977 resultados para Adoção judicial
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This study aimed to understand the relations inside the organizational Structuring of the shrimp Field - the shrimp agribusiness placed in Rio Grande do Norte State and the strategies adopted by its players. In order to achieve that, semi-structured interviews were conducted with samples of various organizations that act in the field, like cooperatives, associations, enterprises of different links in the chain, universities and state agencies. The interviews built up a large collection of secondary data. As expected, it was found that Field and strategies are related in a recursive way: the configuration of the field, a result from his own biography, has decisively influenced the strategies adopted by its actors, who, as evolved, eventually caused further changes in the Field and outlines the plot of this area of interaction. It was found, for example, that after thirty-five years of its genesis, the Field of shrimp RN still has a low level of institutionalization, which helps to understand the difficulty of its actors in establish strategies based on partnerships and cooperation; Those actions are so necessary to alleviate the effects of the crisis that devastated the industry since 2004. It was noticed, however, that this level of institutionalization is a result, beside other factors, the very strategies that field actors are embracing along its trajectory. Thus, this study hopes to have contributed both to the necessary revival of the agency to institutional phenomenon, cited by Oliver (1991), and to meet the need for more contextualized approaches to organizational strategies (MINTZBERG, 1987; CLEGG, 2004; WHITTINGTON, 2004; 2006; SARAIVA and CARRIERI, 2007). It is an exploratory study that needs further investigation in order to get deep in this research. In this sense, others methodologies and theoretical perspectives need to be used, especially those relating to the seizure of the disputes and discursive aspects of power, as salient in the field investigated. Moreover, in terms of "practical actions", it is suggested that, as soon as possible, the main actors of the field (cooperatives, companies, and state entities in class) can be able of agglutinate efforts to support the shrimp field in RN State and make sustainable actions, which can promote the development of activity in a global view. On the apse of shrimp activities everybody wanted to be the "father of the child," Now, someone has to "stay in the goal."
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The study aims to identify the factors that influence the behavior intention to adopt an academic Information System (SIE), in an environment of mandatory use, applied in the procurement process at the Federal University of Pará (UFPA). For this, it was used a model of innovation adoption and technology acceptance (TAM), focused in attitudes and intentions regarding the behavior intention. The research was conducted a quantitative survey, through survey in a sample of 96 administrative staff of the researched institution. For data analysis, it was used structural equation modeling (SEM), using the partial least squares method (Partial Least Square PLS-PM). As to results, the constructs attitude and subjective norms were confirmed as strong predictors of behavioral intention in a pre-adoption stage. Despite the use of SIE is required, the perceived voluntariness also predicts the behavior intention. Regarding attitude, classical variables of TAM, like as ease of use and perceived usefulness, appear as the main influence of attitude towards the system. It is hoped that the results of this study may provide subsidies for more efficient management of the process of implementing systems and information technologies, particularly in public universities
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Universidade Estadual do Rio Grande do Norte
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Esta disertación tiene como objetivo principal identificar las motivaciones de los adoptantes catastrales, pues la regularidad estadística en el universo adoptivo nacional apunta para una preferencia por las adopciones al modo brasileño o listas. La hipótesis principal señala que las caracterizaciones de los sujetos en foco, en cuanto a su pertenencia religiosa y al nivel de educación formal, ejercen fuerte influencia en su opción por la adopción catastral. Apoyándose en la teoría del habitus de Pierre Bourdieu, se pudo constatar que la cultura individual es lo que orienta los límites de la acción de los sujetos y, en el caso de los adoptantes catastrales, en sus diferentes habitus, se encuentra la explicación para sus trayectos y tentativas adoptivas. Es importante recordar que sus habitus son unificados por el Estado. En la colecta y análisis de los datos, se realizó un trabajo cualitativo y cuantitativo fundamentado en los siguientes recursos: observación directa, consultas de documentos oficiales, aplicación de formularios y entrevistas semiestructuradas. Las observaciones fueron realizadas en instituciones relacionadas al proceso de las adopciones catastrales, así como mediante encuestas sobre los adoptantes. Se analizaron, también, documentos referentes al regimiento de esas instituciones, especialmente en cuanto a las orientaciones relativas a la práctica adoptiva estudiada. Se observó una discrepancia entre el discurso oficial y lo que efectivamente las instituciones practican en su cotidiano. Por fin, en cuanto a las entrevistas realizadas con los adoptantes, fue verificado que ellos tienen un nivel socioeconómico y formación escolar superior a la media de la población de la ciudad de Fortaleza, así como participan de alguna comunidad religiosa y son miembros de familias que representan el modelo socialmente dominante nuclear burgués
