O prazo decadencial das contribuições especiais, a edição da Súmula Vinculante n 08/2008 e a polêmica na modulação de seus efeitos

No presente trabalho foram analisadas a natureza jurídica das contribuições especiais, suas hipóteses de validação constitucional como seu critério de distinção perante as demais espécies tributárias, bem como a correta determinação do prazo decadencial a elas estabelecido pelo art 146 do Código Tributário Nacional (CTN), especialmente em face da inconstitucionalidade do art 45 da Lei n 8.212/91 declarada através da Súmula Vinculante n 08/2008. Também foram abordadas as correntes doutrinárias favoráveis e contrárias à possibilidade da restrição dos efeitos das decisões de inconstitucionalidade das normas tributárias, bem como realizada a crítica à modulação dos efeitos da SV n 08/2008, que culminou por limitar a repetição do indébito das contribuições irregularmente constituídas apenas àqueles contribuintes que haviam se insurgido contra seu pagamento, administrativa ou judicialmente, até a data de 11/06/2008.

Crise e oportunidade: O caso dos hospitais filantrópicos da região centro sul fluminense do Estado do Rio de Janeiro.

De acordo com dados do DATASUS, o setor filantrópico no país possui cerca de 2.100 estabelecimentos hospitalares, com mais de 155.000 leitos, o que representa 31% do total de leitos do país. Ou seja, 1/3 dos leitos existentes no país são filantrópicos, caracterizando o setor como importante prestador de serviços ao Sistema Único de Saúde, assim como à saúde suplementar. Estes números demonstram a importância do setor filantrópico para o país, mas também para muitas regiões, como a região centro sul fluminense do Estado do Rio de Janeiro. A enorme complexidade e diversidade da rede hospitalar filantrópica traz muitos e variados desafios, tanto para a operação hospitalar, como para as políticas governamentais de manutenção do setor saúde. Além da defasagem da tabela do SUS, outros problemas também são enfrentados por estes hospitais como os tetos financeiros, que levam ao pagamento menor do que é efetivamente produzido, atrasos de pagamentos, que dificultam o planejamento e o equilíbrio financeiro, fechamento de linhas de créditos, dificuldades nas negociações com gestores, entre muitos outros. Todas essas dificuldades têm reflexos críticos na gestão dessas organizações que passam por crises financeiras, necessidade de qualificação profissional e de adequações em suas instalações e equipamentos. Esta pesquisa propõe-se a estudar a situação dos hospitais filantrópicos da região Centro-Sul Fluminense do Estado do Rio de Janeiro no âmbito financeiro, assim como conhecer a percepção dos gestores sobre as dificuldades do setor, suas perspectivas e propostas de possíveis soluções. A metodologia utilizada foi de natureza exploratória, com abordagem qualitativa e quantitativa, com estudo de casos múltiplos, utilizando-se de diversas fontes para coleta de dados, como fontes primárias, secundárias e entrevista semi-estruturada. Os resultados demonstraram a importância dos hospitais filantrópicos na produção de serviços de saúde para o SUS e a necessidade da formulação de políticas especificas para a manutenção do setor filantrópico conveniado ao SUS. Na região centro sul fluminense há uma complementaridade entre a rede pública e a rede filantrópica. Embora seja reconhecida a importância histórica e estratégica desses hospitais na prestação de serviços ao SUS, mantidas as condições atuais nos âmbitos de capacidade instalada, organizacional ou financeira, não há dúvidas de que o futuro dessas instituições será incerto com riscos importantes para a continuidade dos serviços prestados e da própria sobrevivência dos hospitais.Existe a necessidade urgente de que os gestores públicos busquem a implantação de modelos flexíveis de gestão, visando o estabelecimento de um relacionamento de parceria com os hospitais filantrópicos e suas ações sejam definidas por metas tangíveis e alcançáveis.

Opt-out options in new product co-development partnerships

We study three contractual arrangements—co-development, licensing, and co-development with opt-out options—for the joint development of new products between a small and financially constrained innovator firm and a large technology company, as in the case of a biotech innovator and a major pharma company. We formulate our arguments in the context of a two-stage model, characterized by technical risk and stochastically changing cost and revenue projections. The model captures the main disadvantages of traditional co-development and licensing arrangements: in co-development the small firm runs a risk of running out of capital as future costs rise, while licensing for milestone and royalty (M&R) payments, which eliminates the latter risk, introduces inefficiency, as profitable projects might be abandoned. Counter to intuition we show that the biotech's payoff in a licensing contract is not monotonically increasing in the M&R terms. We also show that an option clause in a co-development contract that gives the small firm the right but not the obligation to opt out of co-development and into a pre-agreed licensing arrangement avoids the problems associated with fully committed co-development or licensing: the probability that the small firm will run out of capital is greatly reduced or completely eliminated and profitable projects are never abandoned.

