A responsabilização criminal no estado democrático de direito: o equilíbrio entre a efetividade e os limites da pretensão punitiva da sociedade

This paper analyzes the relationship between fundamental rights and the exercise of the claim punitive society in a democratic state. It starts with the premise that there are fundamental rights that limit and determine the validity of all forms of manifestation of the claim punitive society (legislating, investigative, adjudicative or ministerial) and there are others that require the state the right exercise, fast and effective of these activities. Travels to history in order to see that the first meaning of these rights was built between the seventeenth and eighteenth centuries, after all a history of abuses committed by state agents in the exercise of criminal justice, and positively valued in the declarations of human rights and proclaimed in the constitutions after the American and French Revolutions, while the second meaning has been assigned between the nineteenth and twentieth centuries, when, because of the serious social problems generated largely by absenteeism state, it was noted that in addition to subjective rights the individual against the state, fundamental rights are also objective values, which trigger an order directed the state to protect them against the action of the offending individuals themselves (duty to protect), the mission of which the State seeks to discharge, among other means, through the issue of legal rules typifying the behavior detrimental to such rights, subject to penalties, and the concrete actions of public institutions created by the Constitution to operate penal law. Under this double bias, it is argued that the rule violates the Constitution in the exercise of the claim punitive society as much as by excess malfere fundamental rights that limit, as when it allows facts wrong by offending fundamental rights, remain unpunished either by inaction or by insufficient measures taken abstractly or concretely provided

Parâmetros de concretização judicial do direito fundamental à saúde no fornecimento de medicamentos

In Brazil, social rights have always been considered secondary legal categories, whose implementation could wait for the pending of political decisions. At the end of the Second World War, International Law emphasizes the protection of human beings, raising his dignity as a legal pillar of the legal orders and one of the main foundations of Constitutions. At the post-positivism Constitutionalism, the realization of social rights receives special attention with the assumption of supremacy and normativity of the Constitutions, while the judiciary participates in the realization of democracy, not only as applicator of laws, but also as the guardian of constitutionality of the acts and administrative omissions, creatively contributing to the constitutional achievement, filling gaps and normative state omissions. In this aspect, the supply of medicines, whose costs can not be supported by the individual, keep a close connection with the right to life, health and dignity of the human being, as the subject of numerous lawsuits directed against the Public Administration. Such phenomenon has caused intense debate regarding judicial activism and legitimacy of these decisions, particularly on the need to define what are the limits and possibilities considering the principle of separation of powers and the principle of reserve of the possible; bieng this the problematic developed in this research. Thus, this research aims to verify the legitimacy of judicial decisions that determines to the Public Administration the compulsory providing of medicine to those who can not afford the cost of their treatment, as well as, contribute to the dogmatic constructions of parameters to be observed by judicial interference. Regarding the methodology, this research has an investigative and descriptive caracter and an theoretical approach based on bibliographical data collection (judicial and doutrine decisions) that received qualitative treatment and dialectical approach. As a result, it is known that the judicial decision that determines the supply of medicines to those individuals who can not afford them with their own resources is legitimate and complies with the democratic principle, not violating the principle of separation of powers and the reserve of the possible, since the judicial decison is not stripped with an uniform and reasonable criteria, failing to contain high burden of subjectivism and witch signifies a possible exacerbation of functions by the judiciary, suffering, in this case, of requirement of legal certainty. It is concluded that the Court decision that determines the government the providing of medicine to those who can not afford the cost of treatment should be based on parameters such as: the protection of human dignity and the minimum existencial principle, the inafastable jurisdiction principle; compliance critique of the possible reserve principle; subsidiarity of judicial intervention; proportionality (quantitative and qualitative) in the content of the decision; the questioning about the reasons for non-delivery of the drug through administrative via; and, finally, the attention not to turn the judiciary into a mere production factor of the pharmaceutical industry, contributing to the cartelization of the right to health

Mediação como instrumento de desjudicialização das questões familiares: constitucionalização do Direito de Família

