Mutação constitucional do controle difuso no Brasil? Uma análise do papel do Senado Federal diante do art. 52, X, da Constituição

O objetivo do presente estudo é testar a plausibilidade da tese de que teria ocorrido mutação constitucional no sistema de controle de constitucionalidade no Brasil, especificamente quanto à competência conferida pela Constituição ao Senado Federal para suspender a eficácia de lei ou ato normativo declarado inconstitucional no controle difuso de constitucionalidade. Esse argumento foi empregado pelo Ministro Gilmar Mendes, do Supremo Tribunal Federal, no julgamento da Reclamação 4335-5/AC. Para analisar a consistência dessa tese, (a) discutiu-se as condições necessárias à plausibilidade de um argumento de mutação constitucional na ordem jurídica brasileira e (b) realizou-se uma análise empírica do papel do Senado Federal diante do art. 52, X da Constituição. Feita a coleta de dados, e aplicado o conceito de mutação constitucional sobre eles, concluiu-se que não merece prosperar a tese do Min. Gilmar Mendes em que defende o reconhecimento de “autêntica mutação constitucional” do art. 52, X da Constituição Federal. Como resultado, defende se não ser possível dar plausibilidade a esse tipo de argumentação apenas tendo por base jurisprudência, doutrina e argumentação tipicamente constitucional, necessitando de base empírica que o permita atribuir mais solidez e consistência a qualquer argumento de mutação constitucional na ordem jurídica brasileira.

Sacredness of the constitutional text and interpretative heresy: the Brazilian Supreme Court decision on same-sex civil unions

The paper provides a close lecture of the arguments and methods of legal construction, employed in the extensive individual opinions written by the Justices of the Brazilian Supreme Court in the case which authorized the same sex civil union. After tracing an outline of the legal problem and his possible solutions, we analyze the individual opinions, showing their methodological syncretism, the use of legal methods and arguments in a contradictory way as well the deficiencies in the reasoning. The Justices use legal arguments, but do not meet the requirements of rationality in the decision-making. We have a rhetorical attempt that aims to satisfy the public opinion than to offer a comprehensive and coherent solution according the normative elements of the Brazilian Federal Constitution of 1988.

Endogenous normative indices for the industry concentration

This paper presents new indices for measuring the industry concentration. The indices proposed (C n ) are of a normative type because they embody (endogenous) weights matching the market shares of the individual firms to their Marshallian welfare shares. These indices belong to an enlarged class of the Performance Gradient Indexes introduced by Dansby&Willig(I979). The definition of Cn for the consumers allows a new interpretation for the Hirschman-Herfindahl index (H), which can be viewed as a normative index according to particular values of the demand parameters. For homogeneous product industries, Cn equates H for every market distribution if (and only if) the market demand is linear. Whenever the inverse demand curve is convex (concave), H underestimates( overestimates) the industry concentration measured by the normative indexo For these industries, H overestimates (underestimates) the concentration changes caused by market transfers among small firms if the inverse demand curve is convex(concave) and underestimates( overestimates) it when such tranfers benefit a large firm, according to the convexity (or the concavity) of the demand curve. For heterogeneous product industries, an explicit normative index is obtained with a market demand derived from a quasi-linear utilility function. Under symmetric preferences among the goods, the index Cn is always greater than or equal the H-index. Under asymmetric assumptions, discrepancies between the firms' market distribution and the differentiationj substitution distributions among the goods, increase the concentration but make room for some horizontal mergers do reduce it. In particular, a mean preserving spread of the differentiation(substitution) increases(decreases) the concentration only if the smaller firms' goods become more(less) differentiated(substitute) w.r.t. the other goods. One important consequence of these results is that the consumers are benefitted when the smaller firms are producing weak substitute goods, and the larger firms produce strong substitute goods or face demand curves weakly sensitive to their own prices.

A aplicação do acordo sobre subsídios e medidas compensatórias pelo estado brasileiro

The Multilateral Trading System has evolved and presented new international mandatory rules to States. Along with the World Trade Organization constitutive treaty, Brazil has incorporated the Agreement on Subsidies and Countervailing Measures (ASCM) in the national legal system. That treaty limits de scope of subsidies concession by governments since this practice can constitute a mechanism of commercial disloyalty, affecting national industrial development in the importing country. At the same time, the multilateral agreement grants defense legitimate instruments to States, among them the possibility of domestically and unilaterally imposing countervailing measures to subsidized products that enter the national territory. Since the issue concerns both international and domestic level in complementary grounds, this research, besides investigating the treaty related obligation, aims at studying the national legal fundaments to ASCM s application by the Brazilian State. Therefore, the essential point resides in the State s conduction of its international trading and also in its available and constitutionally established mechanisms of economic intervention. State s regulating power reveals itself as a fundamental prerogative to succeed in the internalization of international agreement s requirements in the domestic legal system, which represents a basic prerequisite to the implementation of countervailing measures. Once the whole normative outlines are apprehended, this study shall scan the administrative process of trading defense main elements, along with the means of controlling public administration acts. The action taken by the public organs that directly intervene in foreign trade shall be analyzed as well, so as to enable reasoning if the unilateral application of countervailing duties by the Brazilian State is happening on legitimacy grounds

