909 resultados para provisions
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Rogram relying on sociological interface between Economic Sociology, Sociology of Moral Theory of Socialization and Social Stratification, this dissertation research makes use of theoretical contributions Luic Boltanski, Charles Taylor, Axel Honneth, Pierre Bourdieu and Bernard Lahire to problematize the generally about the physical and symbolic production and social reproduction of the type of "economic ethics" predominant in the new petite bourgeoisie Brazilian. In other words, the goal is to explain and analyze the objective conditions (economic needs and moral grammar) and intersubjective (modes of socialization and social networks) and update the social genesis and contextual transcontextual beliefs, biases, inclinations and cultural regularities observed the economic behavior of individual profiles for the fractions of the urban petty bourgeoisie and commercial upward Natal / RN. With regard to methodological strategies adopted in data collection will be conducted qualitative interviews (semistructured) and ethnographic notes. In turn, the analytical treatment of the collected empirical content is based on the approach dispositionalist (Pierre Bourdieu, Loïc Wacquant and Bernard Lahire) that emphasizes the study of the past embedded agents and the different contexts of incorporation / activation / inhibition of "provisions" individual cultural
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Taking as a starting point the Classic Federalism and theory of the development this Work intend to present some ideas linked about cooperation between federal entities and intergovernmental relations with the main focus the regulation by the Public Consortia aimed at administrative efficiency as a Constitutional Principle of Activity Administrative, against the current provisions of the Federal Constituition of 1988, and infraconstitutional legislation in order to provoke debate and criticism about the principle of cooperation adopted as a paradigm and the capabilities that the state has and what it is, in fact, an efficient management public. It is in the growth of the state, and not a decrease as a minimal state, which aims to discuss its role in promoting the collective interests, and it is therefore essential, as an institution able to intervene on citizens in the search for socially relevant results. Study Federalism and Development on the premise of public consortia and administrative efficiency requires study the course of history as the formation of the Brazilian State, in particular the fact that he is in joint effort between federal agencies - federal, state and municipal - in order to better review the relations established in this plan, in what concerns directly on the issue of division of powers, especially the common or competitors and the subject of the highest relevance for the implementation of an effective federal pact. Finally, the objective of this Work is not only particularize the institute of public consortia, it is intended to demonstrate the deviousness of the concept of efficiency and the division of powers of federal agencies and the constitutional contribution of the institute as a program that should be put in a tone of debate, adequacy of the practice and the law itself
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The Federal Constitution of 1988 is recognized for its enlargement in the face of large amount of provisions that make it up, among which many are fundamental rights. The fundamental rules set up the foundation of a democratic state, however, are the necessary legal mechanisms to be effective, its exercise is not enough merely to state them, but to offer ways for them to stop being just written standard on paper, and come to be viewed and exercised day-to-day. In this sense, access to justice presents itself in our times, as a cornerstone for a just society dictates. In this light, access to justice can be seen as the most fundamental of rights, which translates as instruments able to safeguard the fundamental rights not only against the action/omission violating the state but also the very particular. Furthermore, access to justice within the legal country, is not right for everyone, despite the willingness of the Citizen Charter in its article 5, paragraph LXXIV, ensuring that the State shall provide full and free legal assistance to those in need. More than half of the population lives in poverty and can´t afford to pay legal fees or court costs as well as a bump in their own ignorance of their rights. The judiciary, in their primary function, is in charge of trying to correct the violation of the rights, intending to effect a true distributive justice, serving as a paradigm for the promotion of substantive equality of human beings, however, is difficult and tortuous access Justice for those without financial resources. In this vein, we present the Public Defender, as keeper of the masses in its institutional role, defending a disadvantage, in the words, as a mechanism for effective access to justice, ensuring therefore fundamental rights. Public Defenders arise at the time or much discussion highlights the priority of actual access to justice, custody, therefore, intimate bond with the pursuit of fundamental rights, in which, that advance the broad range of rights, without whom could defend them or guardianship them
