O desafio constitucional da distribuição dos royalties de petróleo da bacia pré-sal para promoção de políticas públicas

The administrative model of the Brazilian State, based on regulation, strives, with the application of the efficiency principle and assessment of economical costs, to give a greater effectiveness to fundamental rights by implementing public policies.The objective of this work is to analyze the role of Oil royalties in the context of the Brazilian State, considering that, being an income gap, they might work as a device that promotes intra/intergenerational justice. By means of a correct and efficient distribution and application in the national region, the royalties constitute financial resources available for implementing public policies that intend to guarantee the fundamental rights; above all, with the discovery of the Pre-salt basin and the indisputable rise in the tax revenues arising from Oil exploration. In the making of this work, the theoretical-descriptive methodology is observed, grounded in a critical-reflexive analysis about Constitutional Law and Oil Law. This work analyzes the administrative model of the Brazilian State, the theory of costs of fundamental rights and the theoretical aspects about royalties, such as: the ethical and economical fundamentals, the distribution and destination of revenues, considering the oil exploration scenario before and after the discovery of the pre-salt basin. it is verified, with the present work, the importance of the creation of a new regulatory framework, and consequently the creation of a sovereign wealth fund, which arises to re-evaluate the application of the current norms of Oil revenue distribution. Still, it is imperative that the mechanisms for controlling the application of royalties are defined in detail, so that those can fully admit the objectives of intra/intergenerational justice. Furthermore, it is emphasized that this process should develop from the efficiency principle viewpoint, as well as the principle of reducing social and regional differences, given that the Oil revenues might be used to ensure fundamental social rights, by implementing public policies that are aligned with the development recommended by the Federal Constitution

Aplicação dos royalties de petróleo e a garantia constitucional do desenvolvimento sustentável

This paper aims to demonstrate the connection between the application of revenues from oil royalties, exhaustible, even if the long term, and the importance of attempting to the constitutional goal of ensuring the sustainable development, including proposals of regulation. It aims to clarify the constitutional goal of ensure that national development, pointing out its relationship with the right to an ecologically balanced environment, also constitutional provision, demonstrating its important role as a mandatory vector to the Brazilian government. Search the legal nature of the oil royalties and analyzes the regulatory framework of oil royalties, which included extensive legislation, sparse and controversial, a fact that hinders the work of hermeneutist. Pays attention to some international experiences about the application of oil royalties, aiming to establish parameters of other models that can be followed. Exposes the oil royalties as a revenue differentiated, because of its exhaustible character, so that, imperatively, should be used in productive investments, according to intergenerational equity and sustainable development. Proposes a special regulation for revenues from oil royalties with clear criteria for the use of resources, restrictions for its application, as well as controls and sanctions

Regulação do livre acesso no transporte de gás natural à luz da ordem econômica da Constituição de 1988

In the middle of modern social changes produced by globalization and capitalism, several markets have changed. States have left the direct coordination of these markets (chiefly public utility sector in the form of monopolies), introducing regulation in order to promote competition. These changes have affected natural gas industry by promoting competition as a key factor to the development and the increase of firms in this market. The regulatory reform of natural gas industry ocurred in EUA and Europe Union and it has produced its first results. In Brazilian context, Constitutional Amendment nbr. 09 and Federal Law nbr. 9.478/97 ( Petroleum Law ) opened the natural gas market to a broad range of private economic agents and they finished the monopoly over the industry before managed by Petrobras. The new regulatory framework of Brazilian natural gas industry has designed competition as a central element to the new form of managment of business and contractual relationships of this industry. Among the regulatory instruments, open access regulation in natural gas pipelines is directed to promote competition. The questions arised about its implementation in Brazilian context are studied in the present work, in which it is discussed the constitutional rules and principles are to be applied to the open access regulation within the theme of statal regulation of economy present in constitutional economic order

Minimal volume regulation after shrinkage of red blood cells from five species of reptiles