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O objetivo do presente trabalho foi avaliar a variabilidade espacial de atributos de Latossolos sob cultivo de cana-de-açúcar na região de Jaboticabal (SP). Foram feitas amostragens do solo a intervalos regulares de 50 m, em uma área de 90 ha, nas profundidades de 0,00-0,20 e 0,60-0,80 m para determinação de pH, CTC, V % e teores de matéria orgânica, P, K+, Ca2+, Mg2+, H + Al e argila. Os dados foram submetidos às análises: estatística descritiva, geoestatística e interpolação por krigagem. Os alcances de dependência espacial para os atributos químicos do solo e teores de argila na camada de 0,60-0,80 m de profundidade foram menores, quando comparados àqueles referentes à camada de 0,00-0,20 m. Estes resultados demonstraram maior descontinuidade na distribuição espacial dos atributos do solo na camada de 0,60-0,80 m de profundidade dos Latossolos, indicando que essa classe de solos não apresentou homogeneidade de seus atributos como conceituadamente a ela foi atribuída. O manejo no solo alterou a dependência espacial dos atributos do solo na camada superficial de forma a diminuir a variabilidade espacial dos atributos químicos do solo em relação à camada mais profunda. A investigação da variabilidade espacial de atributos químicos e do teor de argila da camada superficial e subsuperficial dos solos proporcionou condições para a definição de zonas homogêneas de manejo, o que permite a adoção do sistema de agricultura de precisão.
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This dissertation aims to address the limits and possibilities of realizing the fundamental right to reasonable time of the Brazilian legal system process. From this perspective, we analyze a reasonable time concept for the process, consistent with the civil homeland process; the relationship between efficiency, effectiveness, legal security and reasonable time of adjudication; a formal recognition of the fundamental right to reasonable time of the procedure in the Constitution of 1988; and the immediate applicability of this fundamental right. As indicated, the crisis of the Judiciary and procedural delay are problems directly related to the limits and possibilities of realization of the fundamental right under study. Moreover, we also present some mechanisms that can be used to overcome these problems. The subject was developed based on constitutional interpretation of fundamental rights, an approach that will always have this concern to be based on a methodology which includes the normative and empirical-dogmatic fields, realizing the fundamental right to reasonable time of the process. We adopted as methodological approach the study of this issue in judicial aspect, more specifically in the field of civil procedure. Finally, we weave through a critical and analytical view, our conclusions, which demonstrate the possibilities of overcoming the limits imposed to immediate implementation of the fundamental right to reasonable time of the process in our legal system
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The research arose from the necessity of showing ways to be followed by the actors of the System Guaranteeing Rights of the Child and Adolescent (SGD), regarding the implementation of rights for young people, because the legislation in force in Brazil is currently considered a model around the world and, paradoxically, the fundamental rights of children and adolescents are not met, even with the constitutionally guaranteed priority. Thus, the study investigates the fundamentality rights for young people, enshrined in the Constitution of the Republic, as well as the ways of effectiveness of these rights through the actions of actors of the System Guaranteeing Rights, especially the judiciary. Focusing realized, studying theories of fundamental rights, especially Structuring a Theory of Law (Strukturiende Rechtslehre), Friedrich Müller, who emphasizes the need for analysis of social reality in the application of the rule of law. Study also the public budget and public policies concerning children and adolescents, with emphasis on preparation of budget laws and the process of discussion, deliberation, choice and implementation of public policies for children and teenagers. It then presents the typical functions of the members of System Guaranteeing Rights, as well as prepare a plan for optimum performance for each of the actors, with emphasis on analysis of the implementation of public policies at the municipal level. Finally, it analyzes the theory of separation of three powers, and discusses the positive and negative factors for judicial intervention, concluding that the Courts can consider the action activist, from finding the omission of the Executive and legislative branches, as regards the implementation of the rights of children and adolescents, as well as the rights of children and young people are not realized in most cases, due to the omission of actors of the System Guaranteeing Rights
