837 resultados para court and administrative proceedings
Delegações legislativas e poder regulamentar: política e direito na administração pública brasileira
Resumo:
Esta tese objetiva analisar o fenômeno das delegações legislativas no Brasil, de forma a situar o princípio da indelegabilidade na interseção entre a ciência política descritiva e o Direito Administrativo. O trabalho está organizado em três partes. A primeira parte tem como foco a apresentação do debate sobre as delegações legislativas no conhecimento jurídico corrente, sua casuística e inconsistências. Inicia-se com o estudo do princípio da indelegabilidade legislativa, verificando suas origens e pressupostos, passando por seus corolários do Estado de Direito (rule of law), princípio democrático e separação de Poderes. Na sequência, será narrada a história da denominada nondelegation doctrine, desenvolvida nos EUA e que ensejou profícua discussão a merecer análise para o aprofundamento da questão no Brasil. Também serão objeto da Primeira Parte o exame da figura da lei delegada, prevista no art. 68 da Constituição, bem como das principais teorias sobre o poder regulamentar, verificando as suas espécies e características básicas. Por fim, será examinada a jurisprudência do Supremo Tribunal Federal, destacando-se as dificuldades de uma definição clara quanto aos limites jurídicos às delegações legislativas. Na segunda parte, as delegações legislativas serão apresentadas como uma das engrenagens da dinâmica política presidencialista, tendo em vista o chamado presidencialismo de coalizão suas críticas, resultados e impactos na democracia brasileira. A experiência dos EUA será, mais uma vez, levada em consideração. Serão abordadas as teorias de public choice e o modo como elas são usadas para aperfeiçoar o debate sobre delegações legislativas, tornando-o mais próximo da realidade, numa construção pragmática do próprio Direito Administrativo daquele país. Finalmente, na terceira parte, será apresentada uma proposta de abordagem para as delegações legislativas no Brasil. A meta é oferecer parâmetros interpretativos, os quais poderão contribuir para a redefinição dos limites do poder regulamentar, enquanto mecanismo de delegação legislativa em benefício e promoção dos valores constitucionais. Almeja-se um desenho de poder regulamentar compatível com uma Administração Pública que seja funcional e capaz de atingir suas finalidades, dentro do projeto democrático da Constituição de 1988. Isto para, ao final, propor critérios objetivos que possam, em conjunto, auxiliar o intérprete no exame de legitimidade das delegações.
Wheel-rail dynamics with closely conformal contact; Part 2: forced response, results and conclusions
Resumo:
An overview of the physics of the interaction between sound and flames is presented. The flame dynamics are investigated through experiment and computer modelling. The complementary rôles of wave analysis, low-order models for unsteady combustion, Computational Fluid Dynamics and experiment are illustrated by examples of oscillations in gas turbine combustors and in generic premixed ducted flames. The potential for 'antisound' and passive acoustic absorbers to eliminate the instability is also discussed.
Resumo:
A ball-on-flat reciprocating micro-tribometer has been used to measure the friction coefficient between aluminium alloy strip and a steel ball. A relatively small ball and correspondingly low contact load is used to give a contact width of the order of 100μm, closer to asperity contact widths than generally found for this type of test. The effects of load, initial strip surface roughness, lubricants and boundary additives are investigated. It is found that the friction coefficient is significantly reduced by the addition of a lubricant. Observations of the wear tracks and ball surface show that the material transfer from aluminium to the ball is reduced in the presence of the lubricant. The initial friction coefficient is further reduced by the addition of a boundary additive, but the friction coefficient after 8 cycles is unchanged. Copyright © 2004 by Springer Science+Business Media, Inc.
Resumo:
Technology roadmapping workshops are essentially a social mechanism for exploring, creating, shaping and implementing ideas. The front-end of a roadmapping session is based on brainstorming in order to tap into the group's diverse knowledge. The aim of this idea stimulation activity is to capture and share as many perspectives as possible across the full scope of the area of interest. The premise to such group brainstorming is that the sharing and exchange of ideas leads to cognitive stimulation resulting in a greater overall group idea generation performance in terms of the number, variety and originality of ideas. However, it must be recognized that the ideation stage in a roadmapping workshop is a complex psychosocial phenomenon with underlying cognitive and social processes. Thus, there are downsides to group interactions and these must be addressed in order to fully benefit from the power of a roadmapping workshop. This paper will highlight and discuss the key cognitive and social inhibitors involved. These include: production blocking, evaluation apprehension, free riding/social loafing, low norm setting/matching. Facilitation actions and process adjustments to counter such negative factors will be identified so as to provide a psychosocial basis for improving the running of roadmapping workshops. © 2009 PICMET.
