Motivação e discricionariedade: as razões de decidir e o contraditório como elementos legitimadores da atuação judicial

O objetivo do presente trabalho é demonstrar que uma releitura dos princípios do contraditório e do dever de motivar as decisões judiciais, sob a ótica da maior participação dos jurisdicionados, tem o condão de alcançar a esperada legitimidade democrática da atuação judicial. Para tanto, antes de adentrar ao cerne da questão, buscou-se analisar ordenamentos de tradições jurídicas distintas, civil law e common law, a fim de delinear as perspectivas que referidos sistemas enxergavam o dever de motivar a decisão judicial. O estudo convergiu para o momento atual do direito, iniciado na segunda metade do séc. XX com o movimento de constitucionalização e, consequentemente, judicialização dos direitos. Uma das maiores críticas ao momento vivido é o amplo espaço interpretativo do juiz, abrindo as portas para a discricionariedade, o que foi combatido e rechaçado tendo como parâmetro as origens do instituto. Passado referido ponto, discutiu-se sobre as evoluções e novas tendências que circundam os princípios do contraditório e do dever de motivar, cuja finalidade foi demonstrar a estreita conexão entre as normas. Conclusão inexorável foi que ambos compõem a base das garantias processuais que legitimam a atuação judicial democrática. Por fim, procurou-se tecer alguns comentários sobre os equívocos cometidos na interpretação do princípio do convencimento judicial, e como essa perspectiva pode ser alterada com as diretivas presentes no projeto do novo Código de Processo Civil, haja vista que suas previsões abraçam boa parte das ideias debatidas no presente trabalho.

Reserved parking : marine reserves and small-scale fishing communities: a collection of articles from SAMUDRA report

As the earth’s resources continue to face increasing pressure from a variety of human and natural causes, protection of the environment and biodiversity is a matter of contemporary concern, The conservation of coastal and marine resources, in particular, has become a priority for countries around the world. In this context, marine protected areas (MPAs) are being widely promoted as one of the most effective tools for the conservation of coastal and marine resources. Most MPAs are located in coastal areas of great biodiversity, and hence their development has direct impacts on the lives and livelihoods of coastal communities, especially small-scale and traditional fishing communities. Typically, they are the ones who have to bear the costs of conservation practices–lost livelihood options, expulsion from traditional fishing grounds and living spaces, and violation of human/community rights, to name a few. The articles in this dossier, drawn chronologically from the pages of Samudra Report, the triannual publication of ICSF, draw attention to these issues. They show that conservation and livelihoods are closely intertwined, and that top-down, non-participatory models of conservation can be counter-productive. Despite being poor and powerless, fishing and coastal communities can be powerful allies in conservation efforts, given their longstanding dependence on natural resources and their traditional ecological knowledge systems. As the examples in this dossier reveal, it is possible for fishing communities to protect and conserve the environment, while continuing with sustainable fishing operations. Clearly, only an integrated approach to fisheries management and conservation will prove successful. This dossier will be useful for policymakers, social scientists, non-governmental organizations and others interested in fisheries, conservation, communities and livelihoods.

Hydrodynamic entrapment of bacteria swimming near a solid surface.

The near-surface motility of bacteria is important in the initial formation of biofilms and in many biomedical applications. The swimming motion of Escherichia coli near a solid surface is investigated both numerically and experimentally. A boundary element method is used to predict the hydrodynamic entrapment of E. coli bacteria, their trajectories, and the minimum separation of the cell from the surface. The numerical results show the existence of a stable swimming distance from the boundary that depends only on the shape of the cell body and the flagellum. The experimental validation of the numerical approach allows one to use the numerical method as a predictive tool to estimate with reasonable accuracy the near-wall motility of swimming bacteria of known geometry. The analysis of the numerical database demonstrated the existence of a correlation between the radius of curvature of the near-wall circular trajectory and the separation gap. Such correlation allows an indirect estimation of either of the two quantities by a direct measure of the other without prior knowledge of the cell geometry. This result may prove extremely important in those biomedical and technical applications in which the near-wall behavior of bacteria is of fundamental importance.

