O conceito de mora na teoria contratual moderna

Este trabalho trata do conceito de mora no direito brasileiro. Parte-se da nova concepção da relação jurídica obrigacional, inspirada pelo princípio da boa-fé objetiva e da nova redação dada ao artigo definidor da mora no direito brasileiro, pelo Código Civil de 2002. Analisam-se os elementos essenciais do estado de mora, faz-se uma abordagem acerca das espécies de mora ocorrentes na prática, traçando seus pressupostos, conseqüências e características. Na segunda parte é analisada a conveniência da adoção, no direito brasileiro, do conceito de violação positiva do contrato. Este conceito, por sua proximidade e similitude com o conceito de mora, tem sido defendido como adotável e útil ao sistema jurídico brasileiro de direito privado. Em conclusão, defende-se que o conceito de mora no direito brasileiro abarca todas as hipóteses de violação positiva do contrato e se fixa o que se defende como um conceito atual de mora, no sistema de direito privado brasileiro, à luz da teoria contratual moderna.

Adaptation of the international investment contract: the hardship clause

Este trabalho acadêmico explora, em linhas gerais, a questão da adaptação do contrato de investimento internacional, e o tema ‘cláusula de hardship’ em específico. Objetiva-se efetuar uma análise detalhada da cláusula de hardship, como meio de adaptação e flexibilização de contratos internacionais de investimento sob a ótica da prática jurídica e mercantil contemporânea. A discussão se centra no contraste entre a possibilidade de adaptação do contrato por circunstâncias imprevisíveis e o imperativo de previsibilidade no investimento. Nesse sentido, o estudo busca oferecer soluções práticas para o dilema existente entre a necessidade de segurança na relação econômica (cumprimento do contato) e a prevenção da possibilidade de ruína financeira para quaisquer das partes no caso de uma mudança brusca no contexto dos negócios. O trabalho está centrado em uma investigação teórica acerca dos temas de readaptação contratual; diferenças entre sistemas jurídicos de estados-nações, e suas consequências no comércio internacional; e a cláusula de hardship em si. Como forma de contribuir para uma compreensão prática na questão da adaptação do contrato de investimento internacional devido a fatores imprevistos, este trabalho analisa casos reais e tendências atuais observadas na arbitragem internacional.

A constituição da identidade em crianças vítimas de abuso sexual

Subject s identity is constituted in the relation with the other, which is characterized by dialeticity, and is configured as an identification and/or recognize movement, and strangeness and/or distance. In social interactions, people with whom subject relates himself assign meanings to him and, from these, the subject will ressignify, producing sense about himself. In other words, is through these interactions that subjects organizes themselves, recognize what is yours, and acquire the sense about themselves. It can be highlighted, too, the social-historic context s importance in the self-constitution process, whereas, from this, the subject produces particular forms of perception about reality charged with cultural meaning. Thus, the self-conception, the manners of thinking, of being, of relates, of take position against experiences, coming from values internalization, roles and related, are permeated by the manner witch the others relates themselves with the subject. However, when the relation with the other happens to be in a violent way, like in children sexual abuse, there are implications in the subjects constitution, whereas violates his physical and psychological integrities, as well as the rights of dignity, respect and even healthy physical, psychological and sexual developments. Therefore, this work aims to investigate how the identity process is constituted in children victims of sexual abuse. As specific aims the research proposes: 1) to characterize the relations between child and abuser, before and after the abuse act; 2) to identify images that the subjects, abuse victims, have about themselves and; 3) to identify the features of subject s relation with their own body. Toward this aims, procedures involving drawings, painting, collage, photography, activities with cardboard, colored pens, glue and tissue snips. The research took place at the Social Assistance Specialized Reference Center, where there is the treatment of children who suffered of rights violation, which includes sexual abuse. The research subjects were 3 girl children, between 6 and 10 years old, victims of sexual abuse. The corpus analyses was done through Thematic Content Analysis, structured in three meaning nucleus: 1) self-reference without the explicit attendance of other s discourse; 2) self-reference with the explicit attendance of other s discourse; 3) The other abuser. The analysis indicates that children, research subjects, have deteriorated images about themselves, about their bodies, which is consistent with the studies in the children and adolescents sexual violence field. In the other hand, were identified, too, self-references with positive values in the cases with mention about their way-of-being, which can be read as important to subject s development. About the other s discourse towards the subjects, were identified positive observations and found that these can contribute to subject s self-image reorganization. The contribution of negative comments, on the other hand, was showed in a more clear and incisive form in subject s constitution. There is, yet, an overvaluation of the other s discourse, so the meanings attributed toward them by the other are internalized, overshadowing the self-appreciation. To conclude, it can be highlighted that the need of psychological accompaniment of the children victims of sexual abuse, based on the possibility of this trauma experience elaboration, trying to overcome, as well as can be expected that this research s results contributes to the practices of professionals who work with subjects who have their rights violated

