O direito fundamental contra a autoincriminação: a análise a partir de uma teoria do Processo Penal Constitucional

The right against self-incrimination is a fundamental right that works in the criminal prosecution, and therefore deserves a study supported by the general theory of criminal procedure. The right has a vague origin, and despite the various historical accounts only arises when there is a criminal procedure structured that aims to limit the State´s duty-power to punish. The only system of criminal procedure experienced that reconciles with seal self-incrimination is the accusatory model. The inquisitorial model is based on the construction of a truth and obtaining the confession at any cost, and is therefore incompatible with the right in study. The consecration of the right arises with the importance that fundamental rights have come to occupy in the Democratic Constitutional States. In the Brazilian experience before 1988 was only possible to recognize that self-incrimination represented a procedural burden for accused persons. Despite thorough debate in the Constituent Assembly, the right remains consecrated in a textual formula that´s closer to the implementation made by the Supreme Court of the United States, known as "Miranda warnings", than the text of the Fifth Amendment to the U.S. Constitution that established originally the right against self-incrimination with a constitutional status. However, the imprecise text does not prevent the consecration of the principle as a fundamental right in Brazilian law. The right against self-incrimination is a right that should be observed in the Criminal Procedure and relates to several of his canons, such as the the presumption of not guilty, the accusatory model, the distribution of the burden of proof, and especially the right of defense. Because it a fundamental right, the prohibition of self-incrimination deserves a proper study to her constitutional nature. For the definition of protected persons is important to build a material concept of accused, which is different of the formal concept over who is denounced on the prosecution. In the objective area of protection, there are two objects of protection of the norm: the instinct of self-preservation of the subject and the ability to self-determination. Configuring essentially a evidence rule in criminal procedure, the analysis of the case should be based on standards set previously to indicate respect for the right. These standard include the right to information of the accused, the right to counsel and respect the voluntary participation. The study of violations cases, concentrated on the element of voluntariness, starting from the definition of what is or is not a coercion violative of self-determination. The right faces new challenges that deserve attention, especially the fight against terrorism and organized crime that force the development of tools, resources and technologies about proves, methods increasingly invasive and hidden, and allow the use of information not only for criminal prosecution, but also for the establishment of an intelligence strategy in the development of national and public security

Efeitos das transferências intergovernamentais sobre as finanças públicas dos municípios do Rio Grande do Norte (2001-2010)

The Brazilian tax structure has specific characteristics and the performance level of government. The autonomy given to municipalities to manage their activities after the 1988 Constitution, made them highly dependent on intergovernmental transfers of resources, revealing the fragility of the administrative capacity of these entities. The vertical gap revealed by the constitutional structure of the Brazilian fiscal federalism model contributes to the formation of this specific feature that you are eroding the tax base and the ability of municipal own revenues. Although there was a better regulation of these transfers after the enactment of the Fiscal Responsibility Law, it is observed that the amount of resources transferred to the municipalities of Rio Grande do Norte is very high and is the main source of revenue of municipalities. In light of the theory of federalism and fiscal decentralization, in particular, the theories related to intergovernmental transfers, we seek to diagnose the transfers from the systematization of information on the origin, destination and value. We used the econometric model of System Dynamic Panel GMM in making the diagnosis and verification of the impact of transfers on public finances of the municipalities of the newborn, associated with a review in light of the theory of fiscal federalism and intergovernmental transfers. The paper presents some proposals for the transfer system and the composition of spending in order to contribute to greater tax efficiency

Mens sana in corpore sano: compreensões de corpo, saúde e educação

This thesis proposes that the idea expressed in Juvenal s quotation Mens Sana in Corpore Sano, produced in the Ancient Greek-Roman civilization includes undestandings of body, heath and education that were reapropriated and reorganized by scientific and pedagogical theories in the XIX and XX centuries. These theories, especially the ones that received contributions from the biomedical sciences, have influenced Physical Education in the search of becoming a science. In order to realize this reapropriation, we have analyzed the transformations in the concepts of body, health and education produced in the area discourse, aiming at pointing out elements to the configuration of a theory that is being called Corpore Sano. The theory constitutes in possible systematization of scientific, philosophical and pedagogical concepts, and as such, an understanding of the scientific fundaments of Physical Education. The corpus of this analysis was composed by 148 articles that were published in Revista Brasileira de Ciências do Esporte digitalized in the period between 1979 and 2003 and selected according to theme: body, biology, physical activity, effort physiology and health. The analysis of the content and the referential interpretation allowed the combination of philosophical reflection with attention to the empiric field as a comprehensive dimension. Based on the corpus of the analysis it is possible to configure meta-arguments about the concepts of body, health and education in the scientific production of Physical Education. As a metaresearch. Our study did not intend to judge the analyzed production, but look for theoretical elements that may generate a reflection about the scientific rationality in Physical Education and developments in the pedagogical field and in body practices. Such a reflection might be recognized as a theory of the living body, susceptible to modifications and interrogations that are proper of knowledge and practices of Physical Education. It is a theory rejects the idea of the complete truth and holds the comprehension that the truth is built historically through relations among different kinds of knowledge and Physical Education practices

