Indulto e sistema penal: limites, finalidades e propostas

Trata do indulto, modalidade coletiva da graça, procurando estabelecer seus limites e finalidades no âmbito do Estado moderno. Após a delimitação do tema, distinguindo-se a graça das demais modalidades de clemência estatal, e justificação das escolhas terminológicas, passa-se à evolução histórica do instituto e, em seguida, à sucinta exposição sobre a configuração atual nos ordenamentos estrangeiros. Identifica-se, não obstante a concretização da graça na maioria das Constituições modernas, uma tendência de restrição do âmbito de aplicação do instituto, tanto por parte da doutrina quanto pela jurisprudência e produção legislativa. As restrições são impostas com base na suposta necessidade de adequação da graça, cuja origem remete às prerrogativas monárquicas típicas do Estado absolutista, aos princípios fundamentais do Estado Democrático de Direito, especialmente os princípios da separação de poderes e da igualdade. Adentrando o núcleo do trabalho, procura-se estabelecer a relação entre indulto e os princípios do Estado Democrático de Direito, de forma que sejam identificados limites ao exercício da atribuição, com fulcro no texto constitucional. Afere-se, assim, a legitimidade da restrição do indulto a hipóteses caracterizadas pela excepcionalidade e irrepetibilidade, baseada em alegada relação de contradição entre a atribuição de indultar do Poder Executivo e o princípio da separação de poderes, o princípio da igualdade e os eventos regulares do mecanismo sancionatório. Delimitadas as possibilidades de exercício legítimo da atribuição, busca-se, então, fixar os parâmetros que devem pautar o conteúdo dos atos de indulto, com base nas teorias da pena. Adota-se, para tanto, a teoria preventiva positiva, procurando-se identificar hipóteses em que a execução da pena aplicada não contribuiria para a realização de suas finalidades, para elaborar, a partir disso, casos de cabimento do exercício do indulto.

Transient growth and triggering in the horizontal Rijke tube Matthew

This theoretical paper examines a non-normal and non-linear model of a horizontal Rijke tube. Linear and non-linear optimal initial states, which maximize acoustic energy growth over a given time from a given energy, are calculated. It is found that non-linearity and non-normality both contribute to transient growth and that, for this model, linear optimal states are only a good predictor of non-linear optimal states for low initial energies. Two types of non-linear optimal initial state are found. The first has strong energy growth during the first period of the fundamental mode but loses energy thereafter. The second has weaker energy growth during the first period but retains high energy for longer. The second type causes triggering to self-sustained oscillations from lower energy than the first and has higher energy in the fundamental mode. This suggests, for instance, that low frequency noise will be more effective at causing triggering than high frequency noise.

Derivative kernels for noise robust ASR

Recently there has been interest in combining generative and discriminative classifiers. In these classifiers features for the discriminative models are derived from the generative kernels. One advantage of using generative kernels is that systematic approaches exist to introduce complex dependencies into the feature-space. Furthermore, as the features are based on generative models standard model-based compensation and adaptation techniques can be applied to make discriminative models robust to noise and speaker conditions. This paper extends previous work in this framework in several directions. First, it introduces derivative kernels based on context-dependent generative models. Second, it describes how derivative kernels can be incorporated in structured discriminative models. Third, it addresses the issues associated with large number of classes and parameters when context-dependent models and high-dimensional feature-spaces of derivative kernels are used. The approach is evaluated on two noise-corrupted tasks: small vocabulary AURORA 2 and medium-to-large vocabulary AURORA 4 task. © 2011 IEEE.

