Democracia participativa e regulação econômica: uma questão de legitimidade

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

A objetivação do controle concreto de constitucionalidade nas decisões do Supremo Tribunal Federal

The independence of the United States and the revolutions that emerged in Europe in the eighteenth century led to the birth of the written constitution, with a mission to limit the power of the State and to ensure fundamental rights to citizens. Thus, the Constitution has become the norm and ultimate founding of the State. Because of this superiority felt the need to protect her, emerging from that constitutional jurisdiction, taking control of constitutionality of provisions his main instrument. In Brazil, the constitutionality control began with the Constitution of 1891, when "imported" the American model, which is named after incidental diffuse model of judicial review. Indeed, allowed that any judge or court could declare the unconstitutionality of the law or normative act in a concrete case. However, the Brazilian Constituent did not bring the U.S. Institute of stare decisis, by which the precedents of higher courts eventually link the below. Because of this lack, each tribunal Brazilian freely decide about the constitutionality of a rule, so that the decision took effect only between the parties to the dispute. This prompted the emergence of conflicting decisions between judicantes organs, which ultimately undermine legal certainty and the image of the judiciary. As a solution to the problem, was incorporated from the 1934 Constitution to rule that the Senate would suspend the law declared unconstitutional by the Supreme Court. With the introduction of abstract control of constitutionality, since 1965, the Supreme Court went on to also have the power to declare the invalidity of the provision unconstitutional, effectively against all without the need for the participation of the Senate. However, it remained the view that in case the Supreme Court declared the unconstitutionality of the fuzzy control law by the Senate would continue with the competence to suspend the law unconstitutional, thus the decision of the Praetorium Exalted restricted parties. The 1988 Constitution strengthened the abstract control expanding legitimized the Declaratory Action of Unconstitutionality and creating new mechanisms of abstract control. Adding to this, the Constitutional Amendment. No. 45/2004 brought the requirement of general repercussion and created the Office of Binding Precedent, both to be applied by the Supreme Court judgments in individual cases, thus causing an approximation between the control abstract and concrete constitutional. Saw themselves so that the Supreme Court, to be the guardian of the Constitution, its action should be directed to the trial of issues of public interest. In this new reality, it becomes more necessary the participation of the Senate to the law declared unconstitutional in fuzzy control by the Supreme Court can reach everyone, because such an interpretation has become obsolete. So, to adapt it to this reality, such a rule must be read in the sense that the Senate give publicity to the law declared unconstitutional by the Supreme Court, since mutated constitutional

Regime constitucional do direito privado das organizações religiosas

In Brazil, constitutional clauses regarding religious freedom have concrete applications in Private Law. Church-State Law, or "Ecclesiastical Law of the State," studies the legal principles which may be applicable to religious activity, exercised individually and collectively. The study of Church-State Law in Brazil lacks a thorough introduction to the constitutional and civil aspects of religious organizations: such an introduction is the main end of this work. Following a brief introduction, the main aspects of religious freedom and the principle of private autonomy as it concerns religious organizations are explained. A careful introductory analysis of Church-State Law in Brazil is thus developed: (1) the historical aspects, including a detailed account of the relations between Catholicism, the established religion up to 1889, and the government; (2) the current constitutional principles, as presented in the text of the federal Constitution of 1988, regarding the rights and claims of religious organizations; (3) how the same constitutional principles are to be used in the interpretation of Private Law (especially the Civil Code of 2002), fostering and preserving the uniqueness of religious organizations in the Brazilian legal system. A brief complementary chapter presents some aspects of the legal position of religious institutions in three other nations whose constitutional documents have influenced the current Brazilian federal Constitution (France, Spain, and the United States)

Saída compulsória do estrangeiro do território nacional à luz dos direitos humanos: análise de casos

