A cidadania no contexto do estado constitucional democrático de direito brasileiro

The citizenship is a fundamental category to the democratic progress and the development and concretization of human rights, in addition to being one of the essential foundations of democratic contextualized in the rule of law of the Federative Republic of Brazil. That’s exactly why the discussion about its concept and content is a paramount requirement to the understanding and interpretation-application-concretization of the Federal Constitution of 1988, as well as its democracy, since there is no democracy without citizenship. That is why the general objective of the research is to determine the characteristics of the citizenship, relating it to the Law, as well as to discuss (critically) its inclusion in the list of fundamental rights and delimitate the scope of protection and the limits of this right, in the context of Brazilian law post-1988 Constitution. The specific objectives are: a) to analyze the concept of citizenship, its extent and scope, contextualizing it historically; b) to examine the evolution of the legal and regulatory treatment of the citizenship in Brazilian constitutions, focusing on the 1988 Constitution; c) assess whether citizenship can be considered a fundamental right; d) to investigate which implications, theoretical and practical, of assignment fundamentality character to the right to citizenship. This research identifies and deconstructs current conceptual confusions, such as the lack of distinction between citizenship and nationality; citizenship and electoral capacity; citizenship and person. It also helps to identify and oppose the generalizations, as well as the excessively abstract associations which tend to purely metaphysical understandings, fluid and empty of any content. The main virtue, however, is the proposed of understanding of the citizenship as a fundamental right and the examination of the relationship between citizenship and human dignity. In this context, citizenship appears as a corollary of human dignity and it goes beyond. This (human dignity) requires equality, non-arbitraries, non-excessive, disproportionate or unreasonable impositions affecting their freedom rights, and, yet, doesn’t affect a minimum core of possibilities of have to a decent life, in conditions of freedom and self-conformation involved in the necessary consideration of the individual as a subject. All of this requires a decision-making process, molded by the citizenship, which reaches the entire development process of possible state interventions, to ensure the person as a subject, the right holder and the objective point of reference of the juridical relations. Thus, the citizenship represents a substantial and beneficial addition to the human dignity, since the emancipated citizen is a person, formally and materially, qualified, to be able to build their own and collectively organized history, to participate effectively in the making processes decision juridical and social

A busca por uma política nacional dos biocombustíveis como tutela do direito fundamental ao meio ambiente : acautelamento e avaliação de riscos

The work is to demonstrate the scope of modern-day major regulatory provisions and the policies implemented to adoption of biofuels in the national energy matrix. The adoption of biofuels as an alternative to fossil fuels, is based on the realization of the fundamental right to an ecologically balanced environment mitigating hazards and environmental hazards arising from a postmodern society. However, the change in the Brazilian energy matrix observe the precepts of certain environmental principles to essentially environmental preservation The proposed Environmental rule of law is founded on the realization of the right (duty) key to an ecologically balanced environment for sustainable development. Thus, it is up to the State, in addition to considering the dangers and risks fruits of government decisions, present the possible instruments to mitigate the irreversible environmental damage to the environment. The management of environmental risks present in the ideals of an Environmental rule of law, plays an important role in the preservation and economic development, using, therefore, of acautelatórios legal instruments, such as environmental licensing and the ecological-economic zoning, measures adopted in the light of the principles of precaution and preservation. The adoption of research in the environmental field, improvement and development of environmental technology, building a system to observe ecological changes, imposition of environmental policy objectives to be achieved in the medium and long term and systematization of organizations plan a protection policy environmental, are essential measures to control possible environmental risks and damage guided by the aforementioned environmental principles. Thus, it will be used the inductive method of approach, starting from the analysis of the new perspective of Environmental rule of law and the implementation of biofuels in the context of a post-modern society, marked by uncertainty and the risk of damage, from the study of the principles of caution, maintaining and cautionary measures in mitigating the hazards and potential risks.

Distribution and Conservation of the Antillean Manatee in Hispaniola

Antillean manatees (Trichechus manatus manatus) were heavily hunted in the past throughout the Wider Caribbean Region (WCR), and are currently listed as endangered on the IUCN Red List of Threatened Species. In most WCR countries, including Haiti and the Dominican Republic, remaining manatee populations are believed to be small and declining, but current information is needed on their status, distribution, and local threats to the species.