Vibration of a high-altitude tethered balloon with application to climate engineering

A balloon tethered at an altitude of 20 km could deliver a particulate cloud leading to global cooling. Tethering a balloon at this altitude poses significant problems with respect to vibration and stability, especially in regions of high wind. No-one has ever proposed, yet alone launched, a balloon at an altitude of 20 km tethered to the ground. Owing to wind, the tether needs to be 23 km in length and is to be fixed to a ship at sea or on land in equatorial regions. Whilst the balloon at 20 km is subject to relatively modest wind conditions, at jet stream altitudes (10km) the tether will experience much higher wind loadings, not only because of the high wind speeds of up to 300 km / hr but also because of the high air density. A tether of circular cross section in these high winds will be subject to horizontal and downward drag forces that would bring the aerostat down. For this reason it is advantageous to consider a self-aligning tether of an aerodynamic cross section whereby it is possible to reduce the drag substantially. One disadvantage of a non-circular tether is the possibility of flutter and galloping instabilities. It is reasonably straightforward to model these phenomena for short lengths of aerofoil, but the situation becomes more complex for a 20 km tensioned tether with large deflection and curvature, variable wind speed, variable air density and variable tension. Analysis using models of infinite length are used to establish the stability at a local scale where the tension, aerodynamic and geometric properties are considered constant. Dispersion curve analysis is useful here. But for dynamics on a long-wavelength scale (several km) then a full non-linear analysis is required. This non-linear model can be used to establish the local values of tension appropriate for the dispersion analysis. This keynote presentation will give some insight into these issues.

Philip公式确定吸渗率时间尺度研究

选用直径5 cm和10 cm的盘式吸渗仪,对杨凌土(粘土)和神木砂黄土(砂壤土)两种质地的土壤在1 cm、3 cm6、cm9、cm和12 cm水头5种负压下进行了室内盘式吸渗仪三维吸渗实验,选取Vandervaere公式作为参考模型,对Philip公式确定吸渗率的时间尺度选取进行了分析。结果表明,对两种质地的土壤,在相同盘径下,随着负压的降低,吸渗率随之减小;在相同负压下,盘径越小,吸渗率越大;质地较砂的砂黄土吸渗率明显大于质地较粘的土的吸渗率。从相对误差来看,两种质地土壤吸渗率均被高估;在同一盘径下,随着负压的减小,误差值逐渐降低;即在选取的时间范围内,负压越低,计算吸渗率的准确性越高。对土而言,5 cm盘径下-12 cm水头1、0 cm盘径下-9 cm水头和-12 cm水头时确定吸渗率的适宜时间分别为30~40 s和40~50 s;其余确定吸渗率的适宜时间均应小于30 s;对砂黄土而言,10 cm盘径下-9 cm水头和-12 cm水头时确定吸渗率的适宜时间分别为30~40 s和40~50 s,其余确定吸渗率的适宜时间也均应小于30 s。对于质地较砂的土壤推荐使用大盘径进行盘式吸渗仪实验。

土壤侵蚀高维指数非线性模型及其参数辨识

模型验证和数据库组建基础上,用WinEPIC模型定量模拟研究了黄土高原半湿润区长武、半干旱区固原和半干旱偏旱区海原20～30年内苜蓿草地水分生产潜力、10m土层土壤有效含水量和土壤湿度剖面分布特征的动态变化.结果表明:长武、固原和海原苜蓿草地水分生产潜力模拟值随降水量变化而呈现波动性降低趋势,其平均值分别为8.81、3.83和2.48t.hm-2;长武、固原和海原苜蓿草地10m土层逐月土壤有效含水量模拟值均呈现明显的波动性降低趋势,模拟初期,4～8年生苜蓿草地土壤干燥化趋势十分强烈,此后,随降水量变化长期在较低水平上波动;随着苜蓿生长年限的延长,苜蓿草地土壤干层逐年加深、加厚,长武、固原和海原土壤干层分布深度达到10m所需时间依次为6、6和4年,此后苜蓿草地降水渗深以下土层长期维持较为稳定的干燥化状态;苜蓿草地水分持续利用的合理年限为半湿润区8～10年,半干旱区6～8年,半干旱偏旱区4～6年.

