Os crimes de mídia no paradigma democrático constitucional

The criminal responsibility of the media is analyzed when the criteria for production of news and events involving public safety are produced without considering the technical, legal and ethical practice of journalism in the media factors. Freedom of speech, expression of thought, necessary for professional qualifications and constitutional limits, reaching criminal constitutional principles and the possibilities of criminal liability for offenses practiced in the media are present as key factors legal dialogue in this work. The judgment of the Supreme Court on the unconstitutionality of Law nº. 5.250/67 called Media Law caused a gap in the national legal system, forcing the use of the criminal code to address issues that involve crimes produced in media professional performance. The presumption of innocence is ignored by the professional media during a police investigation where the information published does not respect, including constitutional guarantees: the right to privacy, honor and image. The right to information and the duty to inform media are worked in its constitutional aspect, considering that the same information should be produced is guided by the quality and guiding principles of truth. The constitutional concept of media is presented as information with the appropriate language of the news media, produced and disseminated through the vehicles of mass media, whether in print or digital platform. The presented model of the legal right to information is outlined from a constitutional hermeneutics, increasing the production of news as a result of the occupation of journalist in different news platforms, guaranteeing the quality of this prolific law. Under the Freedom of professional activity of the journalist, the constitutional limits are addressed in line with the reality of (non) regulation of their profession, considering the constitutional abuses committed in the exercise of that activity linked to communication fences. Jusphilosophic field reaches the limits of the duty of truth in journalism as a tool for spreading news, respect the audience and compatibility with the constitutional state. Using the conceptual and doctrinal aspects, this criminal offense is parsed from the journalistic practice and the publication of news involving public safety, with the hypothetical field consummation of that crime through the eventual intention. As a form of judgment against these crimes produced in honor media presents the court of the jury as a legitimate form of democratic decision

O direito fundamental contra a autoincriminação: a análise a partir de uma teoria do Processo Penal Constitucional

The right against self-incrimination is a fundamental right that works in the criminal prosecution, and therefore deserves a study supported by the general theory of criminal procedure. The right has a vague origin, and despite the various historical accounts only arises when there is a criminal procedure structured that aims to limit the State´s duty-power to punish. The only system of criminal procedure experienced that reconciles with seal self-incrimination is the accusatory model. The inquisitorial model is based on the construction of a truth and obtaining the confession at any cost, and is therefore incompatible with the right in study. The consecration of the right arises with the importance that fundamental rights have come to occupy in the Democratic Constitutional States. In the Brazilian experience before 1988 was only possible to recognize that self-incrimination represented a procedural burden for accused persons. Despite thorough debate in the Constituent Assembly, the right remains consecrated in a textual formula that´s closer to the implementation made by the Supreme Court of the United States, known as "Miranda warnings", than the text of the Fifth Amendment to the U.S. Constitution that established originally the right against self-incrimination with a constitutional status. However, the imprecise text does not prevent the consecration of the principle as a fundamental right in Brazilian law. The right against self-incrimination is a right that should be observed in the Criminal Procedure and relates to several of his canons, such as the the presumption of not guilty, the accusatory model, the distribution of the burden of proof, and especially the right of defense. Because it a fundamental right, the prohibition of self-incrimination deserves a proper study to her constitutional nature. For the definition of protected persons is important to build a material concept of accused, which is different of the formal concept over who is denounced on the prosecution. In the objective area of protection, there are two objects of protection of the norm: the instinct of self-preservation of the subject and the ability to self-determination. Configuring essentially a evidence rule in criminal procedure, the analysis of the case should be based on standards set previously to indicate respect for the right. These standard include the right to information of the accused, the right to counsel and respect the voluntary participation. The study of violations cases, concentrated on the element of voluntariness, starting from the definition of what is or is not a coercion violative of self-determination. The right faces new challenges that deserve attention, especially the fight against terrorism and organized crime that force the development of tools, resources and technologies about proves, methods increasingly invasive and hidden, and allow the use of information not only for criminal prosecution, but also for the establishment of an intelligence strategy in the development of national and public security

Hermenêutica constitucional e fficácia dos Direitos Sociais

The present research has, as general objective, to seek a constitucional hermeneutics directed toward the improvement of the efficacy of the social rights rules, with the purpose to solve the elapsins problems from the general picture of its inefficiency, which are disposed on the Constitution, in its ample majority, as mere regular norms. Leaving of the premise that no Constitutional norm can be without being materialized and the true development of the State is it the social one (based on the principles of freedom, equality and solidarity), it will be demonstrated that the arguments in favor of the legislative inefficiency configure a true blow on the Democratic State of Brazilian Law. For this, it will be done, preliminarily, a study of the basic rights, legal category where it is found the social rights. To follow, it will be analyzed the hermeneutics of the legal norms, with emphasis on the specifics of the constitutional hermeneutics and its methods of interpretation. Finally, the aspect on the improvement of efficacy and the effectiveness of the social rights will be studied, through a new readind of certain dogmas that still persist in the legal world, being distinguished the institutiones of the reserve of the possible and the existential minimum. Ahead of this, after verifying the new paradigmas of the interpretable activity, will be demonstrated how it is possible to get an upgrade on the effectiveness of the social rights

