Pacto de não concorrência e o contrato de emprego no Direito brasileiro

A presente dissertação busca analisar os aspectos subjacentes à celebração do pacto de não concorrência após o término da relação de emprego no âmbito do ordenamento jurídico brasileiro. O estudo implica a necessidade de verificação dos limites da autonomia da vontade das partes contratantes na relação de emprego, objetivando demonstrar que a pactuação da não concorrência não atenta contra os princípios protetivos do Direito do Trabalho. Da mesma forma, faz-se necessária a análise do conceito de concorrência e suas repercussões na relação empregatícia, de maneira a determinar quais empregados podem ser sujeitos da cláusula de não concorrência. A investigação feita pela dissertação também abarca o conflito entre a liberdade de trabalho e a livre iniciativa e concorrência, direitos constitucionalmente garantidos, razão pela qual faz necessária uma composição que observe a proporcionalidade dos direitos cuja proteção é almejada. Com essa abordagem, acrescida da consulta a alguns textos legislativos estrangeiros e às tentativas legislativas feitas no Brasil acerca do tema, pretende-se perquirir sobre a legalidade e legitimidade da celebração do pacto de não concorrência no Brasil. Por fim, o objetivo desta dissertação consiste em apontar quais são os requisitos validade da cláusula de não concorrência, considerando-se a inexistência de legislação regulamentando a matéria.

I Cannot Tell: Edward Thomas's Uncertainties

Poster, Jeremy, 'I Cannot Tell: Edward Thomas's Uncertainties', In: 'Branch-Lines: Edward Thomas and Contemporary Poetry', Guy Cuthbertson & Lucy Newlyn (eds), (London: Enitharmon Press), pp.264, 2007 RAE2008

Wolumin mszalny poznańskich karmelitów bosych

Komunikat prezentuje wolumin mszalny z poznańskiego klasztoru karmelitów bosych z lat 1685–1705 (1738) w oprawie z aksamitu, z okuciami ze srebra, pochodzącej z początku XVIII wieku, a wykonanej zapewne w lokalnym warsztacie introligatorskim.

The brand-orientated play-community: toxic play in the marketplace

This ethnographic study makes a number of original contributions to the consumer identity projects and the marketplace cultures dimensions of consumer culture theory research. This study introduces the notion of the brand-orientated play-community, a novel consumption community form, which displays, as locus, a desire to play. This contributes to our understanding of the fluid relationship between subcultures of consumption, consumer tribes, and brand community. It was found that the brand-orientated play-community’s prime celebration, conceptualised as the ‘branded carnival’, displays characteristics of the archetypal carnival. The community access carnivalistic life and a world-upside-down ethos via the use and misuse of marketplace resources. The branded carnival is further supported by the community’s enactment of ‘toxic play’, which entails abnormal alcohol consumption, black market illegal resources, edgework activities, hegemonic masculinity and upsetting the public. This play-community is discussed in terms of a hyper-masculine playpen, as the play enacted has a direct relationship with the enactment of strong masculine roles. It was found that male play-ground members enact the extremes of contrasting masculine roles as a means to subvert the calculated and sedate ‘man-of-action-hero’ synthesis. Carnivals are unisex, and hence, women have begun entering the play-ground. Female members have successfully renegotiated their role within the community, from playthings to players – they have achieved player equality, which within the liminoid zone is more powerful than gender equality. However, while toxic play is essential to the maintenance of collective identity within the culture so too is the more serious form of play: the toxic sport of professional beer pong. The author conceptualises beer pong as a ‘toxic sport’, as it displays the contradictory play foundations of agon and corrupt ilinx: this is understood as a milestone step in the emergence of the postmodern sport era, in which spontaneity and the carnivalesque will dominate.

Remembrance of the ancestors in contemporary paganism: Lineage, identity, and cultural belonging in the Irish context

This article explores some of the ways of remembering and honouring the ancestors in contemporary Pagan religious traditions, with a focus on the Irish context. An overview is provided of how the "ancestors" are conceptualised within Paganism, as well as where they are believed to be located in the afterlife or Otherworld. Veneration of ancestral peoples is a significant part of many Pagan rituals. Some methods of honouring the dead, and contacting the dead, through ritual practices are described. Remembering and honouring the dead, whether distant forebears or more recent relatives, is particularly important during the Pagan celebration of the festival of Samhain, feast of the dead, on October 31. Issues around ancestors, lineages and ethnicity are significant in many Pagan traditions, and attention is paid to these factors in terms of the Irish Pagan community's sense of cultural belonging as well as their sense of place in a physical respect in relation to the landscape, proximity of sacred sites, and other features of their geographical location.

