A Constitucionalidade do decreto de licitações da Petrobrás à luz dos princípios da legalidade e da eficiência

PETROBRAS, a Brazilian oil company, follows principles of public administration and from the Constitutional Amendment 9/95 in Brazil began to compete with other companies with the flexibility of the oil monopoly. In this new model started to use the simplified procedure for bidding so that could compete on equal terms. The ordinance that adopted a simplified procedure for bidding has been the subject of some criticism and lawsuits especially under the Court of Audit and the Supreme Court in Brazil. The analysis of their constitutionality, and the possibility of their use by other group companies is the theme of this work, and for this purpose, permeates through the notions of judicial review in the Brazilian law on the stage of law and economics analysis of the norm, and the principles applicable to PETROBRAS and the devices most frequently asked about the implementation of 2745/98 Decree. For this, the basic issue that should be investigated further is the regulatory power of the Federal Executive and the delegation of powers within the legislature and its conformation to the constitutional regency

A objetivação do controle concreto de constitucionalidade nas decisões do Supremo Tribunal Federal

The independence of the United States and the revolutions that emerged in Europe in the eighteenth century led to the birth of the written constitution, with a mission to limit the power of the State and to ensure fundamental rights to citizens. Thus, the Constitution has become the norm and ultimate founding of the State. Because of this superiority felt the need to protect her, emerging from that constitutional jurisdiction, taking control of constitutionality of provisions his main instrument. In Brazil, the constitutionality control began with the Constitution of 1891, when "imported" the American model, which is named after incidental diffuse model of judicial review. Indeed, allowed that any judge or court could declare the unconstitutionality of the law or normative act in a concrete case. However, the Brazilian Constituent did not bring the U.S. Institute of stare decisis, by which the precedents of higher courts eventually link the below. Because of this lack, each tribunal Brazilian freely decide about the constitutionality of a rule, so that the decision took effect only between the parties to the dispute. This prompted the emergence of conflicting decisions between judicantes organs, which ultimately undermine legal certainty and the image of the judiciary. As a solution to the problem, was incorporated from the 1934 Constitution to rule that the Senate would suspend the law declared unconstitutional by the Supreme Court. With the introduction of abstract control of constitutionality, since 1965, the Supreme Court went on to also have the power to declare the invalidity of the provision unconstitutional, effectively against all without the need for the participation of the Senate. However, it remained the view that in case the Supreme Court declared the unconstitutionality of the fuzzy control law by the Senate would continue with the competence to suspend the law unconstitutional, thus the decision of the Praetorium Exalted restricted parties. The 1988 Constitution strengthened the abstract control expanding legitimized the Declaratory Action of Unconstitutionality and creating new mechanisms of abstract control. Adding to this, the Constitutional Amendment. No. 45/2004 brought the requirement of general repercussion and created the Office of Binding Precedent, both to be applied by the Supreme Court judgments in individual cases, thus causing an approximation between the control abstract and concrete constitutional. Saw themselves so that the Supreme Court, to be the guardian of the Constitution, its action should be directed to the trial of issues of public interest. In this new reality, it becomes more necessary the participation of the Senate to the law declared unconstitutional in fuzzy control by the Supreme Court can reach everyone, because such an interpretation has become obsolete. So, to adapt it to this reality, such a rule must be read in the sense that the Senate give publicity to the law declared unconstitutional by the Supreme Court, since mutated constitutional

O direito fundamental contra a autoincriminação: a análise a partir de uma teoria do Processo Penal Constitucional