To assess the past and current distribution and conservation status of the Antillean manatee in Hispaniola, I conducted a systematic review of documentary archives dating from the pre-Columbian era to 2013. I then surveyed more than 670 artisanal fishers from Haiti and the Dominican Republic in 2013-2014 using a standardized questionnaire. Finally, to identify important areas for manatees in the Dominican Republic, I developed a country-wide ensemble model of manatee distribution, and compared modeled hotspots with those identified by fishers.

Manatees were historically abundant in Hispaniola, but were hunted for their meat and became relatively rare by the end of the 19th century. The use of manatee body parts diversified with time to include their oil, skin, and bones. Traditional uses for folk medicine and handcrafts persist today in coastal communities in the Dominican Republic. Most threats to Antillean manatees in Hispaniola are anthropogenic in nature, and most mortality is caused by fisheries. I estimated a minimum island-wide annual mortality of approximately 20 animals. To understand the impact of this level of mortality, and to provide a baseline for measuring the success of future conservation actions, the Dominican Republic and Haiti should work together to obtain a reliable estimate of the current population size of manatees in Hispaniola.

In Haiti, the survey of fishers showed a wider distribution range of the species than suggested by the documentary archive review: fishers reported recent manatee sightings in seven of nine coastal departments, and three manatee hotspot areas were identified in the north, central, and south coasts. Thus, the contracted manatee distribution range suggested by the documentary archive review likely reflects a lack of research in Haiti. Both the review and the interviews agreed that manatees no longer occupy freshwater habitats in the country. In general, more dedicated manatee studies are needed in Haiti, employing aerial, land, or boat surveys.

In the Dominican Republic, the documentary archive review and the survey of fishers showed that manatees still occur throughout the country, and occasionally occupy freshwater habitats. Monte Cristi province in the north coast, and Barahona province in the south coast, were identified as focal areas. Sighting reports of manatees decreased from Monte Cristi eastwards to the adjacent province in the Dominican Republic, and westwards into Haiti. Along the north coast of Haiti, the number of manatee sighting and capture reports decreased with increasing distance to Monte Cristi province. There was good agreement among the modeled manatee hotspots, hotspots identified by fishers, and hotspots identified during previous dedicated manatee studies. The concordance of these results suggests that the distribution and patterns of habitat use of manatees in the Dominican Republic have not changed dramatically in over 30 years, and that the remaining manatees exhibit some degree of site fidelity. The ensemble modeling approach used in the present study produced accurate and detailed maps of manatee distribution with minimum data requirements. This modeling strategy is replicable and readily transferable to other countries in the Caribbean or elsewhere with limited data on a species of interest.

The intrinsic value of manatees was stronger for artisanal fishers in the Dominican Republic than in Haiti, and most Dominican fishers showed a positive attitude towards manatee conservation. The Dominican Republic is an upper middle income country with a high Human Development Index. It possesses a legal framework that specifically protects manatees, and has a greater number of marine protected areas, more dedicated manatee studies, and more manatee education and awareness campaigns than Haiti. The constant presence of manatees in specific coastal segments of the Dominican Republic, the perceived decline in the number of manatee captures, and a more conservation-minded public, offer hope for manatee conservation, as non-consumptive uses of manatees become more popular. I recommend a series of conservation actions in the Dominican Republic, including: reducing risks to manatees from harmful fishing gear and watercraft at confirmed manatee hotspots; providing alternative economic alternatives for displaced fishers, and developing responsible ecotourism ventures for manatee watching; improving law enforcement to reduce fisheries-related manatee deaths, stop the illegal trade in manatee body parts, and better protect manatee habitat; and continuing education and awareness campaigns for coastal communities near manatee hotspots.

