979 resultados para Comité Jurídico Interamericano
Resumo:
The theme of this dissertation is the collegiate management in the cashew cultivation s productive chain by the reading of the Managerial Committee s role in accordance with Sustainable Regional Development. The research had as aim to reveal the way as Managerial Committee s members of cashew cultivation s productive chain interpret the economic, social and environmental dimensions to the sustainability of entrepreneurships, using as interpretative base Sachs (2004) theoretical model. The theoretical reference is based in precepts of Solidarity Economy as a strategy to the Sustainable Regional Development. To reach this aim was done a case study, based in analysis of contents and semi-structured interviews with the solidarities economic entrepreneurships that integrate the Committee and with the group of Entities of Support and Fomentation responsible for formulating and conducting actions in favour of development of the chain. The research permitted to conclude that the economic, mainly, and social dimension, secondly, to super-impose the environmental dimension. The actions in favour of the chain are yet restricted and with low effectiveness when interpreted, in an integrated way, by a side, by the informers of this research and, by another side, in accordance with precepts of sustainable development
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This research aims to investigate the effectiveness of the legal labor phenomenon in contemporary capitalism as rectifier element of the contradictions between capital and labor. From the analysis of legislative developments - state and business - and court decisions related to the category of freight transport is expected to determine the protectionist stiffness proclaimed by the institutional structure of labor in Brazil, considered by the hegemonic discourse as political-economic factor that prevents growth. It is intended to unravel the relationships between political and civil society, studying the internal contradictions and ideological influence among these spaces, with theoretical support in Marx and Gramsci. The function of this research is to test the premise that the protectionist discourse is a rational action of capitalism and the organic intellectuals of political society in order to achieve hegemony and hide the real contradictions between capital and labor, in addition to also assist in the discussion on deregulation and easing in Brazil. The analysis points to the confirmation of our premise, since the evolution of the legal phenomenon in the transport sector was charging toward the neoliberal project
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This legal research aims to demonstrate the prohibition in the Brazilian criminal system of a multiple imputation for the same fact in a simultaneous or successive way. For that it is developed a different idea of the subject. Through comparative, eletronic and bibliographical researches, the dissertation was accomplished in a way to establish the content of the foundations of the criminal procedural emphasizing as fundamental premise the values of the Constitution. In the first section it was demonstrated the limits of the theme and the objective of the research. After that, it was analyzed the basic function of the criminal suit which has the important mission of limiting state's punitive power. In the same way, the criminal procedure corresponds to a warranty of the citizens' freedom. In the same section, it is shown how it is possible to abandon the myth of the real truth in the criminal law system. In the third section of the research, there were pointed elements and definitions about the cognition object, specially the litigious object or "thema decidendum", and also the peculiarities of the judged cases. In the fourth section the subject about origins and evolution of the criminal procedure and its objectives in the legal system is developed to demonstrate its perspectives. Some aspects of the identity's concept of the presupposition of the facts are as well demonstrated in order to relate the theme to the prohibition of multiple imputation. There are also considerations about some other important aspects as the incidence of the legal rules and the possible change on the elements of the penal type. There are several comments about legal procedural in other legal systems comparing them to Brazilian's most elevated Courts. In the end it was systematized the limits to criminal imputation, emphasizing the defende's right as a foundation of the legal system. Is was registered that the ius persequendi can be exercised once
Resumo:
The oil activities in Brazil had been started in an intensive way in the end of the 30 s and in the beginning of the 40 s. Many of the brazilians fields discovered in the past are nowadays in decline. They are called ―mature fields‖. These fields, because of the decline situation that characterizes them, are not interesting for the majors. The majors want the big fields and big productions. On the other hand, they could be interesting for the small and medium enterprises. The mature oil fields are instruments of development, they have oil and the oil production is an activity connected with many social and economics benefits: jobs, taxes, royalties, etc. The Brazilian State, in this context, needs to realize actions to promote the activities in the mature oil fields, especially with the work of the small and mediums enterprises. Many of the onshore brazilian mature fields are located at the Northeast, a region matched by many social and economic problems. The activities in the mature fields of the Northeast Region could solve some of its problems. The present research analyses the mature oil fields and its situations in Brazil, making criticisms and suggestions. The methodology adopted is theoretical and descriptive, with literature review, case law and legislation (Constituição Federal de 1988, ―Law of the Oil‖). This research examines the following points: mature fields rounds and its documents, name and definition of the mature fields, definition of small and medium enterprises, environmental aspects, concentration of certain activities of the sector and the royalties