The Liberal Constitutionalism emerged from the late eighteenth century, a period of major revolutions (French and American), fruit of the struggle for libertarian rights. Although the time of the first written constitutions, these were linked to mere political letters, did not provide for fundamental human rights, as it is, so only on the state organization, structure of powers, division of powers of the state and some relations between state and individuals. There was a clear division between the civil codes and constitutions, those governing private relations and acted as barriers to non-state intervention. After the Second World War, the constitutions are no longer Letters political order to establish how the human person, in order to enshrine the fundamental rights, the primacy of constitutional principles and take their normative function against ordinary legislator. Constitutional evolution gave the name of contemporary constitutionalism, based on repersonalization or despatrimonialização of Private Law, ceasing the separation of legislative civil codes and constitutions, in favor of the protection of fundamental rights of the human person. And this tendency to the Brazilian Federal Constitution of 1988 brought higher ground the dignity of the human person, the epicenter axiological legal to govern private relations, including family law. The constitutionalization of family law motivates the adoption of desjudicialização family issues, so as to respect the direio intimacy, privacy, private autonomy and access to justice. Conflictual family relationships require special treatment, given the diversity and dynamism of their new compositions. The break in the family relationship is guided in varied feelings among its members in order to hinder an end harmonic. Thus, the judiciary, through performances impositive, not to honor the power of decision of the parties, as also on the structural problems faced to operate on these cases, the environment is not the most appropriate to offer answers to the end of family quarrels. Situation that causes future demands on the dissatisfaction of the parties with the result. Before the development of the Family Law comes the need to adopt legal institutions, which monitor the socio-cultural, and that promote an effective assistance to people involved in this kind of conflict. In obedience to the private autonomy, before manifestations of volunteers involved in family mediation, among autocompositivos instruments of conflict resolution, is indicated as the most shaped the treatment of family quarrels. Remaining, then the state a minimal intervention to prevent excessive intrusion into private life and personal privacy

Liberdade de expressão artística: concepções filosóficas, fundamentalidade constitucional e política da pluralidade

The right to artistic expression, freedom granted in the western democratic constitutionalism, is a fundamental right that cyclically, compared to other cohesive rights of expression, has been forgotten and put in an irrelevant juridical-dogmatic position. The first reason for this behaviour that disesteems artistic freedom is the valorisation of rationalism and scientificism in the modern society, subordinating academic researches to utilitarianism, relegating the purpose of feelings and spirituality on men s elocution, therefore, we investigate, guided by philosophy, the attribution of art on human formation, due to its capacity in harmonising reason and emotion. After that, we affirm the fundamental right to artistic expression s autonomy in the 1988 valid constitutional order, after a comparative explanation of freedom in the Fundamental Laws of United States, Portugal, Spain and Germany; and the construction historic-constitutional of the same right in the Brazilian Constitutions. In this desiderate, the theoric mark chosen is the Liberal Theory of the fundamental rights, guiding the exam through jusfundamental dimensions: juridical-subjective and juridical-objective. Whilst the first, classical function of resistance, delimitates the protection area of the artistic expression right from its specific content, titularity and its constitutional and subconstitutional limits, the other one establishes it as cultural good of the Social Order, defining to the State its rendering duties of protection, formation and cultural promotion. We do not admit artistic communication, granted without legal reserve, to be transposed of restrictions that belong to other fundamental rights and, when its exercise collides with another fundamental right or juridical-constitutional good, the justification to a possible state intervention that tangentiates its protection area goes, necessarily, through the perquisition of the artist s animus, the used method, the many viable interpretations and, at last, the correct application of the proportionality criteria. The cultural public politics analysis, nevertheless, observes the pluralism principle of democratic substratum, developer of the cultural dialogue and opposed to patterns determined by the mass cultural industry. All powers are attached, on the scope of its typical attributions, to materialise public politics that have the cultural artistic good as its aim, due to the constant rule contained in §1, art. 5º of the Federal Constitution. However, the access and the incentive laws to culture must be constantly supervised by the constitutional parameter of fundamental right to equality

Sociedade, mulher e educação nos romances de Graciliano Ramos

This paper, Society, woman and education in Graciliano Ramos' novels, is a study object from the history of woman's education in the 1930 s, it is shown as a reading of woman's representation and the configuration of the Brazilian society in that period. São Bernardo, Angustia and Vidas Secas written by Graciliano Ramos (1892-1953) from Alagoas, are used here as sources associated with the reading of the Constitutions, of the Civil Code and of some presidential messages of that decade, also with the texts produced by other scholars that present some relationship within the thematic of this approach. The representation concepts and the configuration are essential for the production of this text. I run over to the configuration concept given by Chartier (1988, p.21) a definition to representation that can be understood as a relationship between a present image and an absent object that having the value of this because it is hamonized with it. I fall back upon the configuration concept given by Elias (1969) that understands it as been a social group performed by an interdependent network that occurs within individuals as a whole joined by any reason. The totality of each individual actions with each other, permeated by tension points and balance, is what characterizes each configuration; it can be a teachers and students meeting in a classroom or a friends' encounter in the bar table, for instance. The attempt of understanding woman's representation, being educated or not, the hole attributed to her in society according to her instruction degree and the way that same society saw this woman guided me through categories that were defined throughout the successive readings: gender, civil status, education, language domain, sexuality, marriage, family, ideal woman. I accomplish this reading that was possible to do - with the pretension of not having lost the relationship between history and literature nor forgotten each one peculiarities