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It is verified worldwide an increasing concern with the protection of natural resources in the planet, a fact that became relevant in Brazil since the promulgation of the Constitution of 1988, based on the viewpoint of sustainable development, which seeks to promote economic activities in the country according to the need for conservation and preservation of natural resources for the use of present and future generations. In addition, we seek to reduce the differences that occur in our society by determining as a fundamental objective to be persecuted by the Federative Republic of Brazil the reduction of social and regional inequalities. A value that should also be observed in the context of economic activities developed here, since it is a general principle of financial and economic order of the country. Therefore, considering the exhaustion of world s reserves of fossil fuels, as well as the impacts on the environment, especially for the large emission of greenhouse effect gases, the debate about the need to change the global energy matrix increases while alternative energy sources appears as a bet to fulfill the contemporary aspirations for sustainability, and Brazil emerges in a very favorable position, because it has the essential natural conditions to allow this sector s full development. In this perspective, the work has the scope to analyze how the production of alternative energy sources may act in the search for concretization of constitutional values, to promote sustainable development for present and future generations, and to reduce regional and social inequalities in an attempt to improve the quality of life of the population. It will also be observed the current regulatory framework of alternative energy sources in the national laws to verify the existence of legal and institutional security, which is necessary to guarantee the full development of the sector in the country. And to investigate the expected results, it will be observed through the concrete evaluation of specific practices adopted in the industry, analyzing their actual compliance with the constitutional provisions under analysis, based on the examination of the possibility of using renewable biomass sources for biofuel production, promoting development to the country, indicating the opening lines about how this important sector can act to solve the energy challenge today
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This dissertation deals with the social function of the contract, based on constitutional principles, especially those relating to fundamental rights. The social function of the contract (general clause) is described in the Civil Code so intentionally generic, no precise criteria to define it. Because of the fluidity of this principle, it is justified its closer study, seeking to assess its various meanings and looking away from the legal uncertainty that an unlimited conceptual vagueness can cause. The social function of the contract arises from a transformation experienced in private law from the inflows received from the Constitutional Law, the result of an evolutionary process by which it became the state structure, leaving the foundations of the classical liberal state and moving toward a vision guided by existential human values that give the keynote of the Welfare State. Arose, then the concern about the effectiveness of fundamental rights in relations between individuals, which is studied from the inapplicability of fundamental rights in private relations (U.S. doctrine of State action), passing to the analysis of the Theory of indirect horizontal effect of fundamental rights (of German creation and majority acceptance), reaching the right horizontal efficacy Theory of fundamental rights, prevailing Brazilian doctrine and jurisprudence. It has also been investigated the foundations of the social contract, pointing out that, apart from the provisions of the constitutional legislation, that base the principle on screen, there have also been noticed foundations in the Federal Constitution, in devices like the art. 1, III, the dignity of the human person is the north of the relationship between contractors. Also art. 3rd, I CF/88 bases the vision of social covenants, equipping it for the implementation of social solidarity, as one of the fundamental objectives of the Republic. Still on art. 170 of the Constitution it is seen as a locus of reasoning in the social function of the contract, the maintenance of the economic order. It is also studied the internal and external aspects of the social function of the contract, being the first part the one that considers the requirement of respect for contractual loyalty, through the objective good faith, as a result of the dignity of the hirer may not be offended by the other through the contract. On the other hand, the