A conduta judicial ética teórica e aplicada contida em princípios e regras deontológicos abrangidos pelo sistema constitucional

Research on Legal Deontology dedicated to theoretical and applied ethics on judicial conduct grounded in legal principles and rules set out in the Constitution of the Federative Republic of Brazil and the Organic Law of the National Judiciary, also contemplating propositional instruments covered by the constitutional system, which conveys behavioural paradigms inserted in the Bangalore Principles of Judicial Conduct, in the Universal Statute of the Judge and in the Latin-American Code of Judicial Ethics, as well as highlight the influence of those instruments in the Brazilian Ethical Code of the Magistrates and in the official complementary training of judges in charge of Judiciary Schools. The study provides the theoretical influxes of moral norm, passing by behavioural social norm to consolidate the ideal standards of judicial conduct into legal standards and related instruments. The Legal Deontology directed to the ethical judicial conduct is confronted with the stereotype that society expressed in relation to the judge's person, who is the political agent that interprets the law for making decisions which directly influences the realization of access to justice, that is constitutionally guaranteed to all. Core values inserted in the constitutional system intended to discipline the judicial conduct are presented and analysed under a critical view, since they are enclosed in prescriptive language that conveys behavioural aspects open to interpretation and which compliance is revealed as a proposition focused on promoting a better solution of interest’s conflicts under the responsibility of those who constitute the distinctive corporation of the Judiciary. The theme’s contextualization also focuses on applied ethics, based on the approach of normative and propositional instruments of deontological content, still focusing on the study of real cases examined by the Brazilian National Council of Justice, as part of its correctional goals.

Advanced functionality for radio analysis in the Offline software framework of the Pierre Auger Observatory.

The advent of the Auger Engineering Radio Array (AERA) necessitates the development of a powerful framework for the analysis of radio measurements of cosmic ray air showers. As AERA performs "radio-hybrid" measurements of air shower radio emission in coincidence with the surface particle detectors and fluorescence telescopes of the Pierre Auger Observatory, the radio analysis functionality had to be incorporated in the existing hybrid analysis solutions for fluorescence and surface detector data. This goal has been achieved in a natural way by extending the existing Auger Offline software framework with radio functionality. In this article, we lay out the design, highlights and features of the radio extension implemented in the Auger Offline framework. Its functionality has achieved a high degree of sophistication and offers advanced features such as vectorial reconstruction of the electric field, advanced signal processing algorithms, a transparent and efficient handling of FFTs, a very detailed simulation of detector effects, and the read-in of multiple data formats including data from various radio simulation codes. The source code of this radio functionality can be made available to interested parties on request. (C) 2011 Elsevier B.V. All rights reserved.

Medical Assistance in Dying in Canada: An Ethical Analysis of Conscientious and Religious Objections

Article

Medical Assistance in Dying in Canada: An Ethical Analysis of Conscientious and Religious Objections

Article

L'intégration des principes de la procédure applicables aux modes de prévention et de règlement des différends dans le nouveau "Code de procédure civile"- les effets envisagés sur l'accès à la justice civile au Québec

La problématique liée au manque d’accès à la justice se pose dans toutes les régions du monde. Afin de résoudre celle-ci, l’Assemblée nationale du Québec a adopté, le 20 février 2014, le projet de loi 28, Loi instituant le nouveau Code de procédure civile, 1e sess, 40e lég. À cet égard, la disposition préliminaire indique que le nouveau Code de procédure civile (ci-après : « NCPC »), qui régit dorénavant la procédure applicable aux modes de prévention et de règlement des différends (ci-après : « modes de PRD »), vise à « assurer l’accessibilité, la qualité et la célérité de la justice civile […] ». Au-delà de ces mots, qui ont une grande valeur interprétative, ce mémoire analyse dans quelle mesure l’intégration des principes de la procédure applicables aux modes de PRD dans le NCPC est réellement susceptible d’améliorer l’accessibilité de la justice civile au Québec.