Biologically Inspired Features for Scene Classification in Video Surveillance

Inspired by human visual cognition mechanism, this paper first presents a scene classification method based on an improved standard model feature. Compared with state-of-the-art efforts in scene classification, the newly proposed method is more robust, more selective, and of lower complexity. These advantages are demonstrated by two sets of experiments on both our own database and standard public ones. Furthermore, occlusion and disorder problems in scene classification in video surveillance are also first studied in this paper.

Natural Language Syntax and First Order Preference

We have argued elsewhere that first order inference can be made more efficient by using non-standard syntax for first order logic. In this paper we show how a fragment of English syntax under Montague semantics provides the foundation of a new inference procedure. This procedure seems more effective than corresponding procedures based on either classical syntax of our previously proposed taxonomic syntax. This observation may provide a functional explanation for some of the syntactic structure of English.

A Connection Between GRBF and MLP

Both multilayer perceptrons (MLP) and Generalized Radial Basis Functions (GRBF) have good approximation properties, theoretically and experimentally. Are they related? The main point of this paper is to show that for normalized inputs, multilayer perceptron networks are radial function networks (albeit with a non-standard radial function). This provides an interpretation of the weights w as centers t of the radial function network, and therefore as equivalent to templates. This insight may be useful for practical applications, including better initialization procedures for MLP. In the remainder of the paper, we discuss the relation between the radial functions that correspond to the sigmoid for normalized inputs and well-behaved radial basis functions, such as the Gaussian. In particular, we observe that the radial function associated with the sigmoid is an activation function that is good approximation to Gaussian basis functions for a range of values of the bias parameter. The implication is that a MLP network can always simulate a Gaussian GRBF network (with the same number of units but less parameters); the converse is true only for certain values of the bias parameter. Numerical experiments indicate that this constraint is not always satisfied in practice by MLP networks trained with backpropagation. Multiscale GRBF networks, on the other hand, can approximate MLP networks with a similar number of parameters.

A Linearization of the Lambda-Calculus and Consequences

If every lambda-abstraction in a lambda-term M binds at most one variable occurrence, then M is said to be "linear". Many questions about linear lambda-terms are relatively easy to answer, e.g. they all are beta-strongly normalizing and all are simply-typable. We extend the syntax of the standard lambda-calculus L to a non-standard lambda-calculus L^ satisfying a linearity condition generalizing the notion in the standard case. Specifically, in L^ a subterm Q of a term M can be applied to several subterms R1,...,Rk in parallel, which we write as (Q. R1 \wedge ... \wedge Rk). The appropriate notion of beta-reduction beta^ for the calculus L^ is such that, if Q is the lambda-abstraction (\lambda x.P) with m\geq 0 bound occurrences of x, the reduction can be carried out provided k = max(m,1). Every M in L^ is thus beta^-SN. We relate standard beta-reduction and non-standard beta^-reduction in several different ways, and draw several consequences, e.g. a new simple proof for the fact that a standard term M is beta-SN iff M can be assigned a so-called "intersection" type ("top" type disallowed).

