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

Direitos da personalidade: uma análise acerca da concretização da tutela constitucional

It dares to ensure that the Constitution of the Republic strengthened the rights of personality. No longer considering the denial of protection to intangible rights, against the imperative command coming from the art. 5 ° of our highest law, relevant to items V and X. Overlooking these emerge with precision, those rights of personality. Innocuous have been isolated attempts of the opposition to this constitutional protection. Deny it, or rather to restrict it, as it has done insignificant part of the doctrine and isolated judgmental pronouncements, no longer prove appropriate. Today, more than before, there is pointed out that if the human being has personal rights acquired from the design, adding to this other identity elements that allow the projection of a particular social personality. Such rights, it is worth mentioning, there are bases on the principle of human dignity that is considered general provision for the protection of personality. Based on the demonstration of this fact, after climbing into the general theory of personal rights and demonstrate the legal protection that has been present in his favor, it is hoped will, general objective, to show the effectiveness of this constitutional protection. At that point, will be reserved for special to the procedural tools that it has made a decisive contribution to the realization and effectiveness of the rights of the personality, a reality that must be imposed for the benefit of the dignity of the human person, presented here as basic foundation of the Democratic State of Law. The brazilian legal system provides the normative basis needed to provide an adequate protection to personality, from the general clause of the protection of the personality. For the achievement of its effectiveness, however, is an important update methodological and cultural of the Right as well as an effective deployment of public policies and private ensuring a better quality of life for citizens

Qualidade do gasto público em educação para os municípios da região metropolitana de Natal-2007

The aim of this thesis is to evaluate the quality of public spending on education for the municipalities of the Metropolitan Region of Natal (RMN) in 2009 by use of two theories: The Theory of Welfare (Welfare State) and the Public Choice Theory (TEP), both important to understand the relationship between education and economics. The study also uses principles of microeconomics and public sector economics to get a better idea of the role of education in economy and society. It describes the development of the educational policy in Brazil from 1988 to the Federal Constitution of 2010, following the major changes in basic education during each government. The characteristics of the RMN municipalities were illustrated with socioeconomic indicators, while educational indicators were used to characterize each municipality regarding education. The model used in this study was developed by Bertê, Brunet and Borges, the data was collected on the back of the School Census 2009 and the Brazil Exam 2009 and it was processed quantitavely in the Information System on Public Budgets in Education (SIOPE) by use of the statistical method called standardized score of the normal cumulative distribution function. The quality of public spending on education is the result of the relation between performance indicator ratio and expense ratio. For the qualitative analysis of results, the criteria of efficiency, efficacy and effectiveness were used. The study found that municipalities with higher expenses showed a worse quality of spending and failed to convert the expenditure incurred into performance, thus confirming ineffectiveness

A constituição de identidades de mulheres : práticas discursivas e relações de poder

This research investigates the discursive constitution of identities; in spe-cial, it aim to problematize women identities constitution, pointing discursive prac-tices and power relations which involve them. The interviewed subjects had been adult women who had resumed their school trajectory, after certain period without frequenting educational establishments. Aware of that those identities can be per-ceived through the observations of the discursive practices, we question: which discursive practices and power relations involve and constitute those women? Which identity positionings they take through the discursive practices and power relations that include them and that are identified in their stories? Which linguistic marks characterize, in the speech of those women, forms of resistance in the con-stitution of identities? We intend to investigate the constitution of woman identities in the contemporanity; pointing discursive practices and power relations which in-volve women that converge to their identity constitution; exploring in the linguistic materiality effects of senses that emanate of the discursive practices and power relations which involve the collaborators in the identity constitution in private and public spaces. Research corpus is composed by stories of life granted by three women, collected through semidirected interview between 2004 and 2005. To ana-lyze the data, we base in authors as Pêcheux (1993; 2002), Foucault (1979; 1988; etc.), Butler (2003), Scott (1992; 1995), Hall (2000; 2004; 2005), Bauman (1999; 2005), among others that problematize questions as discourse, identity, social gender, power and its interfaces. The life stories had allowed to analyze: the gen-der identity constitution from discursive practices and relations of forces lived in the familiar scenery; assumed identity positionings from discursive practices in globalized urban contexts; power positions in the domestic and extradomestic sphere and new identity positionings

Intraspecific Variation of Biological Activities in Venoms from Wild and Captive Bothrops jararaca

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

Amblyomma triste (Koch, 1844) (Acari : Ixodidae): Morphological description of the ovary and of vitellogenesis

The present study presents the morphology, histology, and the dynamics of vitellogenesis in females of the tick Amblyomma triste. The ovary in this species is of the panoistic type, therefore it lacks nurse cells. It is composed of a layer of epithelial cells that outwardly form the wall of the ovary, but also originate the pedicel, the structure that attaches the oocytes to its external margin, as well the oocytes themselves. In Amblyomma triste, the oocytes develop in four synchronic stages, which differs from the process in other tick species. The classification of the stages of the oocytes was carried out based on the presence of four morphologic characteristics: cytoplasm appearance; site of the germ vesicle; presence, quantity, and constitution of the yolk granules and presence of chorium. (c) 2006 Elsevier B.V. All rights reserved.

Lipid distribution in salivary glands of larvae and adult bees (Hymenoptera : Apidae)

Cytochemical studies were carried out to establish lipid distribution in the salivary glands of larvae and adult bees, using the imidazole buffer technique. In the duct cells of the larval salivary gland, the reaction was positive in the epicuticle and negative in the glandular lumen. The absence of smooth endoplasmic reticulum and the presence of lipids in the intercellular space suggest that lipids absorbed from the haemolymph could be used in the constitution of the epicuticle, after having been conveyed through the epithelium. In adult workers (new-emerged, nurse and forager workers), the head salivary glands presented a positive reaction in the secretion in glandular lumen, identifying its lipidic nature.

