A responsabilidade civil dos administradores de companhias abertas: artigo 159, § 6°, LSA e a Business Judgment Rule

O estudo da responsabilidade civil dos administradores de companhias abertas na doutrina nacional trata usualmente dos deveres fiduciários, do ato regular de gestão e da teoria ultra vires, da culpa ou dolo do administrador, das ações ut universi e ut singuli e da solidariedade entre a responsabilidade do administrador e a da companhia. Poucos abordam as causas extintivas dessa responsabilidade, e raro são os que tratam da hipótese de exclusão de responsabilidade do artigo 159, § 6º, da Lei nº 6.404/76. Como a disciplina dos deveres fiduciários prevista na lei societária brasileira tem forte influência do Direito norte-americano, buscou-se na legislação, doutrina e jurisprudência daquele país os fundamentos necessários à melhor interpretação e aplicação da regra de exclusão e, em especial, na business judgment rule, doutrina que protege os administradores contra responsabilização por prejuízos à companhia decorrentes de decisões por eles adotadas, proteção esta também conferida pela hipótese do artigo 159, § 6º, da Lei nº 6.404/76, ao administrador leal e de boa-fé.

Ética civil y ética religiosa en España

Se muestra la existencia en España de una ética civil, coherente con el proceso de secularización y modernización experimentado por las sociedades europeas. Tras una exposición de las bases conceptuales de lo que se considera “ética civil”, y empleando los datos de la encuesta internacional Pew Global Attitudes Project, se contrastan un conjunto de hipótesis para España relativas al peso de factores estructurales (sexo, edad, educación e ideología) en la aceptación de una ética cívica o religiosa, y la influencia de esta en opiniones, actitudes y comportamientos relacionados con la religión en la vida pública. El contraste empírico de las hipótesis especificadas revela la influencia que tiene la opción ética en la opinión pública referida al Estado, la sociedad y la religión. Los resultados son acordes con los expuestos por investigaciones anteriores, validándolos, al emplear expresiones alternativas y permitiendo un análisis novedoso de la ética civil y religiosa en la sociedad española.

Visions of the Spanish Revolution: identities and conflicts in post-welfare societies

This is a case study that analyzes photographic documents of the social protest in Spain between 2011 and 2013. The analysis is qualitative and considers the use of space, the visual expression of the messages and the orientation toward the causes or effects of political, economic and social changes. Visual sociology allows us to appreciate, in the case of the Spanish Revolution, a dynamic of “reflexivity” unrecognizable from other research approaches. Two successive waves of social mobilization in response to two different shocks can be appreciated. The first is given by political corruption, unemployment and the threat to consumer society. The second shock is caused by the savage cuts in the Welfare State. Social mobilization is expressed differently in each phase, and the forms taken by the protests show how the class structure in post industrial society shapes the reactions to the crisis of the Welfare State.

The Missing Piece: Empowerment of Roma Grassroots Organisations in EU Roma Integration Policies. IES Policy Brief Issue 2014/10/December 2014

Summary. The fourth edition of Roma Pride has brought Roma civic activism back in the spotlight. This Roma-rights mobilization, taking place every October in several European cities, has emphasized the centrality of an active civil society in pursuing a successful integration of the Roma in Europe. The ‘Award for Roma Integration’ and the ‘Civil Society Prize 2014’ conferred last October by the European Union (EU) to Roma and pro-Roma Civil Society Organizations (CSOs) have confirmed this approach. Nonetheless, a general discontent towards the EU Roma Integration Policies exists within the Roma Civil Society, who calls for stronger support to and the promotion of “Romaled change”. This Policy Brief investigates the reasons behind such discontent and identifies the ‘distance’ from Roma communities as the Achilles heel of EU policies. It argues for further efforts by the EU to empower Roma organisations operating at the grassroots through community capacity building, structured dialogue and simplification of the funding mechanisms.

Patterns of civil society after authoritarianism: a comparison of Portugal and Spain, 1970s-2000s. CES Papers - Open Forum #17, 2013-2014

In this paper we argue that patterns of civil society in post-authoritarian democracies are the result of divergent pathways to democracy. Through a comparison of contemporary Portugal (social revolution) and Spain (reform), we show that revolutionary pathways to democracy have a positive impact on the self-organizing abilities of popular groups, thus also contributing to a higher quality of democracy. There are three mechanisms in social revolutionary processes that contribute to this. The first stems from the fact that the masses are the key actor in the revolutionary transformation process, with the power to shape (at least partially) the new rules and institutions of the emerging democratic regime. This results in greater legal recognition and institutional embeddedness between civil society organizations and the state, making it easier, in turn, for resources to be transferred to those organizations. Secondly, as a result of changes to the social and economic structure, revolutions engender more egalitarian societies. Likewise, citizens are given more resources and capacities for collective action. Finally, revolutions tend to crystalize a political culture between elites and the masses in which the principles of egalitarian participation and social change through the action of the people are accepted. This all leads to greater opportunities, resources and legitimacy for the civic action of the common people during the subsequent democratic regime.

