Análise do processo judicial eletrônico (PJe) sob os parâmetros da discursividade processual e do acesso democrático à justiça

The conceptions of the judicial function, the process and the factors of legitimacy of the norm of decision are changed according to the model of State (liberal, social democratic and constitutional). The right of access to justice, likewise, follows the ideals present in constitutional movements experienced in different historical moments. The deficit of legitimacy of the judiciary is recurring subject of study in the doctrine, especially in the face of democratic standards that permeate the current paradigm of state. Under the process law, the essential element for the distinction of the states based on the rule of law (formal and material) and the democratic constitutional state lies in the democratic guarantee of participation to the litigants in the process of elaborating the norm of decision. The concern about the participatory democracy and the concretion of fundamental rights has as presupposition the conception of popular sovereignty. Keeping this effort in mind, the civil procedure cannot be oblivious to such considerations, especially when it justifies its constitutional conformation from the institutionalization of discourse within the procedural field (democratic principle) and of the democratization of access to justice, leading to the necessary contestation of the theory of instrumentality of the process. The democratic prospects of civil procedure and the concern about the legitimacy of the rule of decision cannot be moved away from the analysis of the judicial function and the elements that influence the legal suit s progress. The computerization of the judicial process entails extensive modification in the way the judicial function is developed, in view of automation of activities held, of the eliminating of bureaucratic tasks, manual and repetitive, and of streamlining the procedure. The objective of this study is to analyze the dogmatic changes and resulting practices from the implementation of the Judicial Electronic Process (JEP), prepared by the National Council of Justice, under the parameters of procedural discourse and democratic access to justice. Two hypotheses are raised, which, based on a bibliographic-documentary, applied and exploratory research, are contested dialectically. The expansion of publicity of procedural acts and the facilitating of communication and practice of such acts are elements that contribute to the effective participation of the recipients of the norm of decision in its making process and, therefore, the democratic principle in the procedural field. Ensuring access (to the parts) to the case files and reasonable duration of the process along with the preservation of its founding principles (contradictory, legal defense and isonomy) are essential to ensure democratic access to justice within the virtual system

A manifestação da vontade da criança na disputa judicial da guarda: escuta psicanalítica/

Currently, in custody disputes, the child has the right to be heard and to have its opinion considered, according to its age and maturity. The psychologist/psychoanalyst who works in the Family Court is required to produce a Report with the purpose of helping the Court´s decision. The present research aims to discuss and to find guiding principles for the hearing of the declaration of the child´s will in a custody dispute by its parents, from a psychoanalytical perspective. The case of a nine year old girl that affirmed in Court the desire of living with the mother and seeing the father only once a year is the starting point of this theoretical research over the psychoanalytic fundaments of the hearing of the case, how it appeared in that experience and how it was reflected in the report. Throughout this work, the peculiarities of psychoanalysis as a way of understanding the subject and the conditions that must be observed so that a sctrictu sensu analytic hearing is possible are studied. Then we present a reflection of the case, in the light of the theories studied, verifying that we could observe in the experience: i) the assumption of a subject of the unconscious, divided and desire full that constitutes itself from the oedipic structuration, that leads to the difference between speech and speak; ii) the concept of the child as having a sexuality of its own; iii) a hearing based on the ethic principles of psychoanalysis and the analysts'' formation. In the final considerations, we state that the institutional demand of a meaning for the case is a great difficulty for the analyst since he works from a place of 'not-knowing"

Statistics and kinetics of single-molecule electron transfer dynamics in complex environments: A simulation model study

