Direito fundamental ao tempo razoável do processo judicial: limites e possibilidades de concretização no ordenamento jurídico pátrio

This dissertation aims to address the limits and possibilities of realizing the fundamental right to reasonable time of the Brazilian legal system process. From this perspective, we analyze a reasonable time concept for the process, consistent with the civil homeland process; the relationship between efficiency, effectiveness, legal security and reasonable time of adjudication; a formal recognition of the fundamental right to reasonable time of the procedure in the Constitution of 1988; and the immediate applicability of this fundamental right. As indicated, the crisis of the Judiciary and procedural delay are problems directly related to the limits and possibilities of realization of the fundamental right under study. Moreover, we also present some mechanisms that can be used to overcome these problems. The subject was developed based on constitutional interpretation of fundamental rights, an approach that will always have this concern to be based on a methodology which includes the normative and empirical-dogmatic fields, realizing the fundamental right to reasonable time of the process. We adopted as methodological approach the study of this issue in judicial aspect, more specifically in the field of civil procedure. Finally, we weave through a critical and analytical view, our conclusions, which demonstrate the possibilities of overcoming the limits imposed to immediate implementation of the fundamental right to reasonable time of the process in our legal system

Federealismo e desenvolvimento: cooperação entre os entes federados limites, direitos e deveres

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

O princípio constitucional da legalidade administrativa e os limites do controle das atividades-fim das agências reguladoras pelo Tribunal de Contas da União

Analysis of the role of the Union Accounts Court on the control of regulatory agencies, with the objective of identifying the limits of the Institution s acting on the aim activities of the agencies, particularly the control limits of the Court on the merits of discretionary administrative actions, taking into account the autonomy of these entities in the model of regulatory state. Analyzes the principle of administrative legality, the control of public administration, state s action in the economy and facing regulatory agencies, their emergence, evolution and characteristics. Includes the study of jurisprudence and doctrinal differences, as for the limits of the powers conferred by the constitutional legislator to Federal Court of Audit, regarding the control of agencies aim activities, or, in other terms, their regulatory and inspector missions of market, under the principle of administrative legality. Performs analysis, based on case studies involving Court s audits on regulatory agencies. Are appreciated differences within the Institution about the their decisions effects - imposed or not - as regards the arrangements to be adopted by regulatory agencies to correct the flaws and omissions found during Court s inspections, in which content of the act of public agent, despite their technical nature, can happen the criterion of convenience and opportunity

A revenda de combustível e os limites constitucionais para a sua regulação: uma análise aplicada aos aspectos concorrênciais e ao controle de preços

The gas retail represents the end of a section of the oil and natural gas derivative chain, for it is at this stage where the commercialization of those merchandises takes place towards the costumers. This process involves an enormous amount of economic agents, which reflects on an activity of great influence on the citizen's everyday. By the time of the gas retail price liberalization, in 2002, there were great expectations towards that measure, for the insertion of that segment in a competitive market was likely to create a decrease in prices. As there was not a drastic drop off in cost, the question was no longer the price itself, but, predominantly, the conduct taken by the economic agents that operate the market. Not in vain, the segment introduces a greater number of different procedures combined with the organs that compose the Brazilian System of Competition Protection. What is understood, however, is that many of these complaints are made in a lightly way, without a proper analysis of the market and its practices, that being why, in this paper, evidences the causes of these complaints and explained what, in fact, occurs in this market. Also, the organs that protect the free initiative in the sector use different methods to assess anticompetitive practices, which are counterproductive on the combat of anticompetitive practice, that being why the present paper analyzes the used methods on a critic perspective, choosing one which is believed to be the most adequate. The present work also tries to present the gas retail prices on a constitutional, free competition, free initiative and consumers defense perspective, analyzing the competition s aspects on the gas market; the shaping of the gas prices; the market boundaries; the anti-competitive practices under the gas market; and analyze the possibility, according to the defined economic standards in the constitutional text of existing a greater control or gas price indexing and/or regulation which limits the distributors and resellers profit on gas. Still, in consequence of this analysis, a study on Natal s market behavior will be developed in its competitive feature. That being said, moreover being a theoretical-descriptive study, data and statistics gathered is used, which will lead, willing to grasp an experiential study on a few aspects of the Potiguar gas retail market

