Devido processo penal: uma análise acerca dos direitos fundamentais sob a perspectiva do processo eletrônico

The current study presents an analysis about the automation of the lawsuits in Brazil, which opens a new direction to be followed by the National Secretary of Justice, applied indistinctively to the civil, criminal and labor lawsuits, as well as to the special court houses at any degree of juridisdiction. It treats, specifically, about the transition from the classic lawsuit with bureaucratic aspects to the electronic one, based on the simplicity of the functions, the quality of the oral and the readiness. The light of the constitutional principle of the reasonable duration of the lawsuit, while fundamental rigth of the defendant and, under de protection of the democratic guarantee, it investigates, from the theory of the fundamental rights to the reform movement of the lawsiut, in the scenery of the alien law and national law, the latter, mostly because it has the automation as a necessary improvement claimed by modernity, yet without forgetting of the humane character inherent to the criminal lawsuit. It faces the issue of of the disruption of the paradigm of the written formality of the Brazilian lawsuit, the problem of the resistance to the new automized method, the use of the video conference for the inquest of the witnesses as well as for the questioning of the defendant, the advancements of the virtual lawsuit on the Superior Courts, Federal Supreme Court and Superior Court of Justice, it treats also about the role of the National Council of Justice - CNJ - to uniformize the legal proceedings in the country. Without neglecting the effective respect to the fundamental rights, it focuses the cultural change necessary so that the electronic technology can be, in fact, in the indictment system, the means to reach with excellency the citizenship by the simplification of the legal proceedings, transposing the baseless bureaucracy and assuring an effective judicial service assistance in order to have a better quality of life

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

A missão política do Supremo Tribunal Federal: análise de sua importância como corte constitucional para o controle do poder no Brasil

The following study proposes an analysis of the politic process which the brazilian constitutional justice faces, emphasizing the Supremo Tribunal Federal . For that purpose, we start by examining the intimate relationship between Politics and Law, in view of the most recent social systems theories, so that the political system is distinguished by the exclusiveness of using the physical force, intending to make coletive tying decisions, and the juridical system as a congruent generalization of the expectations towards the rules and principles, brought together under an interdependence by which both gather legitimacy and effectiveness. In this manner we can notice the political effects of the constitutional interpretation conducted by Judges as well as by other juridical professionals, because these ones decrease the overload of expectations which are pointed to the Judicature. Constitutional interpretation is democratized since the participative democracy arises and stablishes a permanent state of awareness around the exercise of power and favours the preservation of the pluralism (counter-majoritary principle) where we can find the origin of the democratic nature of constitutional courts, once, in most cases, their members are not elected by the people. After that, we analyse the historical posture of the Supremo Tribunal Federal as a constitutional court in Brazil, so we can realize the attempts to make it vulnerable to the appeals of governability and economical aims, agains which this court somehow has resisted, stressing its particularities. At the end, it s concluded that even the so-called acts of government, whose judiciary control is mostly repelled, are subjected to a constitutional analysis, last frontier to be explored by the Supremo Tribunal Federal in its role of exposing our republican Constitution

Concentração da posse da terra e o programa nacional de crédito fundiário - uma análise para o estado do Rio Grande do Norte, 2006 - 2012

