Análise crítica da distribuição dinâmica do ônus da prova

Nos últimos anos, a partir do surgimento da ideia de Estado Democrático de Direito, a moderna doutrina processualista passou a entender o processo não só como meio destinado à pacificação social, passando a encará-lo como mecanismo destinado a fazer valer garantias e direitos constitucionais e a alcançar a pacificação justa dos litígios. A partir deste novo contexto, verificou-se a limitação de alguns institutos processuais vigentes, que embora pudessem auxiliar na obtenção do escopo de pacificação, deixavam de resguardar ou de implementar, em alguns momentos, determinadas garantias constitucionais, o que prejudicava o fim último de acesso à ordem jurídica justa. Uma das limitações verificadas a partir da perspectiva publicista de processo corresponde à regra estática de distribuição dos encargos probatórios conforme a natureza dos fatos alegados, uma vez que esta deixava de observar eventual impossibilidade da parte em cumprir com seu encargo. Ante tal limitação, foi desenvolvida uma teoria destinada a reequilibrar a relação processual, assegurando a implementação das garantias constitucionais, quando a regra estática de distribuição dos encargos probatórios não se mostrava suficiente a assegurar o acesso à ordem jurídica justa. Denominada de distribuição dinâmica do ônus da prova (ou teoria das cargas probatórias dinâmicas) a teoria foi pensada a fim de, em tais situações e conforme as peculiaridades do caso concreto, determinar a redistribuição do encargo probatório a fim de que este recaia sobre as partes em melhores condições. Contudo, há grande divergência doutrinária sobre a viabilidade prática da distribuição dinâmica do ônus da prova, sendo apontados diversos problemas que podem decorrer de sua aplicação. O presente trabalho pretende contribuir com a análise do tema, a partir de um estudo sobre as razões que impuseram a criação do instituto, bem como as contribuições que sua implementação traz ao processo civil, encarado sobre a ótica de processo constitucional, e os riscos que podem decorrer de sua aplicação, de forma a verificar se existe viabilidade em sua aplicação e eventuais formas de se afastar os problemas apontados pelos críticos à teoria.

Electoral Systems and Ethnic Conciliation: A Structured, Focused Analysis of Vote-Pooling in Northern Ireland Elections 1998-2011

This research project examines the role of electoral system rules in affecting the extent of conciliatory behavior and cross-ethnic coalition making in Northern Ireland. It focuses on the role of the Single Transferable Vote (STV) electoral system in shaping party and voter incentives in a post-conflict divided society. The research uses a structured, focused comparison of the four electoral cycles since the Belfast Agreement of 1998. This enables a systematic examination of each electoral cycle using a common set of criteria focused on conciliation and cross-ethnic coalition making. Whilst preference voting is assumed to benefit moderate candidates, in Northern Ireland centrist and multi-ethnic parties outside of the dominant ethnic communities have received little electoral success. In Northern Ireland the primary effect of STV has not been to encourage inter-communal voting but to facilitate intra-community and intra-party moderation. STV has encouraged the moderation of the historically extreme political parties in each of the ethnic bloc. Patterns across electoral cycles suggest that party elites from the Democratic Unionist Party (DUP) and Sinn Fein have moderated their policy positions due to the electoral system rules. Therefore they have pursued lower-preference votes from within their ethnic bloc but in doing so have marginalized parties of a multi-ethnic or non-ethnic orientation.

Shift Work and the United States Female Workforce: The Relationship Between Shift-Work and Ill-Health Effects