In contrast, most fishers in Haiti continue to value manatees as a source of food and income, and showed a generally negative attitude towards manatee conservation. Haiti is a low income country with a low Human Development Index. Only a single dedicated manatee study has been conducted in Haiti, and manatees are not officially protected. Positive initiatives for manatees in Haiti include: protected areas declared in 2013 and 2014 that enclose two of the manatee hotspots identified in the present study; and local organizations that are currently working on coastal and marine environmental issues, including research and education on marine mammals. Future conservation efforts for manatees in Haiti should focus on addressing poverty and providing viable economic alternatives for coastal communities. I recommend a community partnership approach for manatee conservation, paired with education and awareness campaigns to inform coastal communities about the conservation situation of manatees in Haiti, and to help change their perceived value. Haiti should also provide legal protection for manatees and their habitat.

An evaluation of the implications of the best interests of the child principle in the context of same-sex parenting in Ireland

Same-sex parenting is by no means a new phenomenon but the legal recognition and acceptance of gay and lesbian couples as parents is a relatively recent development in most countries. Traditionally, such recognition has been opposed on the basis of the claim that the best interests of children could not be met by gay and lesbian parents. This thesis examines the validity of this argument and it explores the true implications of the best interests principle in this context. The objective is to move away from subjective or moral conceptions of the best interests principle to an understanding which is informed by relevant sociological and psychological data and which is guided by reference to the rights contained in the UN Convention on the Rights of the Child. Using this perspective, the thesis addresses the overarching issue of whether the law should offer legal recognition and protection to gay and lesbian families and the more discrete matter of how legal protection should be provided. It is argued that the best interests principle can be used to demand that same-sex parenting arrangements should be afforded legal recognition and protection. Suggestions are also presented as to the most appropriate manner of providing for this recognition. In this regard, guidance is drawn from the English and South African experience in this area. Overall, the objective is to assess the current laws from the perspective of the best interests principle so as to ensure that the law operates in a manner which adheres to the rights and interests of children.

Operating cost based cruise speed reduction for ground delay programs: Effect of scope length

Ground delay programs typically involve the delaying of aircraft that are departing from origin airports within some set distance of a capacity constrained destination airport. Long haul flights are not delayed in this way. A trade-off exists when fixing the distance parameter: increasing the ‘scope’ distributes delay among more aircraft and may reduce airborne holding delay but could also result in unnecessary delay in the (frequently observed) case of early program cancellation. In order to overcome part of this drawback, a fuel based cruise speed reduction strategy aimed at realizing airborne delay, was suggested by the authors in previous publications. By flying slower, at a specific speed, aircraft that are airborne can recover part of their initially assigned delay without incurring extra fuel consumption if the ground delay program is canceled before planned. In this paper, the effect of the scope of the program is assessed when applying this strategy. A case study is presented by analyzing all the ground delay programs that took place at San Francisco, Newark Liberty and Chicago O’Hare International airports during one year. Results show that by the introduction of this technique it is possible to define larger scopes, partially reducing the amount of unrecovered delay.

Perspectives on gender, migration and transnational work: joint work of social reproduction and care in Southern Europe

This paper presents the "state of the art" and some of the main issues discussed in relation to the topic of transnational migration and reproductive work in southern Europe. We start doing a genealogy of the complex theoretical development leading to the consolidation of the research program, linking consideration of gender with transnational migration and transformation of work and ways of survival, thus making the production aspects as reproductive, in a context of globalization. The analysis of the process of multiscale reconfiguration of social reproduction and care, with particular attention to its present global dimension is presented, pointing to the turning point of this line of research that would have taken place with the beginning of this century, with the rise notions such as "global care chains" (Hochschild, 2001), or "care drain" (Ehrenreich and Hochschild, 2013). Also, the role of this new agency, now composed in many cases women who migrate to other countries or continents, precisely to address these reproductive activities, is recognized. Finally, reference is made to some of the new conceptual and theoretical developments in this area.

