Apelação no código de processo civil: uma análise sob o prisma do princípio da efetividade

The present dissertation, elaborated is based on the deductive method, through the use of the General Theory of Resources concepts, by the main types of judgments existing in the Code of Civil Procedure, the interlocutory judgment and sentence, as well as the features and effects that challenge these decisions, we sought to identify on this theme one of the greatest evils facing the justice system in the world, which is the processing delays. This slowness in adjudication affects seriously the principle of effectiveness, one of the postulates of procedural law and society as a whole. Thus, the use of tort serves to fight the interlocutory decision and appeal which challenges the judge`s ruling. It is a resource for excellence in appellate system as it meets with the most awaited decision of the process. In weighing the importance of the appeal that seeks to oppose the court decision today by the numerous reforms that the procedural system has been through, it has ended up to transform the process ineffective or inconsistent, for it is much easier to have efficacy in a interlocutory decision for preliminary injunction than by judgment on the merits of the judge. This is due to the prevision of the resources and their effect to those decisions. That is, the interlocutory decision involves interlocutory appeal only in the devolved effect, allowing its provisional execution, and the sentence has as recourse to appeal the double effect, remanding and suspension, which necessarily prevents its provisional execution. But it undeniably shows a paradox, because as to give effect to a measure that is based on a mere probability by a summary cognition, partial and superficial, and stop it on a decision by a court that is closer to the truth and sure, for a full and depleting cognition? It is seriously affect the principle of effectiveness. Therefore, starting from this ineffectiveness, sought to defend the solution of this problem with the approval of the bill n. º 3.605/2004 or the new Code of Civil Procedure project that modifies the general rule the effects of appeal. That is, remanding and suspensive, as to merely remanding effect to and thereby enable the provisional execution of the judgment of the court of the first degree of jurisdiction, giving effectiveness and enhancing the decision of the magistrate, making a fair distribution of time in the process and better guaranteed principle of access to justice

Reação de cultivares de algodoeiro a Ramularia areola

Dentre as doenças causadoras de manchas foliares em algodoeiro, a mancha de ramulária (Ramularia areola Atk) tem se tornado importante em virtude das condições climáticas favoráveis para o desenvolvimento do patógeno, aliadas ao uso de cultivares suscetíveis, plantio consecutivo e extenso. Neste trabalho avaliaram-se os cultivares Delta Opal, Acala 90, Makina, Delta Penta e Sure Grow 821 quanto à resistência a R. areola, em condições de campo na FCAV-UNESP, no ano de 2006. A severidade da doença, que ocorreu por infecção natural das plantas pelo fungo, foi avaliada semanalmente em trinta plantas devidamente marcadas, utilizando-se uma escala descritiva de notas: 1 = 0%, 2 = até 5%, 3 = de 5,1 a 25%, 4 = de 25,1 a 50% e 5 = acima de 50% de área foliar com sintomas. Foram elaboradas curvas de progresso da doença para os cinco cultivares e o modelo monomolecular foi o que melhor se ajustou aos dados, em comparação com o logístico, o exponencial e o modelo de Gompertz. A análise dos dados indicou que houve diferença significativa entre os genótipos, sendo que Delta Opal, Makina e Sure Grow 821 mostraram-se mais suscetíveis e Delta Penta e Acala 90 mais resistentes ao fungo.

