Racionalidade e pesquisa comportamental no direito: avanço científico ou retórica?

Esse é um trabalho sobre estudos comportamentais que questionam a confiabilidade empírica das premissas de racionalidade das ciências sociais. Décadas de pesquisa comportamental vêm nos ensinando é que a grande maioria das tendências cognitivas identificadas e comprovadas, que se afastam dos pressupostos da Teoria da Escolha Racional não são de forma alguma aleatórias, mas ao invés, são sistemáticas e previsíveis. A ideia unificando esse trabalho é de que a literatura de pesquisa comportamental pode nos permitir modelar e prever comportamentos relevantes para o direito, com pressupostos mais realistas sobre o comportamento humano. No entanto, alguns pesquisadores pintam uma figura entusiástica sobre o potencial que tal pesquisa possui para informar a análise jurídica e, assim, cometem algumas desatenções ao defender generalizações não embasadas por evidências científicas, quase aproximando-se do uso de uma mera retórica. Dado esse cenário, devemos procurar garantir que a incorporação das evidências da pesquisa comportamental no discurso jurídico seja acompanhada de maior ênfase na pesquisa empírica em ambientes específicos. Esse trabalho possui três objetivos. O primeiro é analisar as diferentes concepções de racionalidade e caso elas devem manter sua posição privilegiada nas ciências sociais. O segundo é tentar entender melhor a literatura de pesquisa comportamental que questionam a validade empírica dos axiomas da Teoria da Escolha Racional. O terceiro é identificar problemas na forma pela qual a pesquisa comportamental tem sido incorporada no discurso jurídico.

Discrimination in the workforce: how it impacts a business

Discrimination, in its best form, is a hard concept to fathom as an employee or ordinary citizen. In the workplace, there are times when discrimination is necessary due to extenuating circumstances that revolve around the form or act of discrimination. It could be conveyed to save a life or avoid future conflict. However, it must be clearly stated as a written law that the act is lawful. When unlawful discrimination occurs, it stages an entirely different tone, as it is mainly conducted out of malice, hatred, greed, control, or ignorance. Over the last few decades, discrimination has existed in the workplace, although Federal laws mandate that it does not occur. It does not exist in just one geographical area or is country specific, but covers a wide spectrum, linking countries together from their points of view to creating rifts amongst those who are affected and those who are not, not only from a business perspective, but social humanistic relationships as well. This thesis will use quantitative and qualitative data to support discrimination of sexual harassment, race or color, and gender issues, as well as personal experiences, and how it has and will continue to impact businesses if the acts do not cease, permanently. Leadership, from the Presidents and Heads of Countries, Chief Executive Officers (CEOs), managers, lowest-ranking supervisor, and employees should make it their personal goal to ensure these issues do not continue or arise in their perspective areas of responsibilities. When employees understand that they are valued, will be taken seriously when reporting acts of discrimination, and that some form of action will be taken, performance and productivity will escalate, and morale will increase in the workplace, resulting in higher productivity and subsequently higher profit margins for the company.

Law and economics in the civil law world: the case of Brazilian Courts

Conventional wisdom holds that economic analysis of law is either embryonic or nonexistent outside of the United States generally and in civil law jurisdictions in particular. Existing explanations for the assumed lack of interest in the application of economic reasoning to legal problems range from the different structure of legal education and academia outside of the United States to the peculiar characteristics of civilian legal systems. This paper challenges this view by documenting and explaining the growing use of economic reasoning by Brazilian courts. We argue that, given the ever-greater role of courts in the formulation of public policies, the application of legal principles and rules increasingly calls for a theory of human behavior (such as that provided by economics) to help foresee the likely aggregate consequences of different interpretations of the law. Consistent with the traditional role of civilian legal scholarship in providing guidance for the application of law by courts, the further development of law and economics in Brazil is therefore likely to be mostly driven by judicial demand.

The influence of the tag-along rights in the value of companies: an event study of the effects on the market and service companies

The aim of this work is to check the effect of granting tag-along rights to stockholders by analyzing the behavior of the return of the stock. To do so we carried out event studies for a group of 21 company stocks, divided into service provider companies and others, who granted this right to their stockholders after Law 10,303 was passed in October, 2001. In the test we used two models for estimating abnormal returns: adjusted to the market and adjusted to the risk and market. The results of the tests we carried out based on these models did not capture abnormal returns (surpluses), telling us that the tag-along rights did not affect the pattern of daily returns of the stocks of companies traded on BOVESPA (The Sao Paulo Stock Exchange). We did not expect this result because of the new corporate governance practices adopted by companies in Brazil.

