Capitalismo e direitos humanos de solidariedade: elementos para uma crítica

Nosso estudo busca identificar a conexão material entre o capitalismo e os direitos humanos de solidariedade. Esses direitos, segundo a teoria jurídica e as declarações internacionais, ao contemplarem toda a humanidade, ao conceberem o gênero humano como sujeito de direito, são a mais elevada expressão do progresso da consciência humana no que concerne a dignidade do homem e as ameaças contra a vida coletiva na Terra. Nós propomos, ao contrário, que os direitos humanos de terceira geração exprimem as formas mais abstratas do capitalismo depois da Segunda Guerra Mundial, especialmente aquelas que correspondem à finança e à mundialização do capital. A sociedade burguesa internacionalizada tornou-se ela mesma, em suas categorias fundamentais, mais abstrata, e as categorias jurídicas seguiram este mesmo movimento. E de modo similar ao que sucede com os direitos humanos de primeira geração e de segunda geração, as palavras charmosas apresentadas pelo humanismo jurídico portam, discretamente, a exploração capitalista. Os direitos ao patrimônio comum da humanidade, ao meio ambiente sadio, ao desenvolvimento e mesmo o direito à paz, cada um deles reproduz os meios de apropriação e organização capitalista do imperialismo os mesmos meios que dão suporte aos lucros privados sobre os bens coletivos, que mantêm a dominação imperialista e que preparam as guerras no interior do sistema de Estados. O idealismo e a visão romântica sobre os direitos humanos escondem esta contradição, e é preciso expô-la, é preciso superar a ideologia jurídica. Nossa crítica marxista, realizada pela crítica do capital e de sua forma jurídica em escala internacional, é um esforço nesta direção.

The Case Law of the ECJ concerning the Free Provision of Services : 2000 - 2005. Research Papers in Law, 2/2006

Introduction. The present overview covers the period starting from 2000 until the end of 2005.1 This is the follow-up to our overview covering the 1995-1999 period.2 The first striking feature of the present contribution is that it has to deal with almost 3,5 times as many cases as the previous one. Hence, the ECJ has gone from deciding 40 cases in the five year period between 1995- 1999 to deciding over 140 cases based on Art 49 between 2000-2005. This confirms, beyond any doubt, the tendency already observed in our previous overview, that a “third generation” case law on services is being developed at a very rapid pace by the ECJ. This third generation case law is based on the idea that Article 49 EC is not limited to striking down discriminatory measures but extends to the elimination of all hindrances to the free provision of services. This idea was first expressed in the Tourist Guide cases, the Greek and Dutch TV cases and most importantly in the Säger case.3 It has been confirmed ever since. As was to be expected, this broad brush approach of the Court’s has led to an ever-increasing amount of litigation reaching Luxemburg. It is clear that, if indicators were used to weight the importance of the Court’s case law during the relevant period, services would score much higher than goods, both from a quantitative and from a qualitative perspective.4 Hence, contrary to the previous overview, this one cannot deal in detail with any of the judgments delivered during the reference period. The aim of the present contribution is restricted to presenting the basic trends of the Court’s case law in the field of services Therefore, the analysis follows a fundamentally horizontal approach, fleetingly considering the facts of individual cases, with a view to identifying the conceptual premises of the Court’s approach to the free movement of services. Nonetheless, the substantial solutions adopted by the Court in some key topics, such as concession contracts, healthcare services, posted workers and gambling, are also presented as case studies. In this regard, the analysis is organized in four sections. First we explore the (ever expanding) scope of the freedom to provide services (Section 2), then we go on to identify the nature of the violations and of justifications thereto (Section 3), before carrying out some case studies to concretely illustrate the above (Section 4). Then, for the sake of completeness, we try to deduce the general principles running through the totality of the relevant case law (Section 5). Inevitably, some concluding remarks follow (Section 6).5

The EU regime on biofuels in transport: Still in search of sustainability. Egmont Paper No. 68, July 2014