Educação - Corporeidade - Lazer: saber da experiência cultural em prelúdio

In the passage of life, the labyrinth of songs and corners are propitious ways for a better comprehension, perception and incorporation of learnings that emerge from our subjectiveness in a magic caught by senses. Eyesight, taste, hearing, touch and smell in communication with the world, put us in front of cultural diversities. The ludicity accumulated by experiences promote the flow of hilarious and concrete discoveries that express themselves in work and leisure demonstrations. Such reflections emerge indicators to the problematic construction centralized in the incorporation of cultural experience knowledge to the formation process and professional interventions in this rule and area. From this significant problematic, aiming to deepen studies, we favored leisure as field of investigative production in full expansion. This, for sure, was an exercise of qualification that guided us through meander of education and made us dip into studies about the corporeity. A research in which the scenery was painted and constructed with the complicity of the culture lived with shine, colors, rhythm and drummings of one of the most present cultural cycles: carnival. Recognized as a stimulant for beauty, participation, socialization, and helped us to enter in the essence of gestures and expressions of corporeity, to think, elaborate and socialize a critic-scientific knowledge which, appropriating from the rhythm of colors, of sounds, of tonalities, of senses and of meanings impregnated in the web of life. All these things seduced the researcher, making imagination flow amid ludic-creative dialogues with the imaginary of researchers creation and production in the rule and area of leisure, education and corporeity. Option that made us outline as objective to investigate and interpret how leisure teachers-researchers, from their studies, researches and interventions, locate and incorporate the knowledge from cultural experience to the formation process and intervention of professionals in this rule and in this area, emphasizing the contributions from this knowledge to fence and qualify this praxis. So, as living each cultural scenery, each epistemological contribution was feeding the production with images of the different versions of the Brazilian breedings, creating and raising expectations and new discoveries and newcomers. With the seriousness of a scientific study, we lived an xxiii academic experience with complex intensity, rigor and coherence, eliminating, step by step, the risks and limitations always present in a work of this magnitude. However, we weren t, even for one moment, alone. Our epistemic regard always maintained mediated by the principles of a methodological approach - the Etnomethodology, that while central guide provided us clues to unveil the lived world by our people-playful , in a universe of 15 members, that allowed themselves to comprehend, comment, analyze. This way, grasping the object in interactions arised and provoked by narrative interview, it was systematically dialected by (re) interpretation of images and formulations of people-playful, enriched by their beliefs, myths, conceptions and rituals inherent to knowledge from cultural experience, which each one attuned with Brazilian and international history, in a mixture of senses echoed from songs and tales. Inspired in drummings and percussions, clothing and choreographies of gestures and expressions, in mixtures produced in unit interactions in the multiplicity shown as necessary requests to the totality of life, with ludicity the rescue of the past, the conquest of present and the construction of future was the axle guide. This rich process of scientific creation made us realize that is possible qualify and empower the praxis in the rule and area of leisure incorporating the knowledge from cultural experience. What also becomes possible is the recuperation of objective revolutionaries and changing conditions of praxis itself with the view of strengthening and triggerment of vital elements in the rule and area of leisure. We also reaffirm that from this praxis emerge elements necessary to human formation in plenitude, by the appropriation of knowledge that guide the facing of challenges of a complex and plural world that valorize education, corporeity and leisure

Stochastic stability for Markovian jump linear systems associated with a finite number of jump times

This paper deals with a stochastic stability concept for discrete-time Markovian jump linear systems. The random jump parameter is associated to changes between the system operation modes due to failures or repairs, which can be well described by an underlying finite-state Markov chain. In the model studied, a fixed number of failures or repairs is allowed, after which, the system is brought to a halt for maintenance or for replacement. The usual concepts of stochastic stability are related to pure infinite horizon problems, and are not appropriate in this scenario. A new stability concept is introduced, named stochastic tau-stability that is tailored to the present setting. Necessary and sufficient conditions to ensure the stochastic tau-stability are provided, and the almost sure stability concept associated with this class of processes is also addressed. The paper also develops equivalences among second order concepts that parallels the results for infinite horizon problems. (C) 2003 Elsevier B.V. All rights reserved.

Programa de Erradicação do Trabalho Infantil (PETI) em Natal: uma avaliação na perspectiva da Assistência Social

This research deals with children and teenagers who are in childish work situation like juridical and institutional conquests connected with public politics in order to effects rights and social support about childish work eradication program (PETI) in terms of evaluation context under social work. The analysis of this research records the PETI implantation process at social nucleus in Cidade Nova (Natal/RN) to absorb children and teenagers who come from lixão . It does this based on the two thousands (2005) and presents the program importance linking users and their families such as the investigation of PETI actions, intending to give a contribution in the childish work combat and how they have been developed social-education protection for children and teenagers (seven to fifteens). About quality and quantity it was make a survey of social-economical characterization of the people benefits (to families) through interviews with users. This study (make us) sure brings new subventions which can cooperate to the childish work eradication by others public politics articulations

Variação espacial e sazonal de elementos maiores e traços no estuários do Rio Curimataú (RN), através de dados geoquímicos e de sensoriamento remoto