Summer Sprite for Orchestra

Summer Sprite for Orchestra was completed in December, 2004. The piece originated from a singular encounter with little angels at Chang-Kyung Palace, which is the oldest and the most beautiful palace in Korea, and where the kings of the Chosun Dynasty (1393-1897) lived. This encounter was in the summer of 2002. I certainly could not prove that those angels I met were real. Possibly they were the reflection of drops of water after a sudden shower on that summer day. However, I definitely remember that short, unforgettable, and mysterious moment and the angels' beautiful dance-like celebration. Summer Sprite is based on these special memories and the encounter with the little angels that summer. Summer Sprite consists of 3 movements: "Greeting," "Encounter," and "Celebration." These follow the course of my encounter with the little angels. In Summer Sprite, I wished to describe the image of the angels as well as the progression of greeting, encounter, and celebration with them. The moods that follow in Summer Sprite are by turns lyrical, poetic, fantastic, mysterious, and dream-like. In each movement, I describe the meeting of angels and composer through the use of the soloists -- violin (sometimes viola) and cello. As suggested by the subtitle of the first movement, "Greeting" portrays the moment when a surprised I met the angels. It begins with tam-tam, marimba, harp, and piano and sets a mysterious and dark mood. The second movement, "Encounter," is shorter than the first movement. This movement provides a more tranquil mood as well as more unique timbres resulting from the use of mutes and special instruments (English horn, harp, crotales, suspended cymbal, and celesta). The delicate expression of the percussion is particularly important in establishing the static mood of this movement . The last movement, °?Celebration,°± is bright and energetic. It is also the longest. Here, I require the most delicate changes of dynamics and tempo, the most vigorous harmonies, and the fastest rhythmic figures, as well as the most independent, lyrical, and poetic melodies. For bright orchestral tone color, I used various kinds of percussion such as timpani, xylophone, marimba, vibraphone, cymbals, side drum, tambourine, triangle, and bass drum. This last movement is divided rondo-like into five sections: The first (mm.1-3), second (mm.4 - rehearsal number 1), third (rehearsal numbers 2-4), fourth (rehearsal numbers 5-7), and fifth, (rehearsal numbers 8 -18). To sum up, Summer Sprite describes an unforgettable and mysterious moment in a my life. My intention was to portray this through a concerto-like framework. A model for this would be Brahms°Ø °?Double Concerto°± in A minor, op.102, in which the solo cello stands for my angel and the solo violin (sometimes solo viola) for me.

Report on Archaeological Investigations Conducted at the St. Mary's Site (18AP45), 107 Duke of Gloucester Street, Annapolis, Maryland, 1987-1990

In celebration of the 250th anniversary of the birth of Charles Carroll of Carrollton, Archaeology in Annapolis was invited to excavate the Carroll House and garden on 107 Duke of Gloucester Street in Annapolis, Maryland. The site, named the St. Mary's Site (18AP45) for the Catholic church on the property, is currently owned by the Redemptorists, a Roman Catholic congregation of priests and brothers who have occupied the site since 1852. Prior to the Redemptorists' tenure, the site was owned by the Carroll family from 1701-1852 and is perhaps best known as the home of Charles Carroll of Carrollton (1737-1832), signer of the Declaration of Independence. Excavations at the site were conducted during four consecutive summer seasons from 1987-1990. The investigation focused on three research questions. The first line of inquiry were questions surrounding the dating, architectural configuration, and artifact deposits of the "frame house," a structure adjoining the west wall of the brick Carroll House via a "passage" and later a three story addition. The frame house was partially demolished in the mid-nineteenth century but the construction was thought to pre-date the brick portion of the house. The second research question was spurred by documentary research which indicated that the property might have been the location of Proctor's Tavern, a late 17th-century tavern which served as the meeting place of the Maryland Provincial Assembly. Archaeological testing hoped to determine its location and, if found, investigate Annapolis' early Euro-American occupation. The third research question focused on the landscape of the site as it was shaped by its occupants over the past three hundred years. The research questions included investigating the stratigraphy, geometry, and architectural and planting features of Charles Carroll of Carrollton's terraced garden built during the 1770s, and investigating the changes to the landscape made by the Redemptorists in the nineteenth and twentieth centuries. While no structural evidence associated with Proctor’s Tavern was uncovered during limited excavations along Spa Creek, the historic shore of Spa Creek was identified, buried beneath deep fill deposits laid down during construction of the Carroll Garden. Features and deposits associated with this period likely remain intact in a waterlogged environment along the southeastern sea wall at the St. Mary’s Site. Evidence of extensive earth moving by Carroll is present in the garden and was identified during excavation and coring. This strongly suggests that the garden landscape visible at the St. Mary’s Site is the intact Carroll Garden, which survives beneath contemporary and late nineteenth century strata. The extant surviving garden should be considered highly sensitive to ground-disturbing activities, and is also highly significant considering demonstrable associations with the Carroll family. Other garden-related features were also discovered, including planting holes, and a brick pavilion or parapet located along Spa Creek to the south of the site. The Duke of Gloucester Street wall was shown to be associated with the Carroll occupation of the site. Finally, intensive archaeological research was directed at the vicinity of a frame house constructed and occupied by the Carrolls to the east of the existing brick house, which was replaced by the Redemptorists in the nineteenth century with a greenhouse. These superimposed buildings were documented in detail and remain highly significant features at the St. Mary’s Site.