The right against self-incrimination is a fundamental right that works in the criminal prosecution, and therefore deserves a study supported by the general theory of criminal procedure. The right has a vague origin, and despite the various historical accounts only arises when there is a criminal procedure structured that aims to limit the State´s duty-power to punish. The only system of criminal procedure experienced that reconciles with seal self-incrimination is the accusatory model. The inquisitorial model is based on the construction of a truth and obtaining the confession at any cost, and is therefore incompatible with the right in study. The consecration of the right arises with the importance that fundamental rights have come to occupy in the Democratic Constitutional States. In the Brazilian experience before 1988 was only possible to recognize that self-incrimination represented a procedural burden for accused persons. Despite thorough debate in the Constituent Assembly, the right remains consecrated in a textual formula that´s closer to the implementation made by the Supreme Court of the United States, known as "Miranda warnings", than the text of the Fifth Amendment to the U.S. Constitution that established originally the right against self-incrimination with a constitutional status. However, the imprecise text does not prevent the consecration of the principle as a fundamental right in Brazilian law. The right against self-incrimination is a right that should be observed in the Criminal Procedure and relates to several of his canons, such as the the presumption of not guilty, the accusatory model, the distribution of the burden of proof, and especially the right of defense. Because it a fundamental right, the prohibition of self-incrimination deserves a proper study to her constitutional nature. For the definition of protected persons is important to build a material concept of accused, which is different of the formal concept over who is denounced on the prosecution. In the objective area of protection, there are two objects of protection of the norm: the instinct of self-preservation of the subject and the ability to self-determination. Configuring essentially a evidence rule in criminal procedure, the analysis of the case should be based on standards set previously to indicate respect for the right. These standard include the right to information of the accused, the right to counsel and respect the voluntary participation. The study of violations cases, concentrated on the element of voluntariness, starting from the definition of what is or is not a coercion violative of self-determination. The right faces new challenges that deserve attention, especially the fight against terrorism and organized crime that force the development of tools, resources and technologies about proves, methods increasingly invasive and hidden, and allow the use of information not only for criminal prosecution, but also for the establishment of an intelligence strategy in the development of national and public security

A alteração do tipo penal de adulteração de combustíveis: reflexo da constitucionalização do direito penal no mercado de combustíveis

The neoconstitutionalism led to a process of ethical revaluation of the normative systems and the process of constitutionalization of the many fields of law. This study examines the consequences of this process in criminal law, so important a Law field for the protection of the most valuable assets by the society, including the fundamental guarantees, thus emphasizing the necessity of protection of the collective and individual rights, which are guided by the observance of the defendants individual rights in the course of criminal proceedings and the search for the best efficiency of penal protection, according to the corollaries of defense against the state (prohibition of the excess or Übermassverbot) and the provision of rights by the state (prohibition of insufficient protection or Untermassverbot). The offense of fuel adulteration is taken as an object of study, since it is a vital market to a nation dependent of people and good s movement for their living, driven by fossil and biofuels. Such a crime affects essential legal interests to the development of society, interests such as the environment, consumer relations and economic order, particularly the principle of free competition. This paper seeks to analyze the need of a greater efficiency of this particular criminal protection, once concluded the conduct harm and social fear as a consequence by it as growing, and therefore having its former crime type, engraved in Article 1 of Law No. 8.176/1991, rewritten in compliance with the criminal law s principle of legality. Thus, the reformation proposals and legislative creation involving this crime were observed, with emphasis on the bill No. 2498/2003, which keeps it as blank heterogeneous criminal norm, kind of penal normative whose constitutionality is raised, including the forethought of criminal responsibility in the perpetrating of the offense as culpable and subsequently increasing the applicable minimum penalty, as well as the inclusion of new activities in the typical nucleus

Regulação do livre acesso no transporte de gás natural à luz da ordem econômica da Constituição de 1988

In the middle of modern social changes produced by globalization and capitalism, several markets have changed. States have left the direct coordination of these markets (chiefly public utility sector in the form of monopolies), introducing regulation in order to promote competition. These changes have affected natural gas industry by promoting competition as a key factor to the development and the increase of firms in this market. The regulatory reform of natural gas industry ocurred in EUA and Europe Union and it has produced its first results. In Brazilian context, Constitutional Amendment nbr. 09 and Federal Law nbr. 9.478/97 ( Petroleum Law ) opened the natural gas market to a broad range of private economic agents and they finished the monopoly over the industry before managed by Petrobras. The new regulatory framework of Brazilian natural gas industry has designed competition as a central element to the new form of managment of business and contractual relationships of this industry. Among the regulatory instruments, open access regulation in natural gas pipelines is directed to promote competition. The questions arised about its implementation in Brazilian context are studied in the present work, in which it is discussed the constitutional rules and principles are to be applied to the open access regulation within the theme of statal regulation of economy present in constitutional economic order

