A eficácia, no ordenamento jurídico brasileiro, da responsabilização penal da pessoa jurídica pela prática de crimes ambientais

The environment, which fundamental importance has already been recognized in all the world, is an actual national and international discussion subject, whose interest grows for the society, and consequently to the Law, in order to prevent the natural resources to the present and future generations. The 1988 Brazilian Constitution, recognizing the importance of the environment, treated about it in many of its parts, even dedicating a specific chapter (Chapter V About Environment, inserted in Title VIII About Social Order). The brazilian constitutional text established to everyone the fundamental right of enjoying an equilibrated environment, obligating the State and all society to defend and preserve the environment to the present and future generations. The economic growing process, that predominated and still persist in the big majority of the countries, where is practiced the capitalist system, has in the enterprises (legal persons) one of its main actors. Many times, these enterprises, especially in the actual globalized world in where we live, where the gain of money is priorized, ends, at the moment they act, making damages to the environment. These damages are, many times, considered by the law. crimes against the environment. The 1988 Brazilian Constitution, according to the Modern Criminal Law, realizing that many crimes were being committed by the enterprises, established in article 225, §3rd, the criminal responsibility of the legal persons. Almost ten years after the 1988 Brazilian Constitution, was published the Law number 9.605/98, in which third article established the penal responsibility of the legal persons that practice crimes against the environment, without excluding the individual responsibility

Animais não humanos: a construção da titularidade jurídica como novos sujeitos de direito

This work has the main goal on the recognition of the inherent value of nonhuman animals, under the constitutional framework. It is presented the main philosophical formulations of the current pattern of behavior that rules the relationship between man and animals: first those that have excluded animals from moral consideration and then the thinkers which do have included, in some way, in order to elucidate the origin of the anthropocentric thought over the natural world. In this way, the analysis these thinkers that have included animals in moral consideration will contribute to a paradigm change from the anthropocentric view, initiating legal debates. It will be made a simplified analysis of different philosophical and legal points of view that have been demonstrating the posture in which the human beings have been dealing with the environment, with the replacement of the anthropocentric thinking for the biocentric view, in which life becomes the center of existence. Life is life, no matter whether it is human or not, has a value in itself, and must be protected and respected by the legal system. Then, it will be analized the constitutionalization of the nonhuman animal dignity in comparative law; the infraconstitutional legislation which concerning the intrinsic value of all life forms and, finally, the 1988 Constitution. It will be advocated for non-human animals the condition of subjects, presenting some cases that the Habeas Corpus was used in animal defense. In this new Brazilian Habeas Corpus theory of for apes the argument of genetic proximity was used in order to overcome the literal meaning of natural person to achieve hominids in order to assure the fundamental right of physical freedom. It is realized that the fact that the great apes being recognized as a person does not preclude the possibility of other living beings be recognized as subjects of law. In this way, animals can be considered non-human subjects of law, according to the theory of depersonalized entities and may enjoy a legal category that allows a respect for existential minimum, and can hold constitutional fundamental rights

Análise do processo judicial eletrônico (PJe) sob os parâmetros da discursividade processual e do acesso democrático à justiça

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

Democracia participativa e regulação econômica: uma questão de legitimidade

This work presents an analysis about the legitimation of independent regulatory commission`s rulemaking power by participation procedure. It is observed that political and administrative decentralization and fragmentation of State, with the purpose of approaching citizens and provide, more efficiently, the functions acquired by the passage of the Welfare State, leads to a deficit of legitimacy (democratic crisis), which is noticeable in the making of legal norms by directors of independent regulatory commission to regulate specific economic sector. However, we understand that this crisis stems from the observation of the contemporary world from dogmas and legal institutions of the eighteenth century, without their evolution and adaptation to the modern world. The legitimacy must be perceived as the justification of power, relation command /obedience, which, from the Modern State, has the democracy as standard. Therefore, just as the world has evolved and demanded political and administrative decentralization to accompany him, it is necessary to the development of the idea of representative democracy (formal legitimacy) to participatory democracy (legitimacy stuff). Legitimacy is not confused with the legality: as the legality is on observance to internal legal system, the "rules of play"; legitimacy, as inputs to be fed into this system, the selection of the different expectations in the environment. Nevertheless, the legitimacy will take place by legality, through introduction of rational and communicative procedures: procedures get fundamental importance because these will be the means to select the expectations to be introduced in the legal system in order to make decisions more fair, rational and qualified towards society. Thus, it is necessary to its opening to the environment for dialogue with the government. In this context, we try to make an analysis of constitutional norms based on systematic and teleological interpretation of these norms to build these arguments. According to the Constitution of 1988, participatory democracy is a result of the democratic principle (sole paragraph of art. 1 of the Constitution), and it is an expression of citizenship and political pluralism, both foundations of Republic (respectively Art. 1st, inc . V and II of the Constitution), as well as the national consciousness. From another point of view, that principle consists of an evolution in the management public affairs (principle of Republic). The right of interested participate in the rulemaking process derives both the principle of popular participation (part of the democratic principle) and the republican principle as the due process constitutional (art. 5, LIV and LV, CF/88) and the right to petition (Art . 5 °, inc. XXXIV, "a", CF/88), and it is the duty of the State not only be open to participation and encourage it. Ignoring stakeholder involvement in procedures and / or expressions compiled can be causes of invalidation of the rule of law produced by addiction of procedure, motive, motivation and/or because of the administrative act. Finally, we conclude that the involvement of stakeholders in the process of making rules within the independent regulatory commission is the legitimacy and the validity of rules; and that, despite of the expressions do not bind the decision making, they will enter the system as juridical fact, balancing the field of technical discretionary of agencies

