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.

O regime jurídico da propriedade produtiva no direito brasileiro

Coordenação de Aperfeiçoamento de Pessoal de Nível Superior (CAPES)

Perspectivas para uma teoria geral dos novos direitos: uma leitura crítica sobre a biodiversidade e os conhecimentos tradicionais associados

Coordenação de Aperfeiçoamento de Pessoal de Nível Superior (CAPES)

Assessment of the damage caused by flood rains and landslides in association with hurricane Michelle, october 2001: implications for economic, social and environmental development

Preface This study was prepared for the Government of Jamaica following the significant physical damage and economic losses that the country sustained as a result of flood rains associated with the development of Hurricane Michelle. The Planning Institute of Jamaica (PIOJ) submitted a request for assistance in undertaking a social, environmental and economic impact assessment to the Economic Commission for Latin America and the Caribbean (ECLAC) on 14 November 2001. ECLAC responded with haste and modified its work plan to accommodate the request. A request for training in the use of the ECLAC Methodology to be delivered to personnel in Jamaica was deferred until the first quarter of 2002, as it was impossible to mount such an initiative at such short notice. This appraisal considers the consequences of the three instances of heavy rainfall that brought on the severe flooding and loss of property and livelihoods. The study was prepared by three members of the ECLAC Natural Disaster Damage Assessment Team over a period of one week in order to comply with the request that it be presented to the Prime Minister on 3 December 2001. The team has endeavoured to complete a workload that would take two weeks with a team of 15 members working assiduously with data already prepared in preliminary form by the national emergency stakeholders. There is need for training in disaster assessment as evidenced by the data collected by the Jamaican officials engaged in the exercise. Their efforts in the future will be more focused and productive after they have received training in the use of the ECLAC Methodology. This study undertakes a sectoral analysis leading to an overall assessment of the damage. It appraises the macroeconomic and social effects and proposes some guidelines for action including mitigating actions subsequent to the devastation caused by the weather system. The team is grateful for the efforts of the Office of Disaster Preparedness and Emergency Management (ODPEM), the associated government ministries and agencies, the Statistical Institute of Jamaica (STATIN), the Planning Institute of Jamaica and the Inter American Development Bank (IDB) for assistance rendered to the team. Indeed, it is the recommendation of the team that STATIN is poised to play a pivotal role in any disaster damage assessment and should be taken on board in that regard. The direct and indirect damages have been assessed in accordance with the methodology developed by ECLAC (1). The results presented are based on the mission's estimates. The study incorporates the information made available to the team and evidence collected in interviews and visits to affected locations. It is estimated that the magnitude of the losses exceeds the country's capacity to address reparations and mitigation without serious dislocation of its development trajectory. The government may wish to approach the international community for assistance in this regard. This appraisal is therefore designed to provide the government and the international community with guidelines for setting national and regional priorities in rehabilitation and reconstruction or resettlement programmes. A purely economic conception of the problem would be limited. A more integrated approach would have a human face and consider the alleviation of human suffering in the affected areas while attending to the economic and fiscal fallout of the disaster. Questions of improved physical planning, watershed management, early warning, emergency response and structural preparedness for evacuation and sheltering the vulnerable population are seen as important considerations for the post disaster phase. Special attention and priority should be placed on including sustainability and increased governance criteria in making social and productive investments, and on allocating resources to the reinforcing and retrofitting of vulnerable infrastructure, basic lifelines and services as part of the reconstruction and rehabilitation strategy. The Jamaican society and government face the opportunity of undertaking action with the benefit of revised paradigms, embarking on institutional, legal and structural reforms to reduce economic, social and environmental vulnerability. The history of flood devastation in the very areas of Portland and St. Mary shows a recurrence of flooding. Accounts of flooding from the earliest recorded accounts pertaining to 1837 are available. Recurrences in 1937, 1940, 1943 and 2001 indicate an ever-present probability of recurrence of similar events. The Government may wish to consider the probable consequences of a part of its population living in flood plains and address its position vis-à­¶is land use and the probability of yet another recurrence of flood rains. (1) ECLAC/IDNDR, Manual for estimating the Socio-Economic Effects of Natural Disasters, May,1999.

The right to education: An unfinished task for Latin America and the Caribbean

The right to education.Our newsletter once again takes on the challenges set forth by the Millennium Declaration and the human rights approach embedded in the Convention on the Rights of the Child. In this issue, we will examine the right of children and adolescents to education.

Adolescents and the right to education

The inalienable right of all people to education is enshrined in various international covenants, conventions and agreements, yet the actual fulfilment of this right varies in quantity and quality from one country to the other. On average, the compulsory length of schooling in the countries of the region is 10 years. Half of these countries have already made all secondary education mandatory, which is eminently reasonable since it is commonly accepted as a minimum threshold for lifelong well-being and skills-building. The main article in this edition of Challenges discusses this subject in depth, and shows how far behind we are in ensuring that all adolescents have access to the education to which they are entitled. It focuses on the low secondary school-completion rate and low level of learning acquisition, the strong socioeconomic and sociocultural stratification, the lack of citizenship skills, and the persistence of a relatively high dropout rate at all levels of secondary education. The main challenge in guaranteeing the right to education lies in reducing learning and attainment gaps by helping the groups that are presently lagging behind the most. As is customary, there are also reports on relevant meetings and conferences held in the region over the past half-year, together with the opinions of experts and adolescents and success stories in promoting school attendance in Uruguay and the Dominican Republic.