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The judicial intervention in limited liability company goes through several issues of legislative and hermeneutics origin, based considerably on the small importance given to freedom of economic initiative by the participants in the process of formation and application of the law. In addition, Brazilian law, due to incompleteness, inconsistency or lack of valid grounds, put the judge in a procedural delicate situation. Being forced to judge, the judiciary faces severe uncomfortable interpretive situations, of which derive solutions of dubious constitutionality and affecting, significantly, the dynamics of business activity. In this context, and considering the limited liability company as an expression of free enterprise, corresponding to a lawful association of people in order to undertake economically, in exercise of his freedom of contracting and professional action, intended to be offered safe parameters of constitutionality for judicial intervention in limited liability company in the hypothesis of (i) transfer of corporate shares, (ii) attachment of corporate shares, (iii) dismissal of directors, (iv) appointment of judicial stakeholders, (v) exclusion of shareholders and (vi ) trespass. The hypothetical-deductive approach was adopted, building hypotheses to overcome the gaps and unconstitutionality of the law and subjecting them to tests, reviews, and comparisons with hypothetical facts and case law in order to determine the constitutional validity of the proposed solutions. The procedure aimed to reconcile the historical, comparative, dialectical and scientific methods. The roots of temporal institutes were researched as well as current solutions provided by national and compared law. From problematizations point, addressed by the constitutional interpretation of the law and jurisprudence, responses that bring out the unconstitutionality of certain conceptions were headed
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In Brazil, social rights have always been considered secondary legal categories, whose implementation could wait for the pending of political decisions. At the end of the Second World War, International Law emphasizes the protection of human beings, raising his dignity as a legal pillar of the legal orders and one of the main foundations of Constitutions. At the post-positivism Constitutionalism, the realization of social rights receives special attention with the assumption of supremacy and normativity of the Constitutions, while the judiciary participates in the realization of democracy, not only as applicator of laws, but also as the guardian of constitutionality of the acts and administrative omissions, creatively contributing to the constitutional achievement, filling gaps and normative state omissions. In this aspect, the supply of medicines, whose costs can not be supported by the individual, keep a close connection with the right to life, health and dignity of the human being, as the subject of numerous lawsuits directed against the Public Administration. Such phenomenon has caused intense debate regarding judicial activism and legitimacy of these decisions, particularly on the need to define what are the limits and possibilities considering the principle of separation of powers and the principle of reserve of the possible; bieng this the problematic developed in this research. Thus, this research aims to verify the legitimacy of judicial decisions that determines to the Public Administration the compulsory providing of medicine to those who can not afford the cost of their treatment, as well as, contribute to the dogmatic constructions of parameters to be observed by judicial interference. Regarding the methodology, this research has an investigative and descriptive caracter and an theoretical approach based on bibliographical data collection (judicial and doutrine decisions) that received qualitative treatment and dialectical approach. As a result, it is known that the judicial decision that determines the supply of medicines to those individuals who can not afford them with their own resources is legitimate and complies with the democratic principle, not violating the principle of separation of powers and the reserve of the possible, since the judicial decison is not stripped with an uniform and reasonable criteria, failing to contain high burden of subjectivism and witch signifies a possible exacerbation of functions by the judiciary, suffering, in this case, of requirement of legal certainty. It is concluded that the Court decision that determines the government the providing of medicine to those who can not afford the cost of treatment should be based on parameters such as: the protection of human dignity and the minimum existencial principle, the inafastable jurisdiction principle; compliance critique of the possible reserve principle; subsidiarity of judicial intervention; proportionality (quantitative and qualitative) in the content of the decision; the questioning about the reasons for non-delivery of the drug through administrative via; and, finally, the attention not to turn the judiciary into a mere production factor of the pharmaceutical industry, contributing to the cartelization of the right to health