A responsabilização criminal no estado democrático de direito: o equilíbrio entre a efetividade e os limites da pretensão punitiva da sociedade

This paper analyzes the relationship between fundamental rights and the exercise of the claim punitive society in a democratic state. It starts with the premise that there are fundamental rights that limit and determine the validity of all forms of manifestation of the claim punitive society (legislating, investigative, adjudicative or ministerial) and there are others that require the state the right exercise, fast and effective of these activities. Travels to history in order to see that the first meaning of these rights was built between the seventeenth and eighteenth centuries, after all a history of abuses committed by state agents in the exercise of criminal justice, and positively valued in the declarations of human rights and proclaimed in the constitutions after the American and French Revolutions, while the second meaning has been assigned between the nineteenth and twentieth centuries, when, because of the serious social problems generated largely by absenteeism state, it was noted that in addition to subjective rights the individual against the state, fundamental rights are also objective values, which trigger an order directed the state to protect them against the action of the offending individuals themselves (duty to protect), the mission of which the State seeks to discharge, among other means, through the issue of legal rules typifying the behavior detrimental to such rights, subject to penalties, and the concrete actions of public institutions created by the Constitution to operate penal law. Under this double bias, it is argued that the rule violates the Constitution in the exercise of the claim punitive society as much as by excess malfere fundamental rights that limit, as when it allows facts wrong by offending fundamental rights, remain unpunished either by inaction or by insufficient measures taken abstractly or concretely provided

Limites formais e materiais ao controle de constitucionalidade pelo Supremo Tribunal Federal

This document approaches the formal and material limits of the constitucionalidade control for the Supreme Federal Court, iniating with the study of the Constitution, detaching its evolution, nature and meanings, passing for its historical evolution, offering still a unconstitutionality concept. Is work the principles as material Constitution, making the distinction entere principles and rules, detaching the characteristics of the principles constitutional, and the basic principle of the Constituition. It analyzes metodologics the historical parameters and of the brazilian system of constitutionality control and detaches the paper of the Supreme Federal Court as positive legislator. It observes the beddings of the constitutionality control and the legitimacy of the Supreme Federal Court. Is examines the performance of the Supreme Federal Court in face of the principle of the legal security. Is offers a vision on the experience of the control of constitutionality in other constries. It still approaches the control of constitutionality in Brazil, detaching the critical points of its formal and material limits. Is verifies the application of the principles constitutional for the Supreme Federal Court in the diffuse control and the intent control of constitutionality, as well as the performance of the Supreme Federal Court ahead of the unconstitutional omissions. It brings to the debate the new perspectives how much to the formal and material limits of the control of constitutionality for the Supreme Federal Court. Objective to elaborate considerations concerning the limits of the constitutional jurisdiction from the model of Constituition, the character politican of the difficulties with respect to the definition of its formal and material limits from the performance of the Supreme Federal Court

A Competência normativa das agências reguladoras e seus limites principiológicos no direito brasileiro