Like other regions of the world, the EU is developing biofuels in the transport sector to reduce oil consumption and mitigate climate change. To promote them, it has adopted favourable legislation since the 2000s. In 2009 it even decided to oblige each Member State to ensure that by 2020 the share of energy coming from renewable sources reached at least 10% of their final consumption of energy in the transport sector. Biofuels are considered the main instrument to reach that percentage since the development of other alternatives (such as hydrogen and electricity) will take much longer than expected. Meanwhile, these various legislative initiatives have driven the production and consumption of biofuels in the EU. Biofuels accounted for 4.7% of EU transport fuel consumption in 2011. They have also led to trade and investment in biofuels on a global scale. This large-scale expansion of biofuels has, however, revealed numerous negative impacts. These stem from the fact that first-generation biofuels (i.e., those produced from food crops), of which the most important types are biodiesel and bioethanol, are used almost exclusively to meet the EU’s renewable 10% target in transport. Their negative impacts are: socioeconomic (food price rises), legal (land-grabbing), environmental (for instance, water stress and water pollution; soil erosion; reduction of biodiversity), climatic (direct and indirect land-use effects resulting in more greenhouse gas emissions) and public finance issues (subsidies and tax relief). The extent of such negative impacts depends on how biofuel feedstocks are produced and processed, the scale of production, and in particular, how they influence direct land use change (DLUC) and indirect land use change (ILUC) and the international trade. These negative impacts have thus provoked mounting debates in recent years, with a particular focus on ILUC. They have forced the EU to re-examine how it deals with biofuels and submit amendments to update its legislation. So far, the EU legislation foresees that only sustainable biofuels (produced in the EU or imported) can be used to meet the 10% target and receive public support; and to that end, mandatory sustainability criteria have been defined. Yet they have a huge flaw. Their measurement of greenhouse gas savings from biofuels does not take into account greenhouse gas emissions resulting from ILUC, which represent a major problem. The Energy Council of June 2014 agreed to set a limit on the extent to which firstgeneration biofuels can count towards the 10% target. But this limit appears to be less stringent than the ones made previously by the European Commission and the European Parliament. It also agreed to introduce incentives for the use of advanced (second- and third-generation) biofuels which would be allowed to count double towards the 10% target. But this again appears extremely modest by comparison with what was previously proposed. Finally, the approach chosen to take into account the greenhouse gas emissions due to ILUC appears more than cautious. The Energy Council agreed that the European Commission will carry out a reporting of ILUC emissions by using provisional estimated factors. A review clause will permit the later adjustment of these ILUC factors. With such legislative orientations made by the Energy Council, one cannot consider yet that there is a major shift in the EU biofuels policy. Bolder changes would have probably meant risking the collapse of the high-emission conventional biodiesel industry which currently makes up the majority of Europe’s biofuel production. The interests of EU farmers would have also been affected. There is nevertheless a tension between these legislative orientations and the new Commission’s proposals beyond 2020. In any case, many uncertainties remain on this issue. As long as solutions have not been found to minimize the important collateral damages provoked by the first generation biofuels, more scientific studies and caution are needed. Meanwhile, it would be wise to improve alternative paths towards a sustainable transport sector, i.e., stringent emission and energy standards for all vehicles, better public transport systems, automobiles that run on renewable energy other than biofuels, or other alternatives beyond the present imagination.

Round the red lamp : being facts and fancies of medical life /

Behind the times -- His first operation -- A straggler of '15 -- The third generation -- A false start -- The curse of Eve -- Sweethearts -- A physiologist's wife -- The case of Lady Sannox -- A question of diplomacy -- A medical document -- Lot no. 249 -- The Los Amigos fiasco -- The doctors of Hoyland -- The surgeon talks.

Vrouw Grobelaar and her leading cases,

Unto the third generation.--The dream-face.--The avenger of blood.--The hands of the pitiful woman.--Piet Naude's trek.--Like unto like.--Counting the colors.--The king of the baboons.--Morder drift.--A good end.--Vasco's sweetheart.--The Peruvian.--Tagalash.--The home kraal.--The sacrifice.--The coward.--Her own story.