Inclusão de estudantes com deficiência nas instituíções de ensino superior da cidade do Natal/RN:análise das condições oferecidas no processo seletivo vestibular

The number of disabled students, who have entered the university, in Brazil, since the beginning of this century, is undergoing a speed growth. It is a change that follows a global trend that spreads an inclusive education policy and that has had a profound impact on Brazil, with import results in field researches. This subject has been highlighted due to the significant amount of disabled students enrolled in college institutions (IES), although it is still modest the number of studies about it, especially in what matters the assistance given to the candidates to a university entrance examination. The aim of this paper is to investigate how effectively Natal s IES apply the rules established in Brazilian law concerning disabled students, especially MEC/GM Circular Warning n. 277/96, in what respects the conditions given to disabled students preparing to enter a college. The investigation followed a qualitative methodological approach with support on an exploratory study. The data recollection employed questionnaire, semi-structured interview and documental analyses, and the data have been organized and assessed following Minayo s (1996) stages. What concerns the results, it was observed that none of the ten colleges inquired confirmed to possess places exclusively to disabled candidates; six of them, however, offer Special Examining Board in the selection process of disabled candidates. Among eighteen college bills, only two of them offered specific information related to services and resources offered by IES to the candidates who ask for especial assistance concerning examination. During the interviews, four managers avowed the preoccupation in offering an equal selection process, but two of them proved not dominate the subject. In conclusion, the investigated institutions managers do not still seem to respect the rule that guarantees to disabled candidates equal conditions during all the process of the university entrance examination. With this work, we hope do help changing this focus and contribute to new studies on disabled persons studying for a degree

A intervenção do poder judiciário no acesso a medicamentos no Rio Grande do Norte: uma análise sob a ótica das políticas nacionais de medicamento e de assistência farmacêutica

The present study aimed to evaluate the inclusion of the principles of the National Medicines Policy - PNM and the Pharmaceutical assistance - PNAF in the prosecution of lawsuits involving medicines. To fulfill this necessity , data collection was performed on the website by the Tribunal Rio Grande do Norte - TJ RN ( Rio Grande do Norte Court) , in 2012 . It was obtained 115 judgments, which were analyzed in order to generate Monitoring Indicators from lawsuits and conduct content analysis proposed by Bardin (2006). The results showed that : a) 100 % of the decisions were favorable to the author , b) 76 % of decisions were requests by the trade name of the drug , c) only one drug (eculizumabe) had not granted by ANVISA , d) 36 % of drugs were present in the list of standard medicines in SUS , 16 % of primary care block and 20 % of specialized component , e) 76 % of the decisions presented the request of at least 01 non-standard medicine. With regard to decentralization of PNM and PNAF we observed a commitment to this principle at judicial decisions, to see that municipalities and states are often forced to buy medicines of responsibility from another federal entity or other tertiary units as CACONs and UNACONS. The content analysis revealed that the argument from the judges used when you utter their decisions was that the right to health is recognized by Brazilian law as a fundamental right and should be guaranteed by the State for all its citizens. So, health is more than budgetary constraints of federal entities, which are severally liable for lawsuits , regardless the medication requested belongs or not to a particular block of a pharmaceutical assistance funding. Given these data, it is observed that there are gaps in the judgment when it comes to the insertion of the words and principles of PNM and PNAF, creating then the need for greater dialogue between the executive and judicial, so that they may consider relevant the effectiveness and application of such principles to minimize the negative consequences of the phenomenon of health judicialisation. Keywords: Judicialisation, Medicines, Public Policy, Pharmaceutical Care

Análise da toxicidade no açude Riacho da Cachoeira, Lajes Pintadas (RN): um desafio interdisciplinar