Resumo:
To address future uncertainty within strategy and innovation, managers extrapolate past patterns and trends into the future. Several disciplines make use of lifecycles, often with a linear sequence of identified phases, to make predictions and address likely uncertainties. Often the aggregation of several cycles is then interpreted as a new cycle - such as product lifecycles into an industry lifecycle. However, frequently different lifecycle terms - technology, product, industry - are used interchangeably and without clear definition. Within the interdisciplinary context of technology management, this juxtaposition of dynamics can create confusion, rather than clarification. This paper explores some typical dynamics associated with technology-based industries, using illustrative examples from the automotive industry. A wide range of dimensions are seen to influence the path of a technology-based industry, and stakeholders need to consider the likely causality and synchronicity of these. Some curves can simply present the aggregation of components; other dynamics incur time lags, rather than being superimposed, but still have a significant impact. To optimise alignment of the important dimensions within any development, and for future strategy decisions, understanding these interactions will be critical. © 2011 IEEE.
Resumo:
Technological investment is an important driver of innovation and the evaluation of technology potential is becoming increasingly important in this context. Although there is a range of possible approaches and tools for understanding and communicating the value of technology to potential customers, not all are useful or accessible in practice, where the situation is often complex and constantly evolving. Although many companies have their own customised processes in place for securing approval for technology development, often combining several techniques, very few empirical studies have been performed to learn from these practices and provide an overall view of the process of ";selling"; technologies internally or externally. In this paper, the current literature and practice related to technology valuation is reviewed and summarised in a five step process for building a business case for technology investment that gives guidance on where and when to use specific valuation tools. The seller or proposer's perspective is taken and consultative sales techniques incorporated. This provides a flexible reference for R&D managers and adds to the body of literature on the selection and use of valuation tools. A user friendly guide has been published detailing the five step approach. © 2011 IEEE.
Semantic Discriminant mapping for classification and browsing of remote sensing textures and objects
Resumo:
We present a new approach based on Discriminant Analysis to map a high dimensional image feature space onto a subspace which has the following advantages: 1. each dimension corresponds to a semantic likelihood, 2. an efficient and simple multiclass classifier is proposed and 3. it is low dimensional. This mapping is learnt from a given set of labeled images with a class groundtruth. In the new space a classifier is naturally derived which performs as well as a linear SVM. We will show that projecting images in this new space provides a database browsing tool which is meaningful to the user. Results are presented on a remote sensing database with eight classes, made available online. The output semantic space is a low dimensional feature space which opens perspectives for other recognition tasks. © 2005 IEEE.
Resumo:
Shrimp culture in Bangladesh has emerged as an important aquaculture industry over the last three decades although its culture in greater parts of the farming area is done in traditional ways. In the meantime, the government of Bangladesh has taken necessary measures along with the private sectors to increase production, upgrade processing industries and to promote export performance. Long supply chain in raw material collection, inadequate infrastructure facilities, poor level of cool chain and lack of adequate HACCP-based training on hygiene and sanitation of different groups of people involved in the field level are the main problems of quality loss of raw materials. Shortage of raw materials results in poor capacity utilization of the processing plants. The growth of bagda (P. monodon) hatchery has expanded rapidly over the last few years, remaining mostly concentrated in Cox's Bazar region is enough to meet the target production. However, there is a shortage of pelleted shrimp feed in Bangladesh. A large number of export processors are now producing increasing amounts of value-added products such as individually quick-frozen, peeled and divined, butterfly cut shrimp, as well as cooked products. The export earnings from value added products is about half of the total export value. About 95% of total fish products are exported to European countries, USA and Japan and the remaining to the Southeast Asia and the Middle East. Most of the EU approved shrimp processing industries have been upgraded with laboratory facilities and provided HACCP training to their workers. As of now, HACCP is applied on the processing plants, but to ensure the quality of raw materials and to reduce risks, shrimp farms are also required to adopt HACCP plan. There is increased pressure time to time from importing countries for fish processors to establish effective quality assurance system in processing plants. Fish Inspection and Quality Control (FIQC) of the Department of Fisheries while having moderately equipped laboratories with chemical, bio-chemical and microbiological testing facilities and qualified technical personnel, the creation of facilities for testing of antibiotics is underway. FIQC mainly supervises quality aspects of the processing plants and has little or no control over raw material supply chains from farm to processing plants. Bangladesh export consignments sometimes face rejection due to reported poor quality of the products. Three types of barriers are reported for export of shrimp to EU countries. These are:(1) government participation in trade and restrictive practices (state aid, countervailing duties, state trading enterprises, government monopoly practices), customs and administrative entry procedures (anti-dumping duties, customs valuation, classification, formalities, rules of origin); (2) technical barriers to trade or TBT (technical regulations, standards, testing, certification arrangement); (3) specific limitations (quantitative restrictions, import licensing, embargoes, exchange control, discriminatory sourcing, export restraints, measures to regulate domestic prices, requirements concerning marking, labeling and packaging).
