O papel do terceiro facilitador na conciliação de conflitos previdenciários

A conciliação judicial de conflitos previdenciários envolve, em geral, uma proposta de acordo baseada na renúncia pelo indivíduo de parte dos valores do benefício em atraso em um processo no qual a decisão contrária ao entendimento do Instituto Nacional do Segurado Social (INSS) é muito provável. Como regra, há um notório desequilíbrio de poder envolvendo, de um lado, um litigante ocasional (indivíduo) e, de outro, um litigante habitual (INSS). O presente trabalho pretende discutir qual o papel do terceiro facilitador nesse contexto, de modo a legitimar a prática existente e avançar para uma mudança de paradigma. Para tanto, parte-se da tese de que a conciliação deve ser adequada ao conflito que se pretende tratar, cabendo ao terceiro facilitador atuar de acordo com as peculiaridades desse conflito. Desse modo, propõe-se que, para o tratamento do conflito previdenciário, o conceito de conciliador deve ser entendido em termos amplos, abrangendo não apenas o conciliador leigo, mas também o juiz conciliador e o Judiciário como conciliador interinstitucional. Embora cada uma dessas atuações possua características próprias, sustenta-se que o ponto em comum é o respeito a um devido processo legal mínimo que possibilite a existência de uma base adequada de poder e que permita, assim, a tomada de uma decisão informada pelas partes. Dessa forma, a flexibilidade instrumental própria da conciliação não impediria o estabelecimento de parâmetros mínimos da atuação do conciliador. Por isso, tendo como limite a tomada de uma decisão informada, o conciliador atuaria por meio de estratégias variadas, aproximando-se e distanciando-se das partes, com maior ou menor interferência, de acordo com as características do caso apresentado. Conclui-se que, com a atuação conjunta e coordenada das diversas espécies de conciliador é possível aprimorar qualitativamente a conciliação de conflitos previdenciários.

Looking twice at the gender equity index for public health impact

Background: It has been shown that gender equity has a positive impact on the everyday activities of people (decision making, income allocation, application and observance of norms/rules) which affect their health. Gender equity is also a crucial determinant of health inequalities at national level; thus, monitoring is important for surveillance of women’s and men’s health as well as for future health policy initiatives. The Gender Equity Index (GEI) was designed to show inequity solely towards women. Given that the value under scrutiny is equity, in this paper a modified version of the GEI is proposed, the MGEI, which highlights the inequities affecting both sexes. Methods: Rather than calculating gender gaps by means of a quotient of proportions, gaps in the MGEI are expressed in absolute terms (differences in proportions). The Spearman’s rank coefficient, calculated from country rankings obtained according to both indexes, was used to evaluate the level of concordance between both classifications. To compare the degree of sensitivity and obtain the inequity by the two methods, the variation coefficient of the GEI and MGEI values was calculated. Results: Country rankings according to GEI and MGEI values showed a high correlation (rank coef. = 0.95). The MGEI presented greater dispersion (43.8%) than the GEI (19.27%). Inequity towards men was identified in the education gap (rank coef. = 0.36) when using the MGEI. According to this method, many countries shared the same absolute value for education but with opposite signs, for example Azerbaijan (−0.022) and Belgium (0.022), reflecting inequity towards women and men, respectively. This also occurred in the empowerment gap with the technical and professional job component (Brunei:-0.120 vs. Australia, Canada Iceland and the U.S.A.: 0.120). Conclusion: The MGEI identifies and highlights the different areas of inequities between gender groups. It thus overcomes the shortcomings of the GEI related to the aim for which this latter was created, namely measuring gender equity, and is therefore of great use to policy makers who wish to understand and monitor the results of specific equity policies and to determine the length of time for which these policies should be maintained in order to correct long-standing structural discrimination against women.

Syair ibadat : manuscript, [not after 1843]

Title from fly leaf 1.

The Future Organisation of the European Courts. Research Papers in Law, 2/2005

From the Introduction. According to Article 220 of the EC Treaty, the Court of Justice and the Court of First Instance (hereinafter CFI) “each within its jurisdiction, shall ensure that in the interpretation and application of [the EC] Treaty the law is observed”. The “pre-Nice” allocation of jurisdiction between the two Community courts can be summarized as follows. At Court of Justice level, mention should first of all be made of references for a preliminary ruling. A national court, in a case pending before it, can - or in some circumstances must - refer to the Court of Justice a question relating to the interpretation of provisions of the EC Treaty or of secondary Community law, or relating to the validity of provisions of secondary Community law.1 Moreover, the Court of Justice ensures the observance of the law in the context of actions for annulment or failure to act brought before it by the Community institutions, the European Central Bank (hereinafter ECB) and the Member States.2 These actions concern, respectively, the legality of an act of secondary Community law and the legality of the failure of the institution concerned to adopt such act. The Court of Justice also has jurisdiction in actions brought by the Commission or by a Member State relating to the infringement of Community law by a Member State (hereinafter infringement actions)3 and in actions relating to compensation for non-contractual damage brought by Member States against the Community.4 Finally, as regards the jurisdiction of the Court of Justice, mention should be made of appeals which can be lodged on points of law only against rulings of the CFI.5

Krise statt Aufbruch. Das Konzil der Orthodoxen [Gespräch mit Norbert Bischofberger und Stefanos Athanasiou]

Interview zum Grossen und Heiligen Konzil der Orthodoxen Kirche. Moderator Norbert Bischofberger diskutiert zusammen mit Dr. Stefanos Athanasiou über das Konzil der Orthodoxen Kirchen auf Kreta.