O objetivo do trabalho é propor um estudo sobre a relação do Programa Nacional de Crédito Fundiário - PNCF, no estado do Rio Grande do Norte, e sua concentração fundiária. Ou seja, se o PNCF está sendo direcionado, para as microrregiões que apresentam maior índice de concentração, de acordo com o índice de Gini, e se as áreas adquiridas através do crédito fundiário estão emergindo nestas microrregiões. Para isto, o estudo levantou a hipótese de que o PNCF no estado do Rio Grande do Norte não está sendo conduzida, de modo a reduzir a concentração fundiária, dentre as microrregiões do estado. Ou seja, não existe correlação entre o índice de Gini, da concentração fundiária, e as áreas adquiridas através do programa. Além disso, o trabalho buscou realizar uma discussão da literatura sobre os programas de reforma agrária assistida pelo mercado. Apresentando os autores que são exaltadores do modelo e das suas potencialidades, atrelando as causas dos problemas levantados como sendo de ordem técnica e operacional, onde os principais autores desta linha são: Van Zyl, Kirsten & Binswanger, (1996), Deininger & Binswanger, (1999). Têm-se também a apresentação da posição dos autores adeptos as políticas fundiárias pautadas na dinâmica e liberação dos mercados de terras, mas que visam contribuir com estudos que permitam uma redução para o custo elevado e a sua incapacidade de abarcar a esfera social, em decorrência do pagamento á vista e a preço de mercado aos donos das terras, são eles: De Janvry & Sadoulet (2002), Gordillo (2002), Banerjee (1999), Jaramillo (1998) e Burki & Perry (1997). Todavia, apresentou-se a corrente de autores que ressalta a natureza socialmente agressiva da Reforma Agrária Assistida pelo Mercado (RAAM), sendo os seus principais contribuidores: El-Ghonemy (2001); Barros, Schwartzman & Sauer (2003); Borras Jr. (2006, 2003 e 2003a); Garoz et al. (2005); Sauer & Pereira (2006); Pereira (2005, 2006 e 2010); Sauer (2010); Lahiff, Borras Jr. & Kay (2007). Em sequência, o trabalho apresentou a transição e características dos programas de acesso à terra, no Brasil, a partir da década de 1990, bem como, alguns indicadores do PNCF, no Brasil e o estado do Rio Grande do Norte. Apresentou-se também os indicadores da concentração fundiária, no Brasil e no estado. Através dos dados do Censo Agropecuário de 2006 foi possível calcular o índice de Gini da distribuição fundiária nas microrregiões no estado do Rio Grande do Norte. Com os dados fornecidos pela Secretaria de Estado de Assuntos Fundiários e de Apoio à Reforma Agrária - SEARA mostrou-se a distribuição das linhas de crédito do PNCF e as áreas adquiridas, entre os anos de 2006 e 2012. Por fim, o valor do coeficiente de correlação simples (r) igual a (0,2865), que com base no teste bilateral da distribuição de t de Student chegou-se no resultado para T calculado no valor de (1,2333), que ao ser comparado com o valor de T crítico igual a (2,898), com 17 graus de liberdade, a um nível de significância de 1%, pode aceitar a hipótese de partida, ou seja, que o PNCF não estava sendo direcionado para diminuir a concentração fundiária no estado

Crescimento econômico e restrição externa da economia brasileira: uma análise do padrão das exportações em relação ao BRIC e do Sistema de Inovação do Brasil (1980-2012)

This Master s Thesis aims to use the theoretical models of growth with restricted balance of payments, specifically Kaldor (1970) and Thirlwall (1979) models, to analyze the behavior and the pattern of specialization of Brazilian exports and imports in the last years. It is observed that, in some periods, the pattern of specialization has contributed in restricting long-term growth of the Brazilian economy. It has been hypothesized that overall this is due to lack of structural transformation policies. To achieve this goal, it analyzed the performance of Brazilian exports and imports disaggregating them according to their technological content. The basis for comparison was a group of countries to which Brazil is inserted in, the BRIC. In this regard, the work is a comparative analysis by using descriptive statistics. It is concluded that the low rate of GDP growth experienced by Brazil since the 1980s can be explained in part by the decoupling of the Brazilian National Innovation System (NIS) and the Brazilian productive structure. This would be reducing the income elasticity of exports and raising imports, causing a pattern of specialization intensive primary commodities and labor and low-skill labor

Segurança do paciente no sistema de medicação: análise de enfermeiros de um hospital de ensino

