A investigação criminal e a vedação ao anonimato no sistema jurídico brasileiro

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

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

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

Paulo Egídio e a sociologia criminal em São Paulo

Este artigo discute a trajetória intelectual e política de Paulo Egídio. Autor praticamente esquecido pelos trabalhos que reconstituem a história do pensamento social no Brasil, Paulo Egídio foi um importante divulgador da sociologia entre o final do século XIX e o início do século XX em São Paulo, tendo produzido uma obra pioneira sobre Durkheim e desenvolvido cursos livres da disciplina. O artigo busca também apresentar alguns aspectos de sua atividade política como senador nos primeiros momentos da República, quando teve destacada participação no debate sobre a criação de uma rede de instituições de controle social e, em particular, sobre a construção de uma nova penitenciária para o estado de São Paulo.

Statistics and kinetics of single-molecule electron transfer dynamics in complex environments: A simulation model study

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

Second-order statistics for equal gain and maximal ratio diversity-combining reception

Exact and closed-form expressions for the level crossing rate and average fade duration are presented for equal gain combining and maximal ratio combining schemes, assuming an arbitrary number of independent branches in a Rayleigh environment. The analytical results are thoroughly validated by simulation.

Second-order statistics for diversity-combining, techniques in Nakagami-fading channels

Exact and closed-form expressions for the level crossing rate and average fade duration are presented for the M branch pure selection combining (PSC), equal gain combining (EGC), and maximal ratio combining (MRC) techniques, assuming independent branches in a Nakagami environment. The analytical results are thoroughly validated by reducing the general case to some special cases, for which the solutions are known, and by means of simulation for the more general case. The model developed here is general and can be easily applied to other fading statistics (e.g., Rice).

NUCLEAR DENSITIES AND THE STATISTICS OF NUCLEONIC CONSTITUENTS

In the quark model of the nucleon, the Fermi statistics of the elementary constituents can influence significantly the properties of multinucleon bound systems. In the Skyrme model, on the other hand, the basic quanta are bosons, so that qualitatively different statistics effects can be expected a priori. In order to illustrate this point, we construct schematic one-dimensional quark and soliton models which yield fermionic nucleons with identical baryon densities. We then compare the baryon densities of a two-nucleon bound state in both models. Whereas in the quark model the Pauli principle for quarks leads to a depletion of the density in the central region of the nucleus, the soliton model predicts a slight increase of the density in that region, due to the bosonic statistics of the meson-field quanta.

Tsallis statistics and gradually truncated Levy flight - distribution of an economical index

Tsallis postulated a generalized form for entropy and give rise to a new statistics now known as Tsallis statistics. In the present work, we compare the Tsallis statistics with the gradually truncated Levy flight, and discuss the distribution of an economical index-the Standard and Poor's 500-using the values of standard deviation as calculated by our model. We find that both statistics give almost the same distribution. Thus we feel that gradual truncation of Levy distribution, after certain critical step size for describing complex systems, is a requirement of generalized thermodynamics or similar. The gradually truncated Levy flight is based on physical considerations and bring a better physical picture of the dynamics of the whole system. Tsallis statistics gives a theoretical support. Both statistics together can be utilized for the development of a more exact portfolio theory or to understand better the complexities in human and financial behaviors. A comparison of both statistics is made. (C) 2002 Published by Elsevier B.V. B.V.

Size limiting in Tsallis statistics

Power law scaling is observed in many physical, biological and socio-economical complex systems and is now considered an important property of these systems. In general, power law exists in the central part of the distribution. It has deviations from power law for very small and very large variable sizes. Tsallis, through non-extensive thermodynamics, explained power law distribution in many cases including deviation from the power law. In case of very large steps, the used the heuristic crossover approach. In the present we present an alternative model in which we consider that the entropy factor 9 decreases with variable size due to the softening of long range interactions or memory. We apply this model for distribution of citation index of scientists and examination scores and are able to explain the distribution for entire variable range. In the present model, we can have very sharp cut-off without interfering with power law in its central part as observed in many cases. (C) 2008 Elsevier B.V. All rights reserved.

