Biografias e liberdade de expressão: critérios legitimadores frente à tutela da personalidade humana

Na presente tese, aborda-se o tema das biografias no Brasil a partir da premissa de que, tanto no plano legislativo quanto no plano jurisprudencial, as decisões nessa matéria não vêm encontrando respaldo na melhor interpretação constitucional em prol da dignidade da pessoa humana. De modo a compatibilizar os valores em conflito nessa espécie narrativa, propõem-se parâmetros decisórios para que escritores, editores, juízes e sociedade saibam, com um grau razoável de segurança, o que conduz uma biografia ao merecimento de tutela no ordenamento jurídico pátrio. Nesse percurso, examinam-se a ilicitude e a licitude na produção de tais registros de vidas, sem perder de vista que os casos mais difíceis se situam equidistantes de tais balizas, ora pendendo para a afirmação da liberdade de expressão, ora para a proteção dos direitos da personalidade. Identificaram-se, neste estudo, que tem como antecedente o afastamento de qualquer abordagem que redunde na funcionalização da pessoa em razão da narrativa histórica ou da criação literária, dois parâmetros: um primeiro parâmetro de qualificação e um segundo parâmetro de legitimação das biografias. Ambos não se limitam à análise das biografias ditas não autorizadas, as quais configuram verdadeira forma de censura prévia na forma como disciplinado no art. 20 do CCb. Construiu-se, assim, inicialmente, uma definição (conceito) de biografia, tendo em conta uma leitura multidisciplinar e uma análise tanto estrutural quanto funcional dessa figura para, em um segundo momento, apresentarem-se os critérios de ponderação para fins de merecimento de tutela de tais obras no contexto da cultura jurídica brasileira.

Por um constitucionalismo difuso: cidadãos, movimentos sociais e o significado da Constituição

O presente trabalho se propõe a analisar se e de que modo as pessoas comuns participam da definição do significado constitucional. Busca-se questionar o senso comum jurídico segundo o qual as instituições estatais, e mais especificamente o Judiciário, seriam os responsáveis por definir o sentido da Constituição. Para tanto, são retomados alguns debates já presentes no Direito Constitucional que sugerem essa participação: o debate alemão acerca da Constituição de Weimar de 1919 e a discussão contemporânea sobre constitucionalismo popular nos Estados Unidos. Nesse sentido, analisa-se o papel dos movimentos sociais no processo de construção do sentido constitucional, destacando sua atuação institucional e extrainstitucional, a qual pode ser apreendida por meio de institutos jurídicos como a desobediência civil e a mutação constitucional. A partir desse arcabouço teórico, empreende- se a análise da trajetória do movimento LGBT no Brasil, destacando-se sua interação com as instituições estatais, os contramovimentos e a Constituição. A partir dessa análise, conclui-se pela desejabilidade de um constitucionalismo difuso, justificado com base nas ideias de democracia, renovação da Constituição, empoderamento das pessoas comuns e script para transformação.

Age determination and growth of the night shark (Carcharhinus signatus) off the northeastern Brazilian coast

Age and growth of the night shark (Carcharhinus signatus) from areas off northeastern Brazil were determined from 317 unstained vertebral sections of 182 males (113–215 cm total length [TL]), 132 females (111.5–234.9 cm) and three individuals of unknown sex (169–242 cm). Although marginal increment (MI) analysis suggests that band formation occurs in the third and fourth trimesters in juveniles, it was inconclusive for adults. Thus, it was assumed that one band is formed annually. Births that occur over a protracted period may be the most important source of bias in MI analysis. An estimated average percent error of 2.4% was found in readings for individuals between two and seventeen years. The von Bertalanffy growth function (VBGF) showed no significant differences between sexes, and the model derived from back-calculated mean length at age best represented growth for the species (L∞=270 cm, K=0.11/yr, t0=–2.71 yr) when compared to the observed mean lengths at age and the Fabens’ method. Length-frequency analysis on 1055 specimens (93–260 cm) was used to verify age determination. Back-calculated size at birth was 66.8 cm and maturity was reached at 180–190 cm (age 8) for males and 200–205 cm (age ten) for females. Age composition, estimated from an age-length key, indicated that juveniles predominate in commercial catches, representing 74.3% of the catch. A growth rate of 25.4 cm/yr was estimated from birth to the first band (i.e. juveniles grow 38% of their birth length during the first year), and a growth rate of 8.55 cm/yr was estimated for eight- to ten-year-old adults.