This study aimed to identify and describe the factors related to Patient Safety in a medication system according to the nurses analysis in a teaching hospital from the photographic analysis method. This was a cross-sectional, descriptive study with mixed approach in a teaching hospital in Rio Grande do Norte. The population consisted of 42 nurses from inpatient units, of which 34 composed the study sample. As eligibility criteria, we defined nurses from public service and nurses who agreed to participate. Ethical determinations were observed, the study was submitted to the Ethics and Research of the University Hospital Onofre Lopes, obtaining the assent with ethical assessment certificate (CAAE 0098.0.051.294-11). For data collection, we used the photographic method (Photographic Analysis Technique) by Patricia Marck (Canada). It was developed in two phases: at first, we randomly captured photos from the medication system, resulting in 282 images; then we selected/processed the photographs, which were reduced to 10 images in Microsoft Excel 2010; in the second phase, the nurses answered the questionnaire divided into socio-professional profile and Digital Photography Scoring Tool (questions a and b ). For analysis of the question a , we used the content analysis technique, and for b , we used the Statistical Package for the Social Sciences 20.0 (temporary license). The socio-professional profile revealed the predominance of females; age group 34-43 years; professionals with specialization; 10-18 years of length of service; and nurses working exclusively in the hospital and who know the Patient Safety. The photographic analysis in relation to Patient Safety resulted in specific categories for each stage of the medication system. Regarding disposal, we identified Proper verification ; Improper verification ; Correct identification ; Disposal in single doses ; and Improper Environment , with predominance of that last category. As for storage: Proper storage ; Improper storage ; Risk of exchange/disappearance ; and Poor hygiene , with special reference to improper storage. In preparation: Risk of exchanging medication/patient ; Inappropriate physical space ; and Inadequate 9 preparation of controlled drugs , highlighting the first category. In drug administration: Lack of Personal Protective Equipment ; Use of Personal Protective Equipment ; Improper administration technique ; Proper administration technique ; Correct drug identification ; Incorrect drug identification ; and Peripheral venous access without identification . From the safety assessment of 10 photographs, by adapting the scores (1-10) to the Likert Scale, we identified three Totally Unsafe (Level 1), three Unsafe (Level 2), three Partially Safe (Level 3), one Safe (Level 4), and no photograph considered Totally Safe. This study identified the prevalence of unsafety in the medication system in the nurses opinion. We were also able to understand that, although nurses identify safety aspects, the most prevalent categories characterize an unsafe assessment. Nursing needs to reflect on its practice, identifying gaps in the medication system in order to achieve a proper and safe care

Análise tecnológica sobre os aspectos ambientais de empreendimentos hoteleiros da Praia de Ponta Negra Natal/RN: um modelo de sistema de gestão ambiental

The present work aimed the elaboration of an environmental study focused on the hotel sector in order to present an analysis of the environmental aspects of Ponta Negra Beach, in Natal, RN, Brazil and also the aspects of the small and medium hotels existing in this area. By means of this work, it is possible to elaborate a model of a simplified System of Environmental Management which can attend to the exigencies required by NBR ISO 14001: 2004, as well as to present economical viability and possibility to be implemented in a way that hotels may converge to the sustainable environmental development of the tourism in Ponta Negra Beach. The research methodology presents itself divided into three items: execution of the environmental characterization of Ponta Negra Beach, by way of technical visits and interpretation of satellite images and cartograms of the main environmental characteristics of the region; execution of the work already made concerning the development, application and interpretation of the evaluation of the environmental aspects of each hotel, considering the hotels and the period of data collection, these used in evaluation, research instrument and a description of the procedure utilized for the analysis of the collected data and the utilized methodology for the elaboration of a model of a simplified System of Environmental Management. In a general way, it has been concluded that the practices executed by hotels in Ponta Negra Beach are impact-like and harmful to the environment. The simple implementation of analysis procedures and control of the environmental aspects could suggestively contribute to the reduction of environmental impacts promoted by the hotel section at this beach and in the nearby areas. It had been noticed that the study contributed to the sensitization of managers concerning the environmental problems since, in many other times, the detected problem was, in fact, the non-acquaintance about the environmental aspects and impacts from those hotels administrators, because of the lack of surveys and studies about the theme. It had also been noticed the arousing of a possible environmental attitude from some managers

Uma aplicação de análise de decisão com o método AHP Processo de hierarquia analítica: um estudo sobre adoção de Sistema eletrônico de cobrança no Transporte público urbano