The transition of the liberal state to welfare state, globalization and the crisis of funding from the government spending on the multiple roles demanded an overhaul of the means of intervention in the economic domain and structure organizational of the Public Administration by enhancing the performance of regulatory functions. Therefore appear in Brazilian law independent regulatory agencies with legal administrative particular that gives autonomy increased, with fixed terms and stability of its leaders, police and competencies, normative and administrative judges. In this scenario, given the autonomy granted by the laws of the creation of regulatory agencies, the legislative competence becomes the most contentious issue, as not infrequently is innovation in the legal system. The main foundations of innovative extension producible by regulatory agencies, which diverges doctrine, are the constitutional attribution of own competence of the Public Administration and the discretionary power. Thus, it is necessary to delimit the constitutional and legal foundations of special legislative powers of these autarchies in our legal system, seeking ways to limit and control the production rules of those entities, for the purpose of position them before the powers constitutionally constituted. We note that with the constitutionalisation of administrative law regulatory agencies found limits to its performance in the normative constitutional principles, especially through the principles of efficiency, morality and proportionality, which has enabled a more effective control of their normative acts

Planejamento tributário: Critérios e limites para a desconsideração dos atos e negócios jurídicos pela administração fiscal

Tax planning is a subject that has been increasing in relevance in Tax Law. This current dissertation s objective is to approach the criterion and limits for the disqualification of law acts and business through the Tax Administration. Law acts and business resulted from the conduct of contributors that seek to diminish the growing raise of the tax load, using some means to reduce their burden and increase the possibilities of success in an economical activity, without violating the law in the persecution of paying fewer burdens. On the other hand, the tax administration, through its organs, hoping the increase of burden collection to withstand some determined sectors of the State, with a clear purpose to stop the contributor organizing his activity and structuring it as efficiently as possible, came up with a preliminary draft which left Complementary Law 104, from 10.02.2001, enacted, that inserted the unique paragraph of the National Tax Code, article 116, authorizing the disregard, by the administrative fiscal authority, of Law acts and business practiced to dissimulate the occurrence of burden gain or the nature of obligated incorporating elements, observing the procedures to be established in common law . Our goal is to identify the criteria and limits to disregard law acts and business through the tax administration, pointing out some possible means of action by the tax administration that qualifies it to disregard the contributor s acts and business, just claiming that a saving in the tax costs was made by the contributor s act

Parâmetros biológicos e tabela de vida de Tetranychus urticae (Acari: Tetranychidae) em cultivares de mamão

Este trabalho foi realizado para avaliar o desenvolvimento e reprodução de Tetranychus urticae em cultivares comerciais de mamão Carica papaya. Foram utilizadas cultivares do grupo Formosa (Tainung 01 e Calimosa) e do grupo Solo (Golden e Sunrise). Para iniciar o bioensaio, foi transferida uma fêmea fertilizada por disco de folha (n=50 repetições) e retirado após um período de 12h, sendo avaliada a cada 12h, registrando-se o período de incubação, duração do estágio de imaturo, longevidade e fecundidade dos adultos e viabilidade desses estágios. Os resultados indicaram que as cultivares de mamão Tainung 01, Calimosa, Sunrise e Golden são bons hospedeiros para T. urticae. O parâmetro viabilidade não sofreu influência das cultivares em todas as fases de desenvolvimento avaliadas, apresentando valores superiores a 90%. Não houve diferença estatística entre as cultivares nos parâmetros: período de pre-oviposição e viabilidade dos ovos. A cultivar Tainung 01 apresentou menor potencial hospedeiro, embora houvesse menor duração nos estágios de ovo, larva, protoninfa e ovo-adulto. Nos parâmetros de tabela de vida e fertilidade, apresentou menores valores de Ro, r m e λ e maior valor de Td. Entre as cultivares, o Sunrise apresentou um elevado potencial hospedeiro para T. urticae, pois essa cultivar proporcionou a maior produção de ovos por fêmea, maior longevidade das fêmeas, bem como a maior taxa de reprodução (maior Ro, r m e λ e menor valor de Td).