Escalonamento de tarefas em sistemas distribuídos baseado no conceito de propriedade distribuída

Coordenação de Aperfeiçoamento de Pessoal de Nível Superior (CAPES)

O trabalho escravo contemporâneo como fator de descumprimento da função social da propriedade rural

Pretende-se analisar o descumprimento da função social da propriedade rural vinculada à redução de trabalhadores à condição análoga a de escravos, tendo em vista que a Constituição Federal de 1988 elegeu a dignidade da pessoa humana como fundamento do Estado Democrático de Direito, bem como trouxe no rol dos requisitos para o cumprimento da função social da propriedade rural, art. 186, a observância das disposições que regulam as relações de trabalho e a exploração que favoreça o bem estar dos proprietários e dos trabalhadores. A função social da propriedade rural é vista neste estudo como elemento inerente ao atual conceito de direito de propriedade. Ao considerarmos a função social da propriedade como estrutural ao direito de propriedade, isto é, o direito de propriedade agrária existe para cumprir uma função necessária à sociedade, a inobservância desta sócio-funcionalidade leva à própria extinção do direito em questão, fato este que na prática retira do Estado a obrigação de proteger a condição de proprietário do descumpridor. Neste sentido, a desconstituição do direito de propriedade sobre as terras onde ocorra o trabalho escravo contemporâneo, seria uma proposta à reconstrução da dogmática do direito de propriedade rural. Nestes termos, a abordagem tem por objetivo, a partir da Carta Republicana de 1988, a releitura de valores, conformadores do conteúdo do direito de propriedade e da dignidade da pessoa humana. O capítulo I retrata o trabalho escravo contemporâneo e sua relação com as atividades produtivas na região amazônica. O Capítulo II analisa o Trabalho Escravo Contemporâneo como prática criminalizada no Art. 149 do CPB, bem como a mudança de paradigma com a alteração da redação da legislação ocorrida em 2003. O capítulo III aborda o método sistemático de interpretação constitucional sob o enfoque axiológico teleológico. O capítulo IV evidencia a dignidade humana como diretriz e norma constitucional, principal valor violado na prática do trabalho escravo contemporâneo. Por fim, o capítulo V revela os fundamentos do direito de propriedade a partir da atual hermenêutica constitucional, diferenciando-o de seu padrão individualista, o que leva a breve exposição sobre a diferença entre desapropriação e desconstituição do direito de propriedade rural pela prática do trabalho escravo contemporâneo.

Ordering of representational level adverbial modifiers in spoken Brazilian Portuguese

Supported by the Functional Discourse Grammar theoretical model, as proposed by Hengeveld (2005), this paper aims to show that the order of modifiers of the Representational Level in spoken Brazilian Portuguese is determined by scope relations according to the layers of property, state-of-affairs and propositional content. This kind of distribution indicates that, far from being free-ordered as suggested by traditional grammarians, modifiers have a preferred position determined by semantic relations that may be only changed for pragmatic and structural reasons.

A Rechtslehre e a filosofia da história

The text is divided in two phases. In the first phase, consisting of three parts, the main concepts of Kant’s Doctrine of Right are considered in a comprehensive approach related to: the issue of the relations between natural right and positive right, problem closely connected to that of the relations between natural state and civil state, private right and public right; to the doctrine of property and its connection with political right. On treating the right in its several types, we intend to appoint the practical reasoning as a background of the Doctrine. In the second phase, concerning its last section, the consideration on the presence of the practical reasoning into the right is placed before some speci!cities of Kant’s phylosophy of history, with the intent of establishing the possible relation between Rechtslehre and that philosophy.

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.

Licenciamento provisório da patente: inibidores de protease no tratamento da Hepatite C crônica

Pós-graduação em Pesquisa e Desenvolvimento (Biotecnologia Médica) - FMB

United States v. Steinmetz: The Legal Legacy of the Civil War, Revisited

One of the enduring and yet unresolved issues concerning the Civil War is its legal nature: Was it an insurrection or an international war? During the war and since, the United States courts have repeatedly been called upon to determine the status of property which was under the control of the Confederacy and its agents during the Civil War. In the process of making such determinations, the courts have reopened questions about the war's legal status. United States v. Steinmetz is such a case.

A property rights approach to strategy

This article is about how resources can be conceptualized as bundles of attributes for which one can assign economic property rights. Strategic considerations are deliberately incorporated into the analysis through the assessment of the activities of capture and protection of property rights, along with the examination of the institutional environment. These basic elements combine in order to design an approach to strategy. In developing this approach, the authors identify four key questions for structuring the strategy formulation process of the firm. The analytical framework is illustrated through a particular case: the collection of royalties on the genetically modified (GM) technology in soybean seeds.

A fragment-based approach for the in silico prediction of blood-brain barrier permeation

Blood-brain barrier (BBB) permeation is an essential property for drugs that act in the central nervous system (CNS) for the treatment of human diseases, such as epilepsy, depression, Alzheimer's disease, Parkinson disease, schizophrenia, among others. In the present work, quantitative structure-property relationship (QSPR) studies were conducted for the development and validation of in silico models for the prediction of BBB permeation. The data set used has substantial chemical diversity and a relatively wide distribution of property values. The generated QSPR models showed good statistical parameters and were successfully employed for the prediction of a test set containing 48 compounds. The predictive models presented herein are useful in the identification, selection and design of new drug candidates having improved pharmacokinetic properties.