926 resultados para Legislation as topic


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

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Conselho Nacional de Desenvolvimento Científico e Tecnológico (CNPq)

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The changes in the world of work that, in turn, directly affect the teaching work, have expanded the processes of precariousness and intensification, contributing for deteriorating conditions which teachers use to labor. Considering that the time designated for teaching activities is an important part of work conditions, we look for, in this article, to analyze the work shift of teachers in São Paulo state educational public system. Regarding that teachers are a very heterogeneous group, we have chosen to discuss the workday those professionals who dedicate themselves in the last years of elementary and high school. Through a literature review and a research about the legislation related to the topic, in Brazil and São Paulo state, we have highlighted that the teachers’ work shifts should include not only the time for classroom activities, but also for other extra activities. Moreover, we emphasize that the state of São Paulo government has promoted, since 2012, a reformulation of the teachers’ work shift that has not properly include the appropriate length of time for extra educational activities, contrasting the parameters founded in the national legislation. Besides the legal non-compliance, that fact has accentuated the process of intensification of teaching work, contributing for the embrittlement of the collective activities.

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This paper addresses the creation of pension funds for federal civil servants in Brazil, analyzing the existing legislation and regulation on this issue. To this end, it takes off based on the genesis of the Brazilian private pension plans, logging the emergence of private funds as well as the existence of various laws and constitutional amendments prior to Law 12.618/2012, which provided for the pension funds system for Brazilian federal public servants. It also identifies proponents and opponents to the Foundation for Pension Funds of Federal Civil Servants (FUNPRESP), signaling the discursive construction of the pension fund schemes as central character in contemporary welfare capitalism. Finally, presents controversial aspects of the new pension fund law developments in Brazil.

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Pós-graduação em Estudos Linguísticos - IBILCE

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Fluoridation of water for human consumption is a method of caries prevention that brings great social benefit, if kept at optimal levels. The increase in the production of bottled water emphasizes the need to verify whether fluoride presence in these waters occurs in sufficient quantity to prevent decay, or if it represents a significant risk of fluorosis. Objective: to compare the concentrations of fluoride present in bottled water to those declared on the labels, and to make a critical analysis of legal norms on the subject. Materials and method: this was a cross-sectional study, through which 22 samples of bottled water sold in state of Ceará, Brazil, were analyzed. Analyses were performed in duplicate by the electrometric method, and results were compared to those printed on the labels. Detailed searches by laws, resolutions, ordinances, and other official documents in force, related to the topic were performed. Results: the fluoride concentrations found ranged from 0.01 to 0.36 mgF/l. Although 72.7% of the samples were classified as fluoridated, the fluoride concentrations observed were shown to be insufficient for caries prevention. As for the rules, situations where they are not clear or even divergent were found. Conclusion: the current legislation on the subject requires updates to become more objective and to create new criteria on the use of the term “fluoridated water”.

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Pós-graduação em Agronegócio e Desenvolvimento - Tupã

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[EN] The journal impact factor is not comparable among fields of science because of systematic differences in publication and citation behaviour across disciplines. In this work, a source normalization of the journal impact factor is proposed. We use the aggregate impact factor of the citing journals as a measure of the citation potential in the journal topic, and we employ this citation potential in the normalization of the journal impact factor. An empirical application in a set of 224 journals from four different fields shows that our normalization, using the citation potential in the journal topic, reduces the between-group variance with respect to the within-group variance in a higher proportion than the rest of indicators analysed.

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La tesi si occupa, con originalità e spunti di innovazione, del tema degli infortuni sul lavoro e tecnopatie, attraverso un'ottica del tutto nuova perchè attenta sia agli aspetti previdenziali (indennizzo Inail) e sia agli aspetti risarcitori (risarcimento dei danni differenziali e complementari). Lo studio, non scevro da analisi critiche, indaga in particolare sulla risarcibiità del danno c.d. differenziale e sperimenta le nuove poste risarcitorie applicabili, alla luce delle più recenti evoluzioni legislative e giurisprudenziali. L'Autore non trascura, infine, i complessi profili processuali a completamento delle tutele e le responsabilità sia del datore di lavoro (obbligato principale) e sia dei terzi.