Andrew Marvell's Latin Poetry: From Text to Context (356pp.)

David Norbrook, Review of English Studies 56 (Sept. 2005), 675-6.
‘We have waited a long time for a study of Marvell’s Latin poetry; fortunately, Estelle Haan’s monograph generously makes good the loss ... One of her most intriguing suggestions … is that Marvell may have presented paired poems like ‘Ros’ and ‘On a Drop of Dew’, and the poems to the obligingly named Dr Witty, to his student Maria Fairfax as his own patterns for the pedagogical practice of double translation. Perhaps the most original parts of the book, however, move beyond the familiar canon to cover the generic range of the Latin verse. Haan offers a very full contextualization of the early Horatian Ode to Charles I in seventeenth-century exercises in parodia. In a rewarding reading of the poem to Dr Ingelo she shows how Marvell deploys the language of Ovid’s Tristia to present Sweden as a place of shivering exile, only to subvert this model with a neo-Virgilian celebration of Christina as a virtuous, city-building Dido. She draws extensively on historical as well as literary sources to offer very detailed contextualizations of the poem to Maniban and ‘Scaevola Scotto-Britannus’... This monograph opens up many new ways into the Latin verse, not least because it is rounded off with new texts and prose translations of the Latin poems. These make a substantial contribution in their own right. They are the best and most accurate translations to date (those in Smith’s edition having some lapses); they avoid poeticisms but bring out the structure of the poems' wordplay very clearly. This book brings us a lot closer to seeing Marvell whole.'

Difference, Diversity and Difficulty: Problems in Adult Peace Education in Northern Ireland

The peace process in Northern Ireland has been hailed, variously, as the successful resolution to one of the world's most intractable conflicts, and as a failed attempt to reconcile the conflciting claims of the two main ethnonationalist communities. At both these points, and at every other point along the continuum, recognition is given to the centrality of education. This article looks at the role played by adult learning, and contrasts two fundamentally different apporaoches. In one, Enlightenment assumptions about the power of knowledge to dispel prejudice have run alongside attempts to create a world of shared values; in the other, a postmodern acceptance of different cultures has accompnaied a peace process that builds upon ethnic diistinctions. As with the Dayton Accord and with other peace agreements brokered with international assistance, the consociational model of governance has been chosen for Northern Ireland in order to create a political equilibrium between the unionists and nationalists. Such a political framework reverses the direction of previous integrationist educational policies in favour of a celebration of difference, an approach that is fraught with difficulties.

The Design Process- Making It Relevant For Students

Within the ever-changing arenas of architectural design and education, the core element of architectural education remains: that of the design process. The consideration of how to design in addition to what to design presents architectural educators with that most constant and demanding challenge of how do we best teach the design process?

This challenge is arguably most acute at a student's early stages of their architectural education. In their first years in architecture, students will commonly concentrate on the end product rather than the process. This is, in many ways, understandable. A great deal of time, money and effort go into their final presentations. They believe that it is what is on the wall that is going to be assessed. Armed with new computer skills, they want to produce eye-catching graphics that are often no more than a celebration of a CAD package. In an era of increasing speed, immediacy of information and powerful advertising it is unsurprising that students want to race quickly to presenting an end-product.

Recognising that trend, new teaching methods and models were introduced into the second year undergraduate studio over the past two years at Queen's University Belfast, aimed at promoting student self-reflection and making the design process more relevant to the students. This paper will first generate a critical discussion on the difficulties associated with the design process before outlining some of the methods employed to help promote the following; an understanding of concept, personalisation of the design process for the individual student; adding realism and value to the design process and finally, getting he students to play to their strengths in illustrating their design process like an element of product. Frameworks, examples, outcomes and student feedback will all be presented to help illustrate the effectiveness of the new strategies employed in making the design process firstly, more relevant and therefore secondly, of greater value, to the architecture student.

