A tutela penal dos discursos potencialmente ofensivos

O presente trabalho tem como ponto de partida os problemas que podem advir doexercício potencialmente danoso da liberdade de expressão. Desta forma, foram estabelecidas, inicialmente, as premissas sobre as quais se deve fundamentar o Direito Penal no seio de um Estado Democrático de Direito. Posteriormente, foram analisados os contornos do bem jurídico limitado pela eventual intervenção penal, bem como as características e principais formas de manifestação do problema, tendo sido estabelecido, ainda, um panorama do tratamento jurídico-penal conferido ao problema nos Estados Unidos, na Alemanha, na Corte Europeia de Direitos Humanos e no Brasil. Da análise restou comprovado que há uma tendência majoritária à admissibilidade da intervenção penal sobre o problema, limitando discursos potencialmente danosos como forma de promover uma sociedade mais pluralista e tolerante. Partindo-se desta constatação, buscou-se elaborar uma proposta dogmática que possa servir como mecanismo de limitação do poder punitivo, estabelecendo-se critérios minimamente satisfatórios para a aferição da potencialidade lesiva de um discurso. Por fim, apresentou-se uma análise crítica a respeito de tais processos criminalizatórios, já que constituem mera tentativa de promoção de minha exposição valores por meio do Direito Penal, o que não poderia ser admitido num Estado Democrático de Direito.

Marine Fisheries Stock Assessment Improvement Plan: report of the National Marine Fisheries Service National Task Force for Improving Fish Stock Assessments

This report argues for greatly increased resources in terms of data collection facilities and staff to collect, process, and analyze the data, and to communicate the results, in order for NMFS to fulfill its mandate to conserve and manage marine resources. In fact, the authors of this report had great difficulty defining the "ideal" situation to which fisheries stock assessments and management should aspire. One of the primary objectives of fisheries management is to develop sustainable harvest policies that minimize the risks of overfishing both target species and associated species. This can be achieved in a wide spectrum of ways, ranging between the following two extremes. The first is to implement only simple management measures with correspondingly simple assessment demands, which will usually mean setting fishing mortality targets at relatively low levels in order to reduce the risk of unknowingly overfishing or driving ecosystems towards undesirable system states. The second is to expand existing data collection and analysis programs to provide an adequate knowledge base that can support higher fishing mortality targets while still ensuring low risk to target and associated species and ecosystems. However, defining "adequate" is difficult, especially when scientists have not even identified all marine species, and information on catches, abundances, and life histories of many target species, and most associated species, is sparse. Increasing calls from the public, stakeholders, and the scientific community to implement ecosystem-based stock assessment and management make it even more difficult to define "adequate," especially when "ecosystem-based management" is itself not well-defined. In attempting to describe the data collection and assessment needs for the latter, the authors took a pragmatic approach, rather than trying to estimate the resources required to develop a knowledge base about the fine-scale detailed distributions, abundances, and associations of all marine species. Thus, the specified resource requirements will not meet the expectations of some stakeholders. In addition, the Stock Assessment Improvement Plan is designed to be complementary to other related plans, and therefore does not duplicate the resource requirements detailed in those plans, except as otherwise noted.

Mapping the shallow-water coral ecosystems of the Freely Associated States: an implementation plan

This Freely Associated States Shallow-water Coral Ecosystem Mapping Implementation Plan (FAS MIP) presents a framework for the development of shallow-water (~0–40 m; 0–22 fm) benthic habitat and possibly bathymetric maps of critical areas of the Freely Associated States (FAS). The FAS is made up of three self-governing groups of islands and atolls—the Republic of Palau (Palau), the Federated States of Micronesia (FSM), and the Republic of the Marshall Islands (RMI)—that are affiliated with the United States through Compacts of Free Association. This MIP was developed with extensive input from colleges, national and state regulatory and management agencies, federal agencies, non-governmental organizations, and individuals involved in or supporting the conservation and management of the FAS’s coral ecosystems. A list of organizations and individuals that provided input to the development of this MIP is provided in Appendix 1. This MIP has been developed to complement the Coral Reef Mapping Implementation Plan (2nd Draft) released in 1999 by the U.S. Coral Reef Task Force’s Mapping and Information Synthesis Working Group. That plan focused on mapping United States and FAS shallow-water (then defined as <30 m) coral reefs by 2009, based on available funding and geographic priorities, using primarily visual interpretation of aerial photography and satellite imagery. This MIP focuses on mapping the shallow-water (now defined as 0–40 m, rather than 0–30 m) coral ecosystems of the FAS using a suite of technologies and map development procedures. Both this FAS MIP and the 1999 Coral Reef Mapping Implementation Plan (2nd Draft) support to goals of the National Action Plan to Conserve Coral Reefs (U.S. Coral Reef Task Force, 2000). This FAS MIP presents a framework for mapping the coral ecosystems of the FAS and should be considered an evolving document. As priorities change, funding opportunities arise, new data are collected, and new technologies become available, the information presented herein will change.

