891 resultados para presumption of fault


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Wydział Filologii Polskiej i Klasycznej: Instytut Filologii Polskiej

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El presente trabajo se inscribe en el debate acerca del conflicto entre los principios constitucionales de información y protección del honor en el terreno del delito flagrante. se trata de la tensión sobre la situación judicial de las personas aprehendidas o capturadas y el actuar de los medios de comunicación, en la emergente corporativización de la Política criminal (seguridad pública) por la agenda periodística. Es una reflexión de cómo el periodismo y las garantías de los detenidos no comulgan alrededor del principio de presunción de inocencia, en donde el metamensaje de la noticia penal buscaría asilo en el populismo legislativo.

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En el análisis sobre migrantes, en general, y sobre migrantes descritos como grupos étnicos, en concreto, se tiende a presuponer un tipo de “solidaridad étnica” dentro de sus redes sociales. Esta suposición da por sentado que todos los que se definen como “indígenas” disponen y disfrutan de un capital social basado en la solidaridad. En este artículo se toma el caso de comerciantes migrantes kichwa-otavalo tanto para indagar la suposición de que la etnicidad es la fuente del capital social colectivo y, por tanto, de la solidaridad, como para cuestionar si esta actúa implícita en las cadenas y redes de migrantes, las cuales suelen ser equiparadas a su capital social.

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Marajo Island is located in a passive continental margin that evolved from rifting associated with the opening of the Equatorial South Atlantic Ocean in the Late Jurassic/Early Cretaceous period. This study, based on remote sensing integrated with sedimentology, as well as subsurface and seismographic data available from the literature, allows discussion of the significance of tectonics during the Quaternary history of marginal basins. Results show that eastern Marajo Island contains channels with evidence of tectonic control. Mapping of straight channels defined four main groups of lineaments (i.e. NNE-SSW, NE-SW, NW-SE and E-W) that parallel main normal and strike-slip fault zones recorded for the Amazon region. Additionally, sedimentological studies of late Quaternary and Holocene deposits indicate numerous ductile and brittle structures within stratigraphic horizons bounded by undeformed strata, related to seismogenic deformation during or shortly after sediment deposition. This conclusion is consistent with subsurface Bouguer mapping suggestive of eastern Marajo Island being still part of the Marajo graben system, where important fault reactivation is recorded up to the Quaternary. Together with the recognition of several phases of fault reactivation, these data suggest that faults developed in association with rift basins might remain active in passive margins, imposing important control on development of depositional systems. Copyright (C) 2007 John Wiley & Sons, Ltd.

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L’objectif majeur de ce mémoire est d’étudier la notion de la faute et le degré deculpabilité dans les tragédies inspirées du personnage de Phèdre. Nous allonsanalyser la notion de la faute et ses conséquences dans trois différentes tragédies àsavoir Hippolyte d’Euripide, Phèdre de Sénèque et celle du même titre de JeanRacine. Nous allons faire une étude comparative entre les trois versions enmontrant les ressemblances et les différences dans le traitement de la faute. Enfin,on va voir comment la faute commise volontairement pousse une personne à secondamner elle-même.

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A área de Detecção de Intrusão, apesar de muito pesquisada, não responde a alguns problemas reais como níveis de ataques, dim ensão e complexidade de redes, tolerância a falhas, autenticação e privacidade, interoperabilidade e padronização. Uma pesquisa no Instituto de Informática da UFRGS, mais especificamente no Grupo de Segurança (GSEG), visa desenvolver um Sistema de Detecção de Intrusão Distribuído e com características de tolerância a falhas. Este projeto, denominado Asgaard, é a idealização de um sistema cujo objetivo não se restringe apenas a ser mais uma ferramenta de Detecção de Intrusão, mas uma plataforma que possibilite agregar novos módulos e técnicas, sendo um avanço em relação a outros Sistemas de Detecção atualmente em desenvolvimento. Um tópico ainda não abordado neste projeto seria a detecção de sniffers na rede, vindo a ser uma forma de prevenir que um ataque prossiga em outras estações ou redes interconectadas, desde que um intruso normalmente instala um sniffer após um ataque bem sucedido. Este trabalho discute as técnicas de detecção de sniffers, seus cenários, bem como avalia o uso destas técnicas em uma rede local. As técnicas conhecidas são testadas em um ambiente com diferentes sistemas operacionais, como linux e windows, mapeando os resultados sobre a eficiência das mesmas em condições diversas.

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This thesis presents the study and development of fault-tolerant techniques for programmable architectures, the well-known Field Programmable Gate Arrays (FPGAs), customizable by SRAM. FPGAs are becoming more valuable for space applications because of the high density, high performance, reduced development cost and re-programmability. In particular, SRAM-based FPGAs are very valuable for remote missions because of the possibility of being reprogrammed by the user as many times as necessary in a very short period. SRAM-based FPGA and micro-controllers represent a wide range of components in space applications, and as a result will be the focus of this work, more specifically the Virtex® family from Xilinx and the architecture of the 8051 micro-controller from Intel. The Triple Modular Redundancy (TMR) with voters is a common high-level technique to protect ASICs against single event upset (SEU) and it can also be applied to FPGAs. The TMR technique was first tested in the Virtex® FPGA architecture by using a small design based on counters. Faults were injected in all sensitive parts of the FPGA and a detailed analysis of the effect of a fault in a TMR design synthesized in the Virtex® platform was performed. Results from fault injection and from a radiation ground test facility showed the efficiency of the TMR for the related case study circuit. Although TMR has showed a high reliability, this technique presents some limitations, such as area overhead, three times more input and output pins and, consequently, a significant increase in power dissipation. Aiming to reduce TMR costs and improve reliability, an innovative high-level technique for designing fault-tolerant systems in SRAM-based FPGAs was developed, without modification in the FPGA architecture. This technique combines time and hardware redundancy to reduce overhead and to ensure reliability. It is based on duplication with comparison and concurrent error detection. The new technique proposed in this work was specifically developed for FPGAs to cope with transient faults in the user combinational and sequential logic, while also reducing pin count, area and power dissipation. The methodology was validated by fault injection experiments in an emulation board. The thesis presents comparison results in fault coverage, area and performance between the discussed techniques.