Prevalence of Asthma Symptoms and Associated Factors in Schoolchildren from Brazilian Amazon Islands

Objectives. To determine the prevalence of asthma symptoms among schoolchildren living on two different Brazilian Amazon islands and to identify the risk factors related to this condition. Methods. A cross-sectional study of 400 schoolchildren (5-8 years old) using written questionnaires produced by the International Study of Asthma and Allergies in Childhood, a skin prick test (allergic sensitization), and a stool examination (for helminthic infection). Nonparametric tests were carried out, and the risk factors were identified by logistic regression. Results. the prevalence of active asthma symptoms was markedly higher in children living on Outeiro Island (OI) than those living on Comb Island (CBI) (30.5% and 16.5%, respectively). the logistic regression identified several risk factors of asthma symptoms on CBI: parental history of asthma, night coughing in the past year, and currently have a cat. On OI, the major risk factors were parental history of asthma, personal history of eczema, having two or more older siblings, and night coughing in the past year. the risk factors in common on both the islands were night coughing in the past year and parental history of asthma. Conclusions. the prevalence of asthma symptoms was higher in those with a lifestyle closer to that observed in urban areas (i.e., better sanitation and hygiene), reinforcing the protective effect of a rural environment. Different risk factors were associated with asthma symptoms in schoolchildren living on OI and on CBI. This fact may reflect the environmental individuality and particularities of each island.

Water-based exercise for adults with asthma

BackgroundAsthma is a common condition characterised by airway inflammation and airway narrowing, which can result in intermittent symptoms of wheezing, coughing and chest tightness, possibly limiting activities of daily life. Water-based exercise is believed to offer benefits for people with asthma through pollen-free air, humidity and effects of exercise on physical function.ObjectivesTo evaluate the effectiveness and safety of water-based exercise for adults with asthma.Search methodsWe searched the Cochrane Airways Group Specialised Register of Trials (CAGR), the Cochrane Central Register of Controlled Trials (CENTRAL), MEDLINE, EMBASE, the Cumulative Index to Nursing and Allied Health Literature (CINAHL), the Allied and Complementary Medicine Database (AMED), PsycINFO, the Latin American and Caribbean Health Science Information Database (LILACS), the Physiotherapy Evidence Database (PEDro), the System for Information on Grey Literature in Europe (SIGLE) and Google Scholar on 13 May 2014. We handsearched ongoing clinical trial registers and meeting abstracts of the American Thoracic Society (ATS), the European Respiratory Society (ERS) and the British Thoracic Society (BTS).Selection criteriaWe included all randomised controlled trials (RCTs) of adults with asthma comparing a water-based exercise group versus one or more of the following groups: usual care, land-based exercise, non-exercise.Data collection and analysisTwo review authors (AJG, VS) independently extracted data fromthe primary studies using a standard form developed for this purpose, which includes methods, participants, interventions and outcomes. We contacted trial authors to request additional data. Data were input by one review author and were double-checked by a second review author.Main resultsIn this systematic review, we provide a narrative synthesis of available evidence from three small studies including 136 adult participants. the studies were at high risk of bias. No meta-analysis was possible because of methodological and interventional heterogeneity between included studies. the primary outcomes of quality of life and exacerbations leading to use of steroids were not reported by these studies. for exacerbations leading to health centre/hospital visits, uncertainty was wide because a very small number of events was reported (in a single study). Secondary outcomes symptoms, lung function, changes in medication and adverse effects, where available, described for each included study. the overall quality of the studies was very low, and no clear differences were noted between water-based exercise and comparator treatments. Therefore, we remain very uncertain about the effects of water-based exercise for adults with asthma.Authors' conclusionsThe small number of participants in the three included studies, the clinical and methodological heterogeneity observed and the high risk of bias assessed mean that we are unable to assess the place of water-based exercise in asthma. Randomised controlled trials are needed to assess the efficacy and safety of water-based exercise for adults with asthma. for future research, we suggest greater methodological rigour (participant selection, blinding of outcome assessors, reporting of all outcomes analysed and registering of the study protocol).

Health-Related Quality of Life for individuals with hepatitis C: A narrative review.

BACKGROUND The assessment of Health-Related Quality of Life (HRQoL) in hepatitis C (HCV) infected individuals continues to gain importance. However, rarely do reviews of this literature consider quantitative and qualitative accounts of HRQoL collectively, which only allows partial insight into the topic. This narrative review aims to address this gap in the literature. METHODS Literature searches were conducted using seven databases with two separate search strategies, and results assessed for eligibility using specific inclusion/exclusion criteria; a data extraction sheet was used to identify the dominant themes for each research paradigm which were then distilled to key findings to construct the narrative. RESULTS Quantitative investigation reveals a low HRQoL in individuals with HCV due to a complex multifactorial cause. During treatment for HCV, a further transient reduction is observed, followed by improvement if a sustained virological response is achieved. Qualitative data provide a recognisable voice to the everyday challenges experienced by individuals with HCV including insights into diagnosis and stigmatisation, contextualising how a reduced HRQoL is experienced day-to-day. Methodological limitations of these findings are then discussed. Much of the quantitative data has little relevance to current substance users as they are excluded from most trials, and appraisal of the qualitative literature reveals a marked difference in the lived experience of HCV infected current substance users and that of other HCV groups. CONCLUSION Concurrent analysis of quantitative and qualitative paradigms provides a deeper understanding of the true burden of HCV illness on HRQoL. Greater utilisation of qualitative research within international clinical guidelines is likely to be of benefit in identifying relevant HRQoL outcomes for substance users.