Mapping southern Florida's shallow-water coral ecosystems: an implementation plan

The Southern Florida Shallow-water Coral Ecosystem Mapping Implementation Plan (MIP) discusses the need to produce shallow-water (~0-40 m; 0-22 fm) benthic habitat and bathymetric maps of critical areas in southern Florida and moderate-depth (~40-200 m; 22 -109 fm) bathymetric maps for all of Florida. The ~0-40 m depth regime generally represents where most hermatypic coral species are found and where most direct impacts from pollution and coastal development occur. The plan was developed with extensive input from over 90 representatives of state regulatory and management agencies, federal agencies, universities, and non-governmental organizations involved in the conservation and management of Florida’s coral ecosystems. Southern Florida’s coral ecosystems are extensive. They extend from the Dry Tortugas in the Florida Keys as far north as St Lucie Inlet on the Atlantic Ocean coast and Tarpon Springs on the Gulf of Mexico coast. Using 10 fm (18 m) depth curves on nautical charts as a guide, southern Florida has as much as 84 percent (30,801 sq km) of 36,812 sq km of potential shallow-water (<10 fm; <18 m) coral ecosystems the tropical and subtropical U.S. Moreover, southern Florida’s coral ecosystems contribute greatly to the regional economy. Coral ecosystem-related expenditures generated $4.4 billion in sales, income, and employment and created over 70,000 full-time and part-time jobs in the region during the recent 12-month periods when surveys were conducted.

Work plan for analytical support of an integrated ecosystem assessment of the California Current Large Marine Ecosystem, FY11 ‐ FY13

NOAA/NCCOS is conducting the following work for the NOAA California Current Integrated Ecosystem Assessment, in support of the NOAA/NMFS Northwest Fisheries Science Center.

Harmful algal bloom management and response: assessment and plan

This report, "Harmful Algal Bloom Management and Response: Assessment and Plan" reviews and evaluates Harmful Algal Bloom (HAB) management and response efforts, identifies current prevention, control, and mitigation programs for HABs, and presents an innovative research, event response, and infrastructure development plan for advancing the response to HABs. In December 2004, Congress enacted and the President signed into law the Harmful Algal Bloom and Hypoxia Amendments Act of 2004, (HABHRCA 2004). The reauthorization of HABHRCA acknowledged that HABs are one of the most scientifically complex and economically damaging coastal issues challenging our ability to safeguard the health of our Nation’s coastal ecosystems. The Administration further recognized the importance of HABs as a high priority national issue by specifically calling for the implementation of HABHRCA in the President’s U.S. Ocean Action Plan. HABHRCA 2004 requires four reports to assess and recommend research programs on HABs in U.S. waters. This document comprises two linked reports specifically aimed at improving HAB management and response: the Prediction and Response Report and the follow-up plan, the National Scientific Research, Development, Demonstration, and Technology Transfer (RDDTT) Plan on Reducing Impacts from Harmful Algal Blooms. This document was prepared by the Interagency Working Group on Harmful Algal Blooms, Hypoxia, and Human Health, which was chartered through the Joint Subcommittee on Ocean Science and Technology of the National Science and Technology Council and the Interagency Committee on Ocean Science and Resource Management Integration. This report complements and expands upon HAB-related priorities identified in Charting the Course for Ocean Science in the United States for the Next Decade: An Ocean Research Priorities Plan and Implementation Strategy, recently released by the Joint Subcommittee on Ocean Science and Technology. It draws from the contributions of numerous experts and stakeholders from federal, state, and local governments, academia, industry, and non-governmental organizations through direct contributions, previous reports and planning efforts, a public comment period, and a workshop convened to develop strategies for a HAB management and response plan. Given the importance of the Nation’s coastal ocean, estuaries, and inland waters to our quality of life, our culture, and the economy, it is imperative that we move forward to better understand and mitigate the impacts of HABs which threaten all of our coasts and inland waters. This report is an effort to assess the extent of federal, state and local efforts to predict and respond to HAB events and to identify opportunities for charting a way forward.