Evaluation of the economic costs and benefits of methods for reducing nutrient loads to the Gulf of Mexico: Topic 6 Report for the Integrated Assessment on Hypoxia in the Gulf of Mexico.

In this report we analyze the Topic 5 report’s recommendations for reducing nitrogen losses to the Gulf of Mexico (Mitsch et al. 1999). We indicate the relative costs and cost-effectiveness of different control measures, and potential benefits within the Mississippi River Basin. For major nonpoint sources, such as agriculture, we examine both national and basin costs and benefits. Based on the Topic 2 economic analysis (Diaz and Solow 1999), the direct measurable dollar benefits to Gulf fisheries of reducing nitrogen loads from the Mississippi River Basin are very limited at best. Although restoring the ecological communities in the Gulf may be significant over the long term, we do not currently have information available to estimate the benefits of such measures to restore the Gulf’s long-term health. For these reasons, we assume that measures to reduce nitrogen losses to the Gulf will ultimately prove beneficial, and we concentrate on analyzing the cost-effectiveness of alternative reduction strategies. We recognize that important public decisions are seldom made on the basis of strict benefit–cost analysis, especially when complete benefits cannot be estimated. We look at different approaches and different levels of these approaches to identify those that are cost-effective and those that have limited undesirable secondary effects, such as reduced exports, which may result in lost market share. We concentrate on the measures highlighted in the Topic 5 report, and also are guided by the source identification information in the Topic 3 report (Goolsby et al. 1999). Nonpoint sources that are responsible for the bulk of the nitrogen receive most of our attention. We consider restrictions on nitrogen fertilizer levels, and restoration of wetlands and riparian buffers for denitrification. We also examine giving more emphasis to nitrogen control in regions contributing a greater share of the nitrogen load.

Applications in adaptive cluster sampling of Gulf of Alaska rockfish

Adaptive cluster sampling (ACS) has been the subject of many publications about sampling aggregated populations. Choosing the criterion value that invokes ACS remains problematic. We address this problem using data from a June 1999 ACS survey for rockfish, specifically for Pacific ocean perch (Sebastes alutus), and for shortraker (S. borealis) and rougheye (S. aleutianus) rockfish combined. Our hypotheses were that ACS would outperform simple random sampling (SRS) for S. alutus and would be more applicable for S. alutus than for S. borealis and S. aleutianus combined because populations of S. alutus are thought to be more aggregated. Three alternatives for choosing a criterion value were investigated. We chose the strategy that yielded the lowest criterion value and simulated the higher criterion values with the data after the survey. Systematic random sampling was conducted across the whole area to determine the lowest criterion value, and then a new systematic random sample was taken with adaptive sampling around each tow that exceeded the fixed criterion value. ACS yielded gains in precision (SE) over SRS. Bootstrapping showed that the distribution of an ACS estimator is approximately normal, whereas the SRS sampling distribution is skewed and bimodal. Simulation showed that a higher criterion value results in substantially less adaptive sampling with little tradeoff in precision. When time-efficiency was examined, ACS quickly added more samples, but sampling edge units caused this efficiency to be lessened, and the gain in efficiency did not measurably affect our conclusions. ACS for S. alutus should be incorporated with a fixed criterion value equal to the top quartile of previously collected survey data. The second hypothesis was confirmed because ACS did not prove to be more effective for S. borealis-S. aleutianus. Overall, our ACS results were not as optimistic as those previously published in the literature, and indicate the need for further study of this sampling method.

A simple technique of controlled breeding of carps in semi-arid environment

A semi-arid environment is a major constraint for production of carp seed through hypophysation. At a water temperature above 31 degree C fishes often fail to respond to induced breeding or produce partial or full eggs with fairly less fertilization, leading to their mortality during embryonic development. Field trials with Labee rohita and Cyprinus carpio communis prove that hypophysation followed by stripping and hatching in a water medium with reduced temperature (below 31 degree C) through controlled use of ice-water and water showers can result in 50-60% fertilization of eggs and 50-72% hatching for L. rohita, and 40-90% fertilization and 49-77% hatching for C. carpio communis. Simultaneous breeding experiments of the species in normal water temperature (>31 degree C) showed negative results.