The Curimataú estuary is located in the oriental coast of Rio Grande do Norte State in Brazil. Its importance resides in the fact that this region possesses one of the last portions of preserved mangrove in the Rio Grande do Norte State. Nevertheless, it has been severely affected by many anthropogenic activities, as sugarcane monoculture and shrimp farming. Former works demonstrated that an accumulation of heavy metals is occurring in oysters in this estuary, and perhaps it could be explained by the input of metals in this ecosystem deriving from the shrimp farming. To better understanding the origin of these metals, bottom sediment samples, cores and suspended particulate matter were collected for a characterization of metal concentrations (Al, Ba, Cd, Cu, Cr, Fe, Mn, Ni, Pb, Zn) and to determine the potentially bioavailable metals. Additionally, the enrichment ratio for each element analyzed was calculated. The mineralogical composition of sediment samples and cores were obtained by X-ray diffraction. Moreover, data of orbital remote sensing were used in order to detect and quantify suspended matter by applying a logarithmic algorithm. Geochemical data of bottom sediments and cores revealed that, excepting Ba and Pb, the elements analyzed presented concentrations characteristic of an unpolluted ecosystem (Al: 0,25 - 8,76 %; Ba: 3,03 - 870 µg.g-1; Cd: < 0,25 µg.g-1; Cr: 1,72 - 82,4 µg.g-1; Cu: 0,12 -25,3 µg.g-1; Pb: 0,38 - 23,7 µg.g-1; Fe: 0,10 - 5,82 %; Mn: 15,1 - 815 µg.g-1; Ni: 0,14 - 36,1 µg.g-1; Zn: 1,37 - 113 µg.g-1). During the dry season a distribution pattern was observed, with higher metal concentrations in the margins, decreasing toward the central portion of the channel. These metal concentrations were well correlated with mineralogical compositions, with clay minerals prevailing at the margins, and quartz and feldspar in the center. However, this pattern was not observed during the wet season, probably because of the high water flux that disturbed bottom sediments. But, as observed for the dry season, a good correlation between metal concentrations and mineralogical composition was also observed for the wet season, with high metal concentrations where there were high quantities of clay minerals. Low enrichment ratios were obtained for the majority of elements analyzed, excepting for Mn, Ba and Pb. Manganese presented the higher ratios downstream for both seasons, and it can be an evidence of anthropogenic impact by shrimp farming. As barium and lead concentrations in sediment samples presented analytical problems during the total sample digestion, one cannot be sure that the ratios obtained correspond to the reality. The highest metal concentrations in particulate matter were obtained in the portion dominated by fluvial transport for all metals analyzed, excepting for copper. Barium and zinc were the only elements that presented elevated concentrations that are not common of unpolluted ecosystems (Ba: 5730 - 8355 µg.g-1; Zn: 3899 - 4348 µg.g-1). However, these high concentrations could not be related to the shrimp farming and waste waters from the town of Canguaretama, once they were obtained from the fluvial particulate matter, that is upstream from the activities above mentioned. The application of the logarithmic algorithm to the processed LANDSAT image was well succeeded, although the acquired image does not correspond exactly to the field campaigns. The IKONOS image provided very detailed views of the suspended sediment concentration at the estuary, as the mixture of distinct water flows at the confluence of Cunhaú and Curimataú rivers, with more turbid waters from Cunhaú river, that is directly affected by effluents from shrimp farming and urban waste waters deriving from the town of Canguaretama

Programa de Erradicação do Trabalho Infantil (PETI) em Natal: uma avaliação na perspectiva da Assistência Social

This research deals with children and teenagers who are in childish work situation like juridical and institutional conquests connected with public politics in order to effects rights and social support about childish work eradication program (PETI) in terms of evaluation context under social work. The analysis of this research records the PETI implantation process at social nucleus in Cidade Nova (Natal/RN) to absorb children and teenagers who come from lixão . It does this based on the two thousands (2005) and presents the program importance linking users and their families such as the investigation of PETI actions, intending to give a contribution in the childish work combat and how they have been developed social-education protection for children and teenagers (seven to fifteens). About quality and quantity it was make a survey of social-economical characterization of the people benefits (to families) through interviews with users. This study (make us) sure brings new subventions which can cooperate to the childish work eradication by others public politics articulations

Orientação geográfica: uma proposta metodológica para o ensino da geografia na 5ª série