Layered Architecture for Secure E-Commerce Applications

We present a layered architecture for secure e-commerce applications and protocols with fully automated dispute-resolution process, robust to communication failures and malicious faults. Our design is modular, with precise yet general-purpose interfaces and functionalities, and allows usage as an underlying secure service to different e-commerce, e-banking and other distributed systems. The interfaces support diverse, flexible and extensible payment scenarios and instruments, including direct buyer-seller payments as well as (the more common) indirect payments via payment service providers (e.g. banks). Our design is practical, efficient, and ensures reliability and security under realistic failure and delay conditions.

Web Services Workflows—Composition, Co-Ordination, and Transactions in Service-Oriented Computing

Web services can be seen as a newly emerging research area for Service-oriented Computing and their implementation in Service-oriented Architectures. Web services are self-contained, self-describing modular applications or components providing services. Web services may be dynamically aggregated, composed, and enacted as Web services Workflows. This requires frameworks and interaction protocols for their co-ordination and transaction support. In a Service-oriented Computing setting, transactions are more complex, involve multiple parties (roles), span many organizations, and may be long-running, consisting of a highly decentralized service partner and performed by autonomous entities. A Service-oriented Transaction Model has to provide comprehensive support for long-running propositions including negotiations, conversations, commitments, contracts, tracking, payments, and exception handling. Current transaction models and mechanisms including their protocols and primitives do not sufficiently cater for quality-aware and long running transactions comprising loosely-coupled (federated) service partners and resources. Web services transactions require co-ordination behavior provided by a traditional transaction mechanism to control the operations and outcome of an application. Furthermore, Web services transactions require the capability to handle the co-ordination of processing outcomes or results from multiple services in a more flexible manner. This requires more relaxed forms of transactions—those that do not strictly have to abide by the ACID properties—such as loosely-coupled collaboration and workflows. Furthermore, there is a need to group Web services into applications that require some form of correlation, but do not necessarily require transactional behavior. The purpose of this paper is to provide a state-of-the-art review and overview of some proposed standards surrounding Web services composition, co-ordination, and transaction. In particular the Business Process Execution Language for Web services (BPEL4WS), its co-ordination, and transaction frameworks (WS-Co-ordination and WS-Transaction) are discussed.

上市公司经营管理者绩效－报酬与激励机制初探

This research aims at the CEO's (chief executive officer) incentive-reward system and investigates 456 companies that have come into the market. The structure and level of agent reward are analyzed. And the problem in the incentive-reward mechanism is brought forward. The agent's payments are poor comparing to their contributions. And stock is not a primary incentive. Bonus compensation is still the dominant incentive means. By questionnaire and interview, it was fond that matriel need was rank first among these CEOs'needs. These foundinds indicate that the agents' payment is too poor to work as an effective incentive. The corporation's agent incentive is not enough in fact. The two reasons about this problem lie in our institutions and traditional opinions about commerce. To solve this matter, we must establish a scientific and reasonable evaluation system and incentive-reward system. At the same time, the market system and corporation management mechanism are absolutely need.

CSR: Constrained Selfish Routing in Ad-hoc Networks

Routing protocols for ad-hoc networks assume that the nodes forming the network are either under a single authority, or else that they would be altruistically forwarding data for other nodes with no expectation of a return. These assumptions are unrealistic since in ad-hoc networks, nodes are likely to be autonomous and rational (selfish), and thus unwilling to help unless they have an incentive to do so. Providing such incentives is an important aspect that should be considered when designing ad-hoc routing protocols. In this paper, we propose a dynamic, decentralized routing protocol for ad-hoc networks that provides incentives in the form of payments to intermediate nodes used to forward data for others. In our Constrained Selfish Routing (CSR) protocol, game-theoretic approaches are used to calculate payments (incentives) that ensure both the truthfulness of participating nodes and the fairness of the CSR protocol. We show through simulations that CSR is an energy efficient protocol and that it provides lower communication overhead in the best and average cases compared to existing approaches.