Red blood cells (RBCs) from most vertebrates restore volume upon hypertonic shrinkage and the mechanisms underlying this regulatory volume increase (RVI) have been studied extensively in these cells. Despite the phylogenetically interesting position of reptiles, very little is known about their red cell function. The present study demonstrates that oxygenated RBCs in all major groups of reptiles exhibit no or a very reduced RVI upon -25% calculated hyperosmotic shrinkage. Thus, RBCs from the snakes Crotalus durissus and Python regius, the turtle Trachemys scripta and the alligator Alligator mississippiensis showed no statistically significant RVI within 120 min after shrinkage, while the lizard Tupinambis merianae showed 22% volume recovery after 120 min. Amiloride (10(-4) M) and bumetanide (10(-5) M) had no effect on the RVI in T merianae, indicating no involvement of the Na(+)/H(+) exchanger (NHE) or the Na(+)/K(+)/2Cl(-) co-transporter (NKCC) or insentive transporters. Deoxygenation of RBCs from A. mississippiensis and T merianae did not significantly affect RVI upon shrinkage. Deoxygenation per se of red blood cells from T merianae elicited a slow volume increase, but the mechanism was not characterized. It seems, therefore, that the RVI response based on NHE activation was lost among the early sauropsids that gave rise to modern reptiles and birds, while it was retained in mammals. An RVI response has then reappeared in birds, but based on activation of the NKCC. Alternatively, the absence of the RVI response may represent the most ancient condition, and could have evolved several times within vertebrates. (C) 2008 Elsevier B.V. All rights reserved.

América Latina y el Caribe: la propiedad intelectual después de los tratados de libre comercio

Incluye Bibliografía

Trade, poverty and complementary policies in Latin America

Includes bibliography

New directions for public management

Includes bibliography

Regulating the private provision of drinking water and sanitation services

Includes bibliography

The banking supervision agenda in Latin America

Includes bibliography

Mercado de carbono: um estudo comparado entre Brasil, China e Índia

Coordenação de Aperfeiçoamento de Pessoal de Nível Superior (CAPES)

A constituição da profissionalização docente em creche: narrativas autobiográficas

Pós-graduação em Educação - FCT

Judicialização da regulação e perda da qualidade do fornecimento de energia elétrica em áreas periférica

Este estudo analisa os resultados da mudança na estrutura de regulação do serviço público de energia elétrica, implementada, no âmbito da Reforma do Estado, no final dos anos 1990. Foi comparada a qualidade do serviço de distribuição no fornecimento de energia elétrica de duas empresas que atuam no Norte do Brasil, uma pública, outra privada. A última, ao ser penalizada pela agência reguladora, recorreu, sistematicamente, à judicialização dos processos punitivos. Essa estratégia não foi observada na atuação da empresa pública. Tal possibilidade institucional decorre de as agências serem dependentes do Judiciário que opera sob lógica estruturalmente diferente da lógica gerencial. Concluiu-se que a judicialização enseja comportamentos baseados na procrastinação no âmbito do arcabouço regulatório dos serviços públicos, bloqueando a estratégia pública de regulação.

Manuais pedagógicos e programas de ensino: interpretações da Escola Nova sobre a prática de ensino na formação de professores (1946-1961)

Pós-graduação em Educação - IBRC

O rádio na educação brasileira

The scenario that outlines this research project is characterized by the centrality of ICT on society and the necessity of having them embedded on education, both face-to-face and distance learning. Amongst the available ICT, the medium radio has been chosen due to its popularity within Brazilian society, as well as its 90 years of initiatives applied on education. Although the radio seems to be historically useful to education, it has been supporting more conservative approaches, such as teaching centred practices, simplytransmitted lessons and assessment based on memorization. On the other hand, Brazilian educational system has been changed since the early 90s, and those reforms brought new challenges to the radio on education, such as training critical listeners, concerned citizens, people with aesthetic sensibility, ethical standards etc. Thus, a systematic assessment of the real educational possibilities of the radio is even more necessary. This research projectaims to retrieve the most prominent educational initiatives using the radio, connecting them to the Brazilian regulatory framework on Education. The methodology consists of desk research and official documents analyses.

A agenda da regulação da comunicação social no Brasil: da constituinte aos impasses contemporâneos

The paper analyzes the regulatory framework for the Media in Brazil in the Federal Constitution and the nexus between democratization and constitutional process, interpreting relevant actors (government, political parties, civil society) and figured as the themes of communication and institutional political agenda. The obstacles to the regulation of many of the statements remain constitutional (right of communication; seal monopolies / oligopolies; regionalization of cultural production; nationalist character in control of broadcasting; compatibility between segments state, public and commercial; Social Communication Council), that replaces debate on the very principle of the right to communication regulation by analyzing the corresponding decisionmaking processes. This conflictual agenda-setting involves multiple interests, from strictly commercial aspirations of companies operating in this market, going by the increasing share of religious institutions who also want to expand upon practices of proselytizing until the interests of policy makers who also have control over a slice of that business.