Australian and New Zealand practice in intensive care (ANZPIC II: The spectrum of practice in the diagnosis and management of pneumonia in patients requiring mechanical ventilation

This study of ventilated patients investigated current clinical practice in 476 episodes of pneumonia (48% community-acquired pneumonia, 24% hospital-acquired pneumonia, 28% ventilator-associated pneumonia) using a prospective survey in 14 intensive care units (ICUs) within Australia and New Zealand. Diagnostic methods and confidence, disease severity, microbiology and antibiotic use were assessed. All pneumonia types had similar mortality (community-acquired pneumonia 33%, hospital-acquired pneumonia 37% and ventilator-associated pneumonia 24%, P = 0.15) with no inter-hospital differences (P = 0.08-0.91). Bronchoscopy was performed in 26%, its use predicted by admission hospital (one tertiary: OR 9.98, CI 95% 5.11-19.49, P < 0.001; one regional: OR 629, CI 95% 3.24-12.20, P < 0.001), clinical signs of consolidation (OR 3.72, CI 95% 2.09-662, P < 0.001) and diagnostic confidence (OR 2.19, CI 95% 1.29-3.72, P = 0.004). Bronchoscopy did not predict outcome (P = 0.11) or appropriate antibiotic selection (P = 0.69). Inappropriate antibiotic prescription was similar for all pneumonia types (11-13%, P = 0.12) and hospitals (0-16%, P = 0.25). Blood cultures were taken in 51% of cases. For community-acquired pneumonia, 70% received a third generation cephalosporin and 65% a macrolide. Third generation cephalosporins were less frequently used for mild infections (OR 0.38, CI 95% 0.16-0.90, P = 0.03), hospital-acquired pneumonia (OR 0.40, CI 95% 0.23-0.72, P < 0.01), ventilator-associated pneumonia (OR 0.04, CI 95% 0.02-0.13, P < 0.001), suspected aspiration (OR 0.20, CI 95% 0.04-0.92, P = 0.04), in one regional (OR 0.26, CI 95% 0.07-0.97, P = 0.05) and one tertiary hospital (OR 0.14, CI 95% 0.03-0.73, P = 0.02) but were more commonly used in older patients (OR 1.02, CI 95% 1.01-1.03, P = 0.01). There is practice variability in bronchoscopy and antibiotic use for pneumonia in Australian and New Zealand ICUs without significant impact on patient outcome, as the prevalence of inappropriate antibiotic prescription is low. There are opportunities for improving microbiological diagnostic work-up for isolation of aetiological pathogens.

Long-term persistence of multi-drug-resistant Salmonella enterica serovar Newport in two dairy herds

Objective - To evaluate the association between maintaining joint hospital and maternity pens;and persistence of multi-drug-resistant (MDR) Salmonella enterica serovar Newport on 2 dairy farms. Design - Observational study. Sample Population - Feces and environmental samples from 2 dairy herds. Procedure - Herds were monitored for fecal shedding of S enterica Newport after outbreaks of clinical disease. Fecal and environmental samples were collected approximately monthly from pens housing sick cows and calving cows and from pens containing lactating cows. Cattle shedding the organism were tested serially on subsequent visits to determine carrier status. One farm was resampled after initiation of interventional procedures, including separation of hospital and maternity pens. Isolates were characterized via serotyping, determination of antimicrobial resistance phenotype, detection of the CMY-2 gene, and DNA fingerprinting. Results - The prevalence (32.4% and 33.3% on farms A and B, respectively) of isolating Salmonella from samples from joint hospital-maternity pens was significantly higher than the prevalence in samples from pens housing preparturient cows (0.8%, both farms) and postparturient cows on Farm B (8.8%). Multi-drug-resistant Salmonella Newport was isolated in high numbers from bedding material, feed refusals, lagoon slurry, and milk filters. One cow excreted the organism for 190 days. Interventional procedures yielded significant reductions in the prevalences of isolating the organism from fecal and environmental samples. Most isolates were of the C2 serogroup and were resistant to third-generation cephalosporins. Conclusions and Clinical Relevance - Management practices may be effective at reducing the persistence of MDR Salmonella spp in dairy herds, thus mitigating animal and public health risk.