Estudo comparativo entre o código deontológico português de Medicina Dentária e o código de ética odontológico brasileiro

A Medicina Dentária é uma área da medicina em que os profissionais podem realizar procedimentos cirúrgicos invasivos e prescrever formulações farmacológicas de maneira autónoma, a partir de diagnósticos realizados por eles próprios. O exercício das atividades médicas deve ser pautado em princípios éticos, legais e na compreensão da realidade social, económica e cultural do local onde exercem os profissionais. Para tanto, o estudo dos Códigos Deontológicos e dos Códigos de Ética e Deontológicos são importantes instrumentos na busca por este paradigma de conduta. O Objetivo deste trabalho de pesquisa pretende comparar o Código Deontológico de Medicina Dentária em Portugal com o Código de Ética Odontológica Brasileiro, buscando diferenças e semelhanças. Realizou-se uma revisão bibliográfica do Código Deontológico Português e do Código de Ética Odontológica Brasileiro, utilizando-se dos próprios códigos, livros e artigos pertinentes ao estudo. Pode-se verificar que ambos os códigos são Completos. O Código Deontológico Português é complementado por Regulamentos internos da Ordem dos Médicos Dentistas. Existem temas específicos no Código Brasileiro que não estão presente no Código Português.

Corporate governance and cost of capital: evidence from Pakistani listed firms

This thesis investigates the effectiveness of Corporate Governance (CG) reforms in Pakistan. Using a sample of 160 Pakistani firms from 2003 to 2013 and governance data collected manually from the annual reports, this thesis investigates seven closely related and important corporate issues that are related to the compliance of governance rules. Specifically, it aims to : (i) investigate the degree of CG compliance with 2002 Pakistani Code of CG (PCCG); (ii) determine whether the introduction of 2002 PCCG has improved Pakistani CG practices; (iii) investigate the determinants of CG compliance and disclosure for Pakistani listed firms; (iv) test the nexus between CG compliance with the 2002 PCCG and firms’ cost of capital (COC); (v) investigate the impact of different individual CG mechanisms on listed firms COC; (vi) examine how different ownership structures impact on firms’ COC; and (vii) analyse relationship between CG structures and Cost of Equity (COE) as well as Cost of Debt (COD) for Pakistani listed firms. These empirical investigations report some important results. First, the reported findings suggest that Pakistani firms have responded positively to governance disclosure requirements over the eleven year period from 2003 to 2013. The results also show that the introduction of the PCCG in 2002 has improved CG standards by Pakistani listed firms. Second, the reported results related to the determinants of CG compliance demonstrate that significant and positive association between institutional, government and foreign ownership with CG compliance. However, findings relating to the determinants of CG compliance show a negative and significant association between board size and block ownership with CG compliance and disclosure. The study finds no significant relationship between director ownership, audit firm size and the presence of female board members with the constructed Pakistan Corporate Governance Index (PCGI). Third, the investigation on the relationship between CG and COC report a significantly negative nexus between PCGI and firms’ COC. The investigation on the association between ownership structures and COC report a negative and significant nexus between block ownership with firms’ COC. Further, a number of robustness analyses performed in this study suggest that the empirical results reported in this study are generally robust to the alternative CG variables, alternative COC variables and potential endogeneity problems.

Espionage against Poland in the Documents and Analyses of the Polish Special Services (1944 - 1989) - as Illustrated by the Intelligence Activities of the USA

