf of Mexico

The overall goal of this assessment was to evaluate the effects of nutrient-source reductions that may be implemented in the Mississippi River Basin (MRB) to reduce the problem of low oxygen conditions (hypoxia) in the nearshore Gulf of Mexico. Such source reductions would affect the quality of surface waters—streams, rivers, and reservoirs—in the drainage basin itself, as well as nearshore Gulf waters. The task group’s work was divided into addressing the effects of nutrient-source reductions on: (1) surface waters in the MRB and (2) hypoxia in the Gulf of Mexico.

Flux and sources of nutrients in the Mississippi-Atchafalaya River Basin: Topic 3 Report for the Integrated Assessment on Hypoxia in the Gulf of Mexico.

Ths report addresses the following two questions: 1) What are the loads (flux) of nutrients transported from the Mississippi-Atchafalaya River Basin to the Gulf of Mexico, and where do they come from within the basin? 2) What is the relative importance of specific human activities, such as agriculture, point-source discharges, and atmospheric deposition in contributing to these loads? These questions were addressed by first estimating the flux of nutrients from the Mississippi-Atchafalaya River Basin and about 50 interior basins in the Mississippi River system using measured historical streamflow and water quality data. Annual nutrient inputs and outputs to each basin were estimated using data from the National Agricultural Statistics Service, National Atmospheric Deposition Program, and point-source data provided by the USEPA. Next, a nitrogen mass balance was developed using agricultural statistics, estimates of nutrient cycling in agricultural systems, and a geographic information system. Finally, multiple regression models were developed to estimate the relative contributions of the major input sources to the flux of nitrogen and phosphorus to the Gulf of Mexico.

Ecological and economic consequences of hypoxia: Topic 2 Report for the Integrated Assessment on Hypoxia in the Gulf of Mexico

In this report we have attempted to evaluate the ecological and economic consequences of hypoxia in the northern Gulf of Mexico. Although our initial approach was to rely on published accounts, we quickly realized that the body of published literature deahng with hypoxia was limited, and we would have to conduct our own exploratory analysis of existing Gulf data, or rely on published accounts from other systems to infer possible or potential effects of hypoxia. For the economic analysis, we developed a conceptual model of how hypoxia-related impacts could affect fisheries. Our model included both supply and demand components. The supply model had two components: (1) a physical production function for fish or shrimp, and (2) the cost of fishing. If hypoxia causes the cost of a unit of fishing effort to change, then this will result in a shift in supply. The demand model considered how hypoxia might affect the quality of landed fish or shrimp. In particular, the market value per pound is lower for small shrimp than for large shrimp. Given the limitations of the ecological assessment, the shallow continental shelf area affected by hypoxia does show signs of hypoxia-related stress. While current ecological conditions are a response to a variety of stressors, the effects of hypoxia are most obvious in the benthos that experience mortality, elimination of larger long-lived species, and a shifting of productivity to nonhypoxic periods (energy pulsing). What is not known is whether hypoxia leads to higher productivity during productive periods, or simply to a reduction of productivity during oxygen-stressed periods. The economic assessment based on fisheries data, however, failed to detect effects attributable to hypoxia. Overall, fisheries landings statistics for at least the last few decades have been relatively constant. The failure to identify clear hypoxic effects in the fisheries statistics does not necessarily mean that they are absent. There are several possibilities: (1) hypoxic effects are small relative to the overall variability in the data sets evaluated; (2) the data and the power of the analyses are not adequate; and (3) currently there are no hypoxic effects on fisheries. Lack of identified hypoxic effects in available fisheries data does not imply that effects would not occur should conditions worsen. Experience with other hypoxic zones around the globe shows that both ecological and fisheries effects become progressively more severe as hypoxia increases. Several large systems around the globe have suffered serious ecological and economic consequences from seasonal summertime hypoxia; most notable are the Kattegat and Black Sea. The consequences range from localized loss of catch and recruitment failure to complete system-wide loss of fishery species. If experiences in other systems are applicable to the Gulf of Mexico, then in the face of worsening hypoxic conditions, at some point fisheries and other species will decline, perhaps precipitously.

