463 resultados para contributory negligence
Resumo:
In the present contribution, I discuss the claim, endorsed by a number of authors, that contributing to a collective harm is the ground for special responsibilities to the victims of that harm. Contributors should, between them, cover the costs of the harms they have inflicted, at least if those harms would otherwise be rights-violating. I raise some doubts about the generality of this principle before moving on to sketch a framework for thinking about liability for the costs of harms in general. This framework uses a contractualist framework to build an account of how to think about liability for costs on the basis of the presumably attractive thought that individual agents should have as much control over their liabilities as is compatible with others having like control. I then use that framework to suggest that liability on the basis of contribution should be restricted to cases in which the contributors could have avoided their contribution relatively costlessly, in which meeting the liability is not crippling for them, and in which such a liability would not have chilling effects, either on them or on third parties. This account of the grounds for contributory liability also has the advantage of avoiding a number of awkward questions about what counts as a contribution by shifting the issue away from often unanswerable questions about the precise causal genesis of some harm or other. Instead, control over conduct, which plausibly has some relation to the harm, becomes crucial. On the basis of this account, I then investigate whether a number of uses of the contributory principle are entirely appropriate. I argue that contributory liability is not appropriate for cases of collective harms committed by coordinated groups in the way that, for example, Iris Marion Young and Thomas Pogge have suggested and that further investigation of how members of such groups may be liable will be needed.
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Aluminium (Al) has been measured in human breast tissue, and may be a contributory factor in breast cancer development. At the 10th Keele meeting, we reported that long-term exposure to Al could increase migratory properties of oestrogen-responsive MCF-7 human breast cancer cells suggesting a role for Al in the metastatic process. We now report that long-term exposure (20–25 weeks) to Al chloride or Al chlorohydrate at 10−4 M or 10−5Mconcentrations can also increase themigration of oestrogen unresponsiveMDA-MB-231 human breast cancer cells as measured using time-lapse microscopy and xCELLigence technology. In parallel, Al exposure was found to give rise to increased secretion of active matrixmetalloproteinaseMMP9 as measured by zymography, and increased intracellular levels of activated MMP14 as measured by western immunoblotting. These results demonstrate that Al can increase migration of human breast cancer cells irrespective of their oestrogen responsiveness, and implicate alterations to MMPs as a potential mechanism worthy of further study.
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Use of underarm aluminium (Al)-based antiperspirant salts may be a contributory factor in breast cancer development. At the 10th Keele meeting, Al was reported to cause anchorage-independent growth and double strand DNA breaks in MCF10A immortalised non-transformed human breast epithelial cells. We now report that exposure of MCF10A cells to Al chloride or Al chlorohydrate also compromised DNA repair systems. Longterm (19–21 weeks) exposure to Al chloride or Al chlorohydrate at a 10−4 M concentration resulted in reduced levels of BRCA1 mRNA as determined by real-time RT-PCR and BRCA1 protein as determined by Western immunoblotting. Reduced levels of mRNA for other DNA repair genes (BRCA2, CHK1, CHK2, Rad51, ATR) were also observed using real-time RT-PCR. Loss of BRCA1 or BRCA2 gene function has long been associated with inherited susceptibility to breast cancer but these results suggest that exposure to aluminium-based antiperspirant salts may also reduce levels of these key components of DNA repair in breast epithelial cells. If Al can not only damage DNA but also compromise DNA repair systems, then there is the potential for Al to impact on breast carcinogenesis.
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This Minor Field Study was carried out during November and December in 2011 in the Mount Elgon District in Western Kenya. The objective was to examine nine small-scale farming household´s land use and socioeconomic situation when they have joined a non-governmental organization (NGO) project, which specifically targets small-scale farming households to improve land use system and socioeconomic situation by the extension of soil and water conservation measures. The survey has worked along three integral examinations methods which are mapping and processing data using GIS, semi structured interviews and literature studies. This study has adopted a theoretical approach referred to as political ecology, in which landesque capital is a central concept. The result shows that all farmers, except one, have issues with land degradation. However, the extent of the problem and also implemented sustainable soil and water conservation measures were diverse among the farmers. The main causes of this can both be linked to how the farmers themselves utilized their farmland and how impacts from the climate change have modified the terms of the farmers working conditions. These factors have consequently resulted in impacts on the informants’ socioeconomic conditions. Furthermore it was also registered that social and economic elements, in some cases, were the causes of how the farmers manage their farmland. The farmer who had no significant problem with soil erosion had invested in trees and opportunities to irrigate the farmland. In addition, it was also recorded that certain farmers had invested in particular soil and water conservation measures without any significant result. This was probably due to the time span these land measures cover before they start to generate revenue. The outcome of this study has traced how global, national and local elements exist in a context when it comes to the conditions of the farmers´ land use and their socioeconomic situation. The farmers atMt.Elgon are thereby a component of a wider context when they are both contributory to their socioeconomic situation, mainly due to their land management, and also exposed to core-periphery relationships on which the farmers themselves have no influence.