external facet of the social function of the contract, in line with the constitutional mandate of solidarity, indicates the need for contractors to respect the rights of society, namely the diffuse, collective and individual third party. In this external appearance, it is also pointed the notion of external credit protection, addressing the duty of society to respect the contract. There has been shown some notions of the social contract in comparative law. Then, there has been investigated the content of principle study, through their interrelationships with other provisions of private and constitutional law, namely equality, objective good faith, private autonomy and dignity of the human person. We study the application of the social contract in contractual networks as well as the guidance of conservation of contracts, especially those denominated long-term captive contracts, considering the theory of substantive due performance, concluding with an analysis of the social contract in code of Consumer Protection
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The independence of the United States and the revolutions that emerged in Europe in the eighteenth century led to the birth of the written constitution, with a mission to limit the power of the State and to ensure fundamental rights to citizens. Thus, the Constitution has become the norm and ultimate founding of the State. Because of this superiority felt the need to protect her, emerging from that constitutional jurisdiction, taking control of constitutionality of provisions his main instrument. In Brazil, the constitutionality control began with the Constitution of 1891, when "imported" the American model, which is named after incidental diffuse model of judicial review. Indeed, allowed that any judge or court could declare the unconstitutionality of the law or normative act in a concrete case. However, the Brazilian Constituent did not bring the U.S. Institute of stare decisis, by which the precedents of higher courts eventually link the below. Because of this lack, each tribunal Brazilian freely decide about the constitutionality of a rule, so that the decision took effect only between the parties to the dispute. This prompted the emergence of conflicting decisions between judicantes organs, which ultimately undermine legal certainty and the image of the judiciary. As a solution to the problem, was incorporated from the 1934 Constitution to rule that the Senate would suspend the law declared unconstitutional by the Supreme Court. With the introduction of abstract control of constitutionality, since 1965, the Supreme Court went on to also have the power to declare the invalidity of the provision unconstitutional, effectively against all without the need for the participation of the Senate. However, it remained the view that in case the Supreme Court declared the unconstitutionality of the fuzzy control law by the Senate would continue with the competence to suspend the law unconstitutional, thus the decision of the Praetorium Exalted restricted parties. The 1988 Constitution strengthened the abstract control expanding legitimized the Declaratory Action of Unconstitutionality and creating new mechanisms of abstract control. Adding to this, the Constitutional Amendment. No. 45/2004 brought the requirement of general repercussion and created the Office of Binding Precedent, both to be applied by the Supreme Court judgments in individual cases, thus causing an approximation between the control abstract and concrete constitutional. Saw themselves so that the Supreme Court, to be the guardian of the Constitution, its action should be directed to the trial of issues of public interest. In this new reality, it becomes more necessary the participation of the Senate to the law declared unconstitutional in fuzzy control by the Supreme Court can reach everyone, because such an interpretation has become obsolete. So, to adapt it to this reality, such a rule must be read in the sense that the Senate give publicity to the law declared unconstitutional by the Supreme Court, since mutated constitutional
As aulas régias da Capitania da Bahia (1759 1827): pensamento, vida e trabalho de nobres professores
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Simultanément à l' expulsion des jésuites du contrôles de l' éducaton formeI du royaume portugais, l'Ordre du 28 juin 1759 a décrété une reforme générale aux études, comme une des partie d'un ensemble de mesures modernisatoires qui ont été établisent dans le Royaume et dans ses domaines à la période comprise entre 1750 et 1777, pendant le royaume de D. José I et sous la direction de son principal ministre, Sebastião José Carvalho e MeIo, plus connu par le titre de noblesse de Marquis de Pombal. Notre thèse, locaIisée notament à la Capitanie de Bahia (Capitanie - division politique administrative du Brésil Colonie) entre les années de 1759 à 1827, a comme objet d'études les singularités du magistère bahianais et comme objectif, à partir de Ia référence théorique de l'histoire sociale des idées, comprendre comment les membres de cette nouvelle catégorie professionelle, crée pour préparés