Atendimento Pré-hospitalar Móvel. Mapeando Riscos e Prevenindo Erros

The attention with safety of the patients is important in the quality of the nursing and health care. In the pre-hospital care, such care is essential on site with the purpose of avoiding possible consequences to the individual, ensuring a fast and appropriate care, with improvement of the morbidity and reduction of the mortality. This medical attention is equally associated with the significant risks of adverse events and serious mistakes, which can be reduced with the awareness of the professionals, organization and quality management. It is a descriptive, transversal research, of quantitative approach, with the objective of identifying the risks for the safety of the patient during the mobile pre-hospital care under the view of the nurses, in a city of the Brazilian Northeast. The sample was formed by 23 nurses. The inclusion criteria: to have at least two years of experience and accept to participate on the research. The data collection was done in two steps, first photo collection, through the adapted method of photographic analysis, and the second with the application of questionnaire, divide in two parts: socio-professional data and digital photo punctuation instrument of the patient s safety. The majority of the nurses had an average working time in the mobile pre-hospital care of six years and six months, in the age group of 38 to 53 years old (69,56%) and with Lato sensu specialization (73,91%), being (29,41%) emergency and (29,41%) in intensive care. The (74%) have the Advance Cardiac Life Support (ACLS) and (100%) have the Pre-Hospital Trauma Life Support (PHTLS); (91, 30%) know the thematic safety of the patient. On the pictures it was observed a bigger variability of the categories (risks) where 44% of variance emerged on the first picture of the research. The pictures 4 and 9 with the average below 5 were classified as very insecure, while pictures 7 and 3 with an average above 7, very secure. On the results of risks observed for the patient s safety in the mobile pre-hospital care five categories emerged: organization and packaging of the equipment and materials, routines and specificities in the mobile pre-hospital care, risks on the management of medications, for traumas and infections. Starting from the analysis of these risks, it was proposed ten steps for the safety in the mobile pre-hospital care: 1- Identify the patient; 2- Safety related to prevention of infection; 3- Safety in the management of medications; 4- Safety and standardization of the packaging of equipment and materials; 5- Attention to the specificities of the mobile pre-hospital care; 6- Incentive and value the participation of the patient and family; 7- Promote the communication with the central of regulation; 8- Prevention of traumas and falls; 9- Protect the skin from additional injuries; 10- Understand the benefit of all the equipment in the ambulance. The multiple risks and their emerged combinations on the research indicate a variety of actions to be developed and stimulated, like the use of steps for the patient s safety in the mobile pre-hospital care which contributes with the aid and management of risks, reduction of mistakes, disabilities and death

Plantas de cobertura em pré-safra e adubação nitrogenada na fertilidade do solo em diferentes camadas, cultivado com milho em sistema de plantio direto e convencional

The species of cover crops in pre-harvest of maize crop may influence the soil chemical properties. The objective was to evaluate soil fertility due to the use of plant species cover, previously cultivated with maize crop in no-tillage and conventional and subjected to nitrogen. The experiment was conducted at UNESP in Jaboticabal-SP, in an Oxisol clay during the crop years 2000/01, 2001/02 and 2002/03. The experimental design was randomized blocks in split plots with four replications. The treatments consisted of nitrogen (0, 60 and 120 kg N ha(-1)) and planting systems, and three under no-tillage system with the use of cover crops: Brachiaria, millet, Crotalaria and lablab, and under a conventional tillage. We evaluated at the flowering stage of corn, covering the crop year 2002-2003, the chemical soil layers (0-0.05, 0.05-0.10, 0.10-0.20; 0.20-0.30 m deep). Tillage systems and nitrogen levels influenced differently to the chemical properties of soil layers studied. Regardless of the nitrogen used in the conventional treatment showed lower organic matter content, calcium and value of sum of bases in the topsoil.