The text analyses the intelligence activity against Poland in the period 1944-1989. The paper also contains a case study, i.e. an analysis of the American intelligence service activity held against Poland. While examining the research thesis, the author used the documents and analyses prepared by the Ministry of Internal Affairs. In order to best illustrate the point, the author presented a number of cases of persons who spied for the USA, which was possible thanks to the analysis of the training materials of the Ministry of Internal Affairs directed to the officers of the Security Service and the Citizens’ Militia. The text tackles the following issues: (1) to what extent did the character of the socio-political system influence the number of persons convicted for espionage against Poland in the period under examination?, (2) what was the level of interest of the foreign intelligence services in Poland before the year 1990?, (3) is it possible to indicate the specificity of the U.S. intelligence activity against Poland? 1) The analysis of data indicates that the period 1946-1956 witnessed a great number of convictions for espionage, which is often associated with the peculiar political situation in Poland of that time. Up to 1953, the countries of the Eastern bloc had reproduced the Stalin’s system, which only ceased due to the death of Stalin himself. Since then, the communist systems gradually transformed into the system of nomenklatura. Irrespective of these changes, Poland still witnessed a wave of repressions, which resulted from the threats continuously looming over the communist authorities – combating the anti-communist underground movement, fighting with the Ukrainian Insurgent Army, the Polish government-in-exile, possible revisionism of borders, social discontent related to the socio-political reforms. Hence, a great number of convictions for espionage at that time could be ascribed to purely political sentences. Moreover, equally significant was the fact that the then judicial practice was preoccupied assessing negatively any contacts and relations with foreigners. This excessive number of convictions could ensue from other criminal-law provisions, which applied with respect to the crimes against the State, including espionage. What is also important is the fact that in the Stalin’s period the judiciary personnel acquired their skills and qualifications through intensive courses in law with the predominant spirit of the theory of evidence and law by Andrey Vyshinsky. Additionally, by the decree of 1944 the Penal Code of the Polish Armed Forces was introduced; the code envisaged the increase in the number of offences classified as penalised with death penalty, whereas the high treason was subject to the military jurisdiction (the civilians were prosecuted in military courts till 1955; the espionage, however, still stood under the military jurisdiction). In 1946, there was introduced the Decree on particularly dangerous crimes in the period of the State’s recovery, which was later called a Small Penal Code. 2) The interest that foreign intelligence services expressed in relation to Poland was similar to the one they had in all countries of Eastern and Central Europe. In the case of Poland, it should be noted that foreign intelligence services recruited Polish citizens who had previously stayed abroad and after WWII returned to their home country. The services also gathered information from Poles staying in immigrant camps (e.g. in FRG). The activity of the American intelligence service on the territory of FRG and West Berlin played a key role. The documents of the Ministry of Internal Affairs pointed to the global range of this activity, e.g. through the recruitment of Polish sailors in the ports of the Netherlands, Japan, etc. In line with the development in the 1970s, espionage, which had so far concentrated on the defence and strategic sectors, became focused on science and technology of the People’s Republic of Poland. The acquisition of collaborators in academic circles was much easier, as PRL opened to academic exchange. Due to the system of visas, the process of candidate selection for intelligence services (e.g. the American) began in embassies. In the 1980s, the activity of the foreign intelligence services concentrated on the specific political situation in Poland, i.e. the growing significance of the “Solidarity” social movement. 3) The specificity of the American intelligence activity against Poland was related to the composition of the residency staff, which was the largest in comparison to other Western countries. The wide range of these activities can be proved by the quantitative data of convictions for espionage in the years 1944-1984 (however, one has to bear in mind the factors mentioned earlier in the text, which led to the misinterpretation of these data). Analysing the data and the documents prepared by the Ministry of Internal Affairs, one should treat them with caution, as, frequently, the Polish counter-intelligence service used to classify the ordinary diplomatic practice and any contacts with foreigners as espionage threats. It is clearly visible in the language of the training materials concerned with “secret service methods of the intelligence activity” as well as in the documents on operational activities of the Security Service in relation to foreigners. The level of interest the USA had in Poland was mirrored in the classification of diplomatic posts, according to which Warsaw occupied the second place (the so-called Group “B”) on the three-point scale. The CIA experienced spectacular defeats during their activity in Poland: supporting the Polish underground anti-communist organisation Freedom and Independence and the so-called Munich-Berg episode (both cases took place in the 1950s). The text focuses only on selected issues related to the espionage activities against Poland. Similarly, the analysis of the problem has been based on selected sources, which has limited the research scope - however, it was not the aim of the author to present the espionage activity against Poland in a comprehensive way. In order to assess the real threat posed by the espionage activity, one should analyse the case of persons convicted for espionage in the period 1944-1989, as the available quantitative data, mentioned in the text, cannot constitute an explicit benchmark for the scale of espionage activity. The inaccuracies in the interpretation of data and variables, which can affect the evaluation of this phenomenon, have been pointed out in the text.