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

O currículo escolar: uma análise na perspectiva da inclusão de alunos com deficiência intelectual

A mid the many transformations and advances that the contemporary society is going through, the right to education is a topic that does not end and becomes increasingly present, given the urgency of including students with disabilities in education. Given this new reality, schools are challenged to receive them with quality, and implement actions that promote favorable conditions for their development at school. Accordingly, it is fundamental the organizational restructuring of education to meet the specific needs of students. Thus, it is imperative that educational institutions defining the type of person who intend to form and the society proposing to build. These are aspects that precede any question, since the knowledge covered in the curriculum will contribute directly to the creation of human beings are involved there. Based on this theme, this assignment reports aspects of a survey of a local public school, located in Natal/RN, which deals with the analysis of the curriculum and its implementation in teaching practice in the classroom, before the inclusion of students with disabilities intellectual. Thus, to undertake a study of case with five professionals at school, involving documentary analysis and observation of the curriculum of the pedagogical practice of teachers in the classroom, as well as conducting an interview with all stakeholders. To this end, the data analyzed shows that, although the right of citizens with disabilities is guaranteed by constitutional law, the school, locus of this study, have not realized the extent of conquest. Does not recognize the fact of being in school and learn together with others is also a right of persons with disabilities. Thus, while your resume is to present a progressive vision, believed to be open, concerned with the selection and organization of content, with flexibility in defining the goals, with the search for diversification of the procedures adopted, as well as the planning activities teaching and learning based on the level of student learning, this is not effective in teaching practice, either through ignorance of the guidelines defined either by lack of knowledge about the proposal and an inclusive curriculum can provide answers to all educational students, including those with intellectual disability

Cidadania ambiental em centros urbanos : um estudo com estudantes do ensino superior

This work presents a study of the ambient management in urban centers, considering the ambient perception as element necessary to develop in the population the conscience of the necessity to preserve the environment. For this, the attitudes and behaviors of the community, represented for students of an Institution had been evaluated, so that strategies and actions are traced that come to minimize the ambient degradation and to provide an aggregate sustainable development to the economic development. The objective of this research consists of studying the problematic one of the ambient management in urban centers under the point of view of the awareness, of the ambient perception and of the participation of the population, this because the ambient questions are inserted in the aspects that involve the practical life and the daily one, for what becomes excellent to understand that the environment is a right of all, therefore, must be preserved. The methodology used in this work constitutes in the application of a questionnaire with scales of the type likert contends variables that compose the acts and mannering aspects, beyond a partner-demographic scale. The Chi-square method was used in the analysis statistics de Pearson to verify the dependence of the associations between the partner-demographic 0 variable and the acts and mannering variables. The results point that the academic environment is opportune to deal with the subject, in view of that the ambient preservation goes for all the contents, and that the pupils of today will be able, in the future, in its areas of performance to plan action to safeguard the sustainable development. One concludes that the strategies to manage the environment pass for the awareness of the citizen, therefore when it is educated its attitudes will be more responsible, a time that the ambient concern will be present in its day-by-day. Therefore, the Public Power when planning programs of ambient preservation that comes to promote changes of habits of the population, such as: management of the solid residues generated by the population, recycling, programs of selective collections, ambient education, etc. the local community for the success of its actions will have to be involved