Graph analysis of dream reports is especially informative about psychosis

Early psychiatry investigated dreams to understand psychopathologies. Contemporary psychiatry, which neglects dreams, has been criticized for lack of objectivity. In search of quantitative insight into the structure of psychotic speech, we investigated speech graph attributes (SGA) in patients with schizophrenia, bipolar disorder type I, and non-psychotic controls as they reported waking and dream contents. Schizophrenic subjects spoke with reduced connectivity, in tight correlation with negative and cognitive symptoms measured by standard psychometric scales. Bipolar and control subjects were undistinguishable by waking reports, but in dream reports bipolar subjects showed significantly less connectivity. Dream-related SGA outperformed psychometric scores or waking-related data for group sorting. Altogether, the results indicate that online and offline processing, the two most fundamental modes of brain operation, produce nearly opposite effects on recollections: While dreaming exposes differences in the mnemonic records across individuals, waking dampens distinctions. The results also demonstrate the feasibility of the differential diagnosis of psychosis based on the analysis of dream graphs, pointing to a fast, low-cost and language-invariant tool for psychiatric diagnosis and the objective search for biomarkers. The Freudian notion that ‘‘dreams are the royal road to the unconscious’’ is clinically useful, after all.

Contribuições da inserção musical para a qualidade de vida no trabalho em ambiente laboral fabril

The present thesis aimed at understanding how the insertion of music in the work environment contributes to achieving Quality of Work Life. - QWL, under the perspective of biopsychosocial and organizational well-being. As to music insertion we considered the theoretical-empirical perception about how music is inserted at work and its functions on such place. The context where the study was taken was the manufacturing area of a major textile company, located in Natal, state of Rio Grande do Norte, Brazil, in which music is used during labor activities. The only study case was the research strategy adopted, with exploratory and descriptive purposes. The primary data were collected through the focus group technique, applied to the collaborator in the manufacturing sector. The semi-structured interview was done as a complementary tool, directed to the supervisor in that sector. Respecting the theoretical saturation criterion, we formed four focus groups, each one composed of eight members randomly selected, among the seventy-six collaborators in the sector. The data were analyzed qualitatively, through the content analysis technique, more specifically the category analysis. We identified twenty-eight QWL attributes. Six of them were found present in the four focus groups and in the interview. Among these ones, the attribute of Interpersonal Relationship at Work, contemplating the Psychological and Organizational dimensions, was the only one anticipated in four out of fifteen theoretical models here listed. The attribute Music at Work Environment could be inserted in the four QWL dimensions, highlighting the power and relevance of this attribute for the research participants. The way music has been inserted in the labor environment contributes to promoting well-being at work, which goes against theoretical conceptions, especially when it comes to musical genre. We identified nine functions of music at work, among which, Improving Work Conditions, Improving Interpersonal Relationship at Work and Favoring Motivation for Work had to be emphasized for being associated to three QWL attributes. In the total, we highlighted seven associations. The most affected QWL dimension through the insertion of music at work was the Psychological one, followed by the Organizational one. We conclude that music insertion provides biological, social and, above all, psychological and organizational well-being to the contributors, thus contributing to obtaining QWL at the labor environment researched. However, we should consider the context and proceed to periodical plans and adjustments in the way of music insertion so as to avoid health and well-being problems to those people at work

Um divagar pouco atraente: o tema das raças em Os Sertões de Euclides da Cunha

Os Sertões of Euclides da Cunha is one of the most studied books of Brazilian social thought, with approaches ranging from literature to geology, mobilizing concepts and theoretical and disciplinary perspectives the most diverse. This work aims to identify the process of building the concept of race by Euclides da Cunha in this work. To achieve this goal, will be studied, at first, the process of intellectual and political formation of Euclides da Cunha in the years prior to his trip to Canudos, in order to identify the presence of themes and authors in their thinking, using for this purpose, as the main source, your correspondence and press articles, which are expressed in the basic references of his training and dialogue on topics and authors that permeated their way of thinking about the Brazilian reality in the late nineteenth century and early twentieth century. In the second stage of labor, with reference to the study of the presence of several theories that explain human behavior from racial lines, with a strong Brazilian influence in the intellectual environment of the late nineteenth century, an analytical effort will be made in order to understand the synthesis made specific by Euclides da Cunha in the preparation of his work, to identify the main authors based their thinking on this aspect of the changes in your way of thinking about the man of the interior in an attempt to understand how the concept this race is in the interpretation of the conflict happened in Canudos and action of some of her protagonists