Designing tools that enhance communication and understanding between multiple stakeholders: the case of mobile payment value networks

The pervasive use of mobile technologies has provided new opportunities for organisations to achieve competitive advantage by using a value network of partners to create value for multiple users. The delivery of a mobile payment (m-payment) system is an example of a value network as it requires the collaboration of multiple partners from diverse industries, each bringing their own expertise, motivations and expectations. Consequently, managing partnerships has been identified as a core competence required by organisations to form viable partnerships in an m-payment value network and an important factor in determining the sustainability of an m-payment business model. However, there is evidence that organisations lack this competence which has been witnessed in the m-payment domain where it has been attributed as an influencing factor in a number of failed m-payment initiatives since 2000. In response to this organisational deficiency, this research project leverages the use of design thinking and visualisation tools to enhance communication and understanding between managers who are responsible for managing partnerships within the m-payment domain. By adopting a design science research approach, which is a problem solving paradigm, the research builds and evaluates a visualisation tool in the form of a Partnership Management Canvas. In doing so, this study demonstrates that when organisations encourage their managers to adopt design thinking, as a way to balance their analytical thinking and intuitive thinking, communication and understanding between the partners increases. This can lead to a shared understanding and a shared commitment between the partners. In addition, the research identifies a number of key business model design issues that need to be considered by researchers and practitioners when designing an m-payment business model. As an applied research project, the study makes valuable contributions to the knowledge base and to the practice of management.

Valuing ecosystem services from wetlands restoration in the Mississippi Alluvial Valley

This study assesses the value of restoring forested wetlands via the U.S. government's Wetlands Reserve Program (WRP) in the Mississippi Alluvial Valley by quantifying and monetizing ecosystem services. The three focal services are greenhouse gas (GHG) mitigation, nitrogen mitigation, and waterfowl recreation. Site- and region-level measurements of these ecosystem services are combined with process models to quantify their production on agricultural land, which serves as the baseline, and on restored wetlands. We adjust and transform these measures into per-hectare, valuation-ready units and monetize them with prices from emerging ecosystem markets and the environmental economics literature. By valuing three of the many ecosystem services produced, we generate lower bound estimates for the total ecosystem value of the wetlands restoration. Social welfare value is found to be between $1435 and $1486/ha/year, with GHG mitigation valued in the range of $171 to $222, nitrogen mitigation at $1248, and waterfowl recreation at $16. Limited to existing markets, the estimate for annual market value is merely $70/ha, but when fully accounting for potential markets, this estimate rises to $1035/ha. The estimated social value surpasses the public expenditure or social cost of wetlands restoration in only 1 year, indicating that the return on public investment is very attractive for the WRP. Moreover, the potential market value is substantially greater than landowner opportunity costs, showing that payments to private landowners to restore wetlands could also be profitable for individual landowners. © 2009 Elsevier B.V.

Costa Rica's payment for environmental services program: intention, implementation, and impact.

We evaluated the intention, implementation, and impact of Costa Rica's program of payments for environmental services (PSA), which was established in the late 1990s. Payments are given to private landowners who own land in forest areas in recognition of the ecosystem services their land provides. To characterize the distribution of PSA in Costa Rica, we combined remote sensing with geographic information system databases and then used econometrics to explore the impacts of payments on deforestation. Payments were distributed broadly across ecological and socioeconomic gradients, but the 1997-2000 deforestation rate was not significantly lower in areas that received payments. Other successful Costa Rican conservation policies, including those prior to the PSA program, may explain the current reduction in deforestation rates. The PSA program is a major advance in the global institutionalization of ecosystem investments because few, if any, other countries have such a conservation history and because much can be learned from Costa Rica's experiences.

Practice-Level Variation in Outpatient Cardiac Care and Association With Outcomes.