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Analisa as atividades das empresas operadoras de Factoring e descreve resumidamente o surgimento deste segmento paralelo, suas atividades e suas principais características no âmbito operacional, econômico, legal e fisco-tributário. Relata que o desenvolvimento dessas atividades ocorre num contexto de mudanças na dinâmica e na estrutura do Sistema Financeiro, de forma semelhante ao que se verifica em termos internacionais, ao promover alterações na forma tradicional de atuação dos bancos no Brasil a partir do período pós-Real. Busca justificar a assertiva de que o advento das empresas operadoras de Factoring foi essencial para o desenvolvimento de pequenas empresas e, finalmente, apura se o programa de reestruturação do sistema financeiro repercutiu nas atividades de Factoring. Inclui um estudo de caso envolvendo empresas locais de fomento mercantil (no estado do Espírito Santo) com o objetivo principal de constatar se dentre estas existem instituições "camufladas", quais sejam, aquelas que visam somente operações pecuniárias, assim evidenciando a prática da "agiotagem empresarial".
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Este trabalho aborda questões referentes ao patrocínio cultural no Brasil, com foco naquele relacionado ao setor público, no âmbito das ações de comunicação social. Trata-se de um levantamento dos temas que envolvem a elaboração, a gestão e a tramitação de um projeto de patrocínio, sobretudo a partir da perspectiva de contribuir para uma reflexão sobre os significados de determinadas terminologias e conceitos usados nesse campo. O objetivo é que o resultado do trabalho sirva como base de informações que possam fomentar reflexões sobre o patrocínio cultural no setor público, mais especificamente no que se refere a questões de terminologias e conceitos, num campo onde ainda há poucos parâmetros de padronizações estabelecidos no que se refere à linguagem e a entendimentos sobre processos de gestão. Numa etapa conclusiva da dissertação, é apresentado um glossário de verbetes de patrocínio que pretende se prestar como uma boa memória dos nomes e das significações que merecem destaque.
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Este artigo examina a construção do discurso sobre os alimentos geneticamente modificados a partir da ótica de um importante periódico nacional, a revista Veja. O quadro teórico baseia-se no debate sobre os alimentos geneticamente modificados no campo dos estudos organizacionais, no qual se verificou negligência sobre o papel da mídia como formadora de opinião e sua capacidade em influenciar os leitores. A contribuição para este campo está em verificar o papel da mídia na construção de um tema – os alimentos transgênicos. O método utilizado é a análise crítica do discurso. Os resultados da análise crítica do discurso da Veja sugerem que os alimentos transgênicos são construídos pelo discurso através de duas perspectivas, uma técnica e outra moral e o domínio discursivo é articulado de forma a promover a aceitação dos alimentos transgênicos como opção viável e benéfica de consumo, sem agredir a saúde humana e o meio ambiente.
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This research proposes a study about the interpretative techniques application that are compatible with the national legal system under the principles for Sustainable Development characterized in Brazilian Constitution. It verifies the actual possibility of reconciliation between national development and environment protection, with reflections under the water legal protection. It was proposed, therefore, to point subsidies for jurisdictional decisions involving development and the environmental goods, protected as constitutionally guaranteed principles. It was assumed that, both development and environment protection represents basic rights that are eventually placed in conflict situations, considering the many legitimate economic activities within the Brazilian State. A representative case analysis was elected within the current national scene, detailing the judicial and political conflict involving the Transboundery water Project from the São Francisco River Basin to another Northeastern river basin in Brazil. The implementation of several constitutional principles with elements from legal hermeneutics provides subsidies for the legal analysis about the conflict between development and environmental protection. It was assumed that the main discussion item about rights due to development today is the institutions influence and their results, among them the rules, laws and interpretative elements for the constitutional text objectivity, as the institutions credibility and the Supreme Courts interpretations. The use of interpretative resources for specific conflict situations about constitutional principles by Superior Courts, on the search, would bring a contributory factor for decision safety, related to sustainable development principles, elimination of inequalities and regional protecting for the environment. Specific aspects of Law No. 9.433/97 that introduced the National Water Resources Policy were examined, with its instruments, in order to specifically contextualize aspects of the Brazilian water resources management politics