Carbon, nitrogen and phosphorus mineralization in two soils amended with distillery yeast

The possibility of using yeast from alcohol distilleries as a source of nutrients in soil was investigated. The following treatments were used: no fertilization (control), 0.5% (w/w) yeast, 1% (w/w) yeast, and NPK. The decomposition of yeast was monitored for 90 days in two soils. The CO, production and the microbial biomass were increased by art average of 1- to 3-fold by yeast incorporation compared to control. Protease activity also was enhanced 3- to 8-fold in the soils supplemented with yeast compared to control. The phosphatase activities were higher than control only during the first days. While nitrate contents increased in all treatments compared to control, available P only increased in the soils amended with 1%, yeast or NPK by 45-119% and 309-489%, respectively. These results indicate that there exists an excellent potential for the use of yeast in the soil as a source of nitrate and available P for plant nutrition. (C) 2003 Elsevier Ltd. All rights reserved.

WI-BIO: redes de monitoramento de pacientes em ambientes de automação hospitalar utilizando o padrão IEEE 802.11

The monitoring of patients performed in hospitals is usually done either in a manual or semiautomated way, where the members of the healthcare team must constantly visit the patients to ascertain the health condition in which they are. The adoption of this procedure, however, compromises the quality of the monitoring conducted since the shortage of physical and human resources in hospitals tends to overwhelm members of the healthcare team, preventing them from moving to patients with adequate frequency. Given this, many existing works in the literature specify alternatives aimed at improving this monitoring through the use of wireless networks. In these works, the network is only intended for data traffic generated by medical sensors and there is no possibility of it being allocated for the transmission of data from applications present in existing user stations in the hospital. However, in the case of hospital automation environments, this aspect is a negative point, considering that the data generated in such applications can be directly related to the patient monitoring conducted. Thus, this thesis defines Wi-Bio as a communication protocol aimed at the establishment of IEEE 802.11 networks for patient monitoring, capable of enabling the harmonious coexistence among the traffic generated by medical sensors and user stations. The formal specification and verification of Wi-Bio were made through the design and analysis of Petri net models. Its validation was performed through simulations with the Network Simulator 2 (NS2) tool. The simulations of NS2 were designed to portray a real patient monitoring environment corresponding to a floor of the nursing wards sector of the University Hospital Onofre Lopes (HUOL), located at Natal, Rio Grande do Norte. Moreover, in order to verify the feasibility of Wi-Bio in terms of wireless networks standards prevailing in the market, the testing scenario was also simulated under a perspective in which the network elements used the HCCA access mechanism described in the IEEE 802.11e amendment. The results confirmed the validity of the designed Petri nets and showed that Wi-Bio, in addition to presenting a superior performance compared to HCCA on most items analyzed, was also able to promote efficient integration between the data generated by medical sensors and user applications on the same wireless network

SAMVC sistema de autoria de museus virtuais colaborativos

The use of graphical objects three-dimensional (3D) multimedia applications is gaining more space in the media. Networks with high transmission rates, computers with large processing and graphics boost and popularize such three-dimensional applications. The areas of 3D applications ranging from military applications, entertainment applications geared up for education. Within the applications related to education, we highlight the applications that create virtual copies of cultural spaces such as museums. Through this copy, you can virtually visit a museum, see other users, communicate, exchange information on works, etc. Thereby allowing the visit museums physically distant remote users. A major problem of such virtual environments is its update. By dealing with various media (text, images, sounds, and 3D models), its subsequent handling and update on a virtual environment requires staff with specialized knowledge. Speaking of museums, they hardly have people on your team with this profile. Inside the GT-MV (Grupo de Trabalho de Museus Virtuais), funded by RNP (Rede Nacional de Ensino e Pesquisa) propose a portal for registration, amendment and seen collaborative virtual museums of Brazil. The update, be it related to work or physical space, a system with a national scale like this, would be impossible if done only by the project team. Within this scenario, we propose the modeling and implementation of a tool that allows editing of virtual spaces in an easy and intuitive as compared with available tools. Within the context of GT-MV, we apply the SAMVC (Sistema de Autoria de Museus Virtuais Colaborativos) to museums where curators build the museum from a 3D floor plan (2D). The system, from these twodimensional information, recreates the equivalent in three dimensions. With this, through little or no training, team members from each museum may be responsible for updating the system