Resumo:
The current study is about the legitimacy of lower court jurisdiction as a way of exercising basic legal rights, proposing, therefore, a new legal-administrative model for appellate court. In order to achieve that, a demonstration of the importance of basic legal rights in the Brazilian legal system and an open interpretation in light of the Constitution, as a way to affirm said rights, among which are accessibility to the justice system and proper legal protection, is required. As a result, the legitimacy to access the legal system resides in the Constitution, where the interpreter should seek its basic principles to achieve basic legal rights. It is observed that the lack of credibility regarding lower court decisions comes from the dogmatic view of truth born from power, and therefore, that the truth resides in decisions from appellate court and not from lower court judges. A lower court judge holds a privileged position in providing basic legal rights for citizens, considering his close contact to the parties, the facts, and the evidences brought forth. Class action suit is presented as an important instrument able to lead the lower court judge to provide basic legal rights. Small Claims Courts may be used as paradigm to the creation of Appellate State Courts formed by lower court judges, reserving to higher jurisdiction courts and Federal Circuit Courts, the decisions of original competency and the management and institutional representation of the judiciary system. Instilling an internal democratization of the judiciary is also required, which means the participation of lower court judges in electing their peers to chief positions in the court system, as well as establishing a limited mandate to higher court judges.
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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
Resumo:
The thesis, prepared with basis on deductive reasoning (through the utilization of general concepts of the fundamental rights theory) and on inductive logic (by means of the consideration of particular situations in which the theme has been approached) deals with the criminal investigation and the prohibition of anonymity in the Brazilian law system. The state criminal investigation activity presents not only a substantial constitutional basis, due to the objective dimension of fundamental rights (which imposes an obligation to protect these essential values), but also a formal constitutional basis, arising from the administrative principles of rule of law, morality and efficiency, referred to in article 37 of the Constitution. The criminal investigation, however, is not an unlimited pursuit, being restrained by the duty to consider fundamental rights that oppose to its realization. One of the limits of the state investigation activity, in the Brazilian law system, is the prohibition of anonymity, referred to in article 5°, IV, of the Constitution. This prohibition is a direct constitutional restriction to the freedom of expression that aims to ensure the credibility of the diffusion of ideas and prevent the abusive exercise of this fundamental right, which could harm both persons and the state, with no possibility of punishment to the offending party. Generally, based on this prohibition, it is affirmed that a criminal investigation cannot begin and progress founded on anonymous communication of crimes. Informations about crimes to the investigative authorities require the correct identification of the stakeholders. Therefore, it is sustained that the prohibition of anonymity also comprehends the prohibition of utilization of pseudonyms and heteronyms. The main purpose of this essay is to recognize the limits and possibilities in starting and conducting criminal investigations based on communication of crimes made by unidentified persons, behind the veil of anonymity or hidden by pseudonyms or heteronyms. Although the prohibition of article 5°, IV, of the Constitution is not submitted to direct or indirect constitutional restrictions, this impediment can be object of mitigation in certain cases, in attention to the constitutional values that support state investigation. The pertinence analysis of the restrictions to the constitutional anonymity prohibition must consider the proportionality, integrated by the partial elements of adequacy, necessity and strict sense proportionality. The criminal investigation is a means to achieve a purpose, the protection of fundamental rights, because the disclosure of facts, through the investigatory activity, gives rise to the accomplishment of measures in order to prevent or punish the violations eventually verified. So, the start and the development of the state criminal investigation activity, based on a crime communication carried out by an unidentified person, will depend on the demonstration that the setting up and continuity of an investigation procedure, in each case, are an adequate, necessary and (in a strict sense) proportional means to the protection of fundamental rights
Resumo:
