Paradigma constitucional brasileiro da livre concorrência e da defesa do consumidor face às estruturas de poder no mercado

The Federal Constitution of 1988, when taking care of the economical order, denotes special concern in the abuses of the economical power and the disloyal competition. The mark to mediate of all this is, in fact, the defense and the consumer's protection, once this is final addressee of whatever if it puts at the consumption market. The coming of the Law 8.078/90, Code of Protection and Defense of the Consumer, inaugurates a time of effective concern with the homogeneous individual interests originating from of the consumption relationships. In this point, the focus of main to face of the present work lives, in other words, the protection of the right to the individual property, especially manifests in the exercise of the trade freedom that keeps direct relationship with the respective social function the one that is destined. The code of the consumer's defense doesn't just take care of this, but also of the other star of the relationships of the consumption. When affirming in the interruption VI of the art. 4th that the national politics of those relationships, finds ballast in the prohibition and repression efficient of all of the abuses committed in the consumption relationships, keeping inherent relationship-causality in the economical order, sculpted for the article 170 in the Constitution of 1988. In the generic plan, the mark of the present work is to question concerning the limits of the trade freedom and previsible collisions with protection norms and the consumer's defense, as well as factual convergences of those small systems, especially in what he/she refers to the innate interests to the suppliers. In the specific plan, we aspirated to identify the protection device-commands to the actors of the trade relationship, capable to guarantee the free competition in a global economy of market, seeking especially the Well-being, for soon afterwards, in an analytical perspective, to discover the possible applications that it holds the Federal Constitution, in headquarters of economical freedoms. It was observed that the consumer today doesn't need only of laws that their needs, fruit of the vulnerability that it is him/her meditate innate. He/she lacks, yes, of effective mechanisms that prevent lesions that can be them impinged by the suppliers at the time in that you/they are useful to repair the damages when happened, punishing the author of the damage

Intervenção judicial nas sociedades limitadas em face da liberdade de iniciativa

The judicial intervention in limited liability company goes through several issues of legislative and hermeneutics origin, based considerably on the small importance given to freedom of economic initiative by the participants in the process of formation and application of the law. In addition, Brazilian law, due to incompleteness, inconsistency or lack of valid grounds, put the judge in a procedural delicate situation. Being forced to judge, the judiciary faces severe uncomfortable interpretive situations, of which derive solutions of dubious constitutionality and affecting, significantly, the dynamics of business activity. In this context, and considering the limited liability company as an expression of free enterprise, corresponding to a lawful association of people in order to undertake economically, in exercise of his freedom of contracting and professional action, intended to be offered safe parameters of constitutionality for judicial intervention in limited liability company in the hypothesis of (i) transfer of corporate shares, (ii) attachment of corporate shares, (iii) dismissal of directors, (iv) appointment of judicial stakeholders, (v) exclusion of shareholders and (vi ) trespass. The hypothetical-deductive approach was adopted, building hypotheses to overcome the gaps and unconstitutionality of the law and subjecting them to tests, reviews, and comparisons with hypothetical facts and case law in order to determine the constitutional validity of the proposed solutions. The procedure aimed to reconcile the historical, comparative, dialectical and scientific methods. The roots of temporal institutes were researched as well as current solutions provided by national and compared law. From problematizations point, addressed by the constitutional interpretation of the law and jurisprudence, responses that bring out the unconstitutionality of certain conceptions were headed

A tutela constitucional da exploração de petróleo em águas internacionais em face do princípio do desenvolvimento sustentável: a possibilidade de responsabilização civil do dano futuro