The Weakness of Post-Communist Civil Society Reassessed. CES Papers - Open Forum #11, 2012

During the last two decades, scholars from a variety of disciplines have argued that civil society is structurally deficient in post-communist countries. Yet why have the seemingly strong, active and mobilized civic movements of the transition period become so weak after democracy was established? And why have there been diverging political trajectories across the post-communist space if civil society structures were universally weak? This paper uses a wide range of data from various available sources to show that civil societies in Central and Eastern European countries are not as feeble as is commonly assumed. Some post-communist countries possess vigorous public spheres, and active civil society organizations strongly connected to transnational civic networks able to shape domestic policies. Following the calls by Anheier (2004) and Bernhard and Karakoç (2007) we adopt a multidimensional approach to the measurement of civil society. In a series of cross-section timeseries models, we show that our broader measures of civic and social institutions are able to predict the diverging transition paths among post-communist regimes, and in particular the growing gap between democratic East Central Europe and the increasingly authoritarian post-Soviet space.

European regions in Brussels: towards functional interest representation? Bruges Political Research Papers 53/2016

Opportunities structures for participation in EU policy-making are characterised by the inefficiency of institutional channels of territorial representation and the progressive inclusion of broad civil society in new systems of consultation and cooperation with EU institutions. Recent Multilevel Governance literature has recognised an increasing convergence in strategies of territorial and functional actors to respond to these challenges. Nevertheless, it has neglected the partial shift of European regions from territorial institutional representation to lobbying strategies based on acting as intermediaries for functional interests. Through strong cooperation with the private sector, regions go beyond their purely institutional roles, partly presenting themselves as actors of functional representation and thus playing by the same rules of most lobbying actors in Brussels: providing specialised and genuine information to EU institutions in exchange for inclusion in the policy-making process.

In war time.

Mitchell, S.W., hon. degree, 1896.

The history of the Puritans, or Protestant non-conformists, with an account of their principles; their attempts for a further reformation in the church; their sufferings; and the lives and characters of their most considerable divines.

Vols. II-III have imprint: Published by Charles Ewer, Boston; and William B. Allen & co., Newburyport, Ms. 1817. Wm. B. Allen & co. prnters: vol. IV-V: Published by Charles Ewer, Boston; and E. W. Allen, Newburyport, Mass. 1817. E. W. Allen printer (vol. V. omits "Mass")

Report on the Progress of Civil Aviation

Title varies: May-Oct.1919, [pt.1] Synopsis of Progress of Work in the Dept. of Civil Aviation; [pt.2] Synopsis of Progress of Civil Aviation in Foreign Countries; 1919/10-1921/22, Half-Yearly Report on the Progress of Civil Aviation; 1922/23-1925/26, Annual Report on the Progress of Civil Aviation

Social capital society and peace: Reflections on conflict transformation in the Philippines

Civil society is recognised as comprising complex and multifaceted entities, resilient to and yet responsive to both the state apparatus and global market processes. Civil society in the Philippines, long regarded as one of the most vibrant, diverse and innovative in Asia, has emerged as a significant actor in the field of conflict resolution and peace-building. In thinking about the work of peace, this paper engages with the effectiveness of civil society in mobilising societal awareness for a ‘just and lasting peace’ in the southern Philippines. Shaped by development paradigms that privilege concepts such as social capital, the paper aims to interrogate how such concepts situated within the development–security nexus proposed by the Philippine government and funding agencies have influenced conflict-transformation initiatives in Mindanao, Philippines.

Collective action and civil disobedience: the anti-GMO campaign of the Faucheurs volontaires

Civil disobedience has hitherto enjoyed only a relatively marginal place in the repertoires of French social movements, but has recently emerged as a key rallying frame for social mobilization, especially among environmental and counter-globalization movements. This paper examines the theory and practice of civil disobedience in the French context through an analysis of one such movement, the anti-GM Faucheurs Volontaires. Discussing the highly controversial campaign's positioning as 'civic disobedience', the article examines contested discourses of violence surrounding crop destruction, and the state responses to action, before asking what the campaign's claims to Republican civism mean for traditional notions of the relationship between state and challenging groups in France. It argues that framing action as civil disobedience is central to attempts to construct political and popular legitimacy, in terms of the campaign's national, international, and sectoral goals.

Nonlinearity in all-night sleep EEG recorded with foramen ovale electrodes in a patient with temporal lobe epilepsy

Objective: It is investigated to which extent measures of nonlinearity derived from surrogate data analysis are capable to quantify the changes of epileptic activity related to varying vigilance levels. Methods: Surface and intracranial EEG from foramen ovale (FO-)electrodes was recorded from a patient with temporal lobe epilepsy under presurgical evaluation over one night. Different measures of nonlinearity were estimated for non-overlapping 30-s segments for selected channels from surface and intracranial EEG. Additionally spectral measures were calculated. Sleep stages were scored according to Rechtschaffen/Kales and epileptic transients were counted and classified by visual inspection. Results: In the intracranial recordings stronger nonlinearity was found ipsilateral to the epileptogenic focus, more pronounced in NREM sleep, weaker in REM sleep. The dynamics within the NREM episodes varied with the different nonlinearity measures. Some nonlinearity measures showed variations with the sleep cycle also in the intracranial recordings contralateral to the epileptic focus and in the surface EEG. It is shown that the nonlinearity is correlated with short-term fluctuations of the delta power. The higher frequency of occurrence of clinical relevant epileptic spikes in the first NREM episode was not clearly reflected in the nonlinearity measures. Conclusions: It was confirmed that epileptic activity renders the EEG nonlinear. However, it was shown that the sleep dynamics itself also effects the nonlinearity measures. Therefore, at the present stage it is not possible to establish a unique connection between the studied nonlinearity measures and specific types of epileptic activity in sleep EEG recordings.