Usucapião da propriedade possível em terras públicas: O direito de superfície como instrumento de funcionalização da propriedade para efetivação do direito à moradia em áreas de exclusão social

A presente tese apresenta a usucapião superficiária de bens públicos como uma alternativa para assegurar o direito fundamental à moradia em áreas de exclusão social. Para chegar a tal desiderato, encontra-se supedâneo jurídico-normativo na função social da propriedade, especialmente no tocante à sua observância em terras públicas. Utiliza-se, ainda como suporte teórico à tese, a noção contemporânea de que a propriedade hodierna é um instituto plural, complexo, tomando emprestadas as ideias de Salvatore Pugliatti. Além disso, diante dos contornos atuais do Direito Civil-Constitucional, também é importante como lastro a análise da posse com função social, que em muitos casos pode até ser priorizada no confronto com o direito de propriedade meramente formal. Na construção da tese, foram utilizadas duas premissas. A primeira apoia-se na possibilidade do reconhecimento da posse em bens públicos, fundamentando-se especificamente nos regimes legais que a admitem, como a Lei 11.977/2009, por exemplo. Já a segunda se consubstancia na interpretação de que a vedação constitucional à usucapião de bens públicos não é absoluta, obstando apenas a aquisição da propriedade plena destes bens por particulares. A partir destes fundamentos são analisados os requisitos e as consequências do modelo de usucapião superficiária de imóveis públicos para fins de moradia, com ênfase particular quanto ao animus da posse. Conclui-se, ao final, que essa nova modalidade aquisitiva da propriedade superficiária pode ser um importante instrumento para a regularização fundiária em áreas de exclusão social, conferindo segurança jurídica aos moradores e transformando em ativo um amplo estoque fundiário que hodiernamente se apresenta como capital morto, conforme defende Hernando de Soto.

Oscillations in a decentralized economic network

The study of exchange markets dates back to LeonWalras's general equilibrium theory. Since then the economic market has been studied for its' equilibrium properties, fairness of allocations of private and public goods, and even the psychological incentives of participants. This paper studies the dynamics of an exchange economy built on a network of markets where consumers trade with suppliers to optimize utility. Viewing the market in as a decentralized network we study the system from the usual control theory point of view, evaluating the system's dynamic performance, stability and robustness. It is shown that certain consumer demand dynamics can lead to oscillations while others can converge to optimal allocations. © 2011 IFAC.

Promotion of cooperation in the form C0C1D classified by 'degree grads' in a scale-free network

In this paper, we revisit the issue of the public goods game (PGG) on a heterogeneous graph. By introducing a new effective topology parameter, 'degree grads' phi, we clearly classify the agents into three kinds, namely, C-0, C-1, and D. The mechanism for the heterogeneous topology promoting cooperation is discussed in detail from the perspective of C0C1D, which reflects the fact that the unreasoning imitation behaviour of C-1 agents, who are 'cheated' by the well-paid C-0 agents inhabiting special positions, stabilizes the formation of the cooperation community. The analytical and simulation results for certain parameters are found to coincide well with each other. The C0C1D case provides a picture of the actual behaviours in real society and thus is potentially of interest.

W stronę uniwersytetu jako instytucji dobra wspólnego. Filozoficzne podstawy krytycznych badań nad szkolnictwem wyższym

Wydział Nauk Społecznych: Instytut Filozofii

Programming stress-induced altruistic death in engineered bacteria.

Programmed death is often associated with a bacterial stress response. This behavior appears paradoxical, as it offers no benefit to the individual. This paradox can be explained if the death is 'altruistic': the killing of some cells can benefit the survivors through release of 'public goods'. However, the conditions where bacterial programmed death becomes advantageous have not been unambiguously demonstrated experimentally. Here, we determined such conditions by engineering tunable, stress-induced altruistic death in the bacterium Escherichia coli. Using a mathematical model, we predicted the existence of an optimal programmed death rate that maximizes population growth under stress. We further predicted that altruistic death could generate the 'Eagle effect', a counter-intuitive phenomenon where bacteria appear to grow better when treated with higher antibiotic concentrations. In support of these modeling insights, we experimentally demonstrated both the optimality in programmed death rate and the Eagle effect using our engineered system. Our findings fill a critical conceptual gap in the analysis of the evolution of bacterial programmed death, and have implications for a design of antibiotic treatment.