This paper aims to review traditional concepts inherent to the general theory of the state and human rights, relating to the legal situation of foreign, understood as the subject of rights, especially when the is case of compulsory legal imposition of exit from national territory. After the serious violations during the Second World War and the importance acquired by the International Law of Human Rights, values as dignity, justice and equality are enshrined in the legal system and its respect required beyond the boundaries of any country. The creation of an international community, which is governed by rules that its members are subordinated, without distinction, as well as state - based on volunteerism, become inspired by one principled nature of these new concepts required of Global Society, as well as the adoption, influenced by neoconstitutionalism, to the model of State Constitutional rule of law, are opposed to the idea of state sovereignty connected to a superiority, absolute and unlimited power which recognizes no other above it, not even the basic principles or axioms that must govern the relationships internally. So looks for a concept of state that includes all the requirements of a democratic society, that have the people as the power holder, understanding that state element has undergone a relativization, because had to adapt to the contemporary values applicable to the individual, inserting in its concept, the indispensable obligation to protect the inalienable rights of citizens, regardless of with whom he have legal and political bond of nationality. It happens that, to consecrate these privileges to individuals, which, because they contain reference to values with supranational characteristics, are very abstract and are in constant collision course with internal rules, making it difficult to reconcile, it will use hermeneutics of human rights, due mainly to international courts, correlated with constitutional exegesis, in particular, legal principiologia, using, among others, the principles of reasonableness and proportionality, the systematic interpretation of the Constitution and international legal standards. Thus, it seek to enshrine the common foundation of all law , the link between the systems, namely, the dignity of human beings. Finally, it will see if Brazilian jurisdiction, through case studies, is tuned in line with these new paradigms, and in line with the International Bill of Human Rights, the Federal Constitution, the values and principles she hired

Hermenêutica constitucional e fficácia dos Direitos Sociais

The present research has, as general objective, to seek a constitucional hermeneutics directed toward the improvement of the efficacy of the social rights rules, with the purpose to solve the elapsins problems from the general picture of its inefficiency, which are disposed on the Constitution, in its ample majority, as mere regular norms. Leaving of the premise that no Constitutional norm can be without being materialized and the true development of the State is it the social one (based on the principles of freedom, equality and solidarity), it will be demonstrated that the arguments in favor of the legislative inefficiency configure a true blow on the Democratic State of Brazilian Law. For this, it will be done, preliminarily, a study of the basic rights, legal category where it is found the social rights. To follow, it will be analyzed the hermeneutics of the legal norms, with emphasis on the specifics of the constitutional hermeneutics and its methods of interpretation. Finally, the aspect on the improvement of efficacy and the effectiveness of the social rights will be studied, through a new readind of certain dogmas that still persist in the legal world, being distinguished the institutiones of the reserve of the possible and the existential minimum. Ahead of this, after verifying the new paradigmas of the interpretable activity, will be demonstrated how it is possible to get an upgrade on the effectiveness of the social rights

Interpretation of Resistivity Piezocone Tests in a Contaminated Municipal Solid Waste Disposal Site

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

A geometric interpretation for transmission real losses minimization through the optimal power flow and its influence on voltage collapse

This work presents an approach for geometric solution of an optimal power flow (OPF) problem for a two bus system (a slack and a PV busses). Additionally, the geometric relationship between the losses minimization and the increase of the reactive margin and, therefore, the maximum loading point, is shown. The algebraic equations for the calculation of the Lagrange multipliers and for the minimum losses value are obtained. These equations are used to validate the results obtained using an OPF program. (C) 2002 Elsevier B.V. B.V. All rights reserved.

Ação de impugnação de mandato eletivo: análise constitucional e novas perspectivas

This study is developed in setting in which the Federal Constitution of 1988 completed 22 years of validity, as well as in general elections (national and state) in country. From this perspective, there are multiple reflections, especially on the constitutional mechanisms of popular sovereignty consolidation, the integrity and legitimacy of elections and democracy itself. It has appeared timely, therefore, to examine the development of ensured instrument of these precepts. Thus, it is approached as an object of research to Action of Impugnation to the Elective Mandate- AIEM, under Art.14, § 10 and § 11 of the Constitution of 1988, considering its constitutional and electoral reasons. It is then aimed to review the second AIEM conceptions of scale, systematic interpretation, preservation of constitutional rights and its effectiveness. Specifically, it is analyzed the Action as to the forms of power that relate to this. then it is examined the democracy principal aspects related to the issue. Without being followed, it is the democratic situation in which it is operated. They are also examined the political rights, especially regarding restraint applied to ineligibility and the possibility of integrating the effects of an impugnatory origin. Following, it has been discussed the formation of an early panorama, consisting of constitutional principles applied to electoral constituencies and eminently procedural principles and, according to which subsidizes the operations of such Action. After that, addressing the Election Law, including its concept, its sources, the Electoral Court and its peculiarities and functions. It is also considered the elective office as to its definition, characteristics and ways of accessing and extinguishing it. Afterwards, the Action of Impugnation is studied from its historical evolution of laws, legal, concept and goals. Expanding on the theme, it s highlighted about their chances of traditional appropriateness (economic power abuse, corruption and fraud) and modern (abuse of economic power intertwined with political) business, including the suggestion of suitability in case of abuse of unique political power. It was also identified the injurious potential demand affecting these illicit to enable the Action. Subsequently, other relevant aspects were explored, such as the legitimacy ad causam, competence, secrecy, procedure, recklessness, bad faith, the purpose of the merits and manageable resources. In the end, it is demonstrated an evolution of AIEM, however, still insufficient to reach full intentions that rise it. It is proposed therefore to re-read the action from news perspectives, based on constitutional and electoral precepts, as well as wider interpretation of the appropriateness of their assumptions of suitability and effects, according to a systematic interpretation, all aimed at the preservation of constitutional rights and their own effectiveness

