Antitruste: sanção de desinvestimentos em ativos: um estudo de caso no processo administrativo no 08012.11142/2006-79

O presente trabalho é um estudo de caso, tendo como objetivo principal avaliar a sanção de desinvestimentos de ativos, isto é, a pena de cisão de sociedade, transferência de controle societário e/ou venda de ativos, conforme disposto no art. 38, inciso V, da Lei no 12.529/2011 (Lei de Defesa da Concorrência). Para tanto, parte-se da exposição da decisão proferida pelo Tribunal do Conselho Administrativo de Defesa Econômica (Cade) no Processo Administrativo no 08012.011142/2006-79, denominado Cartel de Cimento e Concreto. Tal decisão condenou as empresas fabricantes de cimento e prestadoras de serviços de concretagem a desinvestirem ativos próprios, frutos de aquisição ou de crescimento orgânico. É importante destacar que essa decisão sofreu relevante modificação ao longo do julgamento, decorrente da alteração de entendimento pelos conselheiros do Cade. Em um segundo momento, o trabalho procura propiciar ao leitor uma visão ampla (prós e contras) dos tipos de remédios ou sanções existentes e aplicáveis aos casos em que se determina a medida de desinvestimento, por meio da seleção de alguns casos internacionais e nacionais, escolhidos a partir de casos amplamente tratados pela doutrina, e também citados no julgamento do Processo Administrativo no 08012.011142/2006-79. A seguir, aborda-se a questão do desinvestimento específico ocorrido no Processo Administrativo no 08012.011142/2006-79, buscando-se evidenciar, a partir da análise do aparente choque dos votos do conselheiro-relator e do conselheiro-revisor, que as bases utilizadas para determinação dos desinvestimentos carecem de parâmetros concretos para sua aplicação. Ao final do estudo acerca do desinvestimento, delineia-se uma proposição para solução jurídica. Ao final, conclui-se que a aplicação de medidas de desinvestimentos como penalização por participação em cartel não é escolha fácil, e sua utilização tampouco é pacífica, devendo-se levar em conta alguns aspectos relevantes para que possa ser utilizada de maneira legítima e garantir a sua melhor eficácia.

Responsabilidade tributária de grupos econômicos

A presente pesquisa tem por objetivo investigar a responsabilidade tributária de grupos econômicos. Para tanto, analisa inicialmente o que é grupo econômico a partir da evolução da organização da empresa, verificando as formas de regulação no direito societário, bem como nos demais ramos do direito, especialmente o tributário. Em seguida, se debruça sobre a limitação da responsabilidade, a desconsideração da personalidade jurídica e a responsabilidade tributária. Verifica, então, em quais hipóteses poderia haver a responsabilidade tributária de grupos econômicos, sendo analisadas as possibilidades com fundamento legal no art. 30, IX, da Lei nº 8.212/91; art. 124 da Lei nº 5.172/66; art. 50 da Lei nº 10.406/2002; art. 990 da Lei nº 10.406/02 combinado com o art. 126, III, da Lei nº 5.172/66; e art. 116, §1º, da Lei nº 5.172/66. Por fim, aborda aspectos processuais da responsabilidade de grupos econômicos, com enfoque no incidente de desconsideração da personalidade jurídica previsto no Código de Processo Civil de 2015.

Color measurement using a smartphone applied to Madeira wines

Computer vision is a field that uses techniques to acquire, process, analyze and understand images from the real world in order to produce numeric or symbolic information in the form of decisions [1]. This project aims to use computer vision to prepare an app to analyze a Madeira Wine and characterize it (identify its variety) by its color. Dry or sweet wines, young or old wines have a specific color. It uses techniques to compare histograms in order to analyze the images taken from a test sample inside a special container designed for this purpose. The color analysis from a wine sample using an image captured by a smartphone can be difficult. Many factors affect the captured image such as, light conditions, the background of the sample container due to the many positions the photo can be taken (different to capture facing a white wall or facing the floor for example). Using new technologies such as 3D printing it was possible to create a prototype that aims to control the effect of those external factors on the captured image. The results for this experiment are good indicators for future works. Although it’s necessary to do more tests, the first tests had a success rate of 80% to 90% of correct results. This report documents the development of this project and all the techniques and steps required to execute the tests.