Physical quality of an Oxisol cultivated with maize submited to cover crops in the pre-cropping period

The intensive use of land alters the distribution of the pore size which imparts consequences on the soil physical quality. The Least Limiting Water Range (LLWR) allows for the visualization of the effects of management systems upon either the improvement or the degradation of the soil physical quality. The objective of this study was to evaluate the physical quality of a Red Latosol (Oxisol) submited to cover crops in the period prior to the maize crop in a no-tillage and conventional tillage system, using porosity, soil bulk density and the LLWR as attributes. The treatments were: conventional tillage (CT) and a no-tillage system with the following cover crops: sunn hemp (Crotalaria juncea L.) (NS), pearl millet (Pennisetum americanum (L.) Leeke) (NP) and lablab (Dolichos lablab L.) (NL). The experimental design was randomized blocks in subdivided plots with six replications, with the plots being constituted by the treatments and the subplots by the layers analyzed. The no-tillage systems showed higher total porosity and soil organic matter at the 0-0.5 m layer for the CT. The CT did not differ from the NL or NS in relation to macroporosity. The NP showed the greater porosity, while CT and NS presented lower soil bulk density. No <= 10 % airing porosity was found for the treatments evaluated, and value for water content where soil aeration is critical (theta(PA)) was found above estimated water content at field capacity (theta(FC)) for all densities. Critical soil bulk density was of 1.36 and 1.43 Mg m(-3) for NP and CT, respectively. The LLWR in the no-tillage systems was limited in the upper part by the theta(FC), and in the bottom part, by the water content from which soil resistance to penetration is limiting (theta(PR)). By means of LLWR it was observed that the soil presented good physical quality.

Utilização de soluções business-to-business (B2B) no segmento downstream da cadeia de suprimentos de uma distribuidora de combustíveis

The pursuit of competitive advantage is lobbying organizations to strategically plan the use of their material, human, technological and financial resources, so that it s possible to add value to the product, even when it is considered a commodity. The scenario for this planning should not be limited to the company in question, but cover an entire supply chain, which is composed of several organizations which have common goals of growth and sustainability of the market. They should form trade links, integrating the chains of individual values, in a perspective of value system. In this supply chain there is a flow of services, payments and information, as products well as. The training of these links can be supported by the adoption of a set of information technology, here called solutions business-to-business (B2B), which will be responsible for the production, storage and distribution of relevant information to business transactions between the companies involved. On this view, this thesis aims to describe the B2B solutions adopted in the downstream segment of the supply chain of a distributor of fuel and the nature of these technologies as well as their impact on the creation of value for business and optimization of the relationship between companies. This is a case study on a national distributor of fuels, from a model of research produced under the influence of theories of integrated logistics system and value of Michael Porter. The analyses came to the conclusion that information technology is perceived as an essential tool to the operation of all activities carried out by the company. Among them, at was also brought the key activities of integrated logistics: administration of applications, inventory management, management transport and customer services, which were highlighted in this study. It was also noticed that even these activities are, in principle, purely operational; they all had in the adoption of strategies for leadership in cost or differentiation, supported by B2B solutions identified, making it more conducive to business and direct customer, the clinic reseller of fuel, to obtain value and benefits of this market segment as competitive

Use of herbicides on turfgrass

Nas culturas agrícolas as plantas daninhas devem ser controladas de modo a não afetar negativamente o rendimento e a qualidade do produto colhido. Deste modo, quantidades pequenas de plantas daninhas em um campo, na maioria dos casos, não é um problema, exceto na produção de sementes. Ressalta-se que em gramados não existe um componente de produção a se colhido. O valor do gramado é a sua qualidade inerente a estética e usabilidade. Qualidade estética é a beleza e o valor que acrescenta ao gramado em uma paisagem gerenciada. Usabilidade pode ser a durabilidade de um campo de esporte ou a redução na perda de solo pela erosão da água ou do vento. A presença de qualquer planta daninha em gramados pode diminuir a qualidade estética e usabilidade do gramado. Enquanto for possível reduzir a população de plantas daninhas utilizando práticas culturais ou mecânicas, não se poderá eliminá-las completamente. A utilização de herbicidas é a única maneira de controlar completamente as plantas daninhas em áreas de gramados. Esta revisão irá rever os principais herbicidas utilizados em gramados nos Estados Unidos com relação a seus modos de ação, a família de herbicidas e uso primário no gramado.