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

Desempenho escolar da criança vitimizada encaminhada ao fórum judicial

O objetivo do estudo foi caracterizar o desempenho escolar da criança vítima de violência doméstica atendida no Fórum Judicial. Participaram do estudo 20 crianças vitimizadas comparadas com seus pares da mesma sala de aula, mesmo sexo e mesma faixa etária, mas sem histórico de violência doméstica, suas respectivas mães e professoras. As crianças responderam ao Teste de Desempenho Escolar, Inventário de Estilos Parentais e ao Teste de Raven (Escala Especial) e apresentaram o caderno escolar. As mães responderam a uma entrevista e a Escala de Táticas de Conflitos Revisada (CTS-2). As professoras apresentaram sua opinião sobre o desempenho acadêmico dos participantes. Os dados obtidos mostraram que a criança vitimizada tem desempenho escolar inferior ao grupo controle. Os resultados da CTS-2 indicaram que a maioria das crianças vitimizadas estava exposta à violência conjugal. O estudo mostrou que, além da violência doméstica direta e indireta, tais crianças estavam expostas a outros fatores de risco, tais como, pobreza, baixa escolaridade materna e uso de álcool e/ou droga por familiares.

Second-order statistics for equal gain and maximal ratio diversity-combining reception

Exact and closed-form expressions for the level crossing rate and average fade duration are presented for equal gain combining and maximal ratio combining schemes, assuming an arbitrary number of independent branches in a Rayleigh environment. The analytical results are thoroughly validated by simulation.

Second-order statistics for diversity-combining, techniques in Nakagami-fading channels

Exact and closed-form expressions for the level crossing rate and average fade duration are presented for the M branch pure selection combining (PSC), equal gain combining (EGC), and maximal ratio combining (MRC) techniques, assuming independent branches in a Nakagami environment. The analytical results are thoroughly validated by reducing the general case to some special cases, for which the solutions are known, and by means of simulation for the more general case. The model developed here is general and can be easily applied to other fading statistics (e.g., Rice).

NUCLEAR DENSITIES AND THE STATISTICS OF NUCLEONIC CONSTITUENTS

In the quark model of the nucleon, the Fermi statistics of the elementary constituents can influence significantly the properties of multinucleon bound systems. In the Skyrme model, on the other hand, the basic quanta are bosons, so that qualitatively different statistics effects can be expected a priori. In order to illustrate this point, we construct schematic one-dimensional quark and soliton models which yield fermionic nucleons with identical baryon densities. We then compare the baryon densities of a two-nucleon bound state in both models. Whereas in the quark model the Pauli principle for quarks leads to a depletion of the density in the central region of the nucleus, the soliton model predicts a slight increase of the density in that region, due to the bosonic statistics of the meson-field quanta.

Tsallis statistics and gradually truncated Levy flight - distribution of an economical index

Tsallis postulated a generalized form for entropy and give rise to a new statistics now known as Tsallis statistics. In the present work, we compare the Tsallis statistics with the gradually truncated Levy flight, and discuss the distribution of an economical index-the Standard and Poor's 500-using the values of standard deviation as calculated by our model. We find that both statistics give almost the same distribution. Thus we feel that gradual truncation of Levy distribution, after certain critical step size for describing complex systems, is a requirement of generalized thermodynamics or similar. The gradually truncated Levy flight is based on physical considerations and bring a better physical picture of the dynamics of the whole system. Tsallis statistics gives a theoretical support. Both statistics together can be utilized for the development of a more exact portfolio theory or to understand better the complexities in human and financial behaviors. A comparison of both statistics is made. (C) 2002 Published by Elsevier B.V. B.V.

Size limiting in Tsallis statistics

Power law scaling is observed in many physical, biological and socio-economical complex systems and is now considered an important property of these systems. In general, power law exists in the central part of the distribution. It has deviations from power law for very small and very large variable sizes. Tsallis, through non-extensive thermodynamics, explained power law distribution in many cases including deviation from the power law. In case of very large steps, the used the heuristic crossover approach. In the present we present an alternative model in which we consider that the entropy factor 9 decreases with variable size due to the softening of long range interactions or memory. We apply this model for distribution of citation index of scientists and examination scores and are able to explain the distribution for entire variable range. In the present model, we can have very sharp cut-off without interfering with power law in its central part as observed in many cases. (C) 2008 Elsevier B.V. All rights reserved.