Os impactos tecnológicos da implantação da nota fiscal eletrônica: um estudo de casos múltiplos

Increasingly, the Information Technology is used in the society, including the private, public and third sector organizational context. Technological tools are created in order to speed, automate, control and monitor processes. These technologies generate impacts on areas that permeate their use and the objective of this study is to investigate the implementation process of the Eletronic Invoice and the impacts arising from this technological tool in companies. For that, case studies have been conducted in three companies that emit and receive Eletronic Invoice, in a Information System consultancy, that provides softwares of Eletronic Invoice, and in a State Tax Department. Data collection was performed with organizations representatives through electronic questionnaires. The study concludes that it is expected, by the investigated organizations, that the tool reaches the benefits offered by the Tax Administration. However, these benefits have not been identified yet and neither have the use of methodologies in order to identify them. Moreover, the main impact found was the need for better training and participant´s technical qualification, followed by reducing printing costs and paper purchase

Comparative analysis between a CAD model design and physical models obtained by manufacturing additive technologies using optical scan

This article presents a detailed study of the application of different additive manufacturing technologies (sintering process, three-dimensional printing, extrusion and stereolithographic process), in the design process of a complex geometry model and its moving parts. The fabrication sequence was evaluated in terms of pre-processing conditions (model generation and model STL SLI), generation strategy and physical model post-processing operations. Dimensional verification of the obtained models was undertook by projecting structured light (optical scan), a relatively new technology of main importance for metrology and reverse engineering. Studies were done in certain manufacturing time and production costs, which allowed the definition of an more comprehensive evaluation matrix of additive technologies.

O amor em mal-estar : a insustentável leveza da domideologia

The discourse about love, in the Western modern world, is an effect of the power that constructs bodies that matter, paraphrasing Butler, which represents a performative reiterarion of the domination drive, forming and ego of love through the imposition of a cultural super-ego. The domination, a real process of social constraint, is concomitant to its ideological secret, which lead us to the expression domideology , inspired by Sousa Filho, to determine the unconscious domination of the ideological discourse, Through a critical analysis of the bases of Freudian discourse about love, we question, inspired by Foucault, the sexual nature of the drive, to put it in a place insecure of critics to the substance metaphysics expression used by Nietzsche. In our point of view, the domination drive is a critical tool for the individual to think about, as interpellated by the love domideology , making believe the only interpretation of the social interchange is love, nuclear element of our modern Western love complex

Estado e sociedade civil no Acre (1970-1980)

The relation between State and civil society is not a very recent discussion, but it does not mean that debate is exhausted, since is in the historical context that the novelty is seized. Thinking like this, we may analyze how the relation between state and civil society happened in Acre during the decade of 1970. But, to understand how this relation is established in faraway Acre, we have available to the reader historical analyses, in a tireless attempt to clarify minimally aspects that characterize acreana society. To do this, we take on as a departure point, in general not differentiating of the given structure at national level, the conformation of this society was guided in a passive revolution, in another way, by high transformismo, relegating to the civil society, which is incipient, pífia a simple participation in the hegemonic policy direction. All this brings us to the thought that both state bureaucracy structure and the civil society organization, were influenced decisively for a traditional political elite. In addition, we begin the work with the lifting bibliographic reference searching and then we analyze the empirical reality, such as newspapers, official media publications and private, a few documents and last, interviews with political actors associated with the process consolidation of civil society in the 1970 decade. The interviewees were selected, firstly for their location in the region, and for their outstanding contribution to the consolidating process of recent Acre history. Thus, the interviews followed up on a semi-structured way, leading up, also, for the informations that the interviewees would have to pass on. The systematization and analysis of these surveys have shown us that, in the period before of the Acre Federal State lifting had, of course, a transformismo by high, but at 1970decade, the society with a more heterogeneous social formation, is not allowed, or at least, organize itself, to counter a systematic imposition. Thus, the hegemonic area of dispute between State and civil society occurs from the "reconciliation" with the adoption of public policies that amenizasse the dispute between both spheres, and to build up some bodies, settling a acreana civil society.

Instâncias da representação imagética hiper-real

The approach that undertakes this work revolves around the emergence of iconic structures on reflecting about the meaning of different methods of image representation through which the contemporaneity reveals itself. At baseline, three aspects are considered looking for an analytical ontology of the act of representation and imagery: the transition of representation in the oral culture of societies for writing, from these to typography, and finally the creation of a representation device. Resorted to, therefore, the argument by some genealogy reference points that technological instances such as writing, printing and photography, the evolution of this process, correspond, in itself, a consequent shift technique, for each representation precedent. In the area of the image, the most salient aspect of this change in foward process is the emergence of hyper-reality: the instances of hyper-realistic representation. In the Western context, the 'simulation of the world' - essential idea of mimesis is the work of an autonomous an conventional system. It should be noted, then the fact that under unreflective of the post-industrial societies, the mass-media image is coating with natural or fake code including - according to Baudrillard - tends to replace the real world in the "perpetuation of a large chain of simulacra." Hence in modern times, in the postindustrial society, during the crisis of the representation regimen and perception, centered in the referent. In this limit, new settings are established by aesthetic representations of imagery in contemporary culture: establishing spaces of simulation [Jean Baudrillard] the spectacle [Guy Debord] and hypermodernity [Gilles Lipovetsky] in which they operate. In these assemblages, saps the emergence of Hyper-reality Representation Instances - as seen in this study aesthetic events to configure itineraries of a new sensibility. It is the nature of this practice sign-iconic, ingrained in the creation of current artistic expression, which this research engaged in peering: the hyper-realistic setting, taking empirical support central to contemporary imagery production, diverse formats of analog representation.