The demands brought by a society doomed to the constant production of global risks, which whose effects are not immediately noticed effects are not perceived immediately, claim from the Law a new Theory about the Risk, that would offer a broad environmental protection, at the same time it would still be compatible with the idea of economic efficiency, required by the Modern Industry. The expansion of the methods and technologies regarding the exploitation and production of oil causes the constant expansion of the exploitable boundaries, especially in ultra-deep waters with the Pre-salt layer, in Brazil, or the still incipient research about the polymetallic nodules and other mineral sources in international waters, like the Atlântico Sudoeste, by the Programme on Ocean Science in Relation do Non Living Resources (OSNLR), a global study performed in partnership with the Intergovernmental Oceanographic Commission, from UNESCO (IOC UNESCO) and also with the Division of Ocean Affairs and Law of the Sea (UNDOALOS). Thus, we aim to analyze the correlation, and possible collisions between the right to a balanced environment and the free exercise of economic activity and the occurrence of environmental damages from the perspective of the exploitation activities of oil and other natural resources in international waters, specifically in the Area, from the constitutional principle of sustainable development and its legitimacy by the environmental international protection. Therefore, this study also aims to evaluate the legal framework for exploration and production of oil in international waters, particularly in the Area, and appraise how the constitutional instruments and mechanisms for environmental protection can impact on the international environmental protection system in order to ensure the present and future generations an ecologically balanced environment, laid down in Article 225 of the Brazilian Constitution, even with so many risks posed by the activities of exploitation and production of oil in international waters. In the meantime, we intend to also intend to investigate the possibility of future liability for environmental damage in order to ensure that constitutional principle and, consequently, and try to define the concept of environmental damage and its implications on the constitutional principle of environmental protection. Given all that was in summary, this work aims to contribute to the evolution of the new Theory of Environmental Risk, turning the law into something more than a punitive or corrective element in this society, but into a legal risk management, that may be triggered even before the consolidation of the damage

Responsabilidade civil como função social na distribuição e revenda de combustível face ao direito do consumidor e ao meio ambiente

The civil liability of the distribution and retail fuel stems from the fact business activity developed to be high risk and can be said as risk inherent or latent danger that has predictability and normality characterized by placing the consumer in a position of vulnerability, such as the environment, both public policies defined and constitutional protection. Consumer protection as a fundamental right and the environment as the primacy of social order aims the welfare and social justice, as inserted right to the third dimension, are guarded by the State when it creates operational standards through public policies and indirectly intervenes in the economic order. This intervention is due to consumer protection and the environment are economic order principles, founded on free initiative and free competition, ensuring everyone a dignified existence which underlies the irradiation of fundamental rights in private initiative, before the commercial evaluation, mass consumption, the emergence of new technologies that link consumers to the environment before the protection of life, health and safety and ensuring a better quality of life for present and future generations. To repair this damage and the right to information are provided as fundamental rights that put the person at the epicenter of the relations and collective interest stands out against individual interests that to be done need public-private partnership. In such a way that the used methodology was an analysis of documents correlating them with bibliographic sources whose goals are to recognize the civil responsibility as limit to subjective right, having to develop a social function where guilt and risk grow distant and the damage is configured as a consequence of inherent risk, requiring the State interventional postures in fulfilling its public policy; prevailing in these risky activities the solidarity of those involved in the chain of production and socialization of damage forward those are provided directly of products of hazardous nature that put in a position of vulnerability the environment and the consumer

Avaliação do desenvolvimento sustentável na bacia hidrográfica do Rio Seridó em face das políticas públicas e da gestão dos recursos hídricos