O lugar social do fisioterapeuta brasileiro

Este estudo visa compreender a produção do lugar social do fisioterapeuta brasileiro por meio de suas práticas. O material empírico utilizado foram 89 entrevistas, dados do I Censo de Fisioterapeutas do Estado de São Paulo e informações sobre os cursos de graduação em Fisioterapia no Brasil. A análise dos dados mostrou que o lugar social do fisioterapeuta está fortemente ligado ao modelo curativo, identificado com o ideário liberal-privatista, com instituições formadoras predominantemente privadas e concentradas na região Sudeste. Os resultados sustentam evidências de uma prática profissional fragmentada, estimulada pelo modelo hegemônico, mas também apresenta marcas de superação, mostrando a disputa de dois modelos na atenção à saúde: hegemônico e contra-hegemônico. O primeiro toma a parte pelo todo, fragmenta o conhecimento e o corpo, identifica-se com o liberalismo e tem a saúde como mercadoria; a organização dos serviços é centrada na doença e na especialização. O segundo, sem negar a importância do conhecimento técnico, valoriza as dimensões sociais e humanas na prática profissional, está centrado na pessoa e busca a integralidade e a interdisciplinaridade. Esse modelo permite ampliar a prática do fisioterapeuta para além da clínica, em direção a um lugar social mais humano e solidário, identificado com os princípios do Sistema Único de Saúde. Também permite repensar o atual lugar social, oferecendo parâmetros para a reorientação dos caminhos da profissão.

A morada do pensamento: um encontro com Platão na busca da natureza do sentido em Frege

The ontological investigation of sense, from German philosopher Gottlob Frege s point of view, has, as its foundation, the understanding of reference, representation, thought and sense s categories. According to Frege s writings, On Sense and Reference, and Thoughts Logical Investigations, sense carries itself the solution for the problem of identity s relation. Sense gives us the knowledge s increment that identity doesn t give. But still there is a problem: the definition of sense's nature. Sense couldn t have its nature strictly defined because, in this case, it would be reduced to reference s category and thus, sense would be identified with the own extra-linguistic object, and this is a misconception. But Frege said that thought must be considered as the sense of the sentence. So, with this close relationship between sense and thought, a new goal in this investigation is putt in focus: thought. To Frege, thought is not a simple subjective performance of thinking, it is not a subjective representation, but it is an objective content that is real, eternal, and that exists by itself in a third realm . Thought exists in a realm beyond the world of subjective representations and beyond the world of sensible perception. From this point, the present investigation went back to Plato s World of Ideas. So, the platonic thinking was included in this debate about the metaphysic of the third realm in Frege, trying to clarify the original concepts of knowledge, reality and truth. To achieve this objective, the following dialogues had been included in our research: Theaetetus, Republic and Phaedo. And the following fregean questions had been brought to Plato's scope: how happens the new knowledge? What is the third realm s reality? What is the relation between truth and thought? Doing that we could see as much some of the platonic origins of Frege's approach, as some differences between this two philosophers

O cuidado e a ética do cuidado: um diálogo entre Leonardo Boff, Carol Gilligam e Nel Noddings

To elucidate the important contribution of care ethics in improving human relations and social intimates, this work reveals the fragility and lack of ethics on the formation of a just society, equal, peaceful and caring. To this end, we study on the moral development of men and women, warning of the natural differences between the sexes, which change for both the way of seeing life and live it - which does not imply inferiority to some genres. From this study it is clear that the natural care is innate to humans, it provides a tendency to act for the good of all life forms and nature as a whole. But it is evident here a greater sensitivity of women to such care because they possess perception and more emotion than men, which make them more participatory and involved in relationships. This greater openness to care found in women, due in part to the strong and lasting relationship with their mothers. Thus is revealed the power that women have to positively change the direction of human relationships, providing careful with your example, protective and caring, the awakening of a new and comprehensive ethics - opens to the truth, and features especially for affections. Therefore, the care ethics arises from the life experiences of women and aims, through them, to join the men's morality in order to bring out the relevant fact of interdependence between human beings, of human fragility and the need for relationships to the fullness of life

A crítica hegeliana do entendimento e a perspectiva da razão

The aim of this work is to present the critic of Hegel to the form of thinking of the Understanding (Verstand) and the perspective of a new concept of Reason (Vernunft) or rationality that then appears, and this tends as base the three moments of the logical process (the moment of the Understanding, Dialectical and the Speculative) presented by Hegel in the Encyclopedia of the Philosophical Sciences. It will be shown that this critic is done immanent to the own philosophy of Hegel, because the Understanding is so much the object of the critic, as one of the moments that constitute the own process logical-dialectic (method dialectic) that defines the rationality hegelian. Starting from that insert of the Understanding in the own Reason, we will see that the critic of Hegel won't just feel in a destructive way, in a such way that the Understanding totally goes denied, but before it will elevate this same Understanding at the level of the Reason speculative, removing like this your assumed place of absolute university of the truth and pointing it in your true place.