Contamination by complex mixtures of various origins has been explored and studied for decades. Radon is a naturally occurring environmental contaminant that causes carcinogenic effects. These emissions can cause mutations in the lung tissue, which can initiate a carcinogenic process. Thus the dam Creek Falls, located in the municipality of Lajes Pintadas, was chosen for the development of this study, since cancer rates in the region reach 9% of the population annually, with this, the main objective of this study was evaluate the mutagenicity and toxicity of Riacho da Cachoeira damunder the influence of radon. The methodology ecotoxicological tests were performed with Ceriodaphinia dubia, as well as tests with Tradescantia pallida genotoxicologicos and Oreochromis niloticus. To understand how the population of Pintadas Slabs realizes the environment, we performed a study of environmental perception. The test results indicated that the reservoir water is toxic to test organimos exposed, found heavy metals, chloride, total and fecal coliforms as well as radon levels above the maximum allowed under Brazilian law. These results can be justified because it is so complex samples composed of different compounds that interact only with each other or causing synergistic effects. It was concluded that the dam Creek Waterfall, is contaminated with radon, as well as heavy metals, coliforms and chloride, causing toxic effects to the natural community. Thus, further studies should be performed with the human population of the region, to verify that the high rates of cancer in the population of the municipality may be linked to the presence of natural radiation. Thus, it is expected that the competent bodies that administer the municipality of Lajes Pintadas take reasonable steps to minimize risks and ensure the health of the community that still makes use of the weir

Microbiological Quality of Spices Marketed in the City of Botucatu, São Paulo, Brazil

Fundação de Amparo à Pesquisa do Estado de São Paulo (FAPESP)

Análise isotópica (δ¹³C) e legalidade em néctares de uva

Conselho Nacional de Desenvolvimento Científico e Tecnológico (CNPq)

Effects of Brazilian and Bulgarian propolis on bactericidal activity of macrophages against Salmonella Typhimurium

Propolis has been used in folk medicine since ancient times due to its, many biological properties: such as antimicrobial. antinflammatory, antioxidant, immunomodulatory activities, among others. 'Macrophages play an important role in the early phase of Salmonella infection. In this work, macrophages were prestimated with Brazilian or Bulgarian propolis and subsequently challenged with Salmonella Typhimurium at different macrophage/bacteria ratio. After 60 min of incubation. cells were harvested with Triton-X to lyse the macrophages. To assess the bactericidal activity. The number of colony-forming units (CFU) of S. typhimurium was determined by plating 0.1 mL in 'Mueller Hinton agar. After 24 h. CFU were counted. and the percentage of bactericidal activity was obtained. Propolis from Brazil and Bulgaria enhanced the bactericidal activity of macrophages, depending on its concentration. Brazilian propolis seemed to be more efficient than that from Bulgaria. because of their different chemical composition. In Bulgaria, bees collect the material mainly from the bud exudate of poplar tree, while in Brazil, Baccharis dracunculifolia DC. was shown to be the main propolis source. Our data also showed that the increased bactericidal activity of macrophages involved the participation of oxygen (H2O2) and nitrogen (NO) intermediate metabolites. (C) 2004 Elsevier B.V. All rights reserved.

Metal fluxes at the sediment-water interface in rivers in the Turvo/Grande drainage basin, So Paulo State, Brazil

Fundação de Amparo à Pesquisa do Estado de São Paulo (FAPESP)

Método de análise isotópica (δ13C) e limite de legalidade em néctar de laranja

Os objetivos deste trabalho foram desenvolver o método de análise isotópica para quantificar o carbono do ciclo fotossintético C3 em néctares de laranja comerciais e mensurar o limite de legalidade, baseado na legislação brasileira, para identificar as bebidas que não estão em conformidade com o Ministério da Agricultura, Pecuária e Abastecimento (MAPA). As bebidas foram produzidas em laboratório, conforme a legislação brasileira. Também foram produzidos néctares adulterados com quantidade de suco de laranja abaixo do limite mínimo permitido pelo MAPA. Na análise isotópica, foi mensurado o enriquecimento isotópico relativo dos néctares de laranja e também de suas frações, sólidos insolúveis (polpa) e açúcar purificado. Com esses resultados, foi estimada a quantidade de fonte C3 por meio da equação da diluição isotópica. Para determinar a existência de adulteração, foi necessária a criação do limite de legalidade de acordo com a legislação brasileira. Oito marcas comerciais de néctar de laranja foram analisadas. Todas foram classificadas como legais. O limite de legalidade foi uma importante inovação metodológica, que possibilitou identificar as bebidas que estavam em conformidade com a legislação brasileira. A metodologia desenvolvida provou ser eficiente para quantificar o carbono de origem C3 em néctares de laranja comerciais.