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Pretende-se analisar a adequação do regime das medidas cautelares pessoais, introduzido pela lei 12.403/11 à Constituição por meio de uma abordagem abstrata, debruçando-se puramente sobre o texto introduzido pela referida norma, e de outra empírica, tendo-se como base uma pesquisa sobre prisões em flagrantes ocorridas no município de São Paulo. O referencial para a análise da adequação será os princípios constitucionais regentes das medidas cautelares pessoais, notadamente o da presunção de inocência e da proporcionalidade.

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A dissertação busca identificar a existência de critérios especiais de resolução para planejamentos tributários que envolvam tributos indiretos.

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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

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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

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The industries are getting more and more rigorous, when security is in question, no matter is to avoid financial damages due to accidents and low productivity, or when it s related to the environment protection. It was thinking about great world accidents around the world involving aircrafts and industrial process (nuclear, petrochemical and so on) that we decided to invest in systems that could detect fault and diagnosis (FDD) them. The FDD systems can avoid eventual fault helping man on the maintenance and exchange of defective equipments. Nowadays, the issues that involve detection, isolation, diagnose and the controlling of tolerance fault are gathering strength in the academic and industrial environment. It is based on this fact, in this work, we discuss the importance of techniques that can assist in the development of systems for Fault Detection and Diagnosis (FDD) and propose a hybrid method for FDD in dynamic systems. We present a brief history to contextualize the techniques used in working environments. The detection of fault in the proposed system is based on state observers in conjunction with other statistical techniques. The principal idea is to use the observer himself, in addition to serving as an analytical redundancy, in allowing the creation of a residue. This residue is used in FDD. A signature database assists in the identification of system faults, which based on the signatures derived from trend analysis of the residue signal and its difference, performs the classification of the faults based purely on a decision tree. This FDD system is tested and validated in two plants: a simulated plant with coupled tanks and didactic plant with industrial instrumentation. All collected results of those tests will be discussed

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Equipment maintenance is the major cost factor in industrial plants, it is very important the development of fault predict techniques. Three-phase induction motors are key electrical equipments used in industrial applications mainly because presents low cost and large robustness, however, it isn t protected from other fault types such as shorted winding and broken bars. Several acquisition ways, processing and signal analysis are applied to improve its diagnosis. More efficient techniques use current sensors and its signature analysis. In this dissertation, starting of these sensors, it is to make signal analysis through Park s vector that provides a good visualization capability. Faults data acquisition is an arduous task; in this way, it is developed a methodology for data base construction. Park s transformer is applied into stationary reference for machine modeling of the machine s differential equations solution. Faults detection needs a detailed analysis of variables and its influences that becomes the diagnosis more complex. The tasks of pattern recognition allow that systems are automatically generated, based in patterns and data concepts, in the majority cases undetectable for specialists, helping decision tasks. Classifiers algorithms with diverse learning paradigms: k-Neighborhood, Neural Networks, Decision Trees and Naïves Bayes are used to patterns recognition of machines faults. Multi-classifier systems are used to improve classification errors. It inspected the algorithms homogeneous: Bagging and Boosting and heterogeneous: Vote, Stacking and Stacking C. Results present the effectiveness of constructed model to faults modeling, such as the possibility of using multi-classifiers algorithm on faults classification

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This work proposes a new technique for phasor estimation applied in microprocessor numerical relays for distance protection of transmission lines, based on the recursive least squares method and called least squares modified random walking. The phasor estimation methods have compromised their performance, mainly due to the DC exponential decaying component present in fault currents. In order to reduce the influence of the DC component, a Morphological Filter (FM) was added to the method of least squares and previously applied to the process of phasor estimation. The presented method is implemented in MATLABr and its performance is compared to one-cycle Fourier technique and conventional phasor estimation, which was also based on least squares algorithm. The methods based on least squares technique used for comparison with the proposed method were: forgetting factor recursive, covariance resetting and random walking. The techniques performance analysis were carried out by means of signals synthetic and signals provided of simulations on the Alternative Transient Program (ATP). When compared to other phasor estimation methods, the proposed method showed satisfactory results, when it comes to the estimation speed, the steady state oscillation and the overshoot. Then, the presented method performance was analyzed by means of variations in the fault parameters (resistance, distance, angle of incidence and type of fault). Through this study, the results did not showed significant variations in method performance. Besides, the apparent impedance trajectory and estimated distance of the fault were analysed, and the presented method showed better results in comparison to one-cycle Fourier algorithm