Assessment and statistics of Brazilian hydroelectric power plants: Dam areas versus installed and firm power

The Brazilian relief, predominantly composed by small mountains and plateaus, contributed to formation of rivers with high amount of falls. With exception to North-eastern Brazil, the climate of this country are rainy, which contributes to maintain water flows high. These elements are essential to a high hydroelectric potential, contributing to the choice of hydroelectric power plants as the main technology of electricity generation in Brazil. Though this is a renewable source, whose utilized resource is free, dams must to be established which generates a high environmental and social impact. The objective of this study is to evaluate the impact caused by these dams through the use of environmental indexes. These indexes are ratio formed by installed power with dam area of a hydro power plant, and ratio formed by firm power with this dam area. In this study, the greatest media values were found in South, Southeast, and Northeast regions respectively, and the smallest media values were found in North and Mid-West regions, respectively. The greatest encountered media indexes were also found in dams established in the 1950s. In the last six decades, the smallest indexes were registered by darns established in the 1980s. These indexes could be utilized as important instruments for environmental impact assessments, and could enable a dam to be established that depletes an ecosystem as less as possible.

Near-infrared Raman spectroscopy to detect anti-Toxoplasma gondii antibody in blood sera of domestic cats: quantitative analysis based on partial least-squares multivariate statistics

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

Statistics on tropical convective storms observed by radar

Convective storm rainfall is of special importance to urban hydrological studies due to its temporal and spatial variability. Although dense networks of recording rain gauges can be employed to characterize such rainfall, very few investigations of this type have been undertaken due to their prohibitive cost. This paper reports some data on characteristics of tropical convective storms obtained from radar at Bauru in the State of São Paulo, Brazil. Periods of convective precipitation were identified by exclusion of those related to frontal activity with the help of synoptic maps and the radar screen record. The occurrence and evolution of convective storms were observed in two 28 km × 28 km windows obtaining information on the life history of convective cells and the magnitude of rainfall. Frequency distributions of the time of occurrence of convective rainfall, cell size, area covered, life duration and maximum and average rainfall observed in the experimental areas are presented and discussed.

HPLC determination of hemoglobins to establish reference values with the aid of statistics and informatics

The purpose of the present study was to establish reference values for hemoglobins (Hb) using HPLC, in samples containing normal Hb (AA), sickle cell trait without alpha-thalassemia (AS), sickle cell trait with alpha-thalassemia (ASH), sickle cell anemia (SS), and Hb SC disease (SC). The blood samples were analyzed by electrophoresis, HPLC and molecular procedures. The Hb A2 mean was 4.30 ± 0.44% in AS, 4.18 ± 0.42% in ASH, 3.90 ± 1.14% in SS, and 4.39 ± 0.35% in SC. They were similar, but above the normal range. Between the AS and ASH groups, only the amount of Hb S was higher in the AS group. The Hb S mean in the AS group was 38.54 ± 3.01% and in the ASH it was 36.54 ± 3.76%. In the qualitative analysis, using FastMap, distinct groups were seen: AA and SS located at opposite extremes, AS and ASH with overlapping values and intermediate distribution, SC between heterozygotes and the SS group. Hb S was confirmed by allele-specific polymerase chain reaction. The Hb values established will be available for use as a reference for the Brazilian population, drawing attention to the increased levels of Hb A2, which should be considered with caution to prevent incorrect diagnoses. ©FUNPEC-RP.

ECLAC Development of official statistics in the region. Report of the Economic Commission for Latin America and the Caribbean on the development of official statistics in Latin America and the Caribbean

This document was prepared by the Economic Commission for Latin America and the Caribbean (ECLAC); and offers a description of the main trends in the development of official statistics in Latin America and the Caribbean and the principal challenges in that regard.The first chapter provides an analysis of the state of development of statistical production in the region, based on statistical information for 41 Latin American and Caribbean countries and eight specific areas. The institutional organization of national statistical systems in the region is also described. Chapter II examines the history and current status of mechanisms for regional and subregional coordination and of the Statistical Conference of the Americas of ECLAC. Chapter III describes the main challenges for official statistics in the countries of the region and the strategies that the Statistical Conference of the Americas and ECLAC propose to implement in order to address them.