Early and better maturity in carp brood stock with control of environment and feeding

Available of carp breeders in their prim state of maturity is a major constraint in hypophysation. Experiments conducted in a fish farm at Naihati, West Bengal, for two consecutive years, 1983-84 and 1984-85, clearly prove that by manipulation of environmental parameters such as metabolites, dissolved oxygen, running water conditions, as also of stock densities and quality and quantity of feed. Catla catla, Hypophythalmichthys molitrix, Labeo rohita, Cirrhina mrigala and Ctenopharyngodon idella can be made to attain better maturity and spawning stage much earlier than normal i.e. even in summer months and the entire stock spawned during the period from March to September. Percentage of successful breeding, quantities of eggs released and fertilised in relation to the body weight of all the species, were also found to be more in comparison to the brood stock raised through the conventional methods.

Some observations on the problem of marine timber destroying organisms of Indian coasts

In India the chief marine timber boring organisms are 2 species of Martesia, 28 species of shipworms, 4 species and a variety of Sphaeroma and 9 species of Limnoria besides bacteria and fungi. The occurrence, abundance and activity of the various species of borers show remarkable variations and fluctuations in the different harbours of India, each harbour or area having its own dominant set of species and an assemblage of less important forms. These species have their own characteristic preferences, life history and seasons of attachment and a scheme evolved for one locality may prove ineffective for another. Through a delicate and complex ecological adjustment the borers occurring in a locality have reached an interrelationship reducing interspecific and intraspecific competition. The seasons of settlement of the dominant borers in the different harbours of India are indicated. The need for a detailed biological enquiry is stressed.

On the canning of Sardinella fimbriata Sardinella gibbosa and Sardinella sirm in oil pack

This note gives details of experiments conducted on the canning of certain species of sardines viz. Sardinella fimbriata, Sardinella gibbosa and Sardinella sirm which are landed in commercial quantities in the East Coast of Madras State and which have not so far been tried for canning. The experiments conclusively prove that these species of sardines can also be canned in oil pack and good canned products manufactured out of them.

Pitman-Yor Diffusion Trees

We introduce the Pitman Yor Diffusion Tree (PYDT) for hierarchical clustering, a generalization of the Dirichlet Diffusion Tree (Neal, 2001) which removes the restriction to binary branching structure. The generative process is described and shown to result in an exchangeable distribution over data points. We prove some theoretical properties of the model and then present two inference methods: a collapsed MCMC sampler which allows us to model uncertainty over tree structures, and a computationally efficient greedy Bayesian EM search algorithm. Both algorithms use message passing on the tree structure. The utility of the model and algorithms is demonstrated on synthetic and real world data, both continuous and binary.

A Preliminary survey of 21 Ceylon lakes. 3. Parasites and predators, food of fish, and marginal fauna

Three nematodes, two acanthocephalans and three cestodes were collected by dissecting 15 species of fish. Of these parasites only Hedruris sp. a larval nematode is responsible directly for the death of fish, since it is found in predatory species a reduction of these might prove of considerable consequence to fish, production. Bothriocephalus gowleonensis, a cestode probably introduced from China with Chinese carp, was recorded in an indigenous carp Puntius sarana. This parasite causes heavy mortality in grass carp in China and is a potential danger to local species. A single crustacean parasite was recorded. It is likely that they are widespread. No protozoa were recorded but there can be little doubt that they occur in local freshwater species and may be of considerable importance in fisheries. Several predators (insects, fish and other vertebrates) were recorded and are doubtless of considerable importance. However, the role of parasites and of predators (especially fishes) in relation to the productivity of fisheries can hardly be assessed at present and needs further study. A study of the fauna found at the shallow edges of 21 irrigation reservoirs showed an abundance of fauna in the low-country reservoirs whilst the up-country reservoirs had a poor fauna. The fauna showed insects, crustacea and mollusca in this order of abundance. The presence of insect and molluscs feeding fish in our fauna shows that these rich sources of food are being utilised.