Epidemiology and comparative analysis of Yersinia in Ireland

Yersiniosis is an acute or chronic enteric zoonosis caused by enteropathogenic Yersinia species. Although yersiniosis is predominantly associated with gastroenteric forms of infection, extraintestinal forms are often reported from the elderly or patients with predisposing factors. Yersiniosis is often reported in countries with cold and mild climates (Northern and Central Europe, New Zealand and North of Russian Federation). The Irish Health Protection Surveillance Centre (HPSC) currently records only 3-7 notified cases of yersiniosis per year. At the same time pathogenic Yersinia enterocolitica is recovered from pigs (main source of pathogenic Y. enterocolitica) at the levels similar to that observed in Yersinia endemic countries. Introduction of Yersinia selective culture procedures may increase Yersinia isolation rates. To establish whether the small number of notifications of human disease was an underestimate due to lack of specific selective culture for Yersinia we carried out a prospective culture study of faecal samples from outpatients with diarrhoea, with additional culture of appendix and throat swabs. Higher levels of anti-Yersinia seroprevalence than yersiniosis notification rates in endemic countries suggests that most yersiniosis cases are unrecognised by culture. Subsequently, in addition to a prospective culture study of clinical specimens, we carried out serological screening of Irish blood donors and environmental screening of human sewage. Pathogenic Yersinia strains were not isolated from 1,189 faeces samples, nor from 297 throat swabs, or 23 appendix swabs. This suggested that current low notification rates in Ireland are not due to the lack of specific Yersinia culture procedures. Molecular screening detected a wider variety of Y. enterocolitica-specific targets in pig slurry than in human sewage. A serological survey for antibodies against Yersinia YOP (Yersinia Outer Proteins) proteins in Irish blood donors found antibodies in 25%, with an age-related trend to increased seropositivity, compatible with the hypothesis that yersiniosis may have been more prevalent in Ireland in the recent past. Y. enterocolitica is a heterogeneous group of microorganisms that comprises strains with different degree of pathogenicity. Although non-pathogenic Y. enterocolitica lack conventional virulence factors, these strains can be isolated from patients with diarrhoea. Insecticidal Toxin Complex (ITC) and Cytolethal Distending Toxins can potentially contribute to the virulence of non-pathogenic Y. enterocolitica in the absence of other virulence factors. We compared distribution of ITC and CDT loci among pathogenic and non-pathogenic Y. enterocolitica. Additionally, to demonstrate potential pathogenicity of non-pathogenic Y. enterocolitica we compared their virulence towards Galleria mellonella larvae (a non-mammalian model of human bacterial infections) with the virulence of highly and mildly pathogenic Y. enterocolitica strains. Surprisingly, virulence of pathogenic and non-pathogenic Y. enterocolitica in Galleria mellonella larvae observed at 37°C did not correlate with their pathogenic potential towards humans. Comparative phylogenomic analysis detects predicted coding sequences (CDSs) that define host-pathogen interactions and hence providing insights into molecular evolution of bacterial virulence. Comparative phylogenomic analysis of microarray data generated in Y. enterocolitica strains isolated in the Great Britain from humans with diarrhoea and domestic animals revealed high genetic heterogeneity of these species. Because of the extensive human, animal and food exchanges between the UK and Ireland the objective of this study was to gain further insight into genetic heterogeneity and relationships among clinical and non-clinical Y. enterocolitica strains of various pathogenic potential isolated in Ireland and Great Britain. No evidence of direct transfer of strains between the two countries was found.

Phylotastic! Making tree-of-life knowledge accessible, reusable and convenient.

BACKGROUND: Scientists rarely reuse expert knowledge of phylogeny, in spite of years of effort to assemble a great "Tree of Life" (ToL). A notable exception involves the use of Phylomatic, which provides tools to generate custom phylogenies from a large, pre-computed, expert phylogeny of plant taxa. This suggests great potential for a more generalized system that, starting with a query consisting of a list of any known species, would rectify non-standard names, identify expert phylogenies containing the implicated taxa, prune away unneeded parts, and supply branch lengths and annotations, resulting in a custom phylogeny suited to the user's needs. Such a system could become a sustainable community resource if implemented as a distributed system of loosely coupled parts that interact through clearly defined interfaces. RESULTS: With the aim of building such a "phylotastic" system, the NESCent Hackathons, Interoperability, Phylogenies (HIP) working group recruited 2 dozen scientist-programmers to a weeklong programming hackathon in June 2012. During the hackathon (and a three-month follow-up period), 5 teams produced designs, implementations, documentation, presentations, and tests including: (1) a generalized scheme for integrating components; (2) proof-of-concept pruners and controllers; (3) a meta-API for taxonomic name resolution services; (4) a system for storing, finding, and retrieving phylogenies using semantic web technologies for data exchange, storage, and querying; (5) an innovative new service, DateLife.org, which synthesizes pre-computed, time-calibrated phylogenies to assign ages to nodes; and (6) demonstration projects. These outcomes are accessible via a public code repository (GitHub.com), a website (http://www.phylotastic.org), and a server image. CONCLUSIONS: Approximately 9 person-months of effort (centered on a software development hackathon) resulted in the design and implementation of proof-of-concept software for 4 core phylotastic components, 3 controllers, and 3 end-user demonstration tools. While these products have substantial limitations, they suggest considerable potential for a distributed system that makes phylogenetic knowledge readily accessible in computable form. Widespread use of phylotastic systems will create an electronic marketplace for sharing phylogenetic knowledge that will spur innovation in other areas of the ToL enterprise, such as annotation of sources and methods and third-party methods of quality assessment.