Population dynamics and gene flow of Helicoverpa armigera (Lepidoptera : Noctuidae) on cotton and grain crops in the Murrumbidgee Valley, Australia

The population dynamics of Helicoverpa armigera (Hubner) (Lepidoptera: Noctuidae) in the Murrumbidgee Valley, Australia, has been characterized using five highly variable microsatellite loci. In the 2001-2002 growing season, there were very high levels of migration into the Murrumbidgee Valley with no detectable genetic structuring, consistent with previous analyses on a national scale. By contrast, there was significant genetic structuring over the 2002-2003 growing season, with three distinct genetic types detected. The first type corresponded to the first two generations and was derived from local individuals emerging from diapause and their progeny. The second genetic type corresponded to generation 3 and resulted from substantial immigration into the region. There was another genetic shift in generation 4, which accounts for the third genetic type of the season. This genetic shift occurred despite low levels of immigration. During the third generation of the 2002-2003 growing season, different population dynamics was characterized for H. armigera on maize, Zea mays L., and cotton Gossipium hirsutum L. Populations on cotton tended to cycle independently with very little immigration from outside the region or from maize within the region. Maize acted as a major sink for immigrants from cotton and from outside the region. If resistance were to develop on cotton under these circumstances, susceptible individuals from maize or from other regions would not dilute this resistance. In addition, resistance is likely to be transferred to maize and be perpetuated until diapause, from where it may reemerge next season. If low levels of immigration were to occur on transgenic cotton, this may undermine the effectiveness of refugia, especially noncotton refugia.

A PASSAGEM DO BASTÃO PARA HERDEIRAS: O CASO DE UMA EMPRESA DO ABC PAULISTA EM FASE DE PREPARAÇÃO PARA A SUCESSÃO FAMILIAR

Este estudo tem como finalidade primeira contribuir com o debate especializado que enfrenta o desafio de apontar caminhos que auxiliem as empresas familiares a garantirem a própria continuidade a partir da segunda geração de dirigentes. Embora imprecisas e desatualizadas, as estatísticas mostram que 70% dos negócios familiares sucumbem ao alcançarem a segunda geração e, em média, apenas 15% conseguem sobreviver até a terceira geração. A sucessão constitui o tema de maior atenção dos especialistas. Entretanto, há indicações de que, embora as pesquisas se multipliquem a cada ano, existe uma relativa estagnação teórica do campo. Nos últimos anos observa-se um discreto aumento de participação de mulheres em cargos de presidência das empresas familiares que, historicamente,influenciadas pela cultura patriarcal,elegem seus filhos herdeiros como sucessores. Este estudo, portanto, foi orientado pelo objetivo geral de identificar elementos do processo sucessório que permitam o aprofundamento da aparente mudança que está ocorrendo nas empresas familiares, evidenciada pelo discreto aumento do repasse do comando às mulheres, o que, a princípio, contraria a tradição patriarcal. De modo específico, este estudo foi orientado pelos seguintes objetivos: i) analisar a práxis de determinada família empresária que, tendo inaugurado o processo sucessório em sua empresa, encontra-se em fase de preparação de uma filha para assumir o comando do negócio no lugar do pai/fundador; ii) à luz do conhecimento teórico acumulado e da práxis da família empresária investigada reunir um conhecimento que permita a formulação de hipóteses que contribuam com o aprofundamento da problemática tratada neste estudo. Trata-se de uma pesquisa de caráter exploratório que emprega os seguintes métodos: qualitativo, monográfico/estudo de caso e dialético. A unidade de análise é a família proprietária de uma empresa sediada na região do ABC Paulista há 30 anosque se encontra em fase de preparação de uma filha (herdeira) para assumir o comando no lugar do pai/fundador. Existem evidências de que a decisão sucessória foi tomada estrategicamente com afinalidade de garantir que o patrimônio familiar continue sendo controlado pelo fundador, conforme preconiza o modelo de patrimonialismo patriarcal que se faz presente na sociedade brasileira.