De Escola Normal de Natal a Instituto de Educação de Presidente a Kennedy (1950−1965): configurações, limites e possibilidades da formação docente

La recherche ci-présentée consiste dans une narrative historique problematisée par rapport à la trajectoire de l École Normale de Natal. Dans ce parcours, nous distingons sa transformation en Institut d Éducation Président Kennedy, en envisageant la période de 1950 jusqu à 1965. L investigation a été procédée ayant pour base les principes de l histoire des institutions éducatives, on a pris deux catégories d analyse historique : la culture scolaire, utile à la compréhension des pratiques éducatives developpées dans l institution d enseignement ; et celle de genre, l École Normale de Natal/Institut d Éducation pour avoir été fréquentés principalement par des femmes qui voulaient travailler dans l enseignement primaire ; alors, une place de genre. Dans cette perspective, nous estimons sa multiplicité d acteurs et de leurs pratiques dans l institution. Nous mettons en évidence sa création et les cycles de son développement (matérialisés dans les plusieurs configurations), en les reliant aux faits locaux et nationaux. Nous distingons les conflits tout le long des années en ce qui concerne l inexistence de l espace physique pour le fonctionnement adéquat de l école, et les changements du savoir apporté moyennant la renovation du programme d enseigement et de la pratique pédagogique. Ainsi, de la tradictionnelle École Normale de Natal à l Institut d Éducation Président Kennedy, cette institution éducative a gardé, dans son identité, le caracter de modèle et d innovation, quand elle a pu assimiler les changements didactico- pédagogique qui avaient eu lieu dans le scénario national se transformant en un centre de référence pour la formation des professeurs, particulièrement des femmes, en différentes époques dans l enseignement potiguar. L École Normale de Natal s est constituée surtout en un établissement pour la conquête, un chemin pour l élargissement de l univers du rôle de ces femmes qui se déplacent de la sphère de l enseignement privé pour accéder au domaine de l enseignement publique, acquérant ainsi un travail rémunéré

Efeito de diferentes fontes de carboidrato e da privação de alimento sobre aspectos biológicos de Telenomus remus Nixon (Hymenoptera, Scelionidae)

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

Aspectos biológicos e dano de Diatraea saccharalis (fabr., 1794) (Lepidoptera: Pyralidae) em sorgo cultivado sob diferentes doses de nitrogênio e potássio

O presente trabalho teve como objetivo avaliar a influência da adubação da cultura do sorgo Sorghum bicolor (L.) Moench, na biologia da broca da cana-de-açúcar Diatraea saccharalis (Fabr., 1794) (Lepidoptera: Pyralidae). Para isso foi utilizado sorgo da cultivar Rubi-Asgrow, plantado em vasos utilizando-se diferentes doses de fertilizantes e mantidos em casa-de-vegetação. Os tratamentos utilizados (doses de NK) foram: N1 = 0-200 ppm; N2 = 50-200 ppm; N3 = 100-200 ppm; N4 = 200-200 ppm; N5 = 400-200 ppm; K1 = 200-0 ppm; K2 = 200-50 ppm; K3 = 200-100 ppm; K4 = 200-200 ppm; e K5 = 200-400 ppm. de modo geral, pode-se concluir que doses de 50 a 200 ppm de N promoveram o desenvolvimento normal das larvas de D. saccharalis, sendo que as menores porcentagens de dano foram verificadas nas menores doses; para o potássio, quanto maior a dose, menor foi o dano causado pelas lagartas, apesar de favorecer o desenvolvimento da mesma.

Mortalidade de Blattella germanica (L. 1767) (Blattodea: blattellidae) sob diferentes áreas e períodos de exposição a diferentes inseticidas