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Social security has constitutional protection and encompasses health policies, social security and welfare, which are explicitly recognized as a fundamental social right. When workers suffering from work disability are unable to earn income with your work force to support themselves and their families. The State, through the public welfare, contributory and compulsory, has a duty to protect workers in times of misfortune, replacing these income through the provision of social security benefits. Disability the employee has a higher degree of vulnerability, and the granting of disability claims a right sensitive, which can‟t suffer postponements, lest cause legal uncertainty and violating the dignity of the human person. There isn‟t legal definition of disability. The main purpose of the study is the constitutional protection of the worker carrying work disability, seeking to highlight the factors affecting work disability and proposing the use of objective criteria for the grant of social security benefits, because the criteria used are purely medical, based the subjectivity and agency of medical assessor, which hinders the judicial and administrative control of the State. At the time of preparing the expert report, the expert should not consider only tangible aspects, but also social and environmental issues, which contribute to the inability to work and therefore should be considered in granting social security benefits. The granting of social security benefits for incapacity for work is intended to prevent or lessen the impact of individual and social risks in relation to the worker incapacitated, ensuring that the constitutional protection to be effective. The presumed inability, the institute reversing the burden of proof and free conviction motivated are important tools for resolving conflicts between the insured and welfare, finding basis in the insured`s vulnerability, sensitivity and little reliance right at issue in relation to the employee social pension
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The thesis presents a systematic description about the meaning, as Skemp, relational understanding and understanding instrumental, in the context of mathematics learning, being that we had as a guide his understanding of the schema. Especially, we analyze some academic productions, in the area of Mathematics Education, who used the categories of understanding relational and instrumental understanding how evaluative instrument and we see that in most cases the analysis is punctual. Being so, whereas the inherent understanding relational schema has a network of connected ideas and non-insulated, we investigated if the global analysis, where it is the understanding of the diversity of contributory concepts for formation of the concept to be learned, is more appropriate than the punctual, where does the understanding of concepts so isolated. For this, we apply a teaching module, having as main content the Quaternos Pythagoreans using History of Mathematics and the work of Bahier (1916). With the data we obtained the teaching module to use the global analysis and the punctual analysis, using research methodology the Case Study, and consequently we conduct our inferences about the levels of understanding of the subject which has made it possible for us to investigate the ownership of global analysis at the expense of punctual analysis. On the opportunity, we prove the thesis that we espouse in the course of the study and, in addition, we highlight as a contribution of our research evidence of need for a teaching of mathematics that entices the relational understanding and that evaluation should be global, being necessary to consider the notion of schema and therefore know the schematic diagram of the concept that will be evaluated
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The changes incurred in the financial system with the introduction of new technologies and new forms of administration of banks has caused impact on the health of workers. These changes, which passed in the process of work, generate a combined share of the risk factors that result in numerous injuries and illnesses among banks, notably between the operators of banks tellers. The Work-Related Musculoskeletal Disordes - WRMD represent a group of occupational diseases always present among these workers. Because of its high incidence and the amount of financial resour envolved to manage the problem has been the object of constant study. This paper aims to analyze the bank teller activity; search the occurrence of WRMD in the activity, identifying the factors determining the occurrence of WRMD in the activity and determine the real number of touchs on a keyboard made by the operator and propose solutions that influence the reduction of illness in the workplace of the bank teller. Methodological tools of ergonomics are used to provide a broad knowledge of aspects of work that have been studied and influential in the generation of occupational diseases studied. It was found that activity put workers to serious risk of occupational diseases. As the main contributory factors and determinants for this illness: the requirements and control the numbers daily endorsements; evaluation system based on performance targets for productivity; management system at time of service to customers; work with stressful factors (broken box); excess of time worked; furniture of workstations with ergonomic inadequacies and policy for the prevention of occupational diseases inefficient. They have also noted cases of illness for DORT workers without fulfilling the legal requirement of the issuance of the communication of labour accident and without the removal of the employee of the workplace