des cadres professionels mais bien qualifiés pour exercer leurs fonctions de burocratie de l'État, ont pris contact avec la pensée reforniste ilustré portugais du siècle XVIII, ont été véhiculé autant par des étrangérisés, comme par la législation pombalina (du Marquis de Pombal) et comme cet ensembIe théorique rapporté à la pensée, la vie et le travail d'enseignant de ces premiers représentants du magistère bahianais. L' analyse de la documentation (des lettres, et des ordres royals, des licences officielles pour exercer la fonction, et des serments des professeurs royal pour les plusieurs villages et capitanies; registres de correspondence reçues et envoyées par les chambres des villages; registres et correspondences expédiées par plusieurs autorités; provisions; tous les types de licences et autorisations; désignation; testament et inventaires) montre que les professeurs royals, malgré la quantité pas très nombreuses de membres, ont été extremement actifs sur les décisions les plus importantes de la période de celle qui est connue comme la crise du système colonial, qui, en Bahia, a eu ses particularités dans un mouvement d' émancipation politique seulement au mois de juillet 1823. Finallement, on a le but, dans le contenu de cette thèse de doctorat, d'offrir une connaissance sur l'histoire de l'éducation brésilienne et bahianaise qu' on retrouve encore entouré de doutes, préjugements et imterpretations équivoques qui insistent d'anaIyser le Brésil sous un stigmate du retard du royaume portugais, malgré sa production récente dans l'historiographie
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Pythagoras was one of the most important pre-Socratic thinkers, and the movement he founded, Pythagoreanism, influenced a whole thought later in religion and science. Iamblichus, an important Neoplatonic and Neopythagorean philosopher of the third century AD, produced one of the most important biographies of Pythagoras in his work Life of Pythagoras. In it he portrays the life of Pythagoras and provides information on Pythagoreanism, such as the Pythagorean religious community which resembled the cult of mysteries; the Pythagorean involvement in political affairs and in the government in southern Italy, the use of music by the Pythagoreans (means of purification of healing, use of theoretical study), the Pythagorean ethic (Pythagorean friendship and loyalty, temperance, self-control, inner balance); justice; and the attack on the Pythagoreans. Also in this biography, Iamblichus, almost seven hundred years after the termination of the Pythagorean School, established a catalog list with the names of two hundred and eighteen men and sixteen women, supposedly Pythagoreans of different nationalities. Based on this biography, a question was raised: to what extent and in what ways, can the Pythagoreans quoted by Iamblichus really be classified as Pythagoreans? We will take as guiding elements to search for answers to our central problem the following general objectives: to identify, whenever possible, which of the men and women listed in the Iamblichus catalog may be deemed Pythagorean and specific; (a) to describe the mystery religions; (b) to reflect on the similarities between the cult of mysteries and the Pythagorean School; (c) to develop criteria to define what is being a Pythagorean; (d) to define a Pythagorean; (e) to identify, if possible, through names, places of birth, life, thoughts, work, lifestyle, generation, etc.., each of the men and women listed by Iamblichus; (f) to highlight who, in the catalog, could really be considered Pythagorean, or adjusting to one or more criteria established in c, or also to the provisions of item d. To realize these goals, we conducted a literature review based on ancient sources that discuss the Pythagoreanism, especially Iamblichus (1986), Plato (2000), Aristotle (2009), as well as modern scholars of the Pythagorean movement, Cameron (1938), Burnet (1955), Burkert (1972), Barnes (1997), Gorman (n.d.), Guthrie (1988), Khan (1999), Mattéi (2000), Kirk, Raven and Shofield (2005), Fossa and Gorman (n.d.) (2010). The results of our survey show that, despite little or no availability of information on the names of alleged Pythagoreans listed by Iamblichus, if we apply the criteria and the definition set by us of what comes to be a Pythagorean to some names for which we have evidence, it is possible to assume that Iamblichus produced a list which included some Pythagoreans
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This work presents the analysis of data collected by Universidade Federal do Rio Grande do Norte and State Public Prosecution Office experts concerning to current situation of liquid fuel resale stations, its forms of storage and its technical apparatus for the performance of primary functions (supply of vehicles) and secondary (car washing, storage of used oil, oil change etc.). The data presented were analyzed in the setting of the city of Natal (RN) and considering its characteristics, potentialities and weaknesses. Thereafter, it was discussed liquid fuels resale pollution potential in the city and legal provisions directed to implementation of Green Seal. The discussion involves three agents: environmental, legal and technical ones, applied to all 110 resale fuel stations which were analyzed