Cartographical representations (maps, charters and plans) are taken as didactic resources in Geography classes in the 5th grade of the municipal public schools in São José de Ribamar through a methodological approach taking into consideration the use of those resources is still worries an important part of the teachers of the Maranhão State public schools who teach in this level. Papers related to the theme, most of the time, are non accessible to the teachers of the maranhense public schools, mainly because the education instilutions, which use those resources, do it in a very incipient way. So this research proposes from the drawings of magnetccoursein the school courtyards, together with maps, charts, plans among others representation used in the classroom environment, motivate the students to a deeper interests in participating in Geography learning process in the 5th grade. Interviews, analyses of socialcultural questionnaires of the families involved in the process; observations of classes, trainings, geocartographical orientations, application of pre and posttests, discussions about the usage of cartographic representations, proposed and effectivated tasks in the classroom, as well as around the school, were the basis of the researched population. As a result of this process, it was produced a was complement didatical material showing, among others, the space in which students, for sure, will contribute in an effective way to a better teaching practice in the chain of maranhense public schools, having in mind that these geographic subjects may be taught in the level we focused our study

Natural Peccei-Quinn symmetry in the 3-3-1 model with a minimal scalar sector

Coordenação de Aperfeiçoamento de Pessoal de Nível Superior (CAPES)

Políticas públicas e voz do professor: caracterização das leis brasileiras

OBJETIVO: Caracterizar as leis sobre saúde vocal publicadas em todo território nacional até o ano de 2006. MÉTODOS: Foram feitas buscas da documentação em sites oficiais, assim como um questionário elaborado pelas autoras foi divulgado no meio fonoaudiológico, por correio eletrônico, para captar o maior número de leis possível. Obtiveram-se 22 documentos que foram analisados quanto ao raio de abrangência, ações propostas, natureza dessas ações, público-alvo, secretarias envolvidas, iniciativa e promulgação das leis. Tais dados foram analisados de maneira absoluta (numérica) e relativa (percentualmente). RESULTADOS: Os documentos são, em sua maioria, leis de abrangência estadual, mais numerosas na região sudeste, propostas pelo poder legislativo, cuja viabilização compete a uma parceria entre secretarias de saúde e educação estaduais. As ações propostas, de modo geral, preconizam a implementação de assistência preventiva por meio de cursos teórico-práticos (90,91%), com periodicidade anual, ministrados por fonoaudiólogos, com a ressalva de que será oferecido, ao professor com distúrbio vocal, acesso ao tratamento fonoaudiológico e/ou médico (77,27%). em apenas três documentos (13,64%) avança-se para além de cursos, com propostas de ações de promoção à reabilitação, inclusive com menção ao ambiente de trabalho. Dois deles (9,09%) consideram os direitos do professor trabalhador. CONCLUSÃO: Levando-se em conta o grande número de casas legislativas no Brasil, poucas são as leis propostas a favor da saúde do professor, especialmente em relação à voz. Além disso, para que sejam aplicadas e transformadas em programas de saúde vocal, tais iniciativas devem partir de competência constitucional própria, a fim de garantir os recursos financeiros necessários para a sua viabilização.

Mancha de mirotécio em algodoeiro causada por Myrothecium roridum

A mancha de mirotécio causada por Myrothecium roridum Tode ex Fr. foi observada em lavouras de algodão no sul do Maranhão, causando reduções de produtividade de até 60%. Os sintomas da doença são lesões necróticas, circulares, com estruturas salientes, os esporodóquios, de distribuição irregular. Foram observadas lesões nos pecíolos, brácteas, folhas e maçãs de algodoeiro cv. Deltapine Acala 90, Fibermax 966 e Sure Grow 821. O isolamento do fungo foi realizado em meio de cultura batata-dextrose-ágar (BDA). O teste de patogenicidade foi realizado em maçãs sadias, destacadas de algodoeiro cv. Fibermax 966, no estádio vegetativo R6, previamente desinfestadas. Foram testados 13 isolados de M. roridum, oito provenientes de algodão e cinco de soja. Avaliações das estruturas fúngicas foram realizadas com auxílio de microscópio óptico equipado com um micrômetro ocular. Os isolados causaram infecções em maçãs de algodão e destacou-se como mais agressivo o MA-75, proveniente de algodão, apresentando diâmetro médio de lesão de 1,3cm, aos sete DAI e 2,7cm aos 14 DAI. Todos os isolados formaram esporodóquios dispostos concenticamente em meio BDA. Os conídios são unicelulares, hialinos a oliváceos, abundantemente produzidos em massa verde-oliva a preta. Os conídios de isolados provenientes de algodão mediram, em média, 5,1µm x 1,5µm, e os obtidos de soja, 5,8µm x 1,5µm. Estes resultados relatam a ocorrência da mancha de mirotécio, causada por M. roridum, em lavouras comerciais de algodão no Brasil.