O princípio constitucional da livre concorrência como instrumento de desenvolvimento socioeconômico

The freedom of concurrence, firstly conceived as a simple market fundament in productive systems that recognized the productive forces freedom of action, appears as a clear instrument of protection and fomentation of the market, recognizing the importance of the simultaneous existence of various economic forces such the proper capitalism reason of constitution. It has, thus, a directly role linked to the fundamental idea that the market and its productive forces needed of a protection against itself, because it exists inside the market situations and circumstances, provoked or not, that could prejudice and even annihilate the its existence and functioning, whilst a complex role of productive forces presents at all economic creation space. It was the primacy of the classic liberalism, the first phase of the capitalism. The Constitutions, in that historic moment, did not proclaim any interference at the economic scenario, simply because it recognized the existence of an economic freedom prepared to justify and guarantee the market forces, with its own rules. Based on the structural changes that occurred at the following historic moments, inside the constitutionally recognized capitalism, it was verified changes in the ambit of treatment of the freedom of concurrence principle that, in a progressive way, passes to present a configuration more concerned with socialist and developing ideas, as long as not only a market guarantee. It emerges a freedom of concurrence which aim is instrumental, in relation to its objectives and constitutional direction as a role, and not anymore stagnant and with isolated treatment, in special at the constitutional systems the present s clear aspects of social interventions and guarantor of fundamental rights more extensive and harmonious. That change is located at a space of state actuation much more ample and juridical important, this time comprehending the necessity of managing the productive scenario aiming to reach a national social and economic development effectively guarantor of fundamental rights for all citizens. Those Constitutions take as point of starting that the social and economic development, and not only anymore the economic growth, is the effective way for concretization of these rights. In that way it needs to be observed and crystallized by political and juridical tools that respect the ideological fundamental spirit of the Constitutional Charters. In that scenario that seeks for solutions of rights accomplishment, in special the social rights, the constitutional principle of freedom of concurrence has been seen as an instrument for reaching bigger values and directives, such as the social justice, which only can be real at a State that can implement a comprehensive and permanent social and economic development. The freedom of concurrence tries to valorize and defend something larger and consonant to the political values expressed in the Constitutional Charters with social character, which is the right to a social and economical sustainable development, guarantor of more clear and compromised collective benefits with social justice. The origin of that constitutional imposition is not only supported by vague orientations of the economic space, but as integrated to it, with basis formed of normative and principles posted and prepared to produce effects at the proper reason of the Constitution

Saída compulsória do estrangeiro do território nacional à luz dos direitos humanos: análise de casos

This paper aims to review traditional concepts inherent to the general theory of the state and human rights, relating to the legal situation of foreign, understood as the subject of rights, especially when the is case of compulsory legal imposition of exit from national territory. After the serious violations during the Second World War and the importance acquired by the International Law of Human Rights, values as dignity, justice and equality are enshrined in the legal system and its respect required beyond the boundaries of any country. The creation of an international community, which is governed by rules that its members are subordinated, without distinction, as well as state - based on volunteerism, become inspired by one principled nature of these new concepts required of Global Society, as well as the adoption, influenced by neoconstitutionalism, to the model of State Constitutional rule of law, are opposed to the idea of state sovereignty connected to a superiority, absolute and unlimited power which recognizes no other above it, not even the basic principles or axioms that must govern the relationships internally. So looks for a concept of state that includes all the requirements of a democratic society, that have the people as the power holder, understanding that state element has undergone a relativization, because had to adapt to the contemporary values applicable to the individual, inserting in its concept, the indispensable obligation to protect the inalienable rights of citizens, regardless of with whom he have legal and political bond of nationality. It happens that, to consecrate these privileges to individuals, which, because they contain reference to values with supranational characteristics, are very abstract and are in constant collision course with internal rules, making it difficult to reconcile, it will use hermeneutics of human rights, due mainly to international courts, correlated with constitutional exegesis, in particular, legal principiologia, using, among others, the principles of reasonableness and proportionality, the systematic interpretation of the Constitution and international legal standards. Thus, it seek to enshrine the common foundation of all law , the link between the systems, namely, the dignity of human beings. Finally, it will see if Brazilian jurisdiction, through case studies, is tuned in line with these new paradigms, and in line with the International Bill of Human Rights, the Federal Constitution, the values and principles she hired