Childhood ethnic differences in ametropia and ocular biometry:the Aston Eye Study

Purpose: To describe the methodology, sampling strategy and preliminary results for the Aston Eye Study (AES), a cross-sectional study to determine the prevalence of refractive error and its associated ocular biometry in a large multi-racial sample of school children from the metropolitan area of Birmingham, England. Methods: A target sample of 1700 children aged 6–7 years and 1200 aged 12–13 years is being selected from Birmingham schools selected randomly with stratification by area deprivation index (a measure of socio-economic status). Schools with pupils predominantly (>70%) from a single race are excluded. Sample size calculations account for the likely participation rate and the clustering of individuals within schools. Procedures involve standardised protocols to allow for comparison with international population-based data. Visual acuity, non-contact ocular biometry (axial length, corneal radius of curvature and anterior chamber depth) and cycloplegic autorefraction are measured in both eyes. Distance and near oculomotor balance, height and weight are also assessed. Questionnaires for parents and older children will allow the influence of environmental factors on refractive error to be examined. Results: Recruitment and data collection are ongoing (currently N = 655). Preliminary cross-sectional data on 213 South Asian, 44 black African Caribbean and 70 white European children aged 6–7 years and 114 South Asian, 40 black African Caribbean and 115 white European children aged 12–13 years found myopia prevalence of 9.4% and 29.4% for the two age groups respectively. A more negative mean spherical equivalent refraction (SER) was observed in older children (-0.21 D vs +0.87 D). Ethnic differences in myopia prevalence are emerging with South Asian children having higher levels than white European children 36.8% vs 18.6% (for the older children). Axial length, corneal radius of curvature and anterior chamber depth were normally distributed, while SER was leptokurtic (p < 0.001) with a slight negative skew. Conclusions: The AES will allow ethnic differences in the ocular characteristics of children from a large metropolitan area of the UK to be examined. The findings to date indicate the emergence of higher levels of myopia by early adolescence in second and third generation British South Asians, compared to white European children. The continuation of the AES will allow the early determinants of these ethnic differences to be studied.

Advanced handover procedure for cellular communication systems

Third Generation cellular communication systems are expected to support mixed cell architecture in which picocells, microcells and macrocells are used to achieve full coverage and increase the spectral capacity. Supporting higher numbers of mobile terminals and the use of smaller cells will result in an increase in the number of handovers, and consequently an increase in the time delays required to perform these handovers. Higher time delays will generate call interruptions and forced terminations, particularly for time sensitive applications like real-time multimedia and data services. Currently in the Global System for Mobile communications (GSM), the handover procedure is initiated and performed by the fixed part of the Public Land Mobile Network (PLMN). The mobile terminal is only capable of detecting candidate base stations suitable for the handover; it is the role of the network to interrogate a candidate base station for a free channel. Handover signalling is exchanged via the fixed network and the time delay required to perform the handover is greatly affected by the levels of teletraffic handled by the network. In this thesis, a new handover strategy is developed to reduce the total time delay for handovers in a microcellular system. The handover signalling is diverted from the fixed network to the air interface to prevent extra delays due to teletraffic congestion, and to allow the mobile terminal to exchange signalling directly with the candidate base station. The new strategy utilises Packet Reservation Multiple Access (PRMA) technique as a mechanism to transfer the control of the handover procedure from the fixed network to the mobile terminal. Simulation results are presented to show a dramatic reduction in the handover delay as compared to those obtained using fixed channel allocation and dynamic channel allocation schemes.

Digital video transmission over wireless networks

The advent of the Integrated Services Digital Network (ISDN) led to the standardisation of the first video codecs for interpersonal video communications, followed closely by the development of standards for the compression, storage and distribution of digital video in the PC environment, mainly targeted at CD-ROM storage. At the same time the second-generation digital wireless networks, and the third-generation networks being developed, have enough bandwidth to support digital video services. The radio propagation medium is a difficult environment in which to deploy low bit error rate, real time services such as video. The video coding standards designed for ISDN and storage applications, were targeted at low bit error rate levels, orders of magnitude lower than the typical bit error rates experienced on wireless networks. This thesis is concerned with the transmission of digital, compressed video over wireless networks. It investigates the behaviour of motion compensated, hybrid interframe DPCM/DCT video coding algorithms, which form the basis of current coding algorithms, in the presence of high bit error rates commonly found on digital wireless networks. A group of video codecs, based on the ITU-T H.261 standard, are developed which are robust to the burst errors experienced on radio channels. The radio link is simulated at low level, to generate typical error files that closely model real world situations, in a Rayleigh fading environment perturbed by co-channel interference, and on frequency selective channels which introduce inter symbol interference. Typical anti-multipath techniques, such as antenna diversity, are deployed to mitigate the effects of the channel. Link layer error control techniques are also investigated.