Dedication of Michigan Union wing

Irving Kane and Allen B. Pond, architects. Plans for the Union were on a scale unknown at the time for "club houses" in American colleges and universities: 250 feet long and 200 feet wide. Construction began in 1916 and owing to war time difficulties was not ready to be used by students until 1919. Two new wings to the south were completed in 1936 and 1938. Verso: Dedication of $2,900,000 Union Wing Oct. 30, 1954. Edward Parker, first Union president, Tom Leopold, "55, Union president. 10 AM stone laying ceremony part of the weekend observance of the Golden Anniversary of the Union.

Chronological list of battles of the Civil War showing the particular Michigan units involved /

Mode of access: Internet.

Public cooperation in prohibition law enforcement.

Cover title: Public cooperation in law enforcement : business, civic and industrial groups aid in promoting better observance and enforcement of law : a factual outline.

Strategies for change.

Mode of access: Internet.

The key to true Christianity: being a series of letters addressed to Rev. J. D. Blackwell, D. D. pastor of the Cumberland Street Methodist Episcopal Church, Norfolk, Va.,

A discussion of Sabbath observance is included, p. 120-151.

Judicial (in)activism in Australia's secular commonwealth

his article addresses two aspects of Australia's soft secular government. The first aspect explains how, and asks why, judges have been inactive in helping to draw the contours of secular government in Australia. The principal reason is that much of the social regulation that provokes the interest of faith-based groups is the constitutional concern of the States, and no State Constitution claims to coordinate relations between church and state. Moreover, the electorate has twice refused to pass referenda, in 1944 and 1988, for extending a constitutional demand of secular governance to the States. However, this is not so for the Commonwealth. It falls under the restrictions of section 116 of the federal Constitution, which states: The Commonwealth shall not make any law for establishing any religion ('the establishment clause') or for imposing any religious observance, or for prohibiting the free exercise of any religion ('the free exercise clause'), and no religious test shall be required as a qualification for any office or public trust under the Commonwealth. As will be explained, while methods of legal interpretation suggest that section 116's establishment clause could place mild demands of non-discrimination on the federal Parliament, judicial inactivity in policing such demands on the Commonwealth, paradoxically, has arguably been secured by judicial activism in the High Court. A second aspect of secular government addressed is the High Court's disposal of 'the separation of church and state' as a constitutional principle in Australia. The contrast, of course, is to the United States, where for sixty years 'separation' has been given uneven recognition as a rule of constitutional law, and has undoubtedly driven the development of hard forms of secular governance in that country. The centrepiece of American secular government is the 1971 decision in Lemon v Kurtzman, where the US Supreme Court held that valid legislation had to pass three tests, ie: First, the statute must have a secular legislative purpose; second, its principal or primary effect must be one that neither advances nor inhibits religion .. . finally, the statute must not foster 'an excessive government entanglement with religion. The third 'entanglement' prong of Lemon is the modern, less ambitious, form of the 'wall of separation', prohibiting too close an engagement between church and state. As this paper will demonstrate, 'entanglement's' destiny shows how unlikely it is that 'separation' can survive as a meaningful constitutional principle in the USA. And, it will also be argued that 'separation' has even poorer prospects for import to Australia.

O FILHO DO HOMEM É SENHOR DO SÁBADO : MEMÓRIA E IDENTIDADE NOS EVANGELHOS SINÓTICOS

Esta pesquisa versa sobre memória e identidade nos Evangelhos Sinóticos, à luz de Mc 2.23-28, Mt 12.1-8 e Lc 6.1-5, que trata do conflito entre Jesus e os fariseus sobre pegar espigas num campo em dia de Sábado. Procura-se demonstrar que as narrativas dos evangelhos são indiciárias da identidade das comunidades que as geraram, no mundo greco-romano, onde oralidade e textualidade tinham a mesma influência. Para tanto, será estudada a memória coletiva como formadora da tradição oral, bem como da relação entre oralidade e textualidade nas narrativas e memórias dos Evangelhos Sinóticos. A escolha da perícope se justifica pelos textos indicarem uma identidade vinculada à cultura judaica, onde o Sábado era um dos marcos identitários mais importantes dos judaísmos do séc. 1 d.C. Desse modo as comunidades protocristãs tinham argumentos para se defender de acusações e ao mesmo tempo estabelecer fronteiras para definir o seu lugar em relação aos demais grupos intrajudaicos. Por fim, na elaboração de seu documento, cada comunidade optou por um gênero literário específico, mais adequado ao objetivo de seu texto. Torna-se possível, desse modo, identificar qual Evangelho está mais vinculado ao ambiente judaico e qual deles está mais distante. Em suas narrativas, os evangelistas desejam afirmar também quem é Jesus para a comunidade, estabelecendo assim sua identidade messiânica. Na perícope em questão, o dito mais importante é o que afirma que Jesus o Filho do Homem - é Senhor do Sábado. Jesus passa a ser o protótipo da comunidade, enquanto os fariseus, adversários de Jesus, passam a representar aqueles não tem qualquer preocupação com o próximo, tentando se justificar pela observância rigorosa da Lei mosaica.