BACKGROUND: Utilization of cardiac services varies across regions and hospitals, yet little is known regarding variation in the intensity of outpatient cardiac care across cardiology physician practices or the association with clinical endpoints, an area of potential importance to promote efficient care. METHODS AND RESULTS: We included 7 160 732 Medicare beneficiaries who received services from 5635 cardiology practices in 2012. Beneficiaries were assigned to practices providing the plurality of office visits, and practices were ranked and assigned to quartiles using the ratio of observed to predicted annual payments per beneficiary for common cardiac services (outpatient intensity index). The median (interquartile range) outpatient intensity index was 1.00 (0.81-1.24). Mean payments for beneficiaries attributed to practices in the highest (Q4) and lowest (Q1) quartile of outpatient intensity were: all cardiac payments (Q4 $1272 vs Q1 $581; ratio, 2.2); cardiac catheterization (Q4 $215 vs Q1 $64; ratio, 3.4); myocardial perfusion imaging (Q4 $253 vs Q1 $83; ratio, 3.0); and electrophysiology device procedures (Q4 $353 vs Q1 $142; ratio, 2.5). The adjusted odds ratios (95% CI) for 1 incremental quartile of outpatient intensity for each outcome was: cardiac surgical/procedural hospitalization (1.09 [1.09, 1.10]); cardiac medical hospitalization (1.00 [0.99, 1.00]); noncardiac hospitalization (0.99 [0.99, 0.99]); and death at 1 year (1.00 [0.99, 1.00]). CONCLUSION: Substantial variation in the intensity of outpatient care exists at the cardiology practice level, and higher intensity is not associated with reduced mortality or hospitalizations. Outpatient cardiac care is a potentially important target for efforts to improve efficiency in the Medicare population.

Penalties on car rental agreements

Examines the Cambridge County Court ruling in Volkswagen Financial Services (UK) Ltd v Ramage on whether a clause in a car hire contract which allowed the finance company, upon repudiation of the contract after the hirer fell into arrears, to claim compensation equivalent to the lost future rental payments was unenforceable as a penalty clause, rather than being a reasonable pre-estimate of actual loss. Refers to case law including the Court of Appeal ruling in Anglo Auto Finance Co v James in considering the differing losses which would occur during the course of the hire term according to the natural depreciation of the value of the car. Notes the reasoning of the Court on: (1) contracts of hire compared with hire purchase agreements; (2) the comparative position of the parties and the freedom to contract elsewhere; and (3) the reasonable prediction of future losses.

Resulting trusts, joint borrowers and beneficial share

Reviews case law illustrating the courts' approach to beneficial ownership of property purchased in joint name by means of a joint mortgage but without any declaration of beneficial interest, the resulting trust and joint beneficial interest presumptions. Contrast the approach adopted in cases where one party made no contribution to the mortgage payments with those where both parties made a contribution. Highlights the courts' treatment of the right to buy discount afforded tenant purchasers and property purchased as a commercial venture rather than a home.

Replacing rubber plantations by rain forest in Southwest China - Who would gain and how much?

The cultivation of rubber trees in Xishuangbanna Prefecture in China’s Yunnan Province has triggered an unprecedented economic development but it is also associated with severe environmental problems. Rubber plantations are encroaching the indigenous rainforests at a large scale and a high speed in Xishuangbanna. Many rare plant and animal species are endangered by this development, the natural water management is disturbed and even the microclimate in this region has changed over the past years. The present study aims at an assessment of the environmental benefits accruing from a reforestation project partly reversing the deforestation that has taken place over the past years. To this end a Contingent Valuation survey has been conducted in Xishuangbanna to elicit local residents’ willingness to pay for this reforestation program that converts existing rubber plantations back into forest. It is shown that local people's awareness of the environmental problems caused by increasing rubber plantation is quite high and that in spite of the economic advantages of rubber plantation there is a positive willingness among the local population to contribute financially to a reduction of existing rubber plantations for the sake of a partial restoration of the local rainforest. These results could be used for the practical implementation of a PES (Payments for Eco-System Services) system for reforestation in Xishuangbanna.

Investigating the cost Performance of UK Credit Unions using Radial and Non-Radial Efficiency Measures

This paper examines the relative efficiency of UK credit unions. Radial and non-radial measures of input cost efficiency plus associated scale efficiency measures are computed for a selection of input output specifications. Both measures highlighted that UK credit unions have considerable scope for efficiency gains. It was mooted that the documented high levels of inefficiency may be indicative of the fact that credit unions, based on clearly defined and non-overlapping common bonds, are not in competition with each other for market share. Credit unions were also highlighted as suffering from a considerable degree of scale inefficiency with the majority of scale inefficient credit unions subject to decreasing returns to scale. The latter aspect highlights that the UK Government's goal of larger credit unions must be accompanied by greater regulatory freedom if inefficiency is to be avoided. One of the advantages of computing non-radial measures is that an insight into potential over- or under-expenditure on specific inputs can be obtained through a comparison of the non-radial measure of efficiency with the associated radial measure. Two interesting findings emerged, the first that UK credit unions over-spend on dividend payments and the second that they under-spend on labour costs.