332 resultados para Discretion


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The present study examined the relations of power in the management of the Escola Estadual Presidente Kennedy, including the deliberate decisions on the School Council and School Fund, which guided the organization of the school. We sought to understand the management models that influenced the school organization, promoting contradictions in the decision making process. The school management is intensely marked by management models from the business logics as in the case of managerialism of bureaucracy. The formulation of educational policies based on managerialism has proposed a school-centered management with intense accountability of the school community in planning and monitoring the public services. The influences of these models subsidize hierarchical power relations that undermine the actions of decision-making of the collegiate bodies for the democratization of school management. To develop a research on the power, the investigation was based on studies of Bourdieu and Foucault. These authors understand the power in a relational system in a double sense, both in terms of discipline and the possibility of resistance. A theoreticalmethodological matrix was developed focusing on literature review, document analysis, structured interviews with twelve representatives of the segments belonging to the School Council and School Fund, as well as observations in meetings with the production of field notes. It was found that power relations experienced in the organization and activities of the school boards are marked by changes in public management over the years, promoting the contradictions between the concepts of corporate management originated in the business logics and the perspective of democratic management subsidized by official legislative documents at the national and state levels. The observations in meetings and analysis of the records showed that representatives related to management (president and manager of the school) have a privileged position with regard to exposure of their propositions, and are more likely to take a position in the political game of the collegiate bodies of work. It was also seen that the irregularity of meetings, particularly of the School Fund meetings, limits the experience of operation of the representatives in discussions concerning the planning and monitoring the actions of school management. Reports from representatives of the School Council showed that certain segments related to the management recognize their power of decision, however others have little interfere in the decision-making process in order to expound the desires of those who are represented by them. In the School Fund, the analysis of the records and interviews showed restricted moments of the meeting of representatives, and these only being aimed at choice or approval of the implementation plan prepared by the school management. The results showed no indications of moments of reflection to study the best chance for applicability of resources. This collegiate body (School Fund) has a questionable action when planning and monitoring the applicability of the financial resources of the School. To sum up, it was found that the Escola Estadual Presidente Kennedy still lives hierarchical power relations that undermine the institutionalization of democratic management in the various representative segments may take place in the game of political decision-making processes necessary for the organization of the school

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Background: Treatment of deep-vein thrombosis (DVT) with a once-daily regimen of enoxaparin, rather than a continuous infusion of unfractionated heparin (UFH) is more convenient and allows for home care in some patients. This study was designed to compare the efficacy and safety of these two regimens for the treatment of patients with proximal lower limb DVT. Methods: 201 patients with proximal lower limb DVT from 13 centers in Brazil were randomized in an open manner to receive either enoxaparin [1.5 mg/kg subcutaneous (s.c.) OD] or intravenous (i.v.) UFH (adjusted to aPTT 1.5-2.5 times control) for 5-10 days. All patients also received warfarin (INR 2-3) for at least 3 months. The primary efficacy endpoint Was recurrent DVT (confirmed by venography or ultrasonography), and safety endpoints included bleeding and serious adverse events. The rate of pulmonary embolism (PE) was also collected. Hospitalization was at the physician's discretion. Results: Baseline patient characteristics were comparable between groups. The duration of hospital stay was significantly shorter with enoxaparin than with UFH (3 versus 7 days). In addition, 36% of patients receiving enoxaparin did not need to be hospitalized, whereas all of the patients receiving UFH were! hospitalized. The treatment duration was slightly longer with enoxaparin (8 versus 7 days). There was a nonsignificant trend toward a reduction in the rate of recurrent DVT with enoxaparin versus UFH, and similar safety. Conclusions: A once-daily regimen of enoxaparin 1.5 mg/kg subcutaneous is at least as effective and safe as conventional treatment with a continuous intravenous infusion of UFH. However, the once daily enoxaparin regimen is easier to administer (subcutaneous versus intravenous), does not require aPTT monitoring, and leads to both a reduced number of hospital admissions and an average 4-day-shorter hospital stay. (C) 2004 Elsevier Ltd. All rights reserved.

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Coordenação de Aperfeiçoamento de Pessoal de Nível Superior (CAPES)

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Pós-graduação em Direito - FCHS

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A presente pesquisa parte do pressuposto de que, no Brasil, não se segue uma teoria consistente da decisão penal. Tem por finalidade desenvolver argumentos para demonstrar que a epistemologia garantista de Luigi Ferrajoli apresenta problemas que a afastam do mundo prático e dificultam a construção de fundamentos para impor limites ao poder do juiz criminal. Embora se preocupe bastante com o relativismo interpretativo, propondo uma técnica de formalização da linguagem para reduzir os espaços de incerteza, a teoria do garantismo ainda admite uma margem insuprimível de discricionariedade (sempre pro reo). A proposta da tese é a superação desse modelo semântico de percepção do Direito por uma compreensão hermenêutica do fenômeno. A partir da hermenêutica filosófica (Hans Georg Gadamer) e da teoria do Direito como integridade (Ronald Dworkin), a pesquisa defende a hipótese de que o Direito não é fruto de descobertas (convencionalismo), tampouco de invenções (pragmatismo). Não está, pois, escrito em algum lugar do passado, também não é aquilo que os juízes pensam que ele é; o Direito é uma prática social interpretativa, é fruto da melhor argumentação moral possível. A partir da articulação de conceitos caros a Gadamer (tais como estrutura prévia da compreensão, fusão de horizontes, tradição, diálogo, experiência, finitude e linguagem) com a análise da integridade em Dworkin, a pesquisa – sem a pretensão de corrigir a epistemologia garantista, mas objetivando superar os entraves que uma teoria semântica do Direito pode causar – apresenta a hermenêutica como uma via privilegiada para o controle da decisão penal.

