Direito como efetividade e luta pela terra no Brasil

Tese (doutorado)—Universidade de Brasília, Faculdade de Direito, Programa de Pós-Graduação em Direito, 2016.

Equity-focused health impact assessment of Portuguese tobacco control legislation

The World Health Organization recommend the Equity-Focused Health Impact Assessment (HIA) as a means to assess the impact of social and economic policies on the health of populations, and acknowledges their contribution to health inequality. We describe the application of the Equity-focusedImpact Assessment methodology on the Portuguese law on Smoking Prevention and Tobacco Control (Law No. 37/2007). A rapid assessment was carried out to issue recommendations which could be incorporated into the law during a revision in 2014. Quantitative (consumption and health status indicators; equity analysis) and qualitative (Focus Group) approaches were taken to evaluate the impact of the law and formulate recommendations. Young people, men and women of low socioeconomic status, and pregnant women were identified as requiring specific and appropriate interventions to prevent smoking and support smoking cessation.

As forças armadas e a segurança interna

A Constituição da República Portuguesa desde 1982, e após sete revisões constitucionais, faz a distinção vincada entre o