Análise gráfica de elementos do design na interface de aplicativos de notícias baseados em mobilidade: um estudo do aplicativo Brasil 247

The different characteristics and needs of mobile device users, the situations in which these devices are operated and the limitations and characteristics of these devices are all factors which influence usability and ergonomics; two elements highly required for achieving successful interaction between users and devices. This research aims to identify characteristics of interface design for apps in mobile device applications, focussing on design, visual publishing and content editing, and the actual process of creation of these interfaces, with a view to guarantee quality interaction through touch technology, in observance of service limitations, the opportunities offered by the devices and the application requirements. The study will examine the interface of the mobile device application titled “Brasil 247” which provides news broadcasts using the concept of usability and ergonomics mainly in the field of adaptation, searching and browsing informative articles, as well as clarifying the processes and techniques necessary to carry out interaction tests which seek to evaluate the usability of interface.

Vínculo empregatício: interpretação judicial do direito fundamental à relação de emprego protegida e seus efeitos

The Federal Constitution, in Article 1, sections III and IV, lifted the work as the foundation of the Federative Republic of Brazil, including work as a social guarantee in Article 6, listing in its Article 7 minimal guarantees role with respect to social rights of workers. Although elevated to constitutional rights, these social rights of workers have in the judicial interpretation of the characteristic elements of the employment relationship, sometimes a mismatch with the legal and constitutional order, when, in deciding not ponder such elements, causing damage economic and social benefits to all workers, thus affecting the very constitutional basis of worker protection, there is therefore situations in which there must be part of unavailability of rights by the employee. Therefore, identifying the characteristic elements of employment, means allow immediate legal finding about possible illegality perpetrated by the employer, precisely because the sentence recognizes be merely declaratory noting, therefore, the elements that make up the juridical system normative in order to establish the characterization of employment in step with the effective observance and guarantee of social rights and therefore the employer's performance limiter as pertains to hiring and employee dismissal. This point is it's main element of this work, which is fundamental for the exegesis of the theme to limit the autonomy of the will. There is no denying, therefore, the need to extend the effects of these guarantees in the employment contract. In this context, therefore, jumping the guarantees of employees, embodied in particular in the Consolidation of Labor Laws, and especially in the Federal Constitution and international protection instruments to ensure the fundamental right to secure employment relationship, where technological advancement, social and economic, reflect directly, such as the parassubordinação, and claiming more and more systematic resolutions, especially when evidence gaps' values, which elevate the debate about the need for increased use of precedents of order to support the judgments, often beset with aspects of unconstitutionality, all in compliance with the integration of standards, seeking legal enforcement of this bond and providing legal certainty, there emerged, so the essence of the theme: discuss to what extent the distortion of employment limits the effectiveness of social rights and what its legal effects, since the constitutional standard for social guarantees protects equally worker admission.

Aprendizagem significativa: uma proposta de ensino e aprendizagem da geometria euclidiana espacial no ensino médio

This dissertation is a research based on the Meaningful Learning Theory, with students from the second year of High School, in the city named Capinzal do Norte, state of Maranhão. The pedagogic approach of this research focuses on what to do and how to do so students can better grasp knowledge inherent to the Euclidean Special Geometry in a more meaningful and changing way, also that information may be kept longer in their brain, so it can last longer in the present and future. The methodological strategy adopted was the research-action, followed by the constant observance of a researcher on the matter with the purpose to ensure consistent results, which come from the use of a variety of data collector instruments, such as: Concept Maps, manipulatives, educational softwares and application of evaluative tests, besides the observations made throughout the process of investigation and the diagnosis itself. It is all due to the fact that we rely on the premise that knowledge is assimilated in particular and idiosyncratic ways, which means each and every student learns in different ways and in different periods of time. That is why it is so important to develop diversified methodologies to the same subject. This research adds to the other ones related to the theoretical frameworks of the Meaningful Learning Theory, of Concept Maps, of the use of technology on the educational process and of manipulatives, which purpose is to connect their common dots. This pedagogical intervention also focuses on the construction of the educational orientations with applicability directly on class, directed specially by the Mathematics teacher of the basic education, who might use them during your teaching practice. Such guidelines established here as an educational product aim to follow the Theory's assumptions that serves as basis to this research, thus becoming an educational element with a relevant significance. The results, with which we are faced, proved overwhelming to the proposed objectives in terms of learning, which were evident in the construction of Conceptual Maps, as well as in the use of Concrete Materials, in addition to serving as a motivational element to participating students of research. The results obtained are indeed reliable in terms of learning, considered the expected goals, and made us certain that the way we have approached the subject is consistent with a holistic education and that at the same time values the tiniest details, which are fundamental to all the learning-teaching process.