The great importance of cockroaches as household pest have been on their ability to spread microorganisms harmful to humans and animals. Rest during the day in dark, humid and hot as sewerage. At night go into stores and kitchens or places to deposit and manipulation of food as bakeries, restaurants, hospitals and homes wich requires clinig operations. This work aimed to evaluate mortality of B. germanica ( L., 1767) ( Blattodea: Blattellidae) under different periods and exposure area treated by insecticides in laboratory. The tests were carried out at Department of Fitossanidade at UNESP, Campus of Jaboticabal, SP, Brasil. The insecticides were applied by Potter's tower sprayer on Petri dishes. Three times of exposure (2, 8 and 32 min) and four exposure areas ( 25, 50, 75 and 100%) and volume of 0,5 ml for the second experiment were tested. It was used the insecticides Pyrethroids gammacyalothrine, deltamethrine, lambdacialothrine, alfacipermethrine, cipermethrine and carbamates bendiocarb, in the dosages recommended by the manufacturers, and I was used control without application. Five adult cockroaches was confined in the dishes for both experiments. The mortality evaluation was done 0, 1, 2, 4, 24, 48 and 72 hours after of the confinement on the treated surface. It was concluded that for exposure duration experiment all the insecticides have a good efficiency. The exposure area experiment the insecticide cipermethrine was what the one which had the higher mortality. Regarding to the effect of exposure duration on the accumulated mortality every duration times had a high mortality. In relation to the exposure area the highest mortality reached to 100% of treated area.

Não preferência para alimentação e aspectos biológicos de Spodoptera eridania em cultivares de feijão-caupi

The aim of this paper was to evaluate the no-preference for feeding and biological aspects of Spodoptera eridania fed on cowpea cultivars BR17 Gurgueia, BRS Urubuquara, BRS Nova Era, Sempre Verde, BRS Milenio and BR3 Tracuateua. In free-choice test, leaf discs were placed in Petri dishes where one third instar larvae per cultivar was released, whereas in no-choice test one leaf disc was placed per Petri dish where one caterpillar per cultivar was released, evaluating their attractiveness after 1, 3, 5, 10, 15, 30, 60, 120, 360 and 720 minutes, as well as the leaf area consumed. Randomized blocks and complete randomized blocks design were used for free-choice and no-choice tests, respectively, with six treatments and 10 replications. The evaluation of the biological parameters of S. eridania was carried out in Petri dishes where recently hatched caterpillars were transferred in the proportion of one per dish, and the leafs of the cultivars were offered to them during the whole larval period, and we evaluated: periods and viabilities of larvae and pupae, overall viability, weight of larvae and pupae, sex ratio, longevity and overall cycle. Complete randomized design was used with six treatments and 30 replications. In no- preference for feeding free-choice test the cultivars Sempre Verde and BR17 Gurgueia were the most and the least consumed, respectively. Regarding the effects of cowpea cultivars on larval viability we can infer that BRS Urubuquara and Sempre Verde show antibiosis-type resistance to S. eridania.

Técnica de criação e parâmetros biológicos de Stegasta bosquella em amendoim

Studies with Stegasta bosquella in peanut crop are little explored by researchers, mainly by the need of obtaining, in the field, a large quantity of closed leaflets. Therefore, it was sought a way of rearing in a natural diet that facilitates the attainment of the insect. The research was developed at the Laboratorio de Resistencia de Plantas a Insetos (FCAV/Jaboticabal) (T: 25 +/- 2 degrees C, RH 60 +/- 10% and photophase: 12 hours) (Runner IAC 886). The rearing stock of was carried out by collecting caterpillars from the field and keeping them in flat bottom glass tubes until adult emergence and test performance. Caterpillars were individualized in Petri dish plates, lined with moistened filter paper, which contained closed and early opened leaflets, but closed with paper clips (imitating the closed leaflet). A randomized design with two treatments and 36 repetitions was used. After the pupae formation, they were separated into five couples and the adults were kept in transparent plastic cages containing a peanut stem with leaves for oviposition, and fed with a 10% honey solution. The duration and viability of the larval and pupal periods, male and female longevity with and without food, and fertility were evaluated. The two forms of larvae rearing (closed leaflet and leaflet closed with clips) did not influence on any of the studied parameters. Therefore, the rearing of S. bosquella becomes feasible in natural diet, which means there is no need to use the enclosed leaflets for this purpose, and implies the easiness for rearing.