Case-based reasoning in offshore well design

Petroleum well drilling is an expensive and risky operation. In this context, well design presents itself as a fundamental key to decrease costs and risks involved. Experience acquired by engineers is notably an important factor in good drilling design elaborations. Therefore, the loss of this knowledge may entail additional problems and costs. In this way, this work represents an initiative to model a petroleum well design case-based architecture. Tests with a prototype showed that the system built with this architecture may help in a well design and enable corporate knowledge preservation. (C) 2003 Elsevier B.V. B.V. All rights reserved.

Conditional reasoning: A key to assessing computer-based knowledge-building communication processes

This article describes a methodological approach to conditional reasoning in online asynchronous learning environments such as Virtual-U VGroups, developed by SFU, BC, Canada, consistent with the notion of meaning implication: If part of a meaning C is embedded in B and a part of a meaning B is embedded in A, then A implies C in terms of meaning [Piaget 91]. A new transcript analysis technique was developed to assess the flows of conditional meaning implications and to identify the occurrence of hypotheses and connections among them in two human science graduate mixed-mode online courses offered in the summer/spring session of 1997 by SFU. Flows of conditional meaning implications were confronted with Virtual-U VGroups threads and results of the two courses were compared. Findings suggest that Virtual-U VGroups is a knowledge-building environment although the tree-like Virtual-U VGroups threads should be transformed into neuronal-like threads. Findings also suggest that formulating hypotheses together triggers a collaboratively problem-solving process that scaffolds knowledge-building in asynchronous learning environments: A pedagogical technique and an built-in tool for formulating hypotheses together are proposed. © Springer Pub. Co.

Abductive reasoning, information, and mechanical systems

We investigate, from a philosophical perspective, the relation between abductive reasoning and information in the context of biological systems. Emphasis is given to the organizational role played by abductive reasoning in practical activities of embodied embedded agency that involve meaningful information. From this perspective, meaningful information is provisionally characterized as a selforganizing process of pattern generation that constrains coherent action. We argue that this process can be considered as a part of evolutionarily developed learning abilities of organisms in order to help with their survival. We investigate the case of inorganic mechanical systems (like robots), which deal only with stable forms of habits, rather than with evolving learning abilities. Some difficulties are considered concerning the hypothesis that mechanical systems may operate with meaningful information, present in abductive reasoning. Finally, an example of hypotheses creation in the domain of medical sciences is presented in order to illustrate the complexity of abduction in practical reasoning concerning human activities. © 2007 Springer-Verlag Berlin Heidelberg.

Normative study and evaluation of age influence on Brainstem auditory evoked potentials in mixed breed dogs]

The aim of this paper was to obtain normative data of auditory evoked potentials from 34 mixed breed dogs and evaluate the age influence. The animals were divided in two groups of different ages and auditory evoked potential was performed with a 85dB stimulus intensity. Group 1 included 16 dogs between 1 and 8 years of age, and group 2 included 18 dogs with over 8 years of age. The length and head diameter were measured and there was no statistical difference between the two groups. In group 1, mean latencies of waves I, III, and V were 1.13; 2.64, and 3.45ms, and the intervals I-III, III-V, and I-V were 1.51; 0.81, and 2.32 ms, respectively. In group 2, the mean latencies of waves I, III and V were 1.15, 2.62, and 3.55ms, and the intervals I-III, III-V, and I-V were 1.47, 0.93, and 2.40ms, respectively. The latencies observed in this study were similar to previous studies conducted by other authors. It was observed that significant differences were present for wave V and intervals III-V and I-V latencies when comparing groups with different ages, consequently this characteristic must be considered during BAEP result interpretation.

Sacralità del testo costituzionale ed eresia interpretativa: la sentenza della corte suprema brasiliana sulle unioni civili omosessuali

The paper provides a close lecture of the arguments and methods of legal construction, employed in the extensive individual opinions written by the Justices of the Brazilian Supreme Court in the case which authorized the same sex civil union. After tracing an outline of the legal problem and his possible solutions, we analyze the individual opinions, showing their methodological syncretism, the use of legal methods and arguments in a contradictory way as well the defciencies in the reasoning. The Justices use legal arguments, but do not meet the requirements of rationality in the decision-making. We have a rhetorical attempt that aims to satisfy the public opinion rather than to ofer a comprehensive and coherent solution according the normative elements of the Brazilian Federal Constitution of 1988.