The reality of water resources management in semiarid regions, such as the Seridó region, has been shaped by a complex chain involving social-cultural, political, economic and environmental aspects, covering different spheres of activity - from local to federal. Because water is a scarce element, the most rational way pointed out by our recent history has been to move towards an increasing emphasis on the need for a truly rational, integrated, sustainable and participatory water resources management, supported by legislation and by a network of institutions that could materialize it. In this sense, despite all the advances in the formulation of public policies in water resources, which ones have indeed lead to significant changes that have occurred or are underway in semiarid regions such as Seridó? What factors may be preventing the realization of the desires rationality embedded in the framers of water policies intents? How to properly manage water resources if the current actors who promote their management and the political, human, cultural and institutional processes that intervene in this management, show strong traces of unsustainability? The research methodology adopted in this paper led to a breakdown of the traditional approach to water resource management, to integrate it into other areas of knowledge, especially to political science and public administration, catalyzed by the concept of "sustainable development". From a broad, interdisciplinary literature review, an exhaustive characterization of the river basin Seridó, a set of interviews with key people in the public administration acting in the region, a series of diagnoses and a set of propositions were made in order to correct the direction of current public policies for the region. From the point of view of public policies, it is in the deployment phase, not in its formulation, which lies a major problem of the lack of significant progress in water management. The lack of coordination between government programs are well characterized, as well as the lack of efficiency and effectiveness of their actions. The causes of this secular model are also discussed, including political factors and social relations of production, which led to a stalemate difficult, but of possible solution. It can be perceived there is a scenario of progressive deterioration of natural resources of the fragile ecosystem and a network of environmental and social consequences difficult to reverse, the result of a persistent and inertial sociopolitical culture, whose main factors reinforce itself. The work leads towards a characterization of the water resources management also from the perspective of environmental, institutional, political and human sustainability , the latter being identified, particularly as investment in the development of people as autonomous beings - not based in ideological directives of any kind - in the emancipation of the traditional figure of the poor man of the hinterland" to the "catalyst for change" responsible for their own decisions or omissions, based upon an education for free-thinking that brings each one as co-responsible epicenter of (self-) sustainable changes in their midst

Disponibilidade hídrica potencial em face da distribuição espaço-temporal das precipitações no Estado do Rio Grande do Norte

The state of Rio Grande do Norte, possessor of an extremely irregular regime of rains, has the necessity of enlarge and specify the researches about its own hydro-climatic conditions, to achieve trustworthy results that are able to minimize the adversities imposed by these conditions and make possible the implementation of a better planning in the economic activities and of subsistence that somehow utilize of the multiple uses of hydro resources of the State. This way, the daily values observed from the pluviometric series of 166 posts, with 45 years uninterrupted of historic data, were adjusted to the incomplete gamma function to the determination of the probability of rain in the 36 period of ten days in which the year was divided. To the attainment of the α and β parameters of this function it was applied the method of the maximum verisimilitude allowing, in the end, to analyze the temporal and spatial distribution of the rain in the level of 75% of probability. The values of potential evapo-transpiration were calculated by the Linacre method that, through the SURFER software, were confronted with the dependant rain, obtaining, in this way, the spatialization of the potential hydro availability, which the values can be known to any period of ten days of the year, city and/or region of the state of Rio Grande do Norte. With the identification of the main meteorological systems that act in the State, we sought to better comprehend how this systems interfere, in the irregular regime of rain, in the situations of several clime in the major part of Rio Grande do Norte and in the hydro regional balance. And, finally, with these data in hand and with the generated maps, we verified that space-temporal distribution of the rain and of the potential hydro availability were heterogeneous in the whole State, mainly in the West and Central regions, inserted in potiguar s semi-arid, which, after the period of the rains station, suffers with dry season and length drought during the rest of the year

A amizade para Foucault: resistências criativas face ao biopoder

O artigo trabalha a noção de amizade em Foucault como um modo de vida que se opõe ao processo de normalização empreendido pelo biopoder. Inicia com uma caracterização acerca do Estado Moderno. Logo após, aborda a historicidade dos processos de subjetivação e de como a atitude frente a estes implica estados de maior autonomia ou sujeição. em seguida, aborda a amizade como resistência à normalização, situando-a em relação ao prazer e à sexualidade. Por fim, discute o papel da filosofia no processo de constituição da amizade, particularmente quanto à possibilidade de pensá-la por meio de uma teoria das relações.

Os focos de resistência face ao poder disciplinar: afetos e sociabilidades nos discursos de uma apenada

Coordenação de Aperfeiçoamento de Pessoal de Nível Superior

CENSUS HISTOGRAMS: A SIMPLE FEATURE EXTRACTION and MATCHING APPROACH FOR FACE RECOGNITION

Most face recognition approaches require a prior training where a given distribution of faces is assumed to further predict the identity of test faces. Such an approach may experience difficulty in identifying faces belonging to distributions different from the one provided during the training. A face recognition technique that performs well regardless of training is, therefore, interesting to consider as a basis of more sophisticated methods. In this work, the Census Transform is applied to describe the faces. Based on a scanning window which extracts local histograms of Census Features, we present a method that directly matches face samples. With this simple technique, 97.2% of the faces in the FERET fa/fb test were correctly recognized. Despite being an easy test set, we have found no other approaches in literature regarding straight comparisons of faces with such a performance. Also, a window for further improvement is presented. Among other techniques, we demonstrate how the use of SVMs over the Census Histogram representation can increase the recognition performance.