Chemical compositions of four B-type supergiants in the SMC wing

High-resolution UCLES/AAT spectra of four B-type supergiants in the SMC South East Wing have been analysed using non-LTE model atmosphere techniques to determine their atmospheric parameters and chemical compositions. The principle aim of this analysis was to determine whether the very low metal abundances (-1.1 dex compared with Galactic value) previously found in the Magellanic Inter Cloud region (ICR) were also present in the SMC Wing. The chemical compositions of the four targets are similar to those found in other SMC objects and appear to be incompatible with those deduced previously for the ICR. Given the close proximity of the Wing to the ICR, this is difficult to understand and some possible explanations are briefly discussed.

Plane wave and Coulomb asymptotics

A simple plane wave solution of the Schrodinger-Helmholtz equation is a quantum eigenfunction obeying both energy and linear momentum correspondence principles. Inclusion of the outgoing wave with scattering amplitude f asymptotic development of the plane wave, we show that there is a problem with angular momentum when we consider forward scattering at the point of closest approach and at large impact parameter given semiclassically by (l + 1/2)/k where l is the azimuthal quantum number and may be large (J. Leech et al., Phys. Rev. Lett. 88. 257901 (2002)). The problem is resolved via non- uniform, non-standard analysis involving the Heaviside step function, unifying classical, semiclassical and quantum mechanics, and the treatment is extended to the case of pure Coulomb scattering.

The Galactic metallicity gradient

We have previously published intermediate to hi,oh resolution spectroscopic observations of approximately 80 early B-type main-sequence stars situated in 19 Galactic open clusters/associations with Galactocentric distances distributed over 6 less than or equal to R-g less than or equal to 18 kpc. This current study collates and re-analyses these equivalent- width datasets using LTE and non-LTE model atmosphere techniques, in order to determine the stellar atmospheric parameters and abundance estimates for C, N, O, Mg, Al and Si. The latter should be representative of the present-day Galactic interstellar medium. Our extensive observational dataset permits the identification of sub-samples of stars with similar atmospheric parameters and of homogeneous subsets of lines. As such, this investigation represents the most extensive and systematic study of its kind to date. We conclude that the distribution of light elements (CI O, Mg & Si) in the Galactic disk can be represented by a linear, radial gradient of -0.07 +/- 0.01 dex kpc(-1) Our results for nitrogen and oxygen viz. (-0.09 +/- 0.01 dex kpc(-1) and -0.067 +/- 0.008 dex kpc(-1)) are in excellent agreement with that found from the study of HII regions. We have also examined our datasets for evidence of an abrupt discontinuity in the metallicity of the Galactic disk near a Galactocentric distance of 10 kpc (see Twarog et al. 1997). However, there is no evidence to suggest that our data would be better fitted with a two-zone model. Moreover, we observe a N/O gradient of -0.04 +/- 0.02 dex kpc(-1) which is consistent with that found for other spiral galaxies (Vila- Costas gr Edmunds 1993).