Determination of the antimutagenicity of an aqueous extract of Rhizophora mangle L. (Rhizophoraceae), using in vivo and in vitro test systems

An aqueous extract of Rhizophora mangle L. bark is used as raw material in pottery making in the State of Espirito Santo, Brazil. This extract presents large quantities of tannins, compounds possessing antioxidant properties. Tannin antioxidant activity, as a plant chemical defense mechanism in the process of stabilizing free radicals, has been an incentive to studies on anti-mutagenicity. The present work aimed to evaluate possible antimutagenic activity of a R. mangle aqueous extract, using the Allium cepa test-system and micronuclear (MN) assay with blockage of cytokinesis in Chinese hamster ovary cells (CHO-K1). The Allium cepa test-system indicated antimutagenic activity against the damage induced by the mutagenic agent methyl methanesulfonate. A reduction in both MN cell frequency and chromosome breaks occurred in both the pre and post-treatment protocols. The MN testing of CHO-K1 cells revealed anti-mutagenic activity of the R. mangle extract against methyl methanesulfonate and doxorubicin in pre, simultaneous and post-treatment protocols. These results suggest the presence of phyto-constituents in the extract presenting demutagenic and bio-antimutagenic activities. Since the chemical constitution of Rhizophora mangle species presents elevated tannin content, it is highly probable that these compounds are the antimutagenic promoters themselves.

2060 Chiron back to a minimum of brightness

The results of photometric observations of comet/steroid 2060 Chiron at the Observatorio do Pico dos Dias (Brazil - OPD) and the Observatoire de Haute-Provence (France - OHP) during 1994 and 1995 are presented. The analysis of the data shows a decrease of 2060. Chiron brightness from its peak values of 1988-1991. The absolute magnitude, H-V, varies from a maximum of 6.6 in February 1994 up to a minimum of 6.8 in June 1995. Therefore 2060 Chiron is back to a minimum of activity close to that of 1983-1985. The slope parameter G is found to be G = 0.71 +/- 0.15. It is suggested that the H-G magnitude system, generally adopted to present 2060 Chiron brightness, is not the most appropriate due to the cometary activity of this object. Copyright (C) 1996 Elsevier B.V. Ltd.

Automatic identification of terpenoid skeletons by feed-forward neural networks

Feed-forward neural networks (FFNNs) were used to predict the skeletal type of molecules belonging to six classes of terpenoids. A database that contains the (13)C NMR spectra of about 5000 compounds was used to train the FFNNs. An efficient representation of the spectra was designed and the constitution of the best FFNN input vector format resorted from an heuristic approach. The latter was derived from general considerations on terpenoid structures. (c) 2006 Elsevier B.V. All rights reserved.

CYTOGENETIC ANALYSIS OF THE PAMPAS DEER, OZOTOCEROS-BEZOARTICUS (MAMMALIA, CERVIDAE)

The chromosome constitution of five males and three females of the Pampas deer (Ozotoceros bezoarticus) coming mainly from the region of Corumba-MS, was studied. The diploid number of the species was reconfirmed as 68 chromosomes with Fundamental Number (FN) = 74. The X chromosome was the largest and the Y the smallest in the genome. Constitutive heterochromatin demonstrated by C banding was present in the centromeric region of all chromosomes, except in pair number two, which had none, and in chromosome X which had a stained region in the telomere on the long arm, Chromosomes pairs 3 and 4 bore Ag-NORs. The banding patterns differed from those of previous reports for this species. This may be due to subspecific differences.

Morphological and Histochemical Characterization of Gill Filaments of the Brazilian Endemic Bivalve Diplodon expansus (Kuster, 1856) (Mollusca, Bivalvia, Hyriidae)

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

Cytogenetic analysis of the Marsh Deer, Blastocerus dichotomus (Mammalia, Cervidae)

The chromosomic constitution of the Marsh Deer (Blastocerus dichotomus) was studied in 18 males and 18 females, mainly from the Tiete river basin in Sao Paulo State, Brazil. The species diploid number was determined to be 66 chromosomes and the fundamental number (FN), 74. The X and the Y were the largest and the smallest chromosome, respectively. Large amounts of the constitutive heterochromatin marked by the C band were located in the centromeric region of all the acrocentric chromosomes. The first chromosome pair was not marked and the second and third pairs showed weak centromeric markings. The X chromosome showed two strong telomeric markings while the Y was C band negative. Chromosomes four and five were the NOR carriers. Polymorphism for this band was observed in pair four. The results of this study are in agreement with other reports in the literature, in spite of the different origin of the animals.

Structural characteristics of the superior venae cavae wall at the intrapericardium segment in adults and aging individuals

The authors admit that the conjunctive-muscular constitution of the walls of the superior venae cavae throughout the length of the intrapericardium segment and the debouchement in the right atrium, associated with the presence of a myocardium sheath can be made up of a functional device of sphincter form able to act on the control of the blood flow to the interior of the arterial chamber as well as stopping blood flow during the arterial systole. The fixation of the venous wall to the deep chamber of the serous pericardium, contributes to growth in resistance during the elevation of venous pressure, making possible the preservation of integrity of the superior venae cavae. The expansion of fasciculi of nodal fibers in the right wall of the superior venae cavae permits that the unlocked impulse in the S-A node also reaches the vascular wall contributing to the shortening and diminution in caliber of the vein.

Two stops in today's new global geographies: shaping novel labor supplies and employment regimes

Includes bibliography