Human face verification based on multidimensional Polynomial Powers of Sigmoid (PPS)

In this paper, we described how a multidimensional wavelet neural networks based on Polynomial Powers of Sigmoid (PPS) can be constructed, trained and applied in image processing tasks. In this sense, a novel and uniform framework for face verification is presented. The framework is based on a family of PPS wavelets,generated from linear combination of the sigmoid functions, and can be considered appearance based in that features are extracted from the face image. The feature vectors are then subjected to subspace projection of PPS-wavelet. The design of PPS-wavelet neural networks is also discussed, which is seldom reported in the literature. The Stirling Universitys face database were used to generate the results. Our method has achieved 92 % of correct detection and 5 % of false detection rate on the database.

A percepção das características da face infantil por adultos e crianças sob uma perspectiva evolucionista

Child facial cues evoke attention, parental care behaviors and modulate for infant- caretaker interactions. Lorenz described the baby schema ( Kindchenschema ) as a set of infantile physical features such as the large head, round face, high and protruding forehead, big eyes, chubby cheeks, small nose and mouth. Previous work on this fundamental concept was restricted to positive perception to infant face, and did not show consistent results about the development individuals perceptions, regarding the physical attributes that worked as markers of cuteness. Here, we experimentally tested the effects of baby schema on the perception of cuteness of infant faces by children and adults. We used 60 none graphically manipulated photos of different stimulus children faces from 4 to 9 years old. In the first task for the adults experimental subjects, ten stimulus photos were shown, whereas for children experimental subjects, four stimulus photos were shown at a time, with a total of six rounds. The second task involved only adults, who indicated the motivation of affective behaviors and care directed to children through a Likert scale. Our results suggest that both participants judged similarly the cuteness of children's faces, and the physical features markers of this perception were observed only for younger stimulus children. Adults have attributed more motivations of positive behaviors to cuter stimulus children. The recognition of the baby schema by individuals of different ages and genders confers the universality and power of children's physical attributes. From the evolutionary perspective the responsiveness to baby schema is significant to ensure aloparental and parental investment, and the consequent children survival

A newly recognized syndrome of marfanoid habitus; Long face; Hypotelorism; Long, thin nose; Long, thin hands and feet; and a specific pattern of language and learning disabilities

Here, we report on a newly recognized syndrome in a Brazilian family with three affected women, who had a Marfanoid habitus; long face; hypotelorism; long, thin nose; long, thin hands and feet; and language and learning disabilities. The disorder is compatible with autosomal dominant inheritance. (C) 2007 Wiley-Liss, Inc.

Recidivas e recorrências de carcinomas basocelulares da face

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

Avaliação de parâmetros métricos oculares pela fotografia digital da face: uso do diâmetro da íris como unidade de referência

Purpose: To evaluate reproducibility and precision of ocular measurements by digital photograph analysis, in addition to the transformation of the measures according to the individual iris diameter as an oculometric reference. Methods: Twenty-four eyes have been digitally photographed in a standardized way at two distances. Two researchers have analyzed these printed images using a caliper and these digital forms by ImageJ 1.37 (TM). Several external ocular parameters were estimated (mm and as iris diameter) and methods of measurement compared regarding their precision, agreement and correlation. Results: Caliper and digital analysis of oculometric measures provided significant agreement and correlation, nevertheless the precision of digital measures was higher. The estimates of numeric transformation from oculometric measures according to individual iris diameter resulted in great correlation to caliper measures and high agreement when compared to different distances of taking the photographs. Conclusions: Facial digital photographs allowed oculometric precise and reproducible estimates, endorsing clinical research usefulness. Using iris diameter as individual oculometric reference disclosed high reproducibility when facial photographs were taken at different distances.