This thesis carries through an application of Analysis of Multicriterion Decision with use of the method of Analytical Hierarchy Process (AHP) in the problematic one of taking of decision of the adoption of electronic collecting in the system of urban transport in the country, a subject that has been controversial. A modeling of criteria and alternatives is carried through and applied a questionnaire based on method AHP the excellent actors in the system of urban transport - Leading of the Managing Agency Public Municipal theatre of Urban Transports, Controller of Company of Bus, Controller of Labor union, Controller of Union of Companies, Communitarian Leader. The considered alternatives were: the maintenance of the current state with collectors, the implementation of electronic collection without collectors, and the implementation of electronic collection with collectors. The used criteria were: job, impact in the fare, control of the system, easiness of use, information. The study was carried through in the city of Natal, RN, where if the adoption of electronic collection argues and where this implementation in some bus lines between Natal and Parnamirim exists, city that integrates the region of the great Natal. The main results of the method evidence in a dimension, the viability of use of method AHP with questionnaire by means of validation of the judgments with analysis of variance beyond proper the normal mechanisms of analysis of consistency to the method, and in another one, the contribution of the analysis boarding multicriterion to become the judgments more clearly. The main results of the analysis help to show that although to models of criteria and distinct judgments of the actors, the method evidenced that it has inclination the adoption of the electronic collection on the current situation, even so with divergences between the maintenance or not of the collector. The research points to the possibility of accomplishment of the application of the AHP in successive rounds of judgments

Técnicas de simplificação de redes e otimização multiobjetivo para análise de variações de tensão em regime permanente provocadas por parques eólicos integrados ao sistema elétrico

This study presents a description of the development model of a representation of simplified grid applied in hybrid load flow for calculation of the voltage variations in a steady-state caused by the wind farm on power system. Also, it proposes an optimal load-flow able to control power factor on connection bar and to minimize the loss. The analysis process on system, led by the wind producer, it has as base given technician supplied by the grid. So, the propose model to the simplification of the grid that allows the necessity of some knowledge only about the data referring the internal network, that is, the part of the network that interests in the analysis. In this way, it is intended to supply forms for the auxiliary in the systematization of the relations between the sector agents. The model for simplified network proposed identifies the internal network, external network and the buses of boulders from a study of vulnerability of the network, attributing them floating liquid powers attributing slack models. It was opted to apply the presented model in Newton-Raphson and a hybrid load flow, composed by The Gauss-Seidel method Zbarra and Summation Power. Finally, presents the results obtained to a developed computational environment of SCILAB and FORTRAN, with their respective analysis and conclusion, comparing them with the ANAREDE

Análise energética em sistema de produção de suínos com aproveitamento dos desejos como biofertilizante em pastagem

Conselho Nacional de Desenvolvimento Científico e Tecnológico (CNPq)

Sistema auxiliar na análise de mamogramas digitais

This work proposes the development of a Computer System for Analysis of Mammograms SCAM, that aids the doctor specialist in the identification and analysis of existent lesions in digital mammograms. The computer system for digital mammograms processing will make use of a group of techniques of Digital Image Processing (DIP), with the purpose of aiding the medical professional to extract the information contained in the mammogram. This system possesses an interface of easy use for the user, allowing, starting from the supplied mammogram, a group of processing operations, such as, the enrich of the images through filtering techniques, the segmentation of areas of the mammogram, the calculation the area of the lesions, thresholding the lesion, and other important tools for the medical professional's diagnosis. The Wavelet Transform will used and integrated into the computer system, with the objective of allowing a multiresolution analysis, thus supplying a method for identifying and analyzing microcalcifications

Análise de Handover inter e intra-célula em um sistema de telefonia celular através de método de medição simplificado

This dissertation has the purpose to present a portable device named PlugData MG100G, equipped with a cellular module, to analyze the radiofrequency coverage in a GSM network situated in João Pessoa city, state of Paraíba, at four distinct regions. The equipment, originally, was developed to be used in fixed environments, so it was adapted so that it could be used in conditions of mobility. From the Mobile Measurement Reports (MMRs) RF coverage and the handover process are analyzed. The MMRs enable the identification of the serving cell and the list of the closest neighboring cells monitored by the mobile. This work analyses only data referent to the serving cell and the two closest neighboring cells. Inter-cell and intra-cell handovers are identified. The frequency planning and quality of service offered by the network related to the regions are discussed as well

Sistema Híbrido de Inferência Baseado em Análise de Componentes Principais e Redes Neurais Artificiais Aplicado a Plantas de Processamento de Gás Natural