Transcending cultural differences: the role of language in migrants' integration

This research seeks to contribute to current debates on migration by examining the role of language in the process of migrants’ integration. It will consider how migrant workers living in an area with little history of international immigration navigate their way within a new destination to cope with language difference. The paper is based on empirical research (interviews and focus groups) conducted in Northern Ireland, an English speaking region with a small proportion of Irish-English bilinguals (10.3 percent of population had some knowledge of Irish in the 2001 Census). Much of the research to date, while acknowledging the importance of culture and language for migrants’ positive integration, has only begun to unpack the way in which cultural difference such as language is dealt with at an individual, family or societal level. Several themes emerge from the research including the significance of social and civil structures and the role of individual agents as new culture is created through the celebration of difference.

Before the Volcano:Reverberations of Identity on Montserrat

How is identity claimed, contested and sustained?

This book looks at retentions, reconstructions and reverberations of identity in a colonial Caribbean setting. It is an ‘uncomfortable’ and ‘impressionistic’ ethnography of life on the island of Montserrat leading up to and including the present day volcanic eruptions. It explores Montserrat’s existing colonial identity and emerging postcolonial identity drawing upon examples from local poets, calypsonians and historians; controversial development and trade union struggles; and the impact of tourism and colonialism on the island – Black Irish identity claims and the celebration and/or commemoration of St. Patrick’s Day in particular.

This book will appeal to Anthropologists, Sociologists, and Cultural Studies and Caribbean Studies scholars, as well as those involved in and concerned for the reconstruction of Montserrat the place and Mons’rat the people.

'Dark Interpretations': Romanticism's Ambiguous Legacy in India

This essay argues that Romanticism’s legacy in modern Indian literature has been constructed under the shadow of its colonial heritage. Although the Romantic period witnessed the enthusiastic “discovery” of classical Indian literature by British Orientalists, Romantic imperialism (which went hand-in-hand with Romantic orientalism) played a darker role in instituting a colonial educational system in India which denigrated Indian languages and literatures. Modern Indian literature represented by popular fictional writers from R.K. Narayan to Arundhati Roy registers this complex colonial inheritance by its qualified and often ironic celebration of British Romantic literature along with its associated ideologies of freedom, truth, and beauty.

Exposición Internacional 1910. Buenos Aires.: Didactic leisure and international recognition

International exhibitions were greatly responsible for the modernization of western society. The motive for these events was based on the possibility of enhancing the country’s international status abroad. The genesis of world exhibitions came from the conviction that humanity as a whole would improve the continual flow of new practical applications, the development of modern communication techniques and the social need for a medium that could acquaint the general public with changes in technology, economy and society .
Since the first national industrial exhibitions in Paris during the eighteenth century and especially starting from the first Great Exhibition in London’s Hyde Park in 1851 these international events spread steadily all over Europe and the United States, to reach Latin America in the beginnings of the twentieth century . The work of professionals such as Daniel Burnham, Werner Hegemann and Elbert Peets made the relation between exhibitions and urban transformation a much more connected one, setting a precedent for subsequent exhibitions.
In Buenos Aires, the celebration of the centennial of independence from Spain in 1910 had many meanings and repercussions. A series of factors allowed for a moment of change in the city. Official optimism, economical progress, inequality and social conflict made of this a suitable time for transformation. With the organization of the Exposición Internacional the government had, among others, one specific aim: to achieve a network of visual tools to set the feeling of belonging and provide an identity for the mixture of cultures that populated the city of Buenos Aires at the time. Another important objective of the government was to put Buenos Aires at the level of European cities.
Foreign professionals had a great influence in the conceptual and factual shaping of the exhibition and in the subsequent changes caused in the urban condition. The exhibition had an important role in the ways of thinking the city and in the leisure ideas it introduced. The exhibition, as a didactic tool, worked as a precedent for conceiving leisure spaces in the future. Urban and landscape planners such as Joseph Bouvard and Charles Thays were instrumental in great part of the design of the Exhibition, but it was not only the architects and designers who shaped the identity of the fair. Other visitors such as Jules Huret or Georges Clemenceau were responsible for giving the city an international image it did not previously have.
This paper will explore on the one hand the significance of the exhibition of 1910 for the shaping of the city and its image; and on the other hand, the role of foreign professionals and the reach these influences had.