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Problematizar a memória do levante “constitucionalista” de 1932 gravada materialmente nas ruas e praças de São Paulo, refletir sobre os lastros históricos que a compõem, intentando aferir as mudanças e permanências que o tempo e a sociedade se encarregaram de fomentar, são algumas das questões abordadas neste artigo. Para levá-las a efeito, as trilhas abertas pelo marco aos voluntários de 32, no município de Assis, parecem alvissareiras, – seja pelos traços que conserva de seu período de fundação, pela leitura histórica nele inscrita ou, ainda, o estado atual em que se encontra – desvelando os complexos meandros dos processos de “enquadramento da memória”, da luta pela preservação e o arbítrio do esquecimento.

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

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Pós-graduação em Educação Sexual - FCLAR

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

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In the pumping pipelines the located load losses are very important since they have direct influence on hydraulic design of an irrigation system, especially regarding the concentric reducers used in the distribution lines. Hence this work was conducted in the Laboratório de Hidráulica do Centro Federal de Educação Tecnológica de Uberaba. We analyzed 03 concentric reducers PVC 75 x 50 mm, 50 mm and 35 x 35 x 1 "operating at different flow rates. The performance of the tests with the variation of flow in every situation possible to obtain equations to estimate the loss. The equation models presented a high setting, thus enabling the determination of the localized head loss in a situation closer to field reality. For the reduction of 75 x 50 x 35 mm and 50 mm at a flow rate 16.97 m³ h-1 the pressure drop reduction was obtained respectively 0.9263 and 2.7408 mca. To the reduction of 35 x 1 "at a flow rate of 6.02 m³ h-1 was obtained 2.9304 mca pressure drop reduction. The located losses produced by these reductions are relatively high and should be considered with great discretion in hydraulic design of the irrigation system.

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Discusses the termination of desegregation decrees and the elusive meaning of unitary status, first introducing the topic and then covering Jenkins III and providing an overview of desegregation scholarship including discretion, capacity, and legitima. Also discusses the evolution of equity, including English equity, American equity, and equity and desegregation. Explores the concepts of relevant rights and interests, focusing on Hohfeld, the interest theory of rights, and the application of the rights theory. The conclusion posits that what remains is a complicated and confused desegregation jurisprudence, and that the lines that separate desegregation from integration from diversity, if there ever were such lines, are blurring. A discussion of the theoretical premises underlying desegregation appears to continue to be necessary.

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The September l1th Victim Compensation Fund (the Fund) was created in response to the terrorist attacks of September 11, 2001. Much has been written about the Fund, both pro and con, in both popular media and scholarly literature. Perhaps the most widely used term in referring to the Fund is "unprecedented." The Fund is intriguing for many reasons, particularly for its public policy implications and its impact on the claimants themselves. The federal government has never before provided compensation to victims of terrorism through a special master who had virtually unlimited discretion in determining awards. Consequently, this formal allocation of money by a representative of the federal government to its citizens has provided an opportunity to test theories of procedural and distributive justice in a novel context. This article tests these theories by analyzing the results of a study of the Fund's claimants. Part I provides general background, summarizes existing commentary on the Fund, and discusses prior research on social justice that is relevant to the 9/11 claimants' experiences with the Fund. Part II of this article describes the methodology behind the study, in which seventy-one individuals who filed claims with the Fund completed surveys about their experiences with and perceptions of the Fund. Part III discusses the survey results. We found that participants were reasonably satisfied with the procedural aspects of the Fund, such as representatives' impartiality and respectful treatment. Participants were less satisfied, however, with the distributive aspects of the Fund, such as the unequal distribution of compensation and the reduction in compensation if claimants received compensation from other sources (e.g., life insurance). Part IV of this article addresses the implications of the study results for public policy and for theories of social justice.

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I guess the impetus for laws in our state, really was the action of the city of Boston in 1963, when the Parks and Recreation Department felt that it was time to do something about massive populations of pigeons on the Boston Commons and in the city. The Parks Department came to our agency to find out what could be done. We immediately found as a result of a reorganization and recodification of the laws some 20 years before, that it was illegal to use or apply poisons for the purpose of killing any birds or mammals in the Commonwealth of Massachusetts. Property owners were given the privilege to destroy animals that were doing damage to their property, but only through mechanical means, certainly not by the use of toxicants. We helped the city of Boston draft a bill in 1963, which allowed our agency, the Division of Fisheries and Game, the agency responsible for all wildlife species in the state, the opportunity to issue certain permits for the use of poison, giving full authority to the director of Fisheries and Game with, of course, approval of my board. This allowed certain discretion on our part.