Water-soluble nutrients in aerial plant parts of peanut and white oat as affected by lime and gypsum application

A calagem e a gessagem influenciam a disponibilidade e a absorção de nutrientes, podendo alterar a quantidade de ácidos orgânicos na parte aérea das culturas. Essas alterações, quantificadas por meio da análise de nutrientes solúveis em água, podem potencializar o efeito da correção do solo, garantindo a sustentabilidade do sistema de semeadura direta. Nesse sentido, objetivou-se avaliar o efeito da aplicação superficial de calcário e gesso no teor de nutientes solúveis em água nos resíduos vegetais das culturas de amendoim e aveia-branca. O experimento foi realizado em Latossolo Vermelho distroférrico em Botucatu (SP), nos anos agrícolas de 2004/2005 e 2005/2006. O delineamento experimental foi em blocos casualizados em esquema de parcelas subdivididas, com quatro repetições, em que as parcelas foram constituídas por doses de calcário, e as subparcelas, pela presença ou ausência da aplicação de gesso. Foi cultivado amendoim no verão e aveia-branca no inverno, em toda a área experimental. Na cultura do amendoim a aplicação de gesso elevou os teores de Ca solúvel em água apenas na primeira safra, em razão do curto período entre a aplicação do produto e a determinação dos teores de nutientes solúveis no extrato vegetal da cultura. A calagem realizada nas culturas de amendoim e aveia-branca elevou os teores solúveis de Ca, Mg, K e não alterou o teor de Cu e reduziu os teores de Zn, Mn e Fe nos dois anos de cultivo. Já a gessagem reduziu os valores da condutividade elétrica do amendoim (2004/2005 e 2005/2006) e da aveia-branca (2004/2005).

Avaliação de Percepção de periodontistas, protesistas, ortodontistas e leigos sobre parâmetros periodontais relacionados à estética do sorriso

The concept of facial esthetics has been increasingly diffused, being of interest to both the general public and the surgeon-dentists. However the difficult standardization and high variability in parameters aesthetic existing in the literature result in a huge difference of opinions between professionals and layperson. In this way, objective of this research was to evaluate the perception of periodontistas, protesistas, orthodontists and layperson about aesthetics smile. The sample included 30 periodontistas, 30 protesistas, 31 orthodontists and 37 layperson. The data collection was performed through an interview indirect, by the site, which had fifteen photos to be assessed by the participants. Each photograph was intentionally modified, with four increments 1mm for each amendment, in the program Adobe Photoshop CS2 version 9.0, adding-four aesthetic alterations: exposure gingival, recession gingival, absence of papilla and contour gingival. The smile for periodontistas, 3mm for orthodontists and laity and 4mm for protesistas. And changes in recession gingival, have undertaken the aesthetics of smiling from 2mm in accordance with the periodontistas and protesistas and 4mm for orthodontists and lay people. The end of the research was possible to conclude that the perception of periodontistas, protesistas, orthodontists and layperson are different in relation to aesthetics smile, and that among the changes in the research evaluated the papilla and recession have undertaken the aesthetics of smile

Atributos químicos, produção e qualidade do capim braquiária em solos corrigidos com calcário e escória silicatada

As pastagens constituem a base dos sistemas de produção de bovinos, o que evidencia sua importância e a necessidade de outras práticas de manejo que resultem em maior eficiência desses sistemas. Assim, este trabalho teve como objetivo avaliar os atributos químicos do solo (pH, Ca, Mg e H+Al), o potencial produtivo e a composição química do capim braquiária (Brachiaria decumbens Stapf) em solo corrigido com diferentes doses de calcário e escória silicatada. O experimento foi conduzido em ambiente protegido no período de 2006/2007, na UNESP de Ilha Solteira. Foram testadas cinco doses de calcário e escória silicatada, 0,0; 0,5; 1,0; 1,5; 2,0 vezes a dose recomendada. O delineamento experimental foi inteiramente casualizado, com quatro repetições. Avaliou-se a composição química do solo após incubação dos corretivos, o perfilhamento, a matéria seca, proteína, FDN (fibra em detergente neutro) e FDA (fibra em detergente ácido). Ambos os corretivos proporcionaram ao solo efeito positivo em relação ao pH e teores de cálcio e magnésio. As variáveis matéria seca e FDA não foram influenciadas significativamente pelos tipos e doses de corretivos.