Sensibilidade interoceptiva e respostas psicofisiológicas ao exercício submaximo

The complex human behavior related to exercise involves cognitive, physical and emotional processing. The recent theories about exercise s intensity regulation have highlighted the role played by psychophysics aspects in controlling exercise s intensity. In this regard, recent evidences have shown that there is variability in human capacity in perceiving interoceptives clues. Thus, subjects more sensitive show higher physiological arousal to physical and/or emotional stress, and sensations with higher intensity. In fact, studies have evidenced that interoceptive feedback modifies behavior in exercise with free load. However, exercise recommendations are based in a constant load standard. Therefore, we aimed to analyze the influence of interoceptive sensibility on psychophysics responses during dynamic exercise performed with constant load. Twenty-four adult males were allocated into two groups accordingly with their interoceptive sensibility: high sensibility (n=11) and low sensibility (13). They underwent to an incremental test (IT) and then randomly to two sections of moderate and severe exercise intensity for 20 minutes. Heart rate (HR), rating of perceived exertion (RPE), affective feelings (AF), alert state (AS), and percentage of associative thoughts were collect during exercise. A two-way ANOVA with repeated measures was used to assess differences between psychophysics responses. There were differences between group in RPE, AF, and AS in moderate intensity. There was no difference in any measure in severe intensity. We conclude that subjects with high interoceptive sensibility feel dynamic moderate exercise more intense than the subjecs with low interoceptive sensibility

Avaliação de economias de escala e escopo no desempenho de equipes de serviços aplicando Análise de Envoltória de Dados DEA: um estudo em Empresa de Telecomunicações no Brasil

This Master s Thesis proposes the application of Data Envelopment Analysis DEA to evaluate economies of scale and economies of scope in the performance of service teams involved with installation of data communication circuits, based on the study of a major telecommunication company in Brazil. Data was collected from the company s Operational Performance Division. Initial analysis of a data set, including nineteen installation teams, was performed considering input oriented methods. Subsequently, the need for restrictions on weights is analyzed using the Assurance Region method, checking for the existence of zero-valued weights. The resulting returns to scale are then verified. Further analyses using the Assurance Region Constant (AR-I-C) and Variable (AR-I-V) models verify the existence of variable, rather than constant, returns to scale. Therefore, all of the final comparisons use scores obtained through the AR-I-V model. In sequence, we verify if the system has economies of scope by analyzing the behavior of the scores in terms of individual or multiple outputs. Finally, conventional results, used by the company in study to evaluate team performance, are compared to those generated using the DEA methodology. The results presented here show that DEA is a useful methodology for assessing team performance and that it may contribute to improvements on the quality of the goal setting procedure.

Transtorno de déficit de atenção/hiperatividade e psicologia histórico-cultural

O Transtorno de Déficit de Atenção e Hiperatividade tem sido evocado como justificativa corrente para o fracasso escolar de um número expressivo de crianças, atribuindo-se a elas a responsabilidade por não aprender e isentando de análise a escola e a sociedade nas quais estão inseridas. A situação se torna mais alarmante uma vez que a literatura a respeito aponta dificuldades no diagnóstico e na intervenção sobre esse tipo de transtorno, devidas à falta de clareza sobre o que é esse quadro clínico e em razão da não existência de estudos consistentes acerca das consequências futuras do uso de estimulantes nas crianças. Para discutir essas questões, a primeira parte do artigo apresenta a concepção hegemônica desse tipo de transtorno e sua compreensão do psiquismo infantil. A segunda parte aborda a maneira como a psicologia histórico-cultural analisa o desenvolvimento da atenção e o controle voluntário do comportamento humano, redimensionando a compreensão sobre o transtorno. Finalmente, são feitas algumas reflexões acerca do processo ensino-aprendizagem em crianças com desenvolvimento parcial das funções psicológicas superiores e do papel da psicologia e da pedagogia na compreensão do fenômeno para que sirvam de subsídio a medidas práticas em relação ao problema.

Ondas de spin em quasi-cristais magnônicos

In this paper we investigate the spectra of band structures and transmittance in magnonic quasicrystals that exhibit the so-called deterministic disorders, specifically, magnetic multilayer systems, which are built obeying to the generalized Fibonacci (only golden mean (GM), silver mean (SM), bronze mean (BM), copper mean (CM) and nickel mean (NM) cases) and k-component Fibonacci substitutional sequences. The theoretical model is based on the Heisenberg Hamiltonian in the exchange regime, together with the powerful transfer matrix method, and taking into account the RPA approximation. The magnetic materials considered are simple cubic ferromagnets. Our main interest in this study is to investigate the effects of quasiperiodicity on the physical properties of the systems mentioned by analyzing the behavior of spin wave propagation through the dispersion and transmission spectra of these structures. Among of these results we detach: (i) the fragmentation of the bulk bands, which in the limit of high generations, become a Cantor set, and the presence of the mig-gap frequency in the spin waves transmission, for generalized Fibonacci sequence, and (ii) the strong dependence of the magnonic band gap with respect to the parameters k, which determines the amount of different magnetic materials are present in quasicrystal, and n, which is the generation number of the sequence k-component Fibonacci. In this last case, we have verified that the system presents a magnonic band gap, whose width and frequency region can be controlled by varying k and n. In the exchange regime, the spin waves propagate with frequency of the order of a few tens of terahertz (THz). Therefore, from a experimental and technological point of view, the magnonic quasicrystals can be used as carriers or processors of informations, and the magnon (the quantum spin wave) is responsible for this transport and processing