Exploração sexual comercial de crianças e adolescentes : o estado da arte nas produções acadêmicas em psicologia

The Commercial Sexual Exploitation of Children and Adolescents (ESCCA) is a phenomenon that has been given priority in public policy agenda of many democratic governments of Western countries and civil sectors of society, besides the object of studies in different fields of knowledge. Psychology is among these areas and is considered one of the references in the construction of knowledge and actions to confront the phenomenon. However, the epistemological foundations of psychological science are quite different, and so, several are his speeches, knowledge produced and ways of conceiving man and the world. This is evident in the publications of psychology on ESCCA. This work aims to achieve a state of the art of psychology publication in Brazil (in the post-graduation - through theses and dissertations - and journals) on the Commercial Sexual Exploitation of Children and Adolescents. More specifically try to evidence (a) what conceptions of commercial sexual exploitation of children and adolescents the authors lists, (b) what are aimed at research and publications, (c) how the research and issues are justified, and (d) that theoretical approaches the authors are affiliated and methodological possibilities are applied to range the aim proposed in their work. In order to do so, a survey was conducted in the major index sites (eg, BVS-Psi, Capes, theses and dissertations database of university libraries) of the material, covering the period 1990 to 2007. Through research on these sites, we built a database, including information relating to the work sought from specific descriptors for studies in the area of victimization of children and adolescents, with reference to a list provided by Faleiros (2000). After reading the summary of the work, the number of recovered 25 productions was reached - including theses, dissertations and articles. For analysis of the material used in the analysis of thematic content. Two axes themes were established in order to guide the analysis: conceptual elements of commercial sexual exploitation, and theoretical and methodological strategies employed. The axes have as reference for analysis a chapter built on the concept of commercial sexual exploitation, so that all analysis is anchored on it. The analysis points to the existence, still strong, conceptual and terminological confusion about ESCCA. Few studies have not demonstrated this confusion, maintaining a consistent theoretical approach. In relation to the theoretical and methodological strategies, there is a great diversity of approaches in psychology surrounding the phenomenon of ESCCA, enriching levels of understanding and action. This diversity reflects a constitutive heterogeneity of psychological science. We emphasize the perspective of socio-historical psychology, most frequently among the publications. It is hoped that this research will help advance the qualitative approach to ESCCA, especially in the field of psychology, as well as contribute to new research in the area and construction of new means of addressing this human rights violation

Comparison of the psychological evaluation test and classical psychoanalysis in infertile women

This study aims to compare a psychological evaluation test to classical psychoanalysis in infertile women. Two hundred women were submitted to the Psychological Evaluation Test (PET). The sum of the scores for the responses ranged from 15 to 60 points, with scores 30 points being defined as 'psycho-emotional maladjustment' (cut-off point: median + 25%). For comparison, the patients were simultaneously submitted to a psychological examination by a psychologist, who was unaware of the PET results. of the 200 patients, 66 (33%) presented a test with greater than or equal to30 points ('psycho-emotional maladjustment') and 134 (67%) a test with <30 points (normal). Upon psychological examination, 105 (52.5%) presented an abnormal evaluation and 95 (47.5%) a normal evaluation. For the PET, statistical analysis showed 82% efficiency, 62% sensitivity, 98% positive predictive value, 99% specificity, 70% negative predictive value, likelihood ratio for a positive test result 62, and likelihood ratio for negative test result 0.38. The PET proved to be a useful clinical instrument, being of help in the selection of patients with psychological needs induced by infertility.