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Through a careful examination of the relationship between Zoroastrianism and the Western tradition, and a detailed and critical reading of the writings of Nietzsche, this work aims at showing to what extent the character Zarathustra , his discourses and poetical-philosophical thoughts, and related passages from many distinct Nietzschean works, directly or undirectly reflect a philosophy that harvests contributions from the Zoroastrian tradition or its headways (in the Judeo-Greco-Christian tradition, and furthermore in the whole Western philosophical tradition). Supplied with this provisions, and with the interpretation cast upon them, Nietzschean philosophy questions the entire Western tradition of thought, and proposes its replacement by a new attitude towards life. This work also intends to show the way the Nietzschean Zarathustra was built up, in the writings of the German philosopher, together with the idea of making, out of the namesake character of the ancient Iranian prophet (Zarathushtra or Zoroaster, the founder of Zoroastrianism), the herald of that important text that intended to bring the German language to its highest perfection , clumping together, and leading to a prophetic-poetic climax consonant with the meaning of the Earth , Nietzsche s key ideas about the rectification of the most fatal of errors and about the death of God . An elaborate investigation has been pursued after the reasons and manners of the building up of Nietzsche s Zarathustra mirroring its Iranian namesake (sections 1.1 to 1.6), and a survey of the works of Nietzsche has suggested unquestionable relations with the Zoroastrian tradition, mostly through the Jewish, Greek or Christian repercussions of this tradition. These relations have been put in context, in many framings (sections 2.1 to 2.3.2), in the ambit of the most fatal of errors - the - creation of morals in the very occasion of its transposition to metaphysics (Ecce Homo, Why I am a destiny , 3). Through an evaluation of the possible circumstances and repercussions of the death of God , the relations between Nietzsche s writings and Zoroastrian tradition have been investigated (sections 3.1 to 3.7), allowing the understanding of this event as an essential component, and tragic outcome, of the rectification of the most fatal of errors
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Soil contamination by pesticides is an environmental problem that needs to be monitored and avoided. However, the lack of fast, accurate and low cost analytical methods for discovering residual pesticide in complex matrices, such as soil, is a problem still unresolved. This problem needs to be solved before we are able to assess the quality of environmental samples. The intensive use of pesticides has increased since the 60s, because the dependence of their use, causing biological imbalances and promoting resistance and recurrence of high populations of pests and pathogens (upwelling). This has contributed to the appearance of new pests that were previously under natural control. To develop analytical methods that are able to quantify residues pesticide in complex environment. It is still a challenge for many laboratories. The integration of two analytical methods one ecotoxicological and another chemical demonstrates the potential for environmental analysis of methamidophos. The aim of this study was to evaluate an ecotoxicological method as "screening" analytical methamidophos in the soil and perform analytical confirmation in the samples of the concentration of the analyte by chemical method LC-MS/MS In this work we tested two soils: a clayey and sandy, both in contact with the kinetic methamidophos model followed pseudo-second order. The clay soil showed higher absorption of methamidophos and followed the Freundlich model, while the sandy, the Langmuir model. The chemical method was validated LC-MS/MS satisfactory, showing all parameters of linearity, range, precision, accuracy, and sensitivity adequate. In chronic ecotoxicological tests with C. dubia, the NOEC was 4.93 and 3.24 for ng L-1 of methamidophos to elutriate assays of sandy and clay soils, respectively. The method for ecotoxicological levels was more sensitive than LC-MS/MS detection of methamidophos, loamy and sandy soils. However, decreasing the concentration of the standard for analytical methamidophos and adjusting for the validation conditions chemical acquires a limit of quantification (LOQ) in ng L-1, consistent with the provisions of ecotoxicological test. The methods described should be used as an analytical tool for methamidophos in soil, and the ecotoxicological analysis can be used as a "screening" and LC-MS/MS as confirmatory analysis of the analyte molecule, confirming the objectives of this work
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Fundação de Amparo à Pesquisa do Estado de São Paulo (FAPESP)