A escola de aprendizes artífices de natal: república, trabalho e educação (1909 1942)

Crées par leDécret n° 7.566, le 23 septembre 1909, les 19 Escolas de Aprentizes Artífices (Écoles d Aprentis Artisans) stratégiquement situées dans les capitales des états brésiliens, répresentaient l une de plus importantes réalisations pour la formation de main-de-oeuvre qualifiée dans les premières décennies de XXème siècle. Alors, ce travail est constitué par une recherche historique ayant eu pour base les informations apportées par des documents divers (Lois, Décrets, Rapports et Messages Gouvernementales, Livres des Immatriculations) et des nouvelles publiées dans le journal A República, disponibles à l Instituto Histórico e Geográfico do Rio Grande do Norte IHG-RN, à l Arquivo Público do Estado et au Centro Federal de Educação Tecnológica do Rio Grande do Norte (CEFET RN). On montre la configuration que l expérience de l École d Aprentis Artisans a constituée au Rio Grande do Norte à partir de 1909, crée avec le niveau élémentaire jusqu au 1942, quand la Lei Orgânica do Ensino Industrial a changé cet enseignement en le modifiant pour le niveau secondaire. Dans l état du Rio Grande do Norte(RN), ce genre d école a été crée au 3 janvier de 1910. La finalité était la formation des ouvriers et contremaîtres par l enseignement pratique et technique nécessaires aux mineurs qui puissent apprendre un métier. L école du RN a contribuée pour la consolidation du projet politique-idéologique de la construction de la nationalité brésilienne, par des pratiques des contenu patriotique et civique-militaire, en détachant l insertion du scoutisme scolaire comme expression de la militarisation des pratiques éducatives pour le contrôle des corps. Malgré l enseignement professionnel avoir été utilisé pour l imposition des modèles culturelles sous-jacents aux rapports de production capitaliste qui étaient exigés des travailleurs, la Escola de Aprendizes Artífices de Natal a répondue à la demande locale, ce qui renforce l idée que sa création dans ce moment historique a attendu surtout le but politique-idéologique plutôt que celui du développement économique et éducationnel de la population norte-riograndense

A televisão refletida na escola: a compreensão de mães/educadoras

This work aims to examine the television social representation by mothers/educators as a TV viewers, to understand the meaning of this media in their quotidian and which relations occur between teachers and students in the classroom. The study purpose is the educational television rule, based on a social representation approach. It look for to reveal, through the discourses of five educators who are engaged in pedagogic activities in the Public Elementary School of the Natal city, a significant experience in the media education field progress. It’s also a way to understand which representations the educators have about the television can contribute to aid the idea and critic analysis about the media meaning in the teacher’s formation. Some questions were in the basis of the investigation as: What is the television for the educators who are also TV viewers? How it reaches the classroom? Their relation with the media interfere in the pedagogic practice? Assuming that the verbal technical is one of the formal ways to access the representations, the methodological strategy employed was the open interview, guided by a wide and flexible schedule, leaving the interviewees free to expose their ideas, a attitude adopted to avoid the imposition of interviwer’s points of view, that result in a rich material. Through this strategy it was possible to confirm or to reject presumptions raised in the beginning of the investigation and modify some planning direction lines. The study has as the theory presupposition the contribution of the Mexican researcher Guillermo Orozco Gómez, who, based on the Paulo Freire e Jesús Martín-Barbero ideas, establishes a dialogue between popular Education and the communication theories, mainly the television reception, when he develops an integral view focused on the audience or on the multiple mediations model. The school – and the family, as well – is an important mediator of the media information. The relationship which the teachers establish between the television and their representations about it in their lives reflects effectively and directly on their professional practice and on the media dialogue within the school, it can contribute to the critic reflection which students establish with the media trough the educators mediation

A implementação do programa Gestão nota 10 no sistema municipal de educação em Mossoró/RN (2005 a 2009)