Radiological protection and the exposure of animals as patients in veterinary medicine

It is apparent that most of the techniques that make use of ionising radiation in human medical practices are now being applied in veterinary medicine. Steps are being taken by the IAEA to provide guidance for humans involved in such practices, but there appears to be no international initiative that considers the protection or welfare of the animal as a patient. There is therefore a risk that the deliberate exposure of an animal, particularly in the therapeutic application of radiation, could do more harm than good. In the light of recent developments in dosimetric modelling and the application of known effects of radiation on different types of animals, for the purposes of the protection of biota in an environmental context, it is argued that it would be sensible now to start a serious consideration of this issue. Some suggestions are made with regard to a number of areas that could be considered further, both specifically and with regard to the field of radiological protection as a whole.

Radiological protection and the exposure of animals as patients in veterinary medicine

It is apparent that most of the techniques that make use of ionising radiation in human medical practices are now being applied in veterinary medicine. Steps are being taken by the IAEA to provide guidance for humans involved in such practices, but there appears to be no international initiative that considers the protection or welfare of the animal as a patient. There is therefore a risk that the deliberate exposure of an animal, particularly in the therapeutic application of radiation, could do more harm than good. In the light of recent developments in dosimetric modelling and the application of known effects of radiation on different types of animals, for the purposes of the protection of biota in an environmental context, it is argued that it would be sensible now to start a serious consideration of this issue. Some suggestions are made with regard to a number of areas that could be considered further, both specifically and with regard to the field of radiological protection as a whole.

The activity of the feminist online publications: challenges for the transmission of the feminist culture in Spain

Traditionally, big media corporations have contributed to hiding the women’s movement itself, as well as its main claims and topics of discussion (Marx, Myra y Hess, 1995; Rhode, 1995; Mendes, 2011). This has led the feminist movement to develop its own media generally print publications, usually, with a very specialized character and reduced audience. This is similar to what has occurred with quality main stream media, asthese publications have had to adapt themselves to a new communicatiion context, because of the financial crisis and  technological evolution. Feminist media has found in the Internet an excellent opportunity to access citizens and communicate their messages. , In view of this scene of change and renovation,  this article offers the results of a qualitative analysis focused on the experiences of four feminist online media sites edited in Spain: Pikaramagazine.com, Proyecto-kahlo.com, Mujeresenred.net and Laindependent.cat. Besides exploring the characteristics and content of these sites, the article pays attention to the virality of their contents spread through Facebook and Twitter. The onclusion estimates their social impact, insofar as they symbolize the specialization, diversification and dialogue promoted by the Web.

From local scenarios to national maps: a participatory framework for envisioning the future of Tanzania

Tackling societal and environmental challenges requires new approaches that connect top-down global oversight with bottom-up subnational knowledge. We present a novel framework for participatory development of spatially explicit scenarios at national scale that model socioeconomic and environmental dynamics by reconciling local stakeholder perspectives and national spatial data. We illustrate results generated by this approach and evaluate its potential to contribute to a greater understanding of the relationship between development pathways and sustainability. Using the lens of land use and land cover changes, and engaging 240 stakeholders representing subnational (seven forest management zones) and the national level, we applied the framework to assess alternative development strategies in the Tanzania mainland to the year 2025, under either a business as usual or a green development scenario. In the business as usual scenario, no productivity gain is expected, cultivated land expands by ~ 2% per year (up to 88,808 km²), with large impacts on woodlands and wetlands. Despite legal protection, encroachment of natural forest occurs along reserve borders. Additional wood demand leads to degradation, i.e., loss of tree cover and biomass, up to 80,426 km² of wooded land. The alternative green economy scenario envisages decreasing degradation and deforestation with increasing productivity (+10%) and implementation of payment for ecosystem service schemes. In this scenario, cropland expands by 44,132 km² and the additional degradation is limited to 35,778 km². This scenario development framework captures perspectives and knowledge across a diverse range of stakeholders and regions. Although further effort is required to extend its applicability, improve users’ equity, and reduce costs the resulting spatial outputs can be used to inform national level planning and policy implementation associated with sustainable development, especially the REDD+ climate mitigation strategy.

CONCERNS REGARDING THE PROTECTION OF COPYRIGHT IN THE INTERNET

The advent of the World Network(Net) Internet and the use of the technology in the digital environment raised new challenges to the author's copyright. These worries were considered in the last international agreements, so that the warning is not true of those who postulate that the Internet is a " territory of nobody ", where the works are unprotected completely. To educate on the topic of the protection of the author's copyright and to provide with resources the instances(authorities) in charge of the observance of these rights looks like an ineluctable task.