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Fundação de Amparo à Pesquisa do Estado de São Paulo (FAPESP)
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The code STATFLUX, implementing a new and simple statistical procedure for the calculation of transfer coefficients in radionuclide transport to animals and plants, is proposed. The method is based on the general multiple-compartment model, which uses a system of linear equations involving geometrical volume considerations. Flow parameters were estimated by employing two different least-squares procedures: Derivative and Gauss-Marquardt methods, with the available experimental data of radionuclide concentrations as the input functions of time. The solution of the inverse problem, which relates a given set of flow parameter with the time evolution of concentration functions, is achieved via a Monte Carlo Simulation procedure.Program summaryTitle of program: STATFLUXCatalogue identifier: ADYS_v1_0Program summary URL: http://cpc.cs.qub.ac.uk/summaries/ADYS_v1_0Program obtainable from: CPC Program Library, Queen's University of Belfast, N. IrelandLicensing provisions: noneComputer for which the program is designed and others on which it has been tested: Micro-computer with Intel Pentium III, 3.0 GHzInstallation: Laboratory of Linear Accelerator, Department of Experimental Physics, University of São Paulo, BrazilOperating system: Windows 2000 and Windows XPProgramming language used: Fortran-77 as implemented in Microsoft Fortran 4.0. NOTE: Microsoft Fortran includes non-standard features which are used in this program. Standard Fortran compilers such as, g77, f77, ifort and NAG95, are not able to compile the code and therefore it has not been possible for the CPC Program Library to test the program.Memory, required to execute with typical data: 8 Mbytes of RAM memory and 100 MB of Hard disk memoryNo. of bits in a word: 16No. of lines in distributed program, including test data, etc.: 6912No. of bytes in distributed Program, including test data, etc.: 229 541Distribution format: tar.gzNature of the physical problem: the investigation of transport mechanisms for radioactive substances, through environmental pathways, is very important for radiological protection of populations. One such pathway, associated with the food chain, is the grass-animal-man sequence. The distribution of trace elements in humans and laboratory animals has been intensively studied over the past 60 years [R.C. Pendlenton, C.W. Mays, R.D. Lloyd, A.L. Brooks, Differential accumulation of iodine-131 from local fallout in people and milk, Health Phys. 9 (1963) 1253-1262]. In addition, investigations on the incidence of cancer in humans, and a possible causal relationship to radioactive fallout, have been undertaken [E.S. Weiss, M.L. Rallison, W.T. London, W.T. Carlyle Thompson, Thyroid nodularity in southwestern Utah school children exposed to fallout radiation, Amer. J. Public Health 61 (1971) 241-249; M.L. Rallison, B.M. Dobyns, F.R. Keating, J.E. Rall, F.H. Tyler, Thyroid diseases in children, Amer. J. Med. 56 (1974) 457-463; J.L. Lyon, M.R. Klauber, J.W. Gardner, K.S. Udall, Childhood leukemia associated with fallout from nuclear testing, N. Engl. J. Med. 300 (1979) 397-402]. From the pathways of entry of radionuclides in the human (or animal) body, ingestion is the most important because it is closely related to life-long alimentary (or dietary) habits. Those radionuclides which are able to enter the living cells by either metabolic or other processes give rise to localized doses which can be very high. The evaluation of these internally localized doses is of paramount importance for the assessment of radiobiological risks and radiological protection. The time behavior of trace concentration in organs is the principal input for prediction of internal doses after acute or chronic exposure. The General Multiple-Compartment Model (GMCM) is the powerful and more accepted method for biokinetical studies, which allows the calculation of concentration of trace elements in organs as a function of time, when the flow parameters of the model are known. However, few biokinetics data exist in the literature, and the determination of flow and transfer parameters by statistical fitting for each system is an open problem.Restriction on the complexity of the problem: This version of the code works with the constant volume approximation, which is valid for many situations where the biological half-live of a trace is lower than the volume rise time. Another restriction is related to the central flux model. The model considered in the code assumes that exist one central compartment (e.g., blood), that connect the flow with all compartments, and the flow between other compartments is not included.Typical running time: Depends on the choice for calculations. Using the Derivative Method the time is very short (a few minutes) for any number of compartments considered. When the Gauss-Marquardt iterative method is used the calculation time can be approximately 5-6 hours when similar to 15 compartments are considered. (C) 2006 Elsevier B.V. All rights reserved.
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