Bioética e odontologia: um perfil dos problemas éticos vividos por cirurgiões-dentistas

Bioethics studies human behavior in the fields ofbiological sciences and health care. Tt strives for humanization in health services along with promoting the rights of patients. In view of the lack of dental research dealing with this topic, the present study was undertaken to identify, from the viewpoint of dental surgeons, ethical problems experienced in dental practice,understand how they occur and how professionals deal with them. It is a descriptive exploratory investigation within a qualitative approach. Empirical material was collected through semi-structured interviews performed with 15 dental surgeons who work both in private and public practice in the state of Rio Grande do Norte, Brazil. The content of the interviews was systemized and organized, resulting in the identification of topics, from which were grouped the ethical problems reported by the participants. The resu1ts indicate that many of the ethical problems coincide with infringements of the norms and mIes of the Dental Code of Ethics, confirming a dental ethic acquired during professional formation and therefore, inadequate for solving the problems that emerge in professional practice. Other questions stand out such as low salaries, competition and poor working conditions. Associated to these problems are lack of commitment and professional responsibility with the patients. Concem with maintaining user autonomy, guaranteeing access to specialized services, and the need for performing only procedures for which they are technically qualified arise in the responses, leading to difficulties in consolidating the principIes proclaimed by bioethics: autonomy, justice, nonmaleficence and beneficence. We concluded that the ethical problems identified in professional practice need to be understood beyond the dental dimension, towards a human approach. It is therefore necessary to incorporate health care management technologies into health practices, including dentistry, which implies recognizing the difTerent dimensions that surround individuaIs, that is, social, economic, political and cultural

Energy education: breaking up the rational energy use barriers

Human development is associated directly or indirectly with the energy use, and because of this the energetic sources were dealt with in the recent past, as fully available to human necessities. The reality shows that the energy availability, considering the nonrenewable sources, is limited, and beyond that, the exploration, the processing and the use of energy impose considerable impacts on the environment. There is not a system which operates with no losses and without imposing changes to the environment. Therefore, the energy conservation incorporates the concepts and the actions applied to the research of sustainable balance between nature and the energy availability and use. Such actions can be presented both in the short term, in which the energy system is close to a collapse, or in the medium/long term, in which those responsible for the energy policies are concerned with the structure of the socioeconomic development. Such a situation requires more responsibility in the treatment of energy questions, mainly through education, which represents long-term investments. This paper discusses barriers that are present in the projects applied to energy conservation, by making clear that education is one of the best ways to transform the human behavior in for the rational use of energy. (C) 2003 Elsevier B.V. Ltd. All rights reserved.

Escolha de parceiros na adolescência

Mate choice is a component of sexual selection. Trying to understand the patterns of this process, several studies have emphasized the adaptive value of sexual differences and their influence on the assessment of the market value. The pattern for adults presented on the scientific literature, which is based on the preference for certain characteristics, shows that men search a partner who shows high value of fecundity and fertility, thus looking for partners with the ability of being pregnant and nursing their offspring. On the other hand, women look for partners with high socioeconomic status, which is strongly associated with the ability to protect and provide resources for them and their offspring. Surprisingly, there is few works that investigated the mate choice patterns during the beginning of the period of sexual differentiation on the morphological, physiological and behavioral traits. The aim of this study was to investigate mate choice patterns in adolescence in order to describe their preferences and contribute to the understanding of human reproductive behavior. Took part of this research 1,232 students from educational institutions of Natal, Brazil, and visitors to the Scientific, Technological and Cultural Fair UFRN. In the Experimental Study 1, we applied a questionnaire to evaluate the importance of certain characteristics, assessed the degree of romantic involvement and real and ideal partners age preference. In the Experimental Study 2, we did a survey of characteristics considered relevant and evaluate the importance of these characteristics in mate choice. The Experimental Study 3 brought an investigation of mate choice patterns based on self-assessment of adolescents, evaluating ideal partner for a short-term and long-term relationships and actual partner. We found that adolescents are motivated to live romantic experiences. We also observed a preference for partners of similar age to that described for adults. Finally, we found similarities and differences in the preferences for characteristics in real and ideal partners in relation to the adult pattern. In addition, we observed high similarity on the self-assessment and assessment of real and ideal partners. We suggest that in the mate choice, adolescents are similar to young adults in some aspects but not all. Our results show the relevance of the reproductive behavior investigation in this human developmental period and reinforce that further studies should contribute to the understanding of human behavior in terms of ontogenetic development and their evolutionary history.