Becoming private property: custom, law, and the geographies of ‘ownership’ in 18th- and 19th-century England

The making private of hitherto public goods is a central tenet of neoliberalism. From land in Africa, Asia, and South America to the assertion of property rights over genes and cells by corporations, the process(es) of making private property matters more than ever. And yet, despite this importance, we know remarkably little about the spatial plays through which things become private property. In this paper I seek to address this imbalance by focusing upon the formative context of 18th- and early-19th-century England. The specific lens is wood, that most critical of all ‘natural’ things other than land in the transition to market-driven economies. It is shown that the interplay between custom, law, and local practices rendered stable and aspatial definitions of property impossible. Whilst law was the key technology through which property was mediated, the cadence of particular places gave these mediations distinctive forms. I conclude that not only must we take property seriously, but we must also take the conditions and contexts of its making seriously too.

Punishment, blame and stigma after conflict: the experience of politically motivated former prisoners in Northern Ireland

This paper examines the relationship between the politics of blame in post-conflict Northern Ireland and the treatment of politically motivated former prisoners. Using the examples of direct and indirect discrimination in the areas of employment and access to mental health services, the paper considers how the discursive operation of blaming produces evasions and attributions of guilt. It argues that such blaming practices have very real material consequences for the allocation or withholding of goods and burdens in the community. The paper notes also that the ‘cause of victims’ is often appropriated by the press and other political actors for their own purposes, frequently to block the provision of public goods to one particular group of ex-combatants: ex-politically motivated prisoners. It concludes by posing a series of questions about blaming, justice and the moral authority of the victim in a transitional justice context. The claim of the paper is simply to offer some starting points for understanding the relationship between processes of blame, stigma and social exclusion.

Some further implications of incorporating the warm glow of giving into welfare measures: A comment on the use of donation mechanisms by Champ et al

Champ er al. [J. Environ. Management 33, 151-162 (1997)] claim that they have (a) explored the welfare implication of warm glow for Hicksian measures of value for public goods and (b) established that actual donations place a

Stated choices and benefit estimates in the context of traffic calming schemes:Utility maximization, regret minimization, or both?

This paper proposes a discrete mixture model which assigns individuals, up to a probability, to either a class of random utility (RU) maximizers or a class of random regret (RR) minimizers, on the basis of their sequence of observed choices. Our proposed model advances the state of the art of RU-RR mixture models by (i) adding and simultaneously estimating a membership model which predicts the probability of belonging to a RU or RR class; (ii) adding a layer of random taste heterogeneity within each behavioural class; and (iii) deriving a welfare measure associated with the RU-RR mixture model and consistent with referendum-voting, which is the adequate mechanism of provision for such local public goods. The context of our empirical application is a stated choice experiment concerning traffic calming schemes. We find that the random parameter RU-RR mixture model not only outperforms its fixed coefficient counterpart in terms of fit-as expected-but also in terms of plausibility of membership determinants of behavioural class. In line with psychological theories of regret, we find that, compared to respondents who are familiar with the choice context (i.e. the traffic calming scheme), unfamiliar respondents are more likely to be regret minimizers than utility maximizers. © 2014 Elsevier Ltd.

A Eulogy to Seed Sharing: Manufacturing Genuine Scarcity

Seeds are traditionally considered as common or even public goods, their traits as ‘products of nature’. They are also essential to biodiversity, food security and food sovereignty. However, a suite of techno-legal interventions has legislated the enclosure of seeds: seed patents, plant variety protections, and stewardship agreements. These instruments create and protect private proprietary interests over plant material and point to the interface between seeds, capitalism, and law. In the following article, we consider the latest innovations, the bulk of which have been directed toward genetically disabling the reproductive capacities of seeds (terminator technology) or tying these capacities to outputs (‘round-up necessary’). In both instances, scarcity moves from artificial to real.
For the agro-industrial complex, the innovations are perfectly rational as they can simultaneously control supply and demand. For those outside the complex, however, the consequences are potentially ruinous. The practices of seed-saving and exchange no longer are feasible, even covertly. Contemporary genetic controls have upped the ante, by either disabling the reproductive capacity of seeds or, through cross-pollination and outcrossing, facilitating the autonomous spread of the genetic modifications that are importantly still traceable, identifiable and therefore capable of legal protection. In both instances, genuine scarcity becomes the new standard as private interests dominate what was a public sphere.