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From the institutional point of view, the legal system of IPR (intellectual property right, hereafter, IPR) is one of incentive institutions of innovation and it plays very important role in the development of economy. According to the law, the owner of the IPR enjoy a kind of exclusive right to use his IP(intellectual property, hereafter, IP), in other words, he enjoys a kind of legal monopoly position in the market. How to well protect the IPR and at the same time to regulate the abuse of IPR is very interested topic in this knowledge-orientated market and it is the basic research question in this dissertation. In this paper, by way of comparing study and by way of law and economic analyses, and based on the Austrian Economics School’s theories, the writer claims that there is no any contradiction between the IPR and competition law. However, in this new economy (high-technology industries), there is really probability of the owner of IPR to abuse his dominant position. And with the characteristics of the new economy, such as, the high rates of innovation, “instant scalability”, network externality and lock-in effects, the IPR “will vest the dominant undertakings with the power not just to monopolize the market but to shift such power from one market to another, to create strong barriers to enter and, in so doing, granting the perpetuation of such dominance for quite a long time.”1 Therefore, in order to keep the order of market, to vitalize the competition and innovation, and to benefit the customer, in EU and US, it is common ways to apply the competition law to regulate the IPR abuse. In Austrian Economic School perspective, especially the Schumpeterian theories, the innovation/competition/monopoly and entrepreneurship are inter-correlated, therefore, we should apply the dynamic antitrust model based on the AES theories to analysis the relationship between the IPR and competition law. China is still a developing country with relative not so high ability of innovation. Therefore, at present, to protect the IPR and to make good use of the incentive mechanism of IPR legal system is the first important task for Chinese government to do. However, according to the investigation reports,2 based on their IPR advantage and capital advantage, some multinational companies really obtained the dominant or monopoly market position in some aspects of some industries, and there are some IPR abuses conducted by such multinational companies. And then, the Chinese government should be paying close attention to regulate any IPR abuse. However, how to effectively regulate the IPR abuse by way of competition law in Chinese situation, from the law and economic theories’ perspective, from the legislation perspective, and from the judicial practice perspective, there is a long way for China to go!

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The transformation of legislative processes in the Information society: from eLegislation to eParliament This research analyzes, by means of an interdisciplinary and comparative approach, the transformation of legislative processes produced by the introduction of new ICT technologies. The use of ICT in support of parliamentary activities is concerned with efficiency of parliamentary process and aims at more transparent procedures, improved access to documents, social participation and cooperation among institutions. With ICT Parliaments are now able to improve their efficiency and optimize their business; they can advance the dialogue with their citizen both, through the real access and the effective availability of information and, through new way of participation in the democratic process. Finally, sharing information, know-out, best practices and other records, Parliaments will be able to develop new information and knowledge and to strengthen the role and power of Institutions. Only through a global vision of the full process, re-thinking and develop rules and uniform standard and so implementing the new opportunities carrying out by ICT, it will be possible to put in practice concrete eParliament results. The Research goals are at least three: 1. To Analysed the legislative process and the ICT opportunities to understand the impact of the latter on the former. In particular to check up the problems that ICT can raise in relation of the constitutional principles ensuring the process itself. 2. To realized an abstract model representing the legislative process regardless of the form of government, chambers composition, legal system, etc. 3. To suggest standard, structural, linguistic and ontological, able to implement the new opportunities of sharing, cooperation and reuse among the many and various stakeholders of the democratic/legislative view.

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What exactly is tax treaty override ? When is it realized ? This thesis, which is the result of a co-directed PhD between the University of Bologna and Tilburg University, gives a deep insight into a topic that has not yet been analyzed in a systematic way. On the contrary, the analysis about tax treaty override is still at a preliminary stage. For this reason the origin and nature of tax treaty override are first of all analyzed in their ‘natural’ context, i.e. within general international law. In order to characterize tax treaty override and deeply understand its peculiarities the evaluation of the effects of general international law on tax treaties based on the OECD Model Convention is a necessary pre-condition. Therefore, the binding effects of an international agreement on state sovereignty are specifically investigated. Afterwards, the interpretation of the OECD Model Convention occupies the main part of the thesis in order to develop an ‘interpretative model’ which can be applied every time a case of tax treaty override needs to be detected. Fictitious income, exit taxes and CFC regimes are analyzed in order to verify their compliance with tax treaties based on the OECD Model Convention and establish when the relevant legislation realizes cases of tax treaty override.