O princípio metafísico da poética de Aristóteles

Aristotle's definition of tragedy indicates a metaphysical project insinuated by a notion of kátharsis. The reconstruction of Aristotle's method of definition is inspired in the concepts of enérgeia and dýnamis taken from Physics, understanding cause as substance. The Doctrine of the Four Causes is the theoretical basis of the definition of tragedy, placing tragedy in the genre of imitation and distinguishing its species: language (material cause), noble and complete action (formal cause), actors (efficient cause) and kátharsis (temporarily identified with the final cause). Nevertheless, there is no final cause in the definition of tragedy. The kátharsis of passions is experienced by the spectator when he witnesses tragedy, which is the imitation of a noble action, executed by actors and not narrated. Aristotle justifies hid proposition in favor of mimesis by assuming that imitation is natural to man since infancy and the view of objects allows whoever contemplates them to identify and learn the originals. As a metaphysical principle, kátharsis is projected to beyond definition of tragedy, where it is manifested cathartically, in the spectator. Research about the spectator brings one back to the definition of tragedy, where the imitation is an imperfect copy which evokes in the spectator the presence of the originals of the imitated sentiments, thus realizing the kátharsis of these emotions. In this way kátharsis reveals itself as selfknowledge and approach of divine truth and perfections.

Na origem está o signo

A lógica como semiótica implica, do ponto de vista de Peirce, uma estrutura triádica onde a bipolaridade constituída pelo par sujeito-objeto é superada. Tanto o nominalismo quanto o individualismo são ultrapassados. O signo é mais amplo do que o símbolo e supõe a potencialidade e a atualidade. Duas classes de objetos e duas séries de interpretantes, cada uma destas últimas admitindo três espécies, dão lugar a uma lógica da conduta científica que faz apelo a uma comunidade futura cuja crença corresponde à Verdade, e a uma dimensão cosmológica do pensamento que fundamenta a derradeira objetividade do conhecimento e da volição.

O turismo de base local como um possível indutor de desenvolvimento rural: uma análise da realidade e das potencialidades no distrito de dondo-moçambique

The current debate on rural development focuses on the territorial approach, recognizing the multifunctional character of rural areas. Emphasize the use of endogenous forces, the need of implement policies which valorize local specificities, the participation of social actors in revitalization of rural areas. In this context tourism enters as a means to induce a new dynamic to rural areas, since the activity is regarded as a channel for the upgrading of the natural and cultural resources and the rural way of life. This study focuses on local-based tourism as a promoter of rural development, giving an analysis of the social reality and potential for this tourism in the district of Dondo. In it, is proposed to analyze the potential for development of local-based tourism in the district of Dondo, assessing the extent to which local reality enables the inclusion of the community in the management of local tourism resources. For this, was showed the inclusion of local-based tourism in the current context of rural development, was identified and organized systematically the factors that influence the implementation of local-based tourism in the study area and was verified as far as possible the study area corresponds to the constraints identified, showing how local-based tourism can best been encouraged. Was adopted a qualitative methodological approach to both the procedures and data processing, but also by critical approach, using bibliographical research, semi-structured interviews that fell on the group of public administrators who work in tourism and community leaders. The critical analysis was based on the principles of sustainability o Sachs particular ecological, social, cultural, economic, space, beyond the analysis of political and institutional aspects. The survey results show that the district of Dondo has a potential for implementing a model of tourism development on a local basis, since it is rich in natural and cultural research, benefits from good network accessibility in the context of the market in the region, the population live according to their habits and customs and value their identity. There is also a good cooperation between community members, although not in tourism, a fact which is observed through the lever of community participation in associations, cooperatives, working in areas such as agriculture, fishing, environment, civic education etc. It also has public funding sources to augment or stimulate local investment. Despite obstacles such as inexistence of policies and local plans for tourism development, lack of awareness of tourism, lack of basic infrastructure, as well as equipment and facilities to support tourism, the results shows that these problems can be solved through a public commitment from both government, and community through a joint planning and participation