Hemangioendothelioma of bone in a patient with a constitutional supernumerary marker

A 13-year old girl was diagnosed as having a bone hemangioendothelioma. Cytogenetic studies identified the presence of a small supernumerary marker chromosome in this patient. Classical cytogenetic methods using G-, C-, Ag-NOR-banding were supplemented by spectral karyotyping (SKY) and fluorescence in situ hybridization to reveal a karyotype 47,XX,+mar.ish der(22)(D22S543+) karyotype in cells derived from the tumor and lymphocytes. These findings suggest that the supernumerary marker chromosome originated from the proximal centromeric region of chromosome 22, and that trisomy of the region 22q11: was not associated with adverse phenotypic effects, but that the presence of trisomy 22q11 may be related to the development of this tumor. (C) Elsevier B.V., 1999. All rights reserved.

Major developments in conulariid research: problems of interpretation and future perspectives

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

Status of a hybrid three-neutrino interpretation of neutrino data

We re-analyse the non-standard interaction (NSI) solutions to the solar neutrino problem in the light of the latest solar as well as atmospheric neutrino data. The latter require oscillations (OSC), while the former do not. Within such a three-neutrino framework the solar and atmospheric neutrino sectors are connected not only by the neutrino mixing angle theta(13) constrained by reactor and atmospheric data, but also by the flavour-changing (FC) and non-universal (NU) parameters accounting for the solar data. Since the NSI solution is energy-independent the spectrum is undistorted, so that the global analysis observables are the solar neutrino rates in all experiments as well as the Super-Kamiokande day-night measurements. We find that the NSI description of solar data is slightly better than that of the OSC solution and that the allowed NSI regions are determined mainly by the rate analysis. By using a few simplified ansatzes for the NSI interactions we explicitly demonstrate that the NSI values indicated by the solar data analysis are fully acceptable also for the atmospheric data. (C) 2002 Elsevier B.V. B.V. All rights reserved.

Strings in horizons, dissipation and a possible interpretation of the Hagedorn temperature

We consider the entanglement of closed bosonic strings intersecting the event horizon of a Rindler spacetime, and, by using some simplified (rather semiclassical) arguments and some elements of the string field theory, we show the existence of a critical temperature beyond which closed strings cannot be in thermal equilibrium. The order of magnitude of this critical value coincides with the Hagedorn temperature, which suggests an interpretation consistent with the fact of having a partition function that is ill defined for temperatures higher than it. Possible implications of the present approach for the microscopical structure of stretched horizons are also pointed out.

A laboratory study of the transfer of U-234 and U-238 during water-rock interactions in the Carnmenellis granite (Cornwall, England) and implications for the interpretation of field data

Laboratory time-scale experiments were conducted on gravels from the Carnmenellis granite, Cornwall, England, with the purpose of evaluating the release of natural uranium isotopes to the water phase. The implications of these results for the production of enhanced U-234/U-238 activity ratios in Cornish groundwaters are discussed. It is suggested that the U-234/U-238 lab data can be used to interpret activity ratios from Cornwall, even when the observed inverse relationship between dissolved U and U-234/U-238 in leachates/etchates is taken into account. (C) 2001 Elsevier B.V. Ltd. All rights reserved.

A idéia de império e a fundação da monarquia constitucional no Brasil (Portugal-Brasil, 1772-1824)

Cet article met les conceptions et projets politiques ayant trait au processus conduisant à la constituion impériale brésilienne de 1824 dans un contexte historique dont le pont de départ est la notion d'empire civil, telle qu'elle se développa lors de la réorganisation politico-administrative du royaume et de l'empire du Portugal au XVIIIe siècle. Le texte montre qu'avec le couronnement de Pierre I on fit un usage moderne d'une institution ancienne, le sacre royal, ce qui servit à étayer une sujection politique fondée sur la raison universelle humaine. Cette étude permet de comprendre pourquoi le Brésil indépendant fut pour commencer un empire, pas un royaume, ainsi que le sens profond du pouvoir modérateur attribué à l'empereur par la constitution de 1824.