Teias de caridade e o lugar social dos expostos da Freguesia de Nª Srª da Apresentação: capitania do Rio Grande do Norte, século XVIII

The abandonment of newborn children is a reality nowadays. This reality enables us to discuss this issue in other temporalities, in all kinds of societies. Thus, this work aims to demonstrate how the population that lived at Freguesia de Nossa Senhora da Apresentação, a civil parish at a Rio Grande do Norte captaincy, socially placed the abandoned newborn during in the eighteenth century. These newborn were called exposed ones at the time and were inserted in a regional Exposed Circle. The research also discussed how the local Council assembly sheltered these newborn. For research development the following manuscript documents were used: baptism, wedding and demise documents at Freguesia de Nossa Senhora da Apresentação as well as the first Book of Records if the matrix church at this civil parish. The research also considered the terms of the Council assembly. Some printed documents were used such as Philippine Ordainments, the First Constitutions of the Archbishop in 1707 including the Lunario contents as well as texts from André João Antonil and Henry Koster. In the analysis reference work related to Social History was used. Thus, it is possible confirm that there was construction of socially accepted places for these exposed on behalf of the colonist at the region

Autonomia na lei: as forças armadas nas constituições nacionais

L'objectif de ce travail est d'analyser les différences entre la fonction, la mission et le rôle de l'Armée dans les constitutions brésiliennes, de 1824 à 1988. L'hypothèse en discussion est que la disjonction consacrée constitutionnellement entre la Loi et l'Ordre consolide une limitation à la démocratie en autorisant des interventions dans l'Armée qui vont au-delà de la Loi. Nous défendons que l'autonomie militaire, garantie par les constitutions, rend très difficile la subordination militaire par rapport au pouvoir civil, car cette subordination est nécessaire à la consolidation du régime démocratique.

Lignoids; flavonoids and polyketides of Virola surinamensis

From the seeds of Virola surinamensis, which were collected near Altamira and near Maraba, Para State, Brazil, the following substances were isolated by chromatographic techniques: two dibenzylbutanediol lignans, dihydrocubebin and the new dihydrocubebin monolaurate, two furofuran lignans, sesamin and asarinin, three dibenzylbutyrolactol lignans, cubebin, β-O- methylcubebin and α-O-methylcubebin, one dibenzylbutyrolactone lignan, hinokinin, one aryltetralin neolignan, galbulin, two tetrahydrofuran neolignans, galgravin and the new 4'-hydroxy-3'-methoxy-3,4-methylenedioxy- 8.8',7.O.7'-neolignan, one flavone, tithonine, one isoflavone, irisolidone, and two new polyketides, 3-hydroxy-1-(15-phenylpentadecanoyl)-2,6- cyclohexanedione and 1-(5-phenylpentanoyl)-2,6-cyclohexanedione. Different chemical constitutions of the fruits from the two localities were observed.

Occurence of karyotypical mosaicism in Trichomycterus paolence (Teleostei, Trichomycteridae)

A chromosomal mosaic has at least two cell lineages with different karyotypes derived from a single zygote and the karyotype alteration can be numeric or structural as well. In the present paper were detected a numeric chromosomal alterations in a single specimen of Thichomycterus paolence from the Quinta stream (Itatinga, state of São Paulo, Brazil). In a total of 61 analysed metaphases, besides the normal chromosome number of this species (2n=54), other four chromosomal sets characterized by 2n=55 (54 plus a microchromosome), 2n=55 (54 plus a small subtelocentric chromosome), 2n=56 (54 plus a subtelocentric and a microchromosome) and 2n=57 (54 plus a subtelocentric pair and a microchromosome) have been detected. The mechanisms that have originated those abnormal karyotypical constitutions is discussed.

