A responsabilização criminal no estado democrático de direito: o equilíbrio entre a efetividade e os limites da pretensão punitiva da sociedade

This paper analyzes the relationship between fundamental rights and the exercise of the claim punitive society in a democratic state. It starts with the premise that there are fundamental rights that limit and determine the validity of all forms of manifestation of the claim punitive society (legislating, investigative, adjudicative or ministerial) and there are others that require the state the right exercise, fast and effective of these activities. Travels to history in order to see that the first meaning of these rights was built between the seventeenth and eighteenth centuries, after all a history of abuses committed by state agents in the exercise of criminal justice, and positively valued in the declarations of human rights and proclaimed in the constitutions after the American and French Revolutions, while the second meaning has been assigned between the nineteenth and twentieth centuries, when, because of the serious social problems generated largely by absenteeism state, it was noted that in addition to subjective rights the individual against the state, fundamental rights are also objective values, which trigger an order directed the state to protect them against the action of the offending individuals themselves (duty to protect), the mission of which the State seeks to discharge, among other means, through the issue of legal rules typifying the behavior detrimental to such rights, subject to penalties, and the concrete actions of public institutions created by the Constitution to operate penal law. Under this double bias, it is argued that the rule violates the Constitution in the exercise of the claim punitive society as much as by excess malfere fundamental rights that limit, as when it allows facts wrong by offending fundamental rights, remain unpunished either by inaction or by insufficient measures taken abstractly or concretely provided

Identification of a bisegmented double-stranded RNA virus (picobirnavirus) in calf faeces

To determine the incidence of rotavirus infection among dairy herds in the State of Sdo Paulo, Brazil, 576 faecal samples obtained from calves aged 1-45 days with and without diarrhoea, reared on 63 dairy cattle farms, were analyzed. Polyacrylamide gel electrophoresis (PAGE) identified 28 samples positive for group A rotavirus, while four samples, two diarrhoeic and two non-diarrhoeic, showed a bisegmented genome with a typical picobirnavirus pattern. Electron microscopy revealed spherical virus particles with a diameter of 37 nm and without a defined surface structure. The present study is the first report of a bisegmented virus identified in cattle in Brazil. (C) 2003 Elsevier B.V. Ltd. All rights reserved.

Second and Third Order Ionospheric Effects on GNSS Positioning: A Case Study in Brazil

The Global Positioning System (GPS) transmits signals in two frequencies. It allows the correction of the first order ionospheric effect by using the ionosphere free combination. However, the second and third order ionospheric effects, which combined may cause errors of the order of centimeters in the GPS measurements, still remain. In this paper the second and third order ionospheric effects, which were taken into account in the GPS data processing in the Brazilian region, were investigated. The corrected and not corrected GPS data from these effects were processed in the relative and precise point positioning (PPP) approaches, respectively, using Bernese V5.0 software and the PPP software (GPSPPP) from NRCAN (Natural Resources Canada). The second and third order corrections were applied in the GPS data using an in-house software that is capable of reading a RINEX file and applying the corrections to the GPS observables, creating a corrected RINEX file. For the relative processing case, a Brazilian network with long baselines was processed in a daily solution considering a period of approximately one year. For the PPP case, the processing was accomplished using data collected by the IGS FORT station considering the period from 2001 to 2006 and a seasonal analysis was carried out, showing a semi-annual and an annual variation in the vertical component. In addition, a geographical variation analysis in the PPP for the Brazilian region has confirmed that the equatorial regions are more affected by the second and third order ionospheric effects than other regions.

Ribotyping and virulence markers of Yersinia pseudotuberculosis strains isolated from animals in Brazil

Ribotyping and virulence markers has been used to investigate 68 Yersinia pseudotuberculosis strains of serogroups O:1a and O:3. The strains were isolated from clinical material obtained from healthy and sick animals in the Southern region of Brazil. Ribotypes were identified by double digestion of extracted DNA with the restriction endonucleases SmaI and PstI, separation by electrophoresis and hybridization with a digoxigenin-labeled cDNA probe. The presence of the chromosomal virulence marker genes inv, irp1, irp2, psn, ybtE, ybtP-ybtQ, and ybtX-ybtS, of the IS100 insertion sequence, and of the plasmid gene lcrF was detected by polymerase chain reaction. The strains were grouped into four distinct ribotypes, all of them comprising several strains. Ribotypes 1 and 4 presented distinct profiles, with 57.3% genetic similarity, ribotypes 2 and 3 presented 52.5% genetic similarity, and genetic similarity was 45% between these two groups (1/4 and 2/3). All strains possessed the inv, irp1, and irp2 genes. Additionally, strains of serogroup O:1a carried psn, ybtE, ybtP-ybtQ, ybtX-ybtS, and IS100. As expected lcrF was only detected in strains harboring the virulence plasmid. These data demonstrate the presence of Y. pseudotuberculosis strains harboring genotypic virulence markers in the livestock from Southern Brazil and that the dissemination of these bacteria may occur between herds.