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The conceptions of the judicial function, the process and the factors of legitimacy of the norm of decision are changed according to the model of State (liberal, social democratic and constitutional). The right of access to justice, likewise, follows the ideals present in constitutional movements experienced in different historical moments. The deficit of legitimacy of the judiciary is recurring subject of study in the doctrine, especially in the face of democratic standards that permeate the current paradigm of state. Under the process law, the essential element for the distinction of the states based on the rule of law (formal and material) and the democratic constitutional state lies in the democratic guarantee of participation to the litigants in the process of elaborating the norm of decision. The concern about the participatory democracy and the concretion of fundamental rights has as presupposition the conception of popular sovereignty. Keeping this effort in mind, the civil procedure cannot be oblivious to such considerations, especially when it justifies its constitutional conformation from the institutionalization of discourse within the procedural field (democratic principle) and of the democratization of access to justice, leading to the necessary contestation of the theory of instrumentality of the process. The democratic prospects of civil procedure and the concern about the legitimacy of the rule of decision cannot be moved away from the analysis of the judicial function and the elements that influence the legal suit s progress. The computerization of the judicial process entails extensive modification in the way the judicial function is developed, in view of automation of activities held, of the eliminating of bureaucratic tasks, manual and repetitive, and of streamlining the procedure. The objective of this study is to analyze the dogmatic changes and resulting practices from the implementation of the Judicial Electronic Process (JEP), prepared by the National Council of Justice, under the parameters of procedural discourse and democratic access to justice. Two hypotheses are raised, which, based on a bibliographic-documentary, applied and exploratory research, are contested dialectically. The expansion of publicity of procedural acts and the facilitating of communication and practice of such acts are elements that contribute to the effective participation of the recipients of the norm of decision in its making process and, therefore, the democratic principle in the procedural field. Ensuring access (to the parts) to the case files and reasonable duration of the process along with the preservation of its founding principles (contradictory, legal defense and isonomy) are essential to ensure democratic access to justice within the virtual system
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During the ninth century, owing to the process of industrialization, new social conflicts were showed, forcing the Government not to remain inert. The necessity of answer to these new demands requires from the State some actions that assure the new economic, cultural and social rights, able to exceed the formal equality, according to the principles of redistributive equality and well-being. Among the social rights, the right to health is showed up, which is placed at the Universal Declaration of Human Rights and the International Treaty for the Economic, Social and Cultural Rights, as a necessary term to promote the dignity and the free development of the human personality. Under the Constitutional Law, it is clear that the implementation of the right to health, placed at the 6th article of the Brazilian Constitution, demands a government activity, which usually requires a provision of material goods, depending on budgetary resources. The Legislative and Executive Branches have a very important role in compliance with the constitutional regulations about the satisfactory offer of health care services, besides the correct use of the resources at this area. The adoption of public policies is the way of Government action to the planning and realization of this right. Though, some public policies are usually made apart from the social compromises, to the detriment of the basic social rights. The government has a discretionary competence to manage the health services. That is the reason it is necessary the control of the political choices, through the popular control, the extrajudicial control by the Account Courts, or the judicial review. Owed to the constitutionalization of social rights, the constitutional justice has a very relevant role, concerning to the constitutional jurisdiction, in a way the Judiciary Branch assume your position as a player that transforms the society. On the control of the public health policies, there is a cast of official instruments, judicial or not, to the guarantee of the collective right to the public health services, and to allow the citizens to reach the real implementation of the right to health