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This work intends to develop an approach based through scientific criteria in the operational diagnosis of ponds of stabilization, starting from analyses accomplished in loco and in laboratory of 78 systems of sewer treatment through ponds of stabilization in the State of Rio Grande do Norte. The objectives of the research are: to map, to evaluate and to diagnose the operational acting of the ponds of stabilization of the state of Rio Grande do Norte, through visits in loco and analyses laboratory; to build a SIG, through the map rain, locate the points of releases of sewages of the systems of existent ponds in Rio Grande do Norte, as well as operational data and his/her respective efficiency diagnosis in the removal of BOD and Coliforms Termotolerantes; to evaluate, in real scale, three systems of ponds of stabilization of RN in the operational efficiency for the parameters BOD5, COD, pH, Temperature, OD and Coliforms Termotolerantes. Of 78 ETEs of appraised RN just, 9% or 7 had maximum concepts in what concerns the removal of BOD and Coliforms Termotolerantes and 41% or 32, they had the worst concepts in term of operational efficiency. The flowing concentrations ETEs of RN of BOD and Coliforms were of 410mg/L and 2,50x107UFC/100ml, the predominant configuration is of the type F1+M1+M2, the relationship BOD/COD revealed for the sewer tributary characteristic biodegradable high. For the study of case of 3 ETEs, the best operational efficiencies in decreasing order were: Cidade (Municipal district), it Roça (State) and São Miguel (SAAE). The removals of final BOD were 51,6mg/L; 108,27mg/L and 62,6mg/L, tends efficiency of 82%; 74% and 81%. In term of coliforms removal in the final effluentes were 1,90x103UFC/100ml; 1,50x104UFC/100ml and 3,10x104UFC/100ml, tends efficiencies of 99,99%; 99,95% and 99,90%. In what it concerns the practice of agricultural reúso of cultures consumed raw, none of 3 ETEs assisted the parameters of the Resolution CONAMA 357/05, for other reúso practices, all assisted the categories B and C of OMS. For release in body receiving ETE Cidade just, they assist the demands of the resolution of CONAMA 357/05, by study of purification solemnity of the receiving body. The maintenance lack and operation; exclusive operator in ETEs and operation knowledge was the contributory factors for the operational fall in appraised ETEs of RN
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The childhood has being highlighted by the great concern about the several contexts in which children are inserted, amongst them, commercial sexual exploitation (CSE). The experience of this violence process brings implications to the person constitution. Thus, this research aimed to understand how commercial sexual exploited adolescents to signify the childhood. Participated of this research four female adolescents that had been assisted by Programa de enfrentamento ao Abuso e Exploração Sexual de Crianças e Adolescentes (Sentinela) , with ages between 12 and 17 years. The corpus was composed by the combination of the semi-structured interview and other procedures, like childish stories, draws and photography. Moreover, we used another instruments to constitute the corpus, like the documental research and we proposed the construction of a life story book of each participant. The corpus was analyzed through the Thematic Content Analysis. Five thematic axes emerged from the participants discourse and theoretical perspective: dynamical of family, scholar process, ludic behavior, conception of childhood and insertion on CSE process. The participants presented a conception about childhood as been a preparation and education phase to ingress in adult life. In other words, while children do not grown up, they go to the school, plays, lives with family, are happy and do not have any responsibilities. Nevertheless, the life experience of these girls was implicated by negligence, sexual abuse, child labor, institutionalization and, evidently, the commercial sexual exploitation. Understanding that the childhood experienced by adolescent, as well as, her insertion on CSECA, constitutes her, while person, we investigated how the interrelation expresses it on participants future perspectives. Their goals are defined based on family constitution and professional improvement, although feelings of disillusion and pessimism had been showed up in some moments. According these results, we pointed to the necessity of the effective proposals that promote real improvement of adolescents life quality, through, in which they could to create alternatives to get over the several risks in which they are exposed, mainly, the CSECA condition
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Considering that tourism tends to reproduce itself privatizing the areas where it installs, the secondary residence has been an urban element responsible for the private appropriation of the public spaces of coastal of Nísia Floresta. The private appropriation of these accesses, for secondary residences, constitute in an issue-problem of the research. The principal goal is to analyze the relationship of the consumers/users of secondary residences with the public space; and, specifically, identify how the government has been acting and manifesting itself about the occupation of the coastal of Nísia Floresta; as also to verify how the secondary residence has been appropriating privately of the public access of the coastal. On account of the scarce literature about secondary residences and the importance of the public access to beaches for the inhabitant, the present work aims to contribute to the discussion of this theme. The secondary residences in Rio Grande do Norte began in the late nineteenth century, becoming more common in the 90s, when the coast south of Natal is appropriated from local vacationers. In 2000, foreign investment began to be applied in real state and tourism, producing closed developments, served in leisure infrastructure, trade, and hospitality, mainly to external demands. The methodology included a bibliographic survey, data collection and in lócus observation. Applied questionnaires and interviews were performed with consumers/users of the secondary residences, permanent residents and government, respectively. To the legal grounding, taken as a reference the article. 10, of the law 7.661/88 to establish that the beaches are goods of common use . Considering the conclusive analysis of the research, can be said that the right of free access and use of the beach is committed for the benefit of the consumers/users of secondary residences, due to the negligence and omission of the government
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Fundação de Amparo à Pesquisa do Estado de São Paulo (FAPESP)