Development and validaton of an indicator to compare antibiotic usage in secondary care in England

The use of antibiotics was investigated in twelve acute hospitals in England. Data was collected electronically and by questionnaire for the financial years 2001/2, 2002/3 and 2003/4. Hospitals were selected on the basis of their Medicines Management Self-Assessment Scores (MMAS) and included a cohort of three hospitals with integrated electronic prescribing systems. The total sample size was 6.65% of English NHS activity for 2001/2 based on Finished Consultant Episode (FCE) numbers. Data collected included all antibiotics dispensed (ATC category J01), hospital activity FCE's and beddays, Medicines Management Self-assessment scores, Antibiotic Medicines Management scores (AMS), Primary Care Trust (PCT) of origin of referral populations, PCT antibiotic prescribing rates, Index of Multiple Deprivation for each PCT. The DDD/FCE (Defined Daily Dose/FCE) was found to correlate with the DDD 100beddays (r = 0.74 pthird generation to first/second generation cephalosporin use, and five percent as the limit for parenteral quinolone DOD of total quinolone DOD usage. It was possible to demonstrate a correlation between the IMD 2000 and primary care antibiotic prescribing rates but not between primary and secondary care antibiotic prescribing rates for the same referral population or between the weighted mean IMD 2000 for each hospital's referral population and the hospital antibiotic prescribing rate.

Variability of the permetric response in normals and in glaucoma

This study investigated the variability of response associated with various perimetric techniques, with the aim of improving the clinical interpretation of automated static threshold perirnetry. Evaluation of a third generation of perimetric threshold algorithms (SITA) demonstrated a reduction in test duration by approximately 50% both in normal subjects and in glaucoma patients. SITA produced a slightly higher, but clinically insignificant, Mean Sensitivity than with the previous generations of algorithms. This was associated with a decreased between-subject variability in sensitivity and hence, lower confidence intervals for normality. In glaucoma, the SITA algorithms gave rise to more statistically significant visual field defects and a similar between-visit repeatability to the Full Threshold and FASTPAC algorithms. The higher estimated sensitivity observed with SITA compared to Full Threshold and FASTPAC were not attributed to a reduction in the fatigue effect. The investigation of a novel method of maintaining patient fixation, a roving fixation target which paused immediately prior lo the stimulus presentation, revealed a greater degree of fixational instability with the roving fixation target compared to the conventional static fixation target. Previous experience with traditional white-white perimetry did not eradicate the learning effect in short-wavelength automated perimetry (SWAP) in a group of ocular hypertensive patients. The learning effect was smaller in an experienced group of patients compared to a naive group of patients, but was still at a significant level to require that patients should undertake a series of at least three familiarisation tests with SWAP.

The factors affecting attitudes toward HSDPA service and intention to use:a cross-cultural comparison between Asia and Europe

HSDPA (High-Speed Downlink Packet Access) is a 3.5-generation asynchronous mobile communications service based on the third generation of W-CDMA. In Korea, it is mainly provided in through videophone service. Because of the diffusion of more powerful and diversified services, along with steep advances in mobile communications technology, consumers demand a wide range of choices. However, because of the variety of technologies, which tend to overflow the market regardless of consumer preferences, consumers feel increasingly confused. Therefore, we should not adopt strategies that focus only on developing new technology on the assumption that new technologies are next-generation projects. Instead, we should understand the process by which consumers accept new forms of technology and devise schemes to lower market entry barriers through strategies that enable developers to understand and provide what consumers really want.