Size Matters: The Effect of the Size of Ethnic Groups on Development

The share of ethnic groups is one of the most important features of African politics. It affects civil wars, representation in government positions, distributive and allocative policies. In this paper we use the partition of ethnic groups as a natural experiment in order to estimate the effect of the share of these ethnic groups on development. We show that larger groups have an advantage in terms of development and that the partition in itself does not matter for development. This result is explained by the fact that the partition matters only when the resulting groups are relatively small, since their lack of political representation may weaken support for institutions, may bias policies and the provision of ethnic/regional public goods.

Inefficient commuting in a city with spillovers

A Masters Thesis, presented as part of the requirements for the award of a Research Masters Degree in Economics from NOVA – School of Business and Economics

A liberalização do mercado energético e o papel das entidades reguladoras

The liberalisation of the energy market goes back to the 1990s, when it was impelled by the European legislator. Since then, three legislative packages, temporarily successive, were approved. Those packages contained the measures to be implemented in order to deepen the internal energy market. Besides the opening up of several national markets to competition, the European legislator aimed the creation of a real internal energy market within the European Union. The unbundling regime was one of the most important steps with respect to the liberalisation process. The introduction of these rules ensured independence to the various market operators. A real and effective right of choice was granted to the consumers so they may choose their electricity and natural gas supplier. Therefore, the activity of comercialisation is subject to competition. However, some activities of the electricity’s and natural gas’ chain of value, namely the activities of transportation and distribution, were kept under regulation rules. Even though it may seem odd, the assignment of important competences and strong powers to a regulatory authority was essential in order to achieve the liberalisation process’ goals. Electricity and natural gas are essential public goods; therefore the market operators are legally bound to public service obligations, such as the security, the universality and the continuity of the supply. The performance of these obligations may become, in some cases, unprofitable for those operators. For such reason, the protection of the consumers’ rights shall only be properly defended if there is a regulatory authority that monitors the behaviour of the operators and sanctions the failure to comply with the public service obligations. Portugal, as a Member State of the European Union, transposed into the national legal order the European directives concerning the liberalisation process. This transposition has caused radical changes to the electricity and natural gas’ national markets. The Entidade Reguladora dos Serviços Energéticos also suffered various mutations in order to keep up with the regulatory demands regarding the liberalisation process.

Fitness correlates with the extent of cheating in a bacterium.

There is growing awareness of the importance of cooperative behaviours in microbial communities. Empirical support for this insight comes from experiments using mutant strains, termed 'cheats', which exploit the cooperative behaviour of wild-type strains. However, little detailed work has gone into characterising the competitive dynamics of cooperative and cheating strains. We test three specific predictions about the fitness consequences of cheating to different extents by examining the production of the iron-scavenging siderophore molecule, pyoverdin, in the bacterium Pseudomonas aeruginosa. We create a collection of mutants that differ in the amount of pyoverdin that they produce (from 1% to 96% of the production of paired wild types) and demonstrate that these production levels correlate with both gene activity and the ability to bind iron. Across these mutants, we found that (1) when grown in a mixed culture with a cooperative wild-type strain, the relative fitness of a mutant is negatively correlated with the amount of pyoverdin that it produces; (2) the absolute and relative fitness of the wild-type strain in the mixed culture is positively correlated with the amount of pyoverdin that the mutant produces; and (3) when grown in a monoculture, the absolute fitness of the mutant is positively correlated with the amount of pyoverdin that it produces. Overall, we demonstrate that cooperative pyoverdin production is exploitable and illustrate how variation in a social behaviour determines fitness differently, depending on the social environment.

The effect of synchronized group activities on pain threshold as a predictor of cooperation

Recent research suggests that participating in vigorous synchronized physical activity may result in elevated levels of endorphins, which may in turn affect social bonding (Cohen et. al., 2009). The present research aimed to examine whether or not the change in pain tolerance would be able to predict participants’ willingness to cooperate after statistically controlling for the groups’ condition. Participants were asked to run on a treadmill for 30 minutes under one of two conditions (control vs. synchronized). Prior to and after the run participants underwent a pain tolerance test. Once completed, a second activity was introduced to the participants; a cooperative game. A public goods game was used to measure an individual’s willingness to cooperate. The results showed the synchronized condition was able to predict that participants cooperated more during the public goods game (p = .009), however the change in pain threshold was unable to significantly predict cooperation (p = .32).