Infâncias :o lugar do lúdico nas tramas do trabalho infantil

Considering infancy as the socio-historic construction required from the researcher, not only gives problems to the natural character of the human development, that for a long period in the history of psychology has sown to be predominant, but before anything assumes the position in which the vision of the social condition, i.e., for the contexts of the insertion of the human being, is predominant. In this sense, it is not possible to talk about infancy in the singular, once the different developmental contexts enable different forms of immersion in the daily experiences, amongst which this research focuses on the experience of the ludic. According to various theories of development amongst which we emphasize the socio-historic, this element brings important contributions in the processes of the human being constitution. From the legal aspect this recognition is present in the Code of Practice of the Child and Adolescent which considers playing to be a right of the child. However, the childhood of many children have this aspect affected by many factors. It is in the context of this discussion that we developed this research which has as its objective investigate how children in a working environment experience playing on a daily basis. Four children, girls, took part in this research, who develop activities in the process of the usage of cashew nuts. We used interviews, observations, photographs and drawings. The perspective of analysis which guided this task is based on socio-historic and discursive studies. In this way, the elements which constitute the child s discourse, formed from the corpus were: be a child, the ludic culture, the work in the child s life and the perspective of future and change. The participants discourse showed to be conflicting, contradictory, arisen from a specific ideological formation. In the children s daily routine it was possible to verify that there is an existence of a rich ludic culture, even if it is lived in few moments of the day in consequence of the workload

Turismo, capital social e produção do espaço: uma leitura a partir do município de Natal/RN no período de 1980 a 2012

Nowadays, there is a tourism phase in the city of Natal/RN called internationalization of tourism , which shows a tourism model with a planning and an administration, based on the needs of the visitors. Such process shows that the production as well as the reproduction of the city spaces with the goal of favor tourism excludes of its composition the effective participation of local subjects. Thus, the research is a result of the perception of tourism as an activity with a meaningful power of transformation of the social and natural space taking into account the low participation of the residents in the decisions of the tourism activities in the city of Natal/RN. Despite that reality, it is possible to note Natal that civil society, starts to mobilize its citizens trying to develop collective actions to low the negative impacts caused by the bad planning as wells not efficient tourism administration, trying to put in action the right of the local population to take part in the decisions of the city activities. Having this panorama as background, this paper aims at investigating in which way the mobilizing action of the social capital in Natal has contributed to change the spatial production which is part of the process of expansion of tourism in Natal/RN? The research presents a temporal picture which starts in the year of 1980, when occurs the first effective state intervention aiming to develop tourism in the capital, taking into account an analysis of 2012. Concerning the spatial picture, the research investigates the beaches of Natal which concentrates criteria and actions such as: visitation, tourism appeal and focus of investments, highlighting the following beaches: Ponta Negra, Areia Preta, Praia dos Artistas, Praia do Meio, Praia do Forte and Redinha. This study is of a descriptive and exploratory nature concerning its goals. With respect to the treatment of its object it is a qualitative research. The data was collected through structural interviews, with open questions. Regarding the methodological choices, it was used the content analysis proposed as well as the collective discursive subject methodology. The results show that there´s not yet in Natal a meaningful social capital related to tourism, capable to change the spatial production related to the activity. It should be stressed that Natal social capital presents difficulties concerning the incentive to trust, spontaneous cooperation and the civic participation, which are the foundation for the development of an effective social capital, which makes it harder for a more expressive articulation in the reality in Natal/RN. It should be stressed, as an answer to the research questions, that tourism in Natal/RN is represented by social and spatial segregation. In other words it emphasizes mainly the action of hegemonic agents (State and market), leaving little room for the participation of society. It can be noticed that the actions related to tourism in Natal keeps the popular participation out of the way. Thus, it can be said that the social capital in Natal/RN does not yet contribute to a more fair spatial production related to the expansion of the tourism as well as the well being of the population of Natal/RN. In conclusion, it should be taken into account that this participation do exists but not in a meaningful way. In other words, it´s not enough yet to cause meaningful changes in the actions which tourism needs nowadays in Natal/RN

A residência secundária e uso do espaço público no litoral oriental potiguar

Considering that tourism tends to reproduce itself privatizing the areas where it installs, the secondary residence has been an urban element responsible for the private appropriation of the public spaces of coastal of Nísia Floresta. The private appropriation of these accesses, for secondary residences, constitute in an issue-problem of the research. The principal goal is to analyze the relationship of the consumers/users of secondary residences with the public space; and, specifically, identify how the government has been acting and manifesting itself about the occupation of the coastal of Nísia Floresta; as also to verify how the secondary residence has been appropriating privately of the public access of the coastal. On account of the scarce literature about secondary residences and the importance of the public access to beaches for the inhabitant, the present work aims to contribute to the discussion of this theme. The secondary residences in Rio Grande do Norte began in the late nineteenth century, becoming more common in the 90s, when the coast south of Natal is appropriated from local vacationers. In 2000, foreign investment began to be applied in real state and tourism, producing closed developments, served in leisure infrastructure, trade, and hospitality, mainly to external demands. The methodology included a bibliographic survey, data collection and in lócus observation. Applied questionnaires and interviews were performed with consumers/users of the secondary residences, permanent residents and government, respectively. To the legal grounding, taken as a reference the article. 10, of the law 7.661/88 to establish that the beaches are goods of common use . Considering the conclusive analysis of the research, can be said that the right of free access and use of the beach is committed for the benefit of the consumers/users of secondary residences, due to the negligence and omission of the government