Maus ares e malária: entre os pântanos de Natal e o feroz mosquito africano (1892-1932)

The development of epidemiological practices in the last years of the nineteenth and early twentieth century was characterized by both an influence of medical geography and the emergence of microbes and vectors of diseases. Both theories were used to explain outbreaks in Rio Grande do Norte specially in Natal. In this process were organized new institutions linked to public health, unhealthy spaces and prescribed hygiene measures. The redefinitions of the spaces were linked to updated elements of Hippocratic medicine such as aerism and emphasis on medical topography. How the physicians of the town were organized in the face of new meanings and fields of expertise in the demarcation of diseases and regulation of their own practices against the illegal medical practitioners? Likewise, the very occurrence of epidemics mobilized people, urban institutions and apparatuses. But how the Hippocratic legacy that leads to the idea of bad air originated by swamps from the eighteenth and nineteenth century has been linked to new microbial assumptions and disease vectors in the early twentieth century? How an invader from Africa, (the mosquito A. gambiae) mobilized transnational efforts to combat malaria and redefined the epidemiological practices? The aim of this work is to understand how epidemiological practices redefine the way we define spaces, practices and disease from both an approach influenced by a relational history of spaces and a theoretical synergy which includes topics in Science Studies, Post Structuralist Geography and some elements of Feminist Studies. Documentary research were surveyed in the reports of the provincial presidents, government posts to the Provincial Assembly, specialized medical articles and theses, and documents from the Rockefeller Foundation and national and international journals. In this regard shall be given to both material and discursive aspects of space-related practical epidemiological that Natal as much (in general) Rio Grande do Norte between bad air and malaria.

Debates sobre educação feminina no século XIX: Nísia Floresta e Maria Amália Vaz de Carvalho

L'article discute la structure discoursive de deux oeuvres qui représentent des voix féminines en défense de l'éducation et du travail des femmes et qui ont eu quelque répercussion au Brésil au XIXe siècle : Opúsculo humanitário (1853), de la brésilienne Nísia Floresta (1809 ou 1810-1885), et Mulheres e crianças (1880), de la portugaise Maria Amália Vaz de Carvalho (1847-1921). Nous avons essayé d'identifier à qui les textes étaient adressés et comment ils justifiaient le droit d'auteur et l'érudition féminine à un moment où la traditionnelle interdiction du mot public et de la presse aux femmes commençait à être questionnée.

Resultado de partos domiciliares atendidos por enfermeiras de 2005 a 2009 em Florianópolis, SC

A cross-sectional study was performed to analyze obstetric and neonatal results of planned home births assisted by obstetric nurses in the city of Florianepolis, Southern Brazil. Data collected from the medical records of 100 parturient women cared for between 2005 and 2009 indicated 11 hospital transfers, nine of which underwent a Cesarean section. The majority of women who had a home birth showed normal fetal heart beat (94.0%) and progress on the partogram (61.0%), vertical water delivery was the position most frequently chosen (71.9%), newborns had an Apgar score >= 7 at five minutes (98.9%), episiotomy was performed in 1.0%, and 49.4% did not need perineal suturing. Outcomes indicated that planned home birth is safe.

Effect of age and genetic group on characteristics of the scrotum, testes and testicular vascular cones, and on sperm production and semen quality in AI bulls in Brazil

The objectives were to determine the effects of age and genetic group on characteristics of the scrotum, testes and testicular vascular cones (TVC), and on sperm production and semen quality in 107 Bos indicus, B, taurus and cross-bred bulls at three artificial insemination (AI) centers in Brazil. In addition, predictors of sperm production and semen quality were identified. In general, scrotal circumference (SC), scrotal shape score, scrotal neck perimeter, and testicular size (length, width and volume) increased (P < 0.05) with age. Although there were no significant differences among genetic groups for SC or testicular size, B. indicus bulls had the least pendulous scrotal shape, the shortest scrotal neck length, and the greatest scrotal neck perimeter (P < 0.05). Fat covering the TVC was thinner (P < 0.05) in bulls <= 36 months of age and in B. taunts bulls than in older bulls and B. indicus bulls, respectively. Age and genetic group did not affect testicular ultrasonic echotexture. B. indicus bulls tended (P < 0.1) to have the lowest average scrotal surface temperature (SST). In general, ejaculate volume, total number of spermatozoa and number of viable spermatozoa increased (P < 0.05) with age. However, there was no significant effect of age on sperm concentration, motility, major and total defects. The proportion of spermatozoa with minor defects was highest (P < 0.05) in bulls 37-60 months of age. B. indicus bulls had higher (P < 0.01) sperm concentration, total number of spermatozoa and number of viable spermatozoa than B. taunts bulls, with intermediate values for cross-bred bulls. Increased sperm production was associated with increased testicular volume, SC, TVC fat cover, and SST top-to-bottom gradient. Decreased semen quality was associated with increased SC and bottom SST, and decreased scrotal shape, scrotal neck perimeter and vascular cone diameter. In summary, age and genetic group affected the characteristics of the scrotum, testes, and TVC, sperm production and semen quality. In addition, characteristics of the scrotum, testes and TVC were associated with sperm production and semen quality in bulls and could be assessed for breeding soundness evaluation. (c) 2002 Elsevier B.V. All rights reserved.