Nowadays, where the market competition requires products with better quality and a constant search for cost savings and a better use of raw materials, the research for more efficient control strategies becomes vital. In Natural Gas Processin Units (NGPUs), as in the most chemical processes, the quality control is accomplished through their products composition. However, the chemical composition analysis has a long measurement time, even when performed by instruments such as gas chromatographs. This fact hinders the development of control strategies to provide a better process yield. The natural gas processing is one of the most important activities in the petroleum industry. The main economic product of a NGPU is the liquefied petroleum gas (LPG). The LPG is ideally composed by propane and butane, however, in practice, its composition has some contaminants, such as ethane and pentane. In this work is proposed an inferential system using neural networks to estimate the ethane and pentane mole fractions in LPG and the propane mole fraction in residual gas. The goal is to provide the values of these estimated variables in every minute using a single multilayer neural network, making it possibly to apply inferential control techniques in order to monitor the LPG quality and to reduce the propane loss in the process. To develop this work a NGPU was simulated in HYSYS R software, composed by two distillation collumns: deethanizer and debutanizer. The inference is performed through the process variables of the PID controllers present in the instrumentation of these columns. To reduce the complexity of the inferential neural network is used the statistical technique of principal component analysis to decrease the number of network inputs, thus forming a hybrid inferential system. It is also proposed in this work a simple strategy to correct the inferential system in real-time, based on measurements of the chromatographs which may exist in process under study

Construção e análise de desempenho de um fogão solar à concentração utilizando dois focos para cozimento direto

A model of a solar oven with a reflective surface composed of two mirror segments is presented, constituting a two semi-parabolic surfaces made of fiberglass, applied on a ceramic mold, intended to be used in residential and commercial cooking. The reflective surface of the semi-parable is obtained with the use of multiple plain segments of 2 mm wide mirrors. The semi-parabolic structure has visible movements that are comparable to that of the sun. The technical details of the manufacturing and assembling processes will be presented with an analysis of the viability of thermal, economic, and materials of such prototype. This prototype has important social implications and primordial aspects, which combats the ecological damages caused by the wide-scale use of firewood during cooking. It has been demonstrated that the solar oven has the capacity to cook simultaneous two meals distinct for a family of four

Análise do desempenho térmico de sistema constutivo de concreto com EPS como agregado graúdo

In the last decades there was a concentrate effort of researchers in the search for options to the problem of the continuity of city development and environmental preservation. The recycling and reuse of materials in industry have been considerate as the best option to sustainable development. One of the relevant aspects in this case refers to the rational use of electrical energy. At this point, the role of engineering is to conceive new processes and materials, with the objective of reducing energy consumption and maintaining, at the same time the benefits of the technology. In this context, the objective of the present research is to analyze quantitatively the thermal behavior of walls constructed with concrete blocks which composition aggregates the expanded polystyrene (EPS) reused in the shape of flakes and in the shape of a board, resulting in a “light concrete”. Experiments were conducted, systematically, with a wall (considerate as a standard) constructed with blocks of ordinary concrete; two walls constructed with blocks of light concrete, distinct by the proportion of EPS/sand; a wall of ceramic bricks (“eight holes” type) and a wall with ordinary blocks of cement, in a way to obtain a comparative analysis of the thermal behavior of the systems. Others tests conducted with the blocks were: stress analysis and thermal properties analysis (ρ, cp e k). Based on the results, it was possible to establish quantitative relationship between the concentration (density) of EPS in the constructive elements and the decreasing of the heat transfer rate, that also changes the others thermal properties of the material, as was proved. It was observed that the walls of light concrete presents better thermal behavior compared with the other two constructive systems world wide used. Based in the results of the investigation, there was shown the viability of the use of EPS as aggregate (raw material) in the composition of the concrete, with the objective of the fabrication of blocks to non-structural masonry that works as a thermal insulation in buildings. A direct consequence of this result is the possibility of reduction of the consume of the electrical energy used to climatization of buildings. Other aspect of the investigation that must be pointed was the reuse of the EPS as a raw material to civil construction, with a clear benefit to reducing of environmental problems