Reserva extrativista do Rio Cajari: verso e reverso da territorialização no sul do Amapá

The creation of Extractive Reserves (RESEX s) emerges from the resistence movement of the forest people and represents an alternative administration of the naturel resources in the from of Conservation Units (UC). From the institutional point of view the RESEX s are UC s of direct use belong of the Brazilian State, which concedes the right of use to resident families through a legal concession, uhich in based an the principle of coadministration between state and community. The use of these areas is based on the paradigm of sustainable development. In the Extractive Reserve of Rio Cajari over time there has been an experience of confliting interests between the big capital and the local population, which led to noticiable changes of lifestyle of the rural extrativist. In this sense the essay Extractive Reserve of Rio Cajari: various aspects of land use and awnership in southem Amapa , wants to analyse the nuances in which the land grabbing happened and how it affected the day to day of life its in habitants

O uso do pneumoperitônio progressivo no pré-operatório das hérnias volumosas da parede abdominal

Context - Correction of voluminous hernias and large abdominal wall defects is a big challenge in surgical practice due to technical difficulties and the high incidence of respiratory and cardiovascular complications. Objectives - To present the authors experience with inducing progressive pneumoperitoneum preoperative to surgical treatment of voluminous hernias of the abdominal wall. Methods - Retrospective study of six patients who presented voluminous hernias of the abdominal wall and were operated after installation of a pneumoperitoneum. The procedure was performed by placing a catheter in the abdominal cavity at the level of the left hypochondrium with ambient air insufflation for 10 to 15 days. Results - Four of the six patients were female and two male. Ages ranged from 42 to 62 years. Hernia duration varied from 5 to 40 years. Four patients had incisional, one umbilical, and one inguinal hernias. Mean pneumoperitoneum time was 11.6 days. There were no complications related to pneumoperitoneum installation and maintenance. All hernias were corrected without technical difficulties. The Lichtenstein technique was used to correct the inguinal hernia, peritoneal aponeurotic transposition for one of the incisional hernias, with the rest corrected using polypropylene mesh. One death and one wall infection were observed post operatively. No recurrences were reported until now, in 4 to 36 months of follow-up. Conclusion - Preoperative progressive pneumoperitoneum is a safe and easy executed procedure, which simplifies surgery and reduces post-operative respiratory and cardiovascular complications. It is indicated for patients with hernias that have lost the right of domain in the abdominal cavity.

The University and its libraries: Reactions and resistance to scientific publishers

This paper addresses the relationship of copyright and the right of universities on scientific production. Information and Communication Technologies (ICTs) are causing many changes in the system of scientific communication, such as the creation of Institutional Repositories that aim to gather scientific production in digital format. The University needs quicker ways of spreading academic production and many questions are emerging due to contexts such as the Open Access movement. Thus, this paper questions the positioning of Universities, especially Public Universities, which despite having policies related to intellectual property to protect the transferring forms of research results to society; many times do not have a positioning or a mechanism that regulates the self-deposit of scientific production in these Institutional Repositories. In order to develop this paper, the following issues are addressed: lack of interest of the University in storing scientific production; reports on the relationship of the library with scientific publishing houses; the participation of faculty members and students in supporting the Free Access movement; and initiatives aimed at greater flexibility of copyright to the context of scientific production. In order to follow the development of these issues at international level, it was opted for qualitative research with non-participating direct observation to carry out the identification and description of copyright policy of important publishers from the ROMEO SHERPA site; therefore, it can be observed that there are changes regarding the publishers' flexibility before self-archiving of authors in open access institutional repositories in their universities. Given this scenario, we presente reflections and considerations that involve the progress and mainly the integration of the University and its faculty members; the institution should recommend and guide its faculty members not to transfer their copyrights, but to defend their right of copy to Institutional Repositories along with Publishing Houses.

Population, social equity and changing production patterns

Includes bibliography

Os direitos humanos como temática global e soberania no sistema internacional pós guerra fria: a Conferência de Viena

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