Evaluation of ten tropical grasses in the northwest region of the state of Sao-Paulo Brazil

The experiment was carried out in the northwest region of the State of São Paulo-Brazil to evaluate ten grasses recently introduced in the region. The grasses studied were: Cynodon nlemfuensis cv. Tifton 68, C dacrylon cv. Tifton 78, Cynodon spp. cv. Tifton 85, C. dactylon cv. Florakirk, C. nlemfuensis cv. Florico, C nlemfuensis cv. Florona, C dactylon cv. Coastcross, Paspalum notation cv. Tifton and NDF (717 to 749 g.kg(-1)) were observed in the Cynodon cultivars while lower values of CP (102 and 107 g.kg(-1)) and NDF (697 and 705 g.kg(-1)) were registered in the cvs. Marandu and Tanzania 1. The contents of ADF were higher in the the cvs. Tanzania 1 and Tifton 9. The average values of IVDMD differed (Ppound0.05) among grasses and were all above 564 g.kg(-1), except for cv. Tifton-9 (499 g.kg(-1)). The results obtained in this work allowed to conclude that the cvs. Tifton 78, Tifton 85, Coastcross, Florona, and Tanzania 1 are interesting options for pastures establishment in the northwest region of the State of São Paulo-Brazil.

Biodiversity of brachyuran crabs (Crustacea : Decapoda) from non-consolidated sublittoral bottom on the northern coast of São Paulo State, Brazil

The brachyuran community of the coast of São Paulo State is represented by about 188 species of crabs inhabiting different kinds of coastal marine environments. The biodiversity of brachyurans found on non-consolidated sublittoral bottom was investigated. The Ubatuba region (Ubatumirim, Ubatuba and Mar Virado bays, Couves and Mar Virado Islands, offshore region) was sampled for 3 years (1998-2000), at depths of 2-40 m. All sampling was performed using a fishing boat equipped with two double-rig nets. We collected 79 brachyuran species representing 9 superfamilies (4 Dromioidea, 1 Homoloidea, 2 Calappoidea, 5 Leucosioidea, 20 Majoidea, 7 Parthenopoidea, 17 Portunoidea, 18 Xanthoidea, and 5 Pinnotheroidea) and 41 genera. Ubatuba bay showed the greatest species richness with 50 species, followed by Ubatumirim with 45 and Mar Virado with 29. The number of species collected represents about 57% of the known species of crabs already reported for the shore of São Paulo State. It is worth noticing that this percentage is restricted only to non-consolidated sublittoral bottom. This fact indicates a great biodiversity of the habitat in this studied region, probably one to the diversity of habitat types present in the bays.

Ecological distribution and reproductive period of the hermit crab Loxopagurus loxochelis (Anomura, Diogenidae) on the northern coast of São Paulo State, Brazil

The present study aimed to determine the ecological distribution of Loxopagurus loxochelis as a function of selected environmental factors, as well as its reproductive period based on the combined analysis of the presence of ovigerous females and the development of the gonad. The collections were carried out monthly from January to December 2000 in the region of Ubatuba (SP), using a fishing boat equipped with two double rig nets, in isobaths of 5, 10, 15, 20, 25, 30, 35 and 40 m, at which depths samples of sediment and water were collected. The cephalothoracic shield length and sex of the animals were determined; the abdomen was dissected to verify gonad development stages. A total of 334 individuals was obtained ( 196 males, 48 ovigerous females and 90 non-ovigerous females) with sizes varying from 3.0 to 8.6 mm (5.7 +/- 1.0 mm). A greater abundance of L. loxochelis (95.2%) was observed at depths of 20 and 25 m. These sites mainly revealed a substratum stable with a very fine sand fraction, which facilitates the habit of embedding shown by this hermit. With regard to gonadal analysis, it was possible to classify four gonad development stages for each sex: immature, rudimentary, developing and developed. It was observed that in the winter months about 71% of the females had gonads either developing or developed and 67% were ovigerous. Therefore, the winter period can be considered the peak of reproduction for this species, characterizing a typical seasonal-continuous reproduction.