Estabilidade de agregados de um latossolo vermelho degradado em recuperação com adubos verdes, calcário e gesso

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

Recuperação em área de empréstimo usada para construção de usina hidrelétrica

The recovery of native area used in hydroelectric power station construction is a slow process, and it requires the use of covering plant as a source of organic matter, application of nutrients and amendments as soil conditioner. Thus, this study has the objective to study the recovery of physical attribute of subsoil in a distrophic Red Latosol, used in the embankment and foundation of Hydroelectric Power Station, Ilha Solteira, São Paulo, Brazil. The design used was randomized blocks with eight treatments and four replications. The research started in 1992. The treatments consisted of green manure, pasture and soil amendment. After 13 years, total porosity, macroporosity, microporosity, bulk density, aggregate stability, resistance to penetration, organic matter of soil and dry matter of pasture production were evaluated. The adopted treatments are slowly contributing towards recovery of physical attributes of exposed subsoil. The effects of the soil recovery are reaching 0-0.10 m depth.

Revegetation and Soil Management Effects on Chemical Properties of a Saprolite Resulting from Deep Soil Removal

During the building of a hydroelectrical power plant at Ilha Solteira in the Parana River (Brazil), materials of a highly weathered soil Oxisol were extracted from a depth between 5 and 8 m for engineering works. This resulted in an abandoned depression area. The topsoil was not salvaged and the open pit was not backfilled, and as result vegetation hardly or not at all recovered. on the residual saprolite materials, an experimental field was established to assess different soil rehabilitation treatments. Field experiments were initiated in 1992. After soil tillage, two different crops and three different liming strategies were compared, giving six combinations. In addition, two uncropped control treatments, tilled and no-tilled, were established so that a total of eight treatments were assessed. The experimental design consisted of four randomized experimental blocks, which included a total of 32 plots with a plot area of 100 m(2). This experiment was used to study the effectiveness of the soil-reclamation treatments after a 9-year period. Soil samples were taken at three different depths (0-10, 10-20, and 20-40 cm), and they were analyzed routinely for pH, organic-matter content, and cation exchange capacity (CEC). Revegetation of the abandoned saprolite material increased soil organic-matter content and cation exchange capacity (CEC), and to some extent small differences between treatments were evidenced. Exchangeable calcium (Ca) and magnesium (Mg) recovered faster than organic-matter content. A significant linear relationship was found between organic-matter content and CEC, suggesting continued addition of organic material will further approach the value of these parameters to those levels corresponding to natural soils under "Cerrado" vegetation.

Constitucionalismo internacional: direitos humanos sob a ótica da globalização

The work presented here is the result of research on the issue of human rights in the face of conflicting issues such as the incorporation of international treaties, the sovereignty of states, globalization and multuculturalism. Specifically, we will investigate the origin of human rights, alongside his growing recognition, from the Revolutions until its completion in the Universal Declaration of Human Rights in 1948. The question, however, has become broader, when analyzed from the perspective of the internationalization of these rights as conditions and limits of democracy. Given the convergence on the reception of international treaties on human rights, we analyze a series of positions, including recent placements of the Supreme Court, and Constitutional Amendment n.45/2004. The study aims to review the classical concept of sovereignty, now within a new perspective based on the appearance of certain limitations of the state and a crisis in the face of the protection of human rights. We analyze the phenomenon of globalization in light of its complexity and its relation to sovereignty and human rights in pursuit of an expansion of democracy. The theme is consistent also with the line of contemporary constitutionalism, since their approach has a close connection with the issues of sovereignty and globalization, as well as a current relationship with the protection of human rights. The research aims to analyze the formation of a new society within a global vision of the constitutionalization of international law. It seeks to glimpse the invocacion model of foreign precedents and the possibility of dialogue betweem States as a way of protecting and enforcing the protection of human rights