Metlakahtla : a true narrative of the red man / by George T.B. Davis.

http://www.archive.org/details/metlakahtltruena00davirich

Wonders in the western isles, being a narrative of the commencement and progress of mission work in western Polynesia.

http://www.archive.org/details/wondersofwestern00murruoft

Christian Witness on the Plateau Vivarais-Lignon: Narrative, Nonviolence, and the Formation of Character

This dissertation analyzes the theological and ethical convictions that led the people of the Plateau Vivarais-Lignon to shelter thousands of refugees between 1939 and 1945. It does so by examining the themes of narrative identity, hospitality, character formation, nonviolence, and the contextual witness of church tradition. Though a number of studies have been published about the rescue activity in this region of France during World War II, none have thoroughly analyzed the theological nature of this activity. Using the Plateau Vivarais-Lignon as a case study in theological ethics, the dissertation draws on historical sources as well as the work of contemporary theologians and ethicists to understand, interpret, and analyze the witness of this community. After situating its rescue and resistance work within the Huguenot narrative of persecution and exile, I examine the theological convictions of the Reformed pastor of Le Chambon-sur-Lignon, André Trocmé, who played a key role in making the Plateau a place of refuge during the Holocaust. The study highlights the importance of narrative in the actions of this community and discusses the relationship between narrative, character, and ethics. It then examines the nonviolent commitments of key leaders of the rescue effort, using this analysis as a springboard to engage in broader theological reflection about the ethics of nonviolence. After examining the radical hospitality practiced on the Plateau in light of biblical narratives and Reformed history, I investigate the counter-cultural nature of Christian hospitality. The study concludes by analyzing the nature and witness of the church in light of the legacy of the Plateau Vivarais-Lignon. The dissertation suggests that increased academic and ecclesial attention be given to the relationship between narrative and character, the counter-cultural shape of Christian hospitality, and the active nature of nonviolence. It presents an in-depth analysis of the theological and ethical convictions of the people of the Plateau Vivarais-Lignon, arguing that their witness has ongoing significance for communities of faith as they grapple with how to form disciples, relate to the wider society, welcome strangers, and communicate God's shalom in a world of violence.

Becoming a father of a child with an intellectual disability- a narrative inquiry of Irish fathers’ stories

Background: This thesis explored men’s experiences of becoming a father of a child with an intellectual disability in the early years. In Ireland, it is estimated that there are almost 97% (n= 9,914) children with intellectual disabilities living at home in the care of parents, siblings, relatives or foster parents. While mothers and fathers are the primary caregivers, mothers’ experiences are well documented in comparison to the dearth of reports on fathers’ experiences. This descriptive narrative study aims to redress this gap in knowledge and understanding of men’s experiences of becoming a father of a child with an intellectual disability in the early years. Method: Narrative inquiry was employed for this study as it allows stories told by fathers to be collected as a means of exploring men’s transition to becoming a father of a child with an intellectual disability. A sample of 10 fathers of children with intellectual disabilities aged between thirteen months and five years of age were recruited from a large intellectual disability Health Service Provider (HSP) in the South of Ireland. Data were collected through semi-structured interviews which were audio-recorded, transcribed, and analysed using a narrative thematic approach. Findings: Findings are presented in four themes: i) ‘becoming a father’, ii) ‘something wrong with my child’, iii) ‘entering the world of disability’ and iv) ‘living a different life’. For all 10 fathers the time of being told that their child had an intellectual disability was laden with negative emotional responses irrespective of whether the diagnosis was at birth or more gradual over the child’s early developmental period. When fathers found out that ‘something was wrong’ they spoke of ‘moving on’ and entering the world of disability. In their narratives, becoming the father of a child with an intellectual disability had changed their lives and would inevitably change their futures. Fathers’ positivity was clearly evident with many fathers identifying that the diagnosis of their child with an intellectual disability was not a life ending event but rather a life changing event. Conclusions: Healthcare professionals have a critical role in supporting fathers during the transition to becoming a father of a child with an intellectual disability. Factors which require consideration include recognising that each father’s experience is unique; that fathers require support; and that fathers achieve personal growth because of their experiences of their transition to becoming a father of a child with an intellectual disability in the early years.