Abundance and ecologic distribution of the shrimp Rimapenaeus constrictus (Crustacea : Penaeidae) on the northern coast of São Paulo State, Brazil

The abundance and ecologic distribution of the shrimp R. constrictus were compared among three different embayments within the northern coast of São Paulo State (23degreesS, 45degreesW); i.e. Mar Virado (MV), Ubatuba (UBA) and Ubatumirim (UBM). Key environmental factors were monitored for a better understanding of the distributional patterns of this species, namely temperature, salinity, depth, organic matter content and texture of sediments. In each bay, six transects were delimited, four parallel to the coastline and the other two in areas adjacent to rocky shores. Monthly samples were taken over a 2-year period (1998 and 1999), using a shrimp fishing boat equipped with double-rig nets. Abundance data were treated separately according to environmental characteristics. A total of 4978 specimens was obtained; 921 at MV, 1948 at UBA and 2109 at UBM. The spatial distribution of R. constrictus differed among bays. Higher abundance values were recorded at areas where silt and clay comprised less than 70% of the sediment. A more diversified sediment at UBM and UBA apparently favours the establishment of this species in the region. Its abundance also followed a seasonal trend, higher during spring and summer when intrusions of cold South Atlantic Coastal Waters (SACW) are frequent, promoting the migration of this shrimp to more sheltered areas. These results suggest that sediment type and temperature are the most important variables affecting the spatial and seasonal distribution of this species.

Annual, seasonal and spatial variation of abundance of the shrimp Artemesia longinaris (Decapoda : Penaeoidea) in south-eastern Brazil

The influence of several environmental factors oil the abundance and spatial-temporal distribution of the shrimp Artemesia longinaris were investigated from January 1998 to December 1999 in the Ubatuba region of São Paulo State, Brazil. Collections were performed monthly in the bays of Ubatumirim (UBM), Ubatuba (UBA) and Mar Virado (MV). Six sampling transects were estabilshed in each bay, four were parallel to the shore line, and two were next to the rocky shores. A commercial shrimp fishing boat equipped with two 'double-rig' nets was used. A total of 11,503 individuals was collected, including 1633 from UBM, 6344 from UBA and 3526 from MV the majority of the captured specimens came from the deeper areas (15 to 20 m) with high salinity (34 to 36 ppt). The highest abundance of A. longinaris in Ubatuba bay was recorded in areas where fine and very fine sand comprised more than 70% of the sediment. Moreover, the abundance of A. longinaris followed a seasonal trend, being higher during the summer, when intrusions of cold South Atlantic Coastal Waters (SACW) are frequent. Thus, type of sediment, temperature and salinity are determinant factors in the distribution of A. longinaris in the studied region.

Occurrence of shrimp species (Crustacea : Decapoda : Natantia : Penaeidea and Caridea) in Ubatuba Bay, Ubatuba, SP, Brazil

The species composition of Penaeidea and Caridea shrimp was studied in Ubatuba Bay, São Paulo, Brazil. Samples were taken monthly from September 1995 to August 1996, using two double-rig trawling nets. A total of 21 marine shrimps species were obtained, belonging to eight families. Sergestoids were represented by a single species of Sergestidae, while penaeoids comprised three families, Penaeidae, Sicyoniidae and Solenoceridae. Caridea shrimps belonged to two superfamilies, the Palaemonoidea, represented by Palaemonidae; and Alpheoidea by three families, Alpheidae, Ogyrididae and Hippolytidae. Sicyonia laevigata Stimpson, 1871 and Nematopalaemon schmitti (Holthuis, 1950) represent first records in São Paulo State, Brazil.

Patterns of shell utilization in Petrochirus diogenes (Decapoda, Anomura, Diogenidae) in the Ubatuba region, São Paulo, Brazil

The objective of this study is to investigate the patterns of shell utilization in Petrochirus diogenes in the Ubatuba region, SP, Brazil. Hermit crabs were obtained from 1993 to 1996 with the aid of a shrimp fishery boat equipped with two double-rigged trawling nets. Shells were identified and weighed, and their maximum aperture width was measured. Hermit crabs were weighed, and their shield length was recorded. A total of 634 P. diogenes specimens, occupying shells of 12 gastropod species, was obtained. The shells of Tonna galea, Zidona dufresnei and Strombus pugilis were the most frequently occupied, the first marked by its larger aperture width and lower average weight. Small hermit crabs inhabited a wide variety of gastropod shells due to their higher availability. However, the utilization of T. galea shells became predominant as the crabs attained larger sizes. Differences in weight and aperture width are known to encourage certain shell utilization patterns and may affect growth and reproduction of hermit crabs.