Carbon isotope analysis in apple nectar beverages

Fundação de Amparo à Pesquisa do Estado de São Paulo (FAPESP)

Compatibility of grafting in the melon cv. bônus No. 2, and effects on production

Twelve rootstocks were evaluated: 1) pumpkin 'Big Power' (Cucurbita ntoschata); 2) pumpkin 'Seca' (Cucurbita moschata); 3) bottle gourd 'Longa' (Lagenaria siceraria); 4) 'Cachi' (Lagenaria siceraria); 5) bottle gourd 'Marimba' (Lagenaria siceraria); 6) 'Mogango' (Cucurbita maxima); 7) pumpkin 'Kirameki' (Cucurbita moschata); 8) pumpkin 'Caravela' (Cucurbita moschata); 9) pumpkin 'Shelper' (Cucurbita moschata); 10) 'Gherkin' (Cucumis anguria); 11) 'Loofah' (Luffa cylindrica); and 12) pumpkin 'Goianinha' (Cucurbita moschata) with respect to compatibility with melon yield, and the production and quality of fruits from cv. Bônus No. 2, non-grafted and grafted with 9 of these rootstocks (1, 2, 4, 5, 6, 7, 9, 10 and 11). The bottle gourd 'Marimba' provided the highest percentage of grafting success between the vine and rootstock. The rootstocks 1, 2, 3, 4 and 7 did not differ from bottle gourd 'Marimba', therefore also indicating good compatibility with the melon cv. Bônus No. 2. For height of the plants, it was shown in the first evaluation that rootstock 5 produced a greater height of the plant, differing only from rootstocks 7, 8, 9, 10 and 11 and non-grafted cv. Bônus No. 2. In the second evaluation, 'Big Power' showed the greatest value for height of the plant, differing only from combinations with 'Cachi', 'Mogango', 'Shelper' and 'Loofah'. With regard to number of leaves, in the first evaluation rootstocks 3, 4 and 6 had the greatest number of leaves, but in the second 4, 9 and 11 had the greatest. For dry weight of the stem, the greatest value was obtained with 'Mogango' in the first evaluation and with 'Big Power' in the second. For leaf area of the plants, a difference was found among the treatments only in the first evaluation, where the combination with bottle gourd 'Longa' showed a greater leaf area, but did not differ from the combinations with rootstocks 1, 4, 5 and 6. Differences were demonstrated among the treatments only for the transverse diameter of the fruit, where the combination with rootstock bottle gourd 'Marimba' showed the greatest value, differing only from the combination with 'Gherkin'. There were no significant differences for the mean longitudinal diameter, pulp thickness and total soluble solids among the treatments studied.

Análise isotópica (δ13c) e legalidade em néctares de uva

The aim of this work was to develop an isotopic analysis method to quantify the carbon of C3 photosynthesis cycle in grape nectar and to identify the commercial beverages in disagreement to the Brazilian Ministry of Agriculture, Livestock and Food Supply (MAPA) regulation. The nectars were produced in a laboratory, according to the Brazilian Law. Adulterated beverages with quantity of grape juice lower than the legal limit were also produced. Isotopic analysis measured the relative isotopic enrichment of grape nectar and its purified sugar fraction. Based on these results, it was possible to estimated the quantity of source C3 by means of isotopic dilution equation. To determine the existence of adulteration in commercial nectars, it was necessary to create a legal limit according to the Brazilian Law. One of the twelve commercial brands of nectar analyzed was classified as adulterated. The developed methodology proved to be efficient to quantify the carbon of C3 origin and identify the adulterated commercial grape nectar.

Peri-orbital bone dimensional analysis using computed tomography for placement of osseointegrated implants

Craniofacial osseointegrated implants enabled producing implant-retained facial prosthesis, namely the orbital prosthesis. Aim: To evaluate the length and width of the bone structure of the peri-orbital region and to present the method validation. Methods: Computed tomography scans of 30 dry human skulls were obtained in order to register linear length and width measurements of the periorbital region. Two examiners made the measurements twice with intervals of at least 7 days between them. Data were analyzed by descriptive statistics and the paired Student's t-test was used as inferential technique (SAS, α =0.05). Results: In most cases, the intra- and inter-examiner variations were not significant (p>0.05). Therefore, the method proposed was considered as precise and valid for the measurement of the peri-orbital region. The measured points correspond to the hours of a clock. The major lengths were observed at 1 h (18.32 mm) for the left peri-orbital bone and at 11h (19.28 mm) for the right peri-orbital bone, followed by the points situated at 2h (13.05 mm) and 12h (11.37 mm) for the left side and at 10 h (12.34 mm) and 12 h (11.56 mm) for the right side. It was verified that the three points with lowest values followed the same anatomical sequence in the supraorbital rim for the right and left orbits, showing compatibility with the insertion of the intraoral osseointegrated implants. The medial wall of both orbits did not present sufficient length to allow the insertion of intraoral or craniofacial implants. Conclusions: The largest width points were observed in the supraorbital rim and in the infralateral region of both orbits and those of smallest width were found in the supralateral region of both orbits.