Characterization of Hypoxia: Topic I Report for the Integrated Assessment on Hypoxia in the Gulf of Mexico

Nutrient overenrichment from human activities is one of the major stresses affecting coastal ecosystems. There is increasing concern in many areas around the world that an oversupply of nutrients from multiple sources is having pervasive ecological effects on shallow coastal and estuarine areas. These effects include reduced light penetration, loss of aquatic habitat, harmfid algal blooms, a decrease in dissolved oxygen (or hypoxia), and impacts on living resources. The largest zone of oxygen-depleted coastal waters in the United States, and the entire western Atlantic Ocean, is found in the northern Gulf of Mexico on the Louisiana-Texas continental shelf. This zone is influenced by the freshwater discharge and nutrient flux of the Mississippi River system. This report describes the seasonal, interannual, and long-term variability in hypoxia in the northern Gulf of Mexico and its relationship to nutrient loading. It also documents the relative roles of natural and human-induced factors in determining the size and duration of the hypoxic zone.

hyo-xtm: a set of hyper-graph operations on xml topic map toward knowledge management

Knowledge management is a critical issue for the next-generation web application, because the next-generation web is becoming a semantic web, a knowledge-intensive network. XML Topic Map (XTM), a new standard, is appearing in this field as one of the structures for the semantic web. It organizes information in a way that can be optimized for navigation. In this paper, a new set of hyper-graph operations on XTM (HyO-XTM) is proposed to manage the distributed knowledge resources.HyO-XTM is based on the XTM hyper-graph model. It is well applied upon XTM to simplify the workload of knowledge management.The application of the XTM hyper-graph operations is demonstrated by the knowledge management system of a consulting firm. HyO-XTM shows the potential to lead the knowledge management to the next-generation web.

Impact of the smoke-free workplace legislation on smoking behaviour, risk perception & stigmatisation

The Republic of Ireland became the first European country to implement nationwide smoke-free workplace legislation. Aims: To determine prevalence of smoking among bar workers and estimate the impact of the smoke-free workplace legislation on their smoking behaviour to that of a comparable general population sample. To approximate the influence of tobacco control measures on risk perception of second-hand smoke (SHS) among the general population. To explore the de-normalisation of smoking behaviour and the potential increased stigmatisation of smokers and their smoking. Methods: Prevalence estimates and behavioural changes were examined among a random sample of bar workers before and 1 year after the smoke-free legislation; comparisons made with a general population sub-sample. Changes in risk knowledge related to SHS exposure were based on general population data. Qualitative interviews were conducted among a purposive sample of smokers and non-smokers four years after the implementation of the legislation. Results: Smoking prevalence was extremely high among bar workers. Smoking prevalence dropped in bar workers and significantly among the general population 1 year post ban while cigarette consumption dropped significantly among bar workers. Disparity in knowledge between smokers and non-smoker of risk associated with SHS exposure reduced. Lack of understanding of the risk of ear infections in children posed by SHS exposure was notable. Evidence for advanced de-normalisation of smoking behaviour and intensification of stigma because of the introduction of the legislation was dependent on many factors, quality of smoking facilities played a key role. Conclusions: Ireland’s smoke-free legislation was associated with a drop in prevalence and cigarette consumption. Disparity in knowledge between smokers and non-smokers of the risk posed by SHS exposure reduced however the risk of ear infections in children needs to be effectively disseminated. The proliferation of ‘good’ smoking areas may diminish the potential to reduce smoking behaviour and de-normalise smoking.

Language legislation in Ireland and the United Kingdom: Exploring the gaps between theory and practice

The central objective in this thesis is to explore the gaps between the normative justifications advanced for language rights and language legislative protection and the effective realisation of those rights and legislative provisions in practice. This objective is achieved by examining the scope and application of language rights and legislative provisions within language legislation in Ireland and the United Kingdom. Drawing on Canadian jurisprudence advocating for language rights to be recognised as “purposeful”, the thesis considers the extent to which Ireland and the United Kingdom have limited the acceptance of positive obligations as they relate to the provision of language services in the public sphere. In arguing that language rights are distinct in nature, the thesis suggests that in order for language rights to be effectively realised, an approach to language rights and language legislation more generally must be underpinned by a substantive vision of equality, otherwise language rights and legislative provisions merely amount to symbolic recognition and vacuous rhetoric as opposed to being substantive and enabling rights and provisions. Having said that, the thesis also recognises and elucidates the practical difficulties that arise in the realisation of language rights and language legislative provisions and in doing so seeks to stimulate further dialogue about the nature and limits of language rights and language legislation.