This research work is focused to show the changes in educational administration from the agreements between the Mossoró / RN and the Ayrton Senna Institute IAS, for education provision. Nowadays, the partnership policy is a constitutive element of the reform of the Brazilian State, which dropped its action on social policies and to strengthen its regulatory role, encouraging private participation in planning, preparation and implementation of public policies, new printing setting the political-social. In this context, the 10 Note Management Programme, developed by the IAS, is part of the neoliberal logic of modernization of public school systems, focusing on results and developing strategies for control and regulation of schools work and its efficiency, effectiveness and greater productivity. The 10 Note focuses on two dimensions: the management of learning and teaching in networking, in a managerial perspective to overcome the culture of failure (expressed as age-grade, dropout and repetition rates in) and implantation of culture of success (as measured in the improvement of the indices). To understanding the process, we have delimited as the object of study, the process of implementing them mentioned program in the city, which its objective is to analyze implications for the school community from the perspective of democratic management, adopting the dimensions of autonomy and participation in institutional processes as a criterion of analysis. From a methodological point of view, the survey was conducted from a literature review and documentary about educational policy developed in the country since the 1990´s, seeking to understand, in a dialectical perspective, the political dimensions of teaching, training and performance of the subjects involved in the school work. Besides the empirical observation, it was also used semi-structured interviews with a methodological tool for gathering information and opinions about the partnership and the implementation of the 10 Note Management Program in the county. The interviewee participants were ex-former education managers, coordinators, school managers, secretaries and teachers. Regarding the dimensions inside the analysis (autonomy and participation), the research led to the conclusion: that GEED, under the guidance of IAS promoted regulation of school autonomy, set up the selection process for exercising the office of school administration and system awards to schools, pupils and teachers, subject to results, there is mismatch between the managerial logic and the democratic management principles, that the ideological discourse of modernization of municipal management coexists with traditional practices, centralizing patronage, which ignores the democratic participation in the school decisions processes, the goals of the partnership were partially achieved, since that the city has improved over the approval and dropouts, although the approval of the Education Municipal Plan of the rules institutional (administrative, financial and educational) and the creation of the Councils observed that the school community participation is still limited, not being characterized as a coordinated intervention, capable of promoting the transformation and improvement its quality in the county. In the same way, the orientation of networking is a limit to the autonomy of schools, given the external definition of goals and strategies to be adopted, along with pressure exerted through the accountability of each school community for their achievements

Guiando almas femininas: a educação protestante da mulher em impressos confessionais no Brasil e em Portugal (1890-1930)

This paper treats confessional printings as a non formal space for the female education. It reflects on the importance of the woman s role to the diffusion of Protestantism in general, and its Presbyterian trend in particular, besides commenting on the proliferation of printings at the First Republic and its relation with education. In this study, Brazilian Northeastern is seen as a relevant space to the diffusion of Protestantism in Brazil; especially on what concerns the relations between Rio Grande do Norte and Pernambuco. Thereby some fountains were fundamental, as the confessional printings, that is, newspapers, magazines, prospects and other materials recollected in archives located in Natal/RN and Recife/PE, and São Paulo. It was also provided a brief incursion on Portuguese confessional printings kept in Oporto, PT. New Cultural History was chosen as theoretic-methodological guide, franchising ways inside the history of book and reading with the help of concepts like Interdependence, Social Configuration (ELIAS, 1993, 1994) and Representation (CHARTIER, 1990), considering that the survey worked out culture-manufactured products that is, intentional materials. It is well known that publishing, or better, the dissemination of printed material used to be associated to Protestants missionary practices since Reform began and, as what concerns the investigated period, in Portuguese and Brazilian lands indistinctly. Printing material in general books, booklets, fragments, as well as the press itself played a central role in divulging reformed ideas, their social options and the means of being and intervening in the world. In this regard, the confessional printings established themselves as an educative, although non schooled, informal space, but, all considered, relevant, seen that they dialogue with another important demand of that social group: formal, literate education. Because it dealt with the diffusion of a printed culture supported by the written word, it required of that group a different modus operandi: formal education. The first letters schools at first, then the high schools later represented spaces established for the circulation of printing material in order that they should be read, divulged and comprehended. This survey intends at last to take a look at Protestantism which, in this context of self-affirmation, reserved a specific place to woman by working out a non formal educational proposal disseminated by printing material. Three models were highlighted in the reformed proposal: Christian education in itself, household education, whose references of motherhood and care towards the neighbor were present and, at last, education to the public space, with emphasis on the practice of teaching. This study also offers a brief dialogue between Brazil and Portugal because, when some periodic printing, book or something like that got to be published in one margin of the Atlantic Ocean, the other margin surely was affected by that feat, received it, divulged it, corroborating the argument in support of the circulation of these printings. It was not only the same language that survived in both maritime coasts; some protestant specificities also crossed out along that sea