EVALUATING ONE-LOOP LIGHT-CONE INTEGRALS BY COVARIANTIZING THE GAUGE-DEPENDENT POLE

Making sure that causality be preserved by means of ''covariantizing'' the gauge-dependent singularity in the propagator of the vector potential A(mu)(x), we show that the evaluation of some basic one-loop light-cone integrals reproduce those results obtained through the Mandelstam-Leibbrandt prescription. Moreover, such a covariantization has the advantage of leading to simpler integrals to be performed in the cone variables (the bonus), although, of course, it introduces an additional alpha-parameter integral to be performed (the price to pay).

Resistance to maxillary premolar fractures after restoration of class II preparations with resin composite or ceromer.

OBJECTIVE: The aim of this study was to evaluate the resistance to fracture of intact and restored human maxillary premolars. METHOD AND MATERIALS: Thirty noncarious human maxillary premolars, divided into three groups of 10, were submitted to mechanical tests to evaluate their resistance to fracture. Group 1 consisted of intact teeth. Teeth in group 2 received mesio-occlusodistal cavity preparations and were restored with direct resin composite restorations. Teeth in group 3 received mesio-occlusodistal cavity preparations and were restored with ceromer inlays placed with the indirect technique. After restoration, teeth were stored at 37 degrees C for 24 hours and then thermocycled for 500 cycles at temperatures of 5 degrees C and 55 degrees C. RESULTS: Statistical analysis revealed that group 3 (178.765 kgf) had a significantly greater maximum rupture load than did group 1 (120.040 kgf). There was no statistically significant difference between groups 1 and 2 or between groups 2 and 3. CONCLUSION: Class II cavity preparations restored with indirect ceromer inlays offered greater resistance to fracture than did intact teeth. The fracture resistance of teeth restored with resin composite was not significantly different from that of either the ceromer or intact teeth.

The effect of adhesive systems on the pullout strength of a fiberglass-reinforced composite post system in bovine teeth

Purpose: To evaluate the pullout strength of a glass fiber-reinforced composite post (glass FRC) cemented with three different adhesive systems and one resin cement. The null hypothesis was that pullout strengths yielded by the adhesive systems are similar. Materials and Methods: Thirty bovine teeth were selected. The size of the specimens was standardized at 16 mm by sectioning off the coronal portion and part of the root. The specimens were divided into three groups, according to the adhesive system, which were applied following the manufacturers' instructions: G1, ScotchBond Multi-Purpose Plus; G2, Single Bond; G3, Tyrian SPE/One-Step Plus. The glass FRCs (Reforpost) were etched with 37% H3PO4 for 1 min and silanized (Porcelain Primer). Thereafter, they were cemented with the dual resin cement En-Force. The specimens were stored for 24 h, attached to an adapted device, and submitted to the pullout test in a universal testing machine (1 mm/min). The data were submitted to the one-way ANOVA and Tukey's test (α = 0.05). Results: G1 (30.2 ± 5.8 Kgf) displayed the highest pullout strength (p < 0.001) when compared to G2 (18.6 ± 5.8 Kgf) and G3 (14.3 ± 5.8 Kgf), which were statistically similar. Analysis of the specimens revealed that all failures occurred between the adhesive system and the root dentin (pullout of the post cement), regardless of group. Conclusion: The multiple-bottle, total-etch adhesive system provided higher pullout strength of the glass FRC when compared to the single-bottle, total-etch, and single-step self-etching adhesive systems. The null hypothesis was rejected (p < 0.001).

Viscosity, pH, and moisture effect in the porosity of poly(furfuryl alcohol)

The poly(furfuryl alcohol) is highly indicated to obtain advanced carbonaceous materials due mainly to its good carbon yield (around 50%) and a controllable cure reaction. In the processing of some carbonaceous materials, such as monolithic vitreous carbon, it is necessary to make sure that the material has the smallest porosity to be used in nobler applications such as heart valves and aerospace integrated systems. In this manuscript, a design of experiments was used to study the influence of viscosity, pH, and moisture in the porosity of the cured material. This study shows that the moisture exerts a significant influence on the porosity and the trend of the results lead to conclude that lower viscosity and moisture, and the use of non-neutralized poly(furfuryl alcohol) resins lead to obtain materials with better quality. © 2012 Wiley Periodicals, Inc.