Serviço social do INSS : expressões materiais da implementação de sua competência legal no período de junho de 2009 a junho de 2014

Dissertação (mestrado)—Universidade de Brasília, Instituto de Ciências Humanas, Departamento de Serviço Social, Programa de Pós-Graduação em Política Social, 2015.

Les enjeux juridiques concernant les nouveaux modèles d’affaires basés sur la commercialisation des données

Cet essai est présenté en tant que mémoire de maîtrise dans le cadre du programme de droit des technologies de l’information. Ce mémoire traite de différents modèles d’affaires qui ont pour caractéristique commune de commercialiser les données dans le contexte des technologies de l’information. Les pratiques commerciales observées sont peu connues et l’un des objectifs est d’informer le lecteur quant au fonctionnement de ces pratiques. Dans le but de bien situer les enjeux, cet essai discutera d’abord des concepts théoriques de vie privée et de protection des renseignements personnels. Une fois ce survol tracé, les pratiques de « data brokerage », de « cloud computing » et des solutions « analytics » seront décortiquées. Au cours de cette description, les enjeux juridiques soulevés par chaque aspect de la pratique en question seront étudiés. Enfin, le dernier chapitre de cet essai sera réservé à deux enjeux, soit le rôle du consentement et la sécurité des données, qui ne relèvent pas d’une pratique commerciale spécifique, mais qui sont avant tout des conséquences directes de l’évolution des technologies de l’information.

La protection de l'environnement par les sanctions administratives pécuniaires au Québec

Avec l’adoption le 4 octobre 2011 par l’Assemblée nationale du Québec du projet de loi 89 intitulé «Loi modifiant la Loi sur la qualité de l’environnement afin d’en renforcer le respect», le législateur est venu renforcer le régime de droit pénal en augmentant la sévérité des peines pour les infractions à Loi sur la qualité de l’environnement. Il a aussi élargi les pouvoirs d’intervention du ministre en lien avec les autorisations qu’il émet. Cependant, la principale réforme apportée par le projet de loi 89 qui touche aux mécanismes même de protection de l’environnement, est la création de toute pièce d’un régime de sanctions dites administratives pécuniaires, parallèlement au régime de sanctions déjà existantes. La première interrogation, soulevée à l’égard des sanctions administratives pécuniaires, et la plus fondamentale, était celle de savoir si le contrevenant devait bénéficier des protections constitutionnelles énoncées à l’article 11 de la Charte canadienne des droits et libertés, tel un inculpé face à une procédure pénale. Puisque nous concluons que ces sanctions relèvent uniquement du droit administratif, nous avons cherché à déterminer quel serait le contenu du devoir d’agir équitablement de l’Administration lors du processus d’émission et de contestation de la sanction administrative pécuniaire.

Les enjeux juridiques concernant les nouveaux modèles d’affaires basés sur la commercialisation des données

Cet essai est présenté en tant que mémoire de maîtrise dans le cadre du programme de droit des technologies de l’information. Ce mémoire traite de différents modèles d’affaires qui ont pour caractéristique commune de commercialiser les données dans le contexte des technologies de l’information. Les pratiques commerciales observées sont peu connues et l’un des objectifs est d’informer le lecteur quant au fonctionnement de ces pratiques. Dans le but de bien situer les enjeux, cet essai discutera d’abord des concepts théoriques de vie privée et de protection des renseignements personnels. Une fois ce survol tracé, les pratiques de « data brokerage », de « cloud computing » et des solutions « analytics » seront décortiquées. Au cours de cette description, les enjeux juridiques soulevés par chaque aspect de la pratique en question seront étudiés. Enfin, le dernier chapitre de cet essai sera réservé à deux enjeux, soit le rôle du consentement et la sécurité des données, qui ne relèvent pas d’une pratique commerciale spécifique, mais qui sont avant tout des conséquences directes de l’évolution des technologies de l’information.