Sentido de pertenencia en sociedades fragmentadas: América Latina desde una perspectiva global

Prefacio de la Sra. Alicia Bárcena

Comparative study of the healing process when using Vicryl®, Vicryl Rapid®, Vicryl Plus®, and Monocryl® sutures in the rat dermal tissue

Introduction: Various types of sutures are available in the market with different constitutions. However, there is a lack of research to assess and quantify the behavior of these materials. Resources and materials: This study comes benchmark wires polyglactin 910 (Vicryl ®), irradiated polyglactin 910 (Vicryl Rapid ®), polyglactin 910 treated with triclosan (Vicryl Plus ®), and poliglecaprone 25 (Monocryl ®). For this, we used 40 rats that were divided into two groups, underwent two skin incisions longitudinal 2-cm long. In Group A, simple interrupted sutures using irradiated polyglactin 910 on the right and left side of polyglactin 910, and in group B, polyglactin 910 with triclosan on the right and the left poliglecaprone 25 were made. At 2, 7, 14, and 28 days after surgery, the ten animals were killed per period, and the samples were processed for histomorphologic and histometric analysis. Conclusions: The results demonstrated that the wire poliglecaprone 25 showed better biological response, with less inflammatory infiltrates and rapid organization of connective tissue. © 2012 Springer-Verlag Berlin Heidelberg.

Cytogenetic analysis of Phyllomedusa distincta Lutz, 1950 (2n = 2x = 26), P. tetraploidea Pombal and Haddad, 1992 (2n = 4x = 52), and their natural triploid hybrids (2n = 3x = 39) (Anura, Hylidae, Phyllomedusinae)

Background: Natural polyploidy has played an important role during the speciation and evolution of vertebrates, including anurans, with more than 55 described cases. The species of the Phyllomedusa burmeisteri group are mostly characterized by having 26 chromosomes, but a karyotype with 52 chromosomes was described in P. tetraploidea. This species was found in sintopy with P. distincta in two localities of São Paulo State (Brazil), where triploid animals also occur, as consequence of natural hybridisation. We analyse the chromosomes of P. distincta, P. tetraploidea, and their triploid hybrids, to enlighten the origin of polyploidy and to obtain some evidence on diploidisation of tetraploid karyotype.Results: Phyllomedusa distincta was 2n = 2x = 26, whereas P. tetraploidea was 2n = 4x = 52, and the hybrid individuals was 2n = 3x = 39. In meiotic phases, bivalents were observed in the diploid males, whereas both bivalents and tetravalents were observed in the tetraploid males. Univalents, bivalents or trivalents; metaphase II cells carrying variable number of chromosomes; and spermatids were detected in the testis preparations of the triploid males, indicating that the triploids were not completely sterile. In natural and experimental conditions, the triploids cross with the parental species, producing abnormal egg clutches and tadpoles with malformations. The embryos and tadpoles exhibited intraindividual karyotype variability and all of the metaphases contained abnormal constitutions. Multiple NORs, detected by Ag-impregnation and FISH with an rDNA probe, were observed on chromosome 1 in the three karyotypic forms; and, additionally, on chromosome 9 in the diploids, mostly on chromosome 8 in the tetraploids, and on both chromosome 8 and 9 in the triploids. Nevertheless, NOR-bearing chromosome 9 was detected in the tetraploids, and chromosome 9 carried active or inactive NORs in the triploids. C-banding, base-specific fluorochrome stainings with CMA3 and DAPI, FISH with a telomeric probe, and BrdU incorporation in DNA showed nearly equivalent patterns in the karyotypes of P. distincta, P. tetraploidea, and the triploid hybrids.Conclusions: All the used cytogenetic techniques have provided strong evidence that the process of diploidisation, an essential step for stabilising the selective advantages produced by polyploidisation, is under way in distinct quartets of the tetraploid karyotype. © 2013 Gruber et al.; licensee BioMed Central Ltd.

Assim na terra como no céu: carismática católica, sociedade e modernidade

Pós-graduação em Ciências Sociais - FFC

Avaliação morfométrica e densitométrica dos fêmures de cordeiros Ile de France tratados com rações contendo silagem de milho ou cana-de-açúcar em dois níveis de concentrado

Coordenação de Aperfeiçoamento de Pessoal de Nível Superior (CAPES)

Análise da caracterização das instituições privadas sem fins lucrativos na legislação brasileira no período republicano

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