The environment, which fundamental importance has already been recognized in all the world, is an actual national and international discussion subject, whose interest grows for the society, and consequently to the Law, in order to prevent the natural resources to the present and future generations. The 1988 Brazilian Constitution, recognizing the importance of the environment, treated about it in many of its parts, even dedicating a specific chapter (Chapter V About Environment, inserted in Title VIII About Social Order). The brazilian constitutional text established to everyone the fundamental right of enjoying an equilibrated environment, obligating the State and all society to defend and preserve the environment to the present and future generations. The economic growing process, that predominated and still persist in the big majority of the countries, where is practiced the capitalist system, has in the enterprises (legal persons) one of its main actors. Many times, these enterprises, especially in the actual globalized world in where we live, where the gain of money is priorized, ends, at the moment they act, making damages to the environment. These damages are, many times, considered by the law. crimes against the environment. The 1988 Brazilian Constitution, according to the Modern Criminal Law, realizing that many crimes were being committed by the enterprises, established in article 225, §3rd, the criminal responsibility of the legal persons. Almost ten years after the 1988 Brazilian Constitution, was published the Law number 9.605/98, in which third article established the penal responsibility of the legal persons that practice crimes against the environment, without excluding the individual responsibility
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The number of applications based on embedded systems grows significantly every year, even with the fact that embedded systems have restrictions, and simple processing units, the performance of these has improved every day. However the complexity of applications also increase, a better performance will always be necessary. So even such advances, there are cases, which an embedded system with a single unit of processing is not sufficient to achieve the information processing in real time. To improve the performance of these systems, an implementation with parallel processing can be used in more complex applications that require high performance. The idea is to move beyond applications that already use embedded systems, exploring the use of a set of units processing working together to implement an intelligent algorithm. The number of existing works in the areas of parallel processing, systems intelligent and embedded systems is wide. However works that link these three areas to solve any problem are reduced. In this context, this work aimed to use tools available for FPGA architectures, to develop a platform with multiple processors to use in pattern classification with artificial neural networks
Resumo:
Reinforcement learning is a machine learning technique that, although finding a large number of applications, maybe is yet to reach its full potential. One of the inadequately tested possibilities is the use of reinforcement learning in combination with other methods for the solution of pattern classification problems. It is well documented in the literature the problems that support vector machine ensembles face in terms of generalization capacity. Algorithms such as Adaboost do not deal appropriately with the imbalances that arise in those situations. Several alternatives have been proposed, with varying degrees of success. This dissertation presents a new approach to building committees of support vector machines. The presented algorithm combines Adaboost algorithm with a layer of reinforcement learning to adjust committee parameters in order to avoid that imbalances on the committee components affect the generalization performance of the final hypothesis. Comparisons were made with ensembles using and not using the reinforcement learning layer, testing benchmark data sets widely known in area of pattern classification
Resumo:
The pattern classification is one of the machine learning subareas that has the most outstanding. Among the various approaches to solve pattern classification problems, the Support Vector Machines (SVM) receive great emphasis, due to its ease of use and good generalization performance. The Least Squares formulation of SVM (LS-SVM) finds the solution by solving a set of linear equations instead of quadratic programming implemented in SVM. The LS-SVMs provide some free parameters that have to be correctly chosen to achieve satisfactory results in a given task. Despite the LS-SVMs having high performance, lots of tools have been developed to improve them, mainly the development of new classifying methods and the employment of ensembles, in other words, a combination of several classifiers. In this work, our proposal is to use an ensemble and a Genetic Algorithm (GA), search algorithm based on the evolution of species, to enhance the LSSVM classification. In the construction of this ensemble, we use a random selection of attributes of the original problem, which it splits the original problem into smaller ones where each classifier will act. So, we apply a genetic algorithm to find effective values of the LS-SVM parameters and also to find a weight vector, measuring the importance of each machine in the final classification. Finally, the final classification is obtained by a linear combination of the decision values of the LS-SVMs with the weight vector. We used several classification problems, taken as benchmarks to evaluate the performance of the algorithm and compared the results with other classifiers
Resumo:
This investigation aims at describing, analyzing and interpreting the Commitment in Initial Petitions, which is a genre circumscribed in the judicial domain. For this purpose, we have chosen sections, facts as found and relevant law , sections of the petition, with the understanding that, in this way, respectively, the narration of events, which gives margin to the propositioning to the judicial action, and the exposition of the law that upholds the author s intention. We base our discussion on the field of Linguistics, more precisely, Textual Discourse Analysis (TDA), whose theoretical basis is derived from Textual Linguistics (TL) and Enunciative Linguistics. We foreground, particularly, the way in which the author of texts, objects of analysis, use discursive strategies that evidence ER. The relevance of this study, then, is in the formation of a critique of the judicial text, as it conceives of a dialogical approach to the point of view, raising not only questions about the way in which a linguistic instance conceives an object of discourse, but also considering questions of language inherent to technical writing and, in this aspect, contributing to the work of those operating in Law about the many ways ER is formed in the body of a petition. We selected two categories to analyze that, according to Adam (2011), characterize the degree of ER in the textual material of the propositional enunciations: the different types of representation of speech and the indications of profile of mediators. In this sense, with this task as an objective, we base our study regarding point of view on Rabatel (2003, 2009a, 2010) with relation to the enunciative approach, including the study of PDV in polyphonic and dialogical theoretical framework to study the ER from different types of speech representations that conceive forms of transmission of discourse and the role of the enunciating subject, mainly the responsibility and the prerogative by the propositional contents. In the same way, intending to study the indications of the mediator profiles, we observed the postulations of Guentchéva (1994, 1996), which develop the notion of mediative grammatical categories, of which permit the linguistic marking of distance and engagement of the enunciator with regard to the information expressed. The methodology we adopted was based on qualitative research, of an interpretive and introspective nature, in light of the fact that his study focuses on processes and strategies underlying language use. The corpus of the research is comprised of Initial Petitions, which gave rise to actions originating in the Civil Court of Currais Novos County RN. The data analysis shows that an object of discourse is always perspective oriented and presents the point of view of one or more enunciators. Consequently, the producer of a text, using the PDV of other enunciators, influences and establishes the argumentative orientation of the text. In the same way, it evidences the relevance of the use of mediated constructions in the judicial text, as they function as strategies attenuated to the responsibility of the producer of the text with what is said, and at the same time points to a discourse of authority through the entrance of the sources of law. Moreover, it reveals the documental and international importance of this practice, at the same time that it exposes the compositional and normative difficulties with regard to legal and linguistic aspects
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This work is about a search that takes the Comitê pela Anistia no Rio Grande do Norte and the Associação Norte-Rio-Grandense de Anistiados Políticos as Political Spaces capable of expressing History, Memory and Politic. And has as main objective analyzing the amnesty process in the State from these Spaces of political struggle and of resistance, from the 1970s until the early 2000s. The discussion of amnesty and struggle for rights and remedies are still present today on the political agenda of the country, which demonstrates the importance and the incompleteness of the amnesty. Beyond the oral sources, which are essential for understanding periods of oppression, we also used written sources, such as digital and printed newspapers, laws, meeting minutes, pamphlets of political parties, magazines, theses, dissertations, among others. We made the crossing of oral sources with written guides us as Paul Thompson, highlighting the importance of Memory, especially of Collective Memory in line with the perception of Maurice Halbwachs. Work the concept of history approached by Jacques Le Goff and Politic from the perspective of Hannah Arendt. And consider the space from the approach taken by Doreen Massey
Resumo:
The generation of direction, sensemaking, is the process where the actors start to perceive the events around them establishing and creating meanings in their actions that they play daily. At the moment where they happen the interactions in a net business-oriented between the actors are that sensemaking is generated. A business-oriented example of a relationship net is the work developed for the Committee of Associations and Regional Cooperatives of Handcraft of Seridó - CRACAS. This organization, with headquarters in the city of Caicó - Rio Grande of North exists with the objective to manage the net of craftsmen of the region of the norteriograndense Seridó. The present inquiry had as objective generality to understand the generation of sensible of the activities carried through for the organizational, inserted actors in the CRACAS in Caicó/RN, directed toward the use of the resources in its daily business-oriented. The specific objectives had been) To identify the resources used for the organizational actors of the CRACAS; b) To apprehend the way for which the craftsmen play activities directed toward the control and use of the available resources in its environment business-oriented; c) To identify the role played for the organizational actors (craftsmen) in its business-oriented daily activities; d) To understand as the organizational actors of the CRACAS they generate sensible of its business-oriented activities and finally e) To verify the principles that guide the interactions of the craftsmen. Of this process of empirical inquiry, the methodology used in the inquiry consisted of a Study of Case in the CRACAS and the seven Associations of the Embroidering it. It was concluded that sensemaking happens during the accomplishment of the activity as during the confection of the products. In accordance with craftsman the financial resources do not come from the CRACAS. One evidenced that the seven cities of the business-oriented embroidering interact as a net of the handcraft and that it exists a lack of resources and infrastructure in the associations