Assessment and statistics of Brazilian hydroelectric power plants: Dam areas versus installed and firm power

The Brazilian relief, predominantly composed by small mountains and plateaus, contributed to formation of rivers with high amount of falls. With exception to North-eastern Brazil, the climate of this country are rainy, which contributes to maintain water flows high. These elements are essential to a high hydroelectric potential, contributing to the choice of hydroelectric power plants as the main technology of electricity generation in Brazil. Though this is a renewable source, whose utilized resource is free, dams must to be established which generates a high environmental and social impact. The objective of this study is to evaluate the impact caused by these dams through the use of environmental indexes. These indexes are ratio formed by installed power with dam area of a hydro power plant, and ratio formed by firm power with this dam area. In this study, the greatest media values were found in South, Southeast, and Northeast regions respectively, and the smallest media values were found in North and Mid-West regions, respectively. The greatest encountered media indexes were also found in dams established in the 1950s. In the last six decades, the smallest indexes were registered by darns established in the 1980s. These indexes could be utilized as important instruments for environmental impact assessments, and could enable a dam to be established that depletes an ecosystem as less as possible.

Near-infrared Raman spectroscopy to detect anti-Toxoplasma gondii antibody in blood sera of domestic cats: quantitative analysis based on partial least-squares multivariate statistics

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

Statistics on tropical convective storms observed by radar

Convective storm rainfall is of special importance to urban hydrological studies due to its temporal and spatial variability. Although dense networks of recording rain gauges can be employed to characterize such rainfall, very few investigations of this type have been undertaken due to their prohibitive cost. This paper reports some data on characteristics of tropical convective storms obtained from radar at Bauru in the State of São Paulo, Brazil. Periods of convective precipitation were identified by exclusion of those related to frontal activity with the help of synoptic maps and the radar screen record. The occurrence and evolution of convective storms were observed in two 28 km × 28 km windows obtaining information on the life history of convective cells and the magnitude of rainfall. Frequency distributions of the time of occurrence of convective rainfall, cell size, area covered, life duration and maximum and average rainfall observed in the experimental areas are presented and discussed.

HPLC determination of hemoglobins to establish reference values with the aid of statistics and informatics

The purpose of the present study was to establish reference values for hemoglobins (Hb) using HPLC, in samples containing normal Hb (AA), sickle cell trait without alpha-thalassemia (AS), sickle cell trait with alpha-thalassemia (ASH), sickle cell anemia (SS), and Hb SC disease (SC). The blood samples were analyzed by electrophoresis, HPLC and molecular procedures. The Hb A2 mean was 4.30 ± 0.44% in AS, 4.18 ± 0.42% in ASH, 3.90 ± 1.14% in SS, and 4.39 ± 0.35% in SC. They were similar, but above the normal range. Between the AS and ASH groups, only the amount of Hb S was higher in the AS group. The Hb S mean in the AS group was 38.54 ± 3.01% and in the ASH it was 36.54 ± 3.76%. In the qualitative analysis, using FastMap, distinct groups were seen: AA and SS located at opposite extremes, AS and ASH with overlapping values and intermediate distribution, SC between heterozygotes and the SS group. Hb S was confirmed by allele-specific polymerase chain reaction. The Hb values established will be available for use as a reference for the Brazilian population, drawing attention to the increased levels of Hb A2, which should be considered with caution to prevent incorrect diagnoses. ©FUNPEC-RP.

ECLAC Development of official statistics in the region. Report of the Economic Commission for Latin America and the Caribbean on the development of official statistics in Latin America and the Caribbean

This document was prepared by the Economic Commission for Latin America and the Caribbean (ECLAC); and offers a description of the main trends in the development of official statistics in Latin America and the Caribbean and the principal challenges in that regard.The first chapter provides an analysis of the state of development of statistical production in the region, based on statistical information for 41 Latin American and Caribbean countries and eight specific areas. The institutional organization of national statistical systems in the region is also described. Chapter II examines the history and current status of mechanisms for regional and subregional coordination and of the Statistical Conference of the Americas of ECLAC. Chapter III describes the main challenges for official statistics in the countries of the region and the strategies that the Statistical Conference of the Americas and ECLAC propose to implement in order to address them.