Psychological, biochemical and physiological responses of Brazilian soccer players during a training program

Aims of the study. - The aim of this study is to investigate the behavior of the physiological, biochemical and psychological parameters in Brazilian soccer players during a training program.Materials. - Fifteen athletes were evaluated at the beginning (T1), in the middle (T2) and at the end (T3) of the training program. on the first day, at 7:30 am, before the blood collecting at rest for the determination of serum creatine kinase (CK), serum creatinine and serum urea, the athletes had their psychological parameters assessed by the profile of mood state questionnaire (POMS). After 90 min, they performed a 250-m sprint. on the second day at 8:30 am, the athletes had their alactic anaerobic performance measured and, after 40 min, they completed the aerobic test. Friedman test was used to verify the behavior of overtraining markers.Results. - There was a decrease in vigor score in T3 (p=0.01) compared with T1 and T2. In T3 (p=0.01), the athletes also showed an increase in serum creatinine levels compared to T1. Furthermore, in the same period, we verified a diminishing in the team performance.Conclusion. - The training program developed between T2 and T3 led to the fall of the vigor score, the increase in serum creatinine concentrations and the diminishing in team performance. (c) 2007 Elsevier Masson SAS. All rights reserved.

Concerning CP violation in 331 models

We consider the implementation of CP violation in the context of 331 models. In particular we treat a model where only three scaler triplets are needed in order to give all fermions a mass while keeping neutrino massless. In this case all CP violation is provided by the scalar sector.

Soft CP violation in K-meson systems

We consider a model with soft CP violation which accommodates the CP violation in the neutral kaons even if we assume that the Cabibbo-Kobayashi-Maskawa mixing matrix is real and the sources of CP violation are three complex vacuum expectation values and a trilinear coupling in the scalar potential. We show that for some reasonable values of the masses and other parameters the model allows us to explain all the observed CP violation processes in the K-0-(K) over bar (0) system.

Spontaneous CP violation in the 3-3-1 model with right-handed neutrinos

We implement the mechanism of spontaneous CP violation in the 3-3-1 model with right-handed neutrinos and recognize their sources of CP violation. Our main result is that the mechanism works already in the minimal version of the model and new sources of CP violation emerges as an effect of new physics at energies higher than the electroweak scale.

Parameter degeneracies in neutrino oscillation measurement of leptonic CP and T violation

The measurement of the mixing angle theta(13), sign of Deltam(13)(2), and the CP or T violating phase delta is fraught with ambiguities in neutrino oscillation. In this paper we give an analytic treatment of the paramater degeneracies associated with measuring the nu(mu)-->nu(e) probability and its CP and/or T conjugates. For CP violation, we give explicit solutions to allow us to obtain the regions where there exist twofold and fourfold degeneracies. We calculate the fractional differences, (Deltatheta/(θ) over bar), between the allowed solutions which may be used to compare with the expected sensitivities of the experiments. For T violation we show that there is always a complete degeneracy between solutions with positive and negative Deltam(13)(2) which arises due to a symmetry and cannot be removed by observing one neutrino oscillation probability and its T conjugate. Thus there is always a fourfold parameter degeneracy apart from exceptional points. Explicit solutions are also given and the fractional differences are computed. The biprobability CP/T trajectory diagrams are extensively used to illuminate the nature of the degeneracies.

Tree-level violation of the equivalence principle

Massive particles of spin 0 and 1 violate the equivalence principle (EP) at the tree level. on the other hand, if these particles are massless, they agree with the EP, which leads us to conjecture that from a semiclassical viewpoint massless particles, no matter what their spin, obey the EP. General relativity predicts a deflection angle of 2.63' for a nonrelativistic spinless massive boson passing close to the Sun, while for a massive vectorial boson of spin 1 the corresponding deflection is 2.62'.