The present study was designed to determine the magnitude of the relationship between amount, frequency, and length of shift work completed by female transportation employees and the number, degree, and extent of problems related to physical, menstrual and psychological health including depression. It was hypothesized that workers that are employed in areas such as transportation who are working shift work on a regular basis place themselves at higher risk for developing health or psychosocial related effects. These health related outcomes can have a profound impact on an employee’s job performance, daily functioning, and personal life. The present study sought to understand the potential relationship between working shift work and higher disturbances to the bodies’ natural functioning. The present study has the potential for explaining new ways to decrease the risk factors for those working shift work by contributing to the overall understanding of this multifaceted relationship. This study has many important findings and implications. This study has implications for explaining that the effects of disturbances to the circadian rhythm as a result of certain shift work schedules can result in ill-related health effects. Additionally, this study sought to challenge limitations to current research that has been conducted on the topic as the majority of studies have been performed on men. The overall purpose of the study was to gain a better understanding of the negative effects of shift work on females working within the transportation industry. This study sought to explain the health implications specifically for female workers as fewer studies have been conducted with gender as a main effect in the analysis. The present study suggests that due to the circadian rhythm controlling hormone secretion within the body, disturbances to its natural rhythm can have additional effects on female cycles such as menstruation. Overall, this study offers implications for further research on females working shift work and highlights the continued importance for further exploration into recent developments. These implications have the potential to further our current understanding of the relationship between shift work and ill-health effects, particularly the factors that women face.

Human Rights in the Democratic People's Republic of Korea and the Future of the Troubled State after Kim Jong-Il

Since 2008, international speculation about the viability of Kim Jong-Il's leadership in North Korea has been at the forefront of diplomatic discussions. North Korea is known to be a secretive state where human rights violations abound. This paper discusses the history of leadership and government in North Korea since World War II, the current human rights situation in the country, the role of China, and potential successors to Kim Jong-Il. The ramifications of impending regime change are discussed in terms of North Korea's human rights issues and economic problems. While current efforts at diplomacy have proved ineffective, the need for concerned nations, intergovernmental organizations, and non-governmental organizations to be prepared to engage North Korea after Kim Jong-Il is imperative.

Third-party complaints and firm performance: an application in Spanish banking

This article focuses on the impact of third-party complaints on firm performance. We propose two research hypotheses, which are developed from the literature of dissatisfaction, emotions, and economics. The methodology is based on an event study to estimate variation in firm share returns in the stock market due to the publication of the Annual Complaints Service Report by the Bank of Spain; as well as a regression analysis to examine the impact of the number of complaints per branch on the variation obtained. The empirical focus is on a sample of eleven banks to which complaints were made and which were quoted on the Spanish Stock Exchange between 1992 and 2001. The results show a negative impact of the publication of these annual complaint reports on the share returns of the banks concerned. Additionally, these returns have a negative relationship with the number of complaints per branch.

Lightweight peer-to-peer secure multi-party VoIP protocol

Multi-party voice-over-IP (MVoIP) services provide economical and convenient group communication mechanisms for many emerging applications such as distance collaboration systems, on-line meetings and Internet gaming. In this paper, we present a light peer-to-peer (P2P) protocol to provide MVoIP services on small platforms like mobile phones and PDAs. Unlike other proposals, our solution is fully distributed and self-organizing without requiring specialized servers or IP multicast support.

Risālah fī iʻrāb lā ilāha ill�� Allāh waḥdahu lā sharīka lahu : manuscript, undated

بسم الله الرحمن الرحيم وبه يفتى وهو حسبى الحمد لله الذي لا يقبل ذاته الجليلة الزوال ... :Incipit

Bank bonus compromise bodes ill for the Single Supervisory Mechanism. CEPS Commentary, 8 March 2013

The European Parliament has probably won a Pyrrhic victory with its position on bank bonuses, argues CEPS CEO Karel Lannoo in this new Commentary. In return, EU member states got what they wanted with the new Capital Requirements Directive (CRD IV): no binding leverage ratio; mortgage risk weightings and capital add-ons to be determined by member states; and no obligatory consolidated capital position for bank-insurance companies. In other words, Banking Union will start out with capital rules that are more like Emmental cheese than a single rulebook. This is a huge encumbrance for a well-functioning Single Supervisory Mechanism (SSM), and makes a single resolution mechanism impossible.

The Presence of the Past: Perceptions of Authoritarianism and Democratic Transition in Contemporary Portugal. [Special Issue]

Revista / Org.