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The Transboundary Diagnosis Analysis(TDA) quantifies and ranks water-related environmental transboundary issues and their causes according to the severity of environmental and/or socio-economic impacts. The three main issues in BOBLME are; overexploitation of marine living resources; degradation of mangroves, coral reefs and seagrasses; pollution and water quality. Volume 2 contains background material that sets out the bio-physical and socio-economic characteristics of the BOBLME; an analysis of the legal,policy and administrative context; and an assessment of the status of marine living resources and marine environment in coastal areas
Resumo:
This paper presents the initial results of on-going research in the field of external Corporate Venture Capital (CVC) investments, i.e. equity investments of large corporations in entrepreneurial ventures which originated outside the corporation. The research is motivated by the fact that external CVC plays an increasingly important role within the strategy of corporations. Driven by a general trend towards a more open approach to innovation, companies see particular value in external corporate venturing as a tool to gain, for example, access to complementary technologies and a general window on technology developments. The review of literature in the field of external corporate venturing clearly reveals that theoretical gaps exist in understanding mechanisms for capturing value and measurements of this value. To help close these gaps, the research addresses the underlying question "How do corporations and start-ups capture and measure strategic value through external CVC investments" by using embedded, multiple case studies. Following an initial set of case studies, steps towards the development of a framework for capturing and measuring strategic value from CVC investments are outlined within this paper and the resulting preliminary framework is presented. The paper closes with an outlook on ongoing and future research steps. © 2009 PICMET.
Resumo:
This paper concerns the optimisation of casing grooves and the important influence of stall inception mechanism on groove performance. Installing casing grooves is a well known technique for improving the stable operating range of a compressor, but the wide-spread use of grooves is restricted by the loss of efficiency and flow capacity. In this paper, laboratory tests are used to examine the conditions under which casing treatment can be used to greatest effect. The use of a single casing groove was investigated in a recently published companion paper. The current work extends this to multiple-groove treatments and considers their performance in relation to stall inception mechanisms. Here it is shown that the stall margin gain from multiple grooves is less than the sum of the gains if the grooves were used individually. By contrast, the loss of efficiency is additive as the number of grooves increases. It is then shown that casing grooves give the greatest stall margin improvement when used in a compressor which exhibits spike-type stall inception, while modal activity before stall can dramatically reduce the effectiveness of the grooves. This finding highlights the importance of being able to predict the stall inception mechanism which might occur in a given compressor before and after grooves are added. Some published prediction techniques are therefore examined, but found wanting. Lastly, it is shown that casing grooves can, in some cases, be used to remove rotor blades and produce a more efficient, stable and light-weight rotor. © 2010 by ASME.
Resumo:
We present a video-based system which interactively captures the geometry of a 3D object in the form of a point cloud, then recognizes and registers known objects in this point cloud in a matter of seconds (fig. 1). In order to achieve interactive speed, we exploit both efficient inference algorithms and parallel computation, often on a GPU. The system can be broken down into two distinct phases: geometry capture, and object inference. We now discuss these in further detail. © 2011 IEEE.