An analysis of the experimental pole and line fishery conducted around Sri Lanka by Nichiro Fishing Company of Japan

Under a joint agreement the Government of Sri Lanka and the Nichiro Fishing Company of Japan have undertaken an experimental pole and line fishery around Sri Lanka with a view to determining the feasibility of establishing a joint commercial venture. 3 Japanese vessels conducted trials during the period March 1973-October 1974. Details of the vessels and cruises are given. A variety of fish were tried as bait, and the selection of appropriate bait is discussed. Catches and catch and effort statistics are presented, with tables showing distribution of the tuna. The results of the trials were below expectations, and are in part attributed to bait availability, and unfavorable weather conditions. Seasonal variation of the type of fishery is suggested in order to take account of this, and it is concluded that a fishery based on 45/50 ft combined pole and line and drift net fishing vessels might prove feasible.

Reservoir fishery resources of south-east Asia

Although the reservoir area in south-east Asia is considerable, the fish production is low in the majority of reservoirs. Although high fish production has been recorded in a number of reservoirs in Sri Lanka and Indonesia, high fish production in reservoirs has with few exceptions resulted from the introduction of typical lake species from Africa. Addition of further lake fish species especially into deeper reservoirs will probably increase present fish yields. Diversification of the lake fish fauna can be achieved by introduction of species indigenous to the region like Etroplus suratensis. In this introduction of fish species, three points may be noted with specific reference to Tilapia spp.: (a) Lakes without indigenous cyprinids show marked fluctuation in fish catch with the introduction of Tilapia, and this could be stabilised by the introduction of predators and more diverse species. (b) Lakes with a moderate diversity of fish fauna show a high stabilised production with the introduction of Tilapia, presumably because of the effect of predator pressure on excessive Tilapia breeding. (c) Lowland lakes with a rich diversity of indigenous fish species colonising lakes may not require the introduction of Tilapia. Introduction of invertebrates into reservoirs in south east-Asia has not been done deliberately so far. However, the experience in other parts of the world, notably the Soviet Union, indicates that such introductions are likely to prove beneficial and to increase fish production. The potential for a considerable increase in fish production from reservoirs exists in south-east Asia. Proper management is likely to cost less than what is required for fish culture. Rural areas are likely to benefit most from increased fish production in reservoirs, and this might be a way to provide cheap protein where it is most urgently needed.

Model-based thermoacoustic oscillation control via ℋ ∞ loop-shaping and integral quadratic constraints

Lean premixed prevaporized (LPP) technology has been widely used in the new generation of gas turbines in which reduced emissions are a priority. However, such combustion systems are susceptible to the damage of self-excited oscillations. Feedback control provide a way of preventing such dynamic stabilities. A flame dynamics assumption is proposed for a recently developed unsteady heat release model, the robust design technique, ℋ ∞ loop-shaping, is applied for the controller design and the performance of the controller is confirmed by simulations of the closed-loop system. The Integral Quadratic Constraints(IQC) method is employed to prove the stability of the closed-loop system. ©2010 IEEE.

On diagonal-Schur complements of block diagonally dominant matrices

It is known that the diagonal-Schur complements of strictly diagonally dominant matrices are strictly diagonally dominant matrices [J.Z. Liu, Y.Q. Huang, Some properties on Schur complements of H-matrices and diagonally dominant matrices, Linear Algebra Appl. 389 (2004) 365-380], and the same is true for nonsingular H-matrices [J.Z. Liu, J.C. Li, Z.T. Huang, X. Kong, Some properties of Schur complements and diagonal-Schur complements of diagonally dominant matrices, Linear Algebra Appl. 428 (2008) 1009-1030]. In this paper, we research the properties on diagonal-Schur complements of block diagonally dominant matrices and prove that the diagonal-Schur complements of block strictly diagonally dominant matrices are block strictly diagonally dominant matrices, and the same holds for generalized block strictly diagonally dominant matrices. (C) 2010 Elsevier Inc. All rights reserved.