Beneath the surface of the heritage enterprise. Governmentality and cultural representation of rural architecture in Portugal

This article focuses on the construction of heritage in rural Portugal. Drawing on anthropological fieldwork in the village of Castelo Rodrigo, it analyses the extensive protection and exhibition of domestic architecture in the framework of a State-led local development programme. By bringing in the messiness of daily practices, the article goes beyond neat theoretical formulations in the study of heritage such as Foucault’s theory of “governmentality” and Kirshenblatt-Gimblett’s notion of “second life as heritage”. It argues that the “conduct of conduct” is actually nowhere near as effective as its theoretical formulation might have us believe, and the second life as heritage suffocates the first life of houses as social habitats for the village population.

La subrogation légale de l’assureur en vertu du Code civil : historique, développements et aspects procéduraux

En assurance de dommages, l’article 2474 C.c.Q. prévoit la possibilité pour l’assureur d’être légalement subrogé dans les droits de l’assuré contre l’auteur du préjudice, à concurrence des indemnités qu’il a payées. L’assureur ne pourra jamais être subrogé contre les personnes faisant partie de la maison de l’assuré. Dans un premier temps, le présent mémoire fait un survol historique du droit à la subrogation de l’assureur en vertu du Code civil. Depuis la codification de 1865, les principes relatifs à la subrogation de l’assureur ne sont pas demeurés statiques. Ils firent l’objet de plusieurs modifications législatives et de nombreuses controverses et développements jurisprudentiels. Dans un deuxième temps, un portrait global de l’état actuel du droit est dressé en ce qui concerne l’article 2474 C.c.Q., tant sur le plan des composantes du droit à la subrogation que de ses aspects procéduraux.

La subrogation légale de l’assureur en vertu du Code civil : historique, développements et aspects procéduraux

En assurance de dommages, l’article 2474 C.c.Q. prévoit la possibilité pour l’assureur d’être légalement subrogé dans les droits de l’assuré contre l’auteur du préjudice, à concurrence des indemnités qu’il a payées. L’assureur ne pourra jamais être subrogé contre les personnes faisant partie de la maison de l’assuré. Dans un premier temps, le présent mémoire fait un survol historique du droit à la subrogation de l’assureur en vertu du Code civil. Depuis la codification de 1865, les principes relatifs à la subrogation de l’assureur ne sont pas demeurés statiques. Ils firent l’objet de plusieurs modifications législatives et de nombreuses controverses et développements jurisprudentiels. Dans un deuxième temps, un portrait global de l’état actuel du droit est dressé en ce qui concerne l’article 2474 C.c.Q., tant sur le plan des composantes du droit à la subrogation que de ses aspects procéduraux.

1979 Annual Report of the Iowa Board of Medical Examiners, January 16, 1980

This report is submitted in compliance with 258A.4(2)of the Code of Iowa.

1980 Annual Report of the Iowa Board of Medical Examiners, January 1, 1981

This report is submitted in compliance with 258A.4(2)of the Code of Iowa.

1981 Annual Report of the Iowa Board of Medical Examiners, January 29, 1982

This report is submitted in compliance with 258A.4(2)of the Code of Iowa.

1982 Annual Report of the Iowa Board of Medical Examiners, January 10, 1983

This report is submitted in compliance with 258A.4(2)of the Code of Iowa.