Sacredness of the constitutional text and interpretive heresy: the brazilian supreme court decision on same-sex unions

The paper provides a close lecture of the arguments and methods of legal construction, employed in the extensive individual opinions written by the Justices of the Brazilian Supreme Court in the case which authorized the same sex civil union. After tracing an outline of the legal problem and his possible solutions, we analyze the individual opinions, showing their methodological syncretism, the use of legal methods and arguments in a contradictory way as well the deficiencies in the reasoning. The Justices use legal arguments, but do not meet the requirements of rationality in the decision-making. We have a rhetorical attempt that aims to satisfy the public opinion than to offer a comprehensive and coherent solution according the normative elements of the Brazilian Federal Constitution of 1988.

Writing in the Mathematics Classroom: Does It Have an Effect on Students’ Mathematical Reasoning?

In this action research study of my classroom of 5th grade mathematics, I investigate how to improve students’ written explanations to and reasoning of math problems. For this, I look at journal writing, dialogue, and collaborative grouping and its effects on students’ conceptual understanding of the mathematics. In particular, I look at its effects on students’ written explanations to various math problems throughout the semester. Throughout the study students worked on math problems in cooperative groups and then shared their solutions with classmates. Along with this I focus on the dialogue that occurred during these interactions and whether and how it moved students to a deeper level of conceptual understanding. Students also wrote responses about their learning in a weekly math journal. The purpose of this journal is two-fold. One is to have students write out their ideas. Second, is for me to provide the students with feedback on their responses. My research reveals that the integration of collaborative grouping, journaling, and active dialogue between students and teacher helps students develop a deeper understanding of mathematics concepts as well as an increase in their confidence as problem solvers. The use of journaling, dialogue, and collaborative grouping reveals themselves as promising learning tasks that can be integrated in a mathematics curriculum that seeks to cultivate students’ thinking and reasoning.

Normative Data for Healthy Middle-Aged and Elderly Performance on the Addenbrooke Cognitive Examination-Revised

Objective: To provide normative data for healthy middle-aged and elderly Brazilians' performance on the Addenbrooke Cognitive Examination-Revised (ACE-R) and to investigate the effects of age, sex, and schooling on test performance. Background: The ACE-R is a brief cognitive battery that assesses various aspects of cognition. Its 5 subdomains (Attention and Orientation, Memory, Verbal Fluency, Language, and Visuospatial Abilities) are commonly impaired in Alzheimer disease or frontotemporal dementia. Methods: We evaluated 144 cognitively healthy volunteers (50% men, 50% women) aged 50 to 93 years, with 4 to 24 years of schooling. We divided the participants into 4 age groups, each of which was then stratified into 3 groups according to years of education. We assessed all participants with the ACE-R, the Mattis Dementia Rating Scale, and the Cornell Scale for Depression in Dementia. Results: Years of education affected all ACE-R subscores. Age influenced the Verbal Fluency subscore (P < 0.001) and the ACE-R total score (P < 0.05). Sex affected the Attention and Orientation (P = 0.037) and Mini-Mental State Examination subscores (P = 0.048), but not the ACE-R total score (P > 0.05). Conclusions: The performance of healthy middle-aged and elderly individuals on the ACE-R battery is strongly influenced by education and, to a lesser extent, by age. These findings are of special relevance in countries with populations that have marked heterogeneity in educational levels.

Modelling Mathematical Reasoning in Physics Education

Many findings from research as well as reports from teachers describe students' problem solving strategies as manipulation of formulas by rote. The resulting dissatisfaction with quantitative physical textbook problems seems to influence the attitude towards the role of mathematics in physics education in general. Mathematics is often seen as a tool for calculation which hinders a conceptual understanding of physical principles. However, the role of mathematics cannot be reduced to this technical aspect. Hence, instead of putting mathematics away we delve into the nature of physical science to reveal the strong conceptual relationship between mathematics and physics. Moreover, we suggest that, for both prospective teaching and further research, a focus on deeply exploring such interdependency can significantly improve the understanding of physics. To provide a suitable basis, we develop a new model which can be used for analysing different levels of mathematical reasoning within physics. It is also a guideline for shifting the attention from technical to structural mathematical skills while teaching physics. We demonstrate its applicability for analysing physical-mathematical reasoning processes with an example.

Frontal assessment battery in a Brazilian sample of healthy controls: normative data

Objective: To show data on the performance of healthy subjects in the Frontal Assessment Battery (FAB), correlating with gender, age, education, and scores in the Mini-Mental State Examination (MMSE). Methods: Two hundred and seventy-five healthy individuals with mean age of 66.4 +/- 10.6 years-old were evaluated. Mean total FAB scores were established according to the educational level. Results: Mean total FAB scores according to the educational level were 10.9 +/- 2.3, for one to three years; 12.8 +/- 2.7, for four to seven years; 13.8 +/- 2.2, for eight to 11 years; and 15.3 +/- 2.3, for 12 or more years. Total FAB scores correlated significantly with education (r=0.47; p<0.0001) and MMSE scores (r=0.39; p<0.0001). No correlation emerged between FAB scores, age, and gender. Conclusion: In this group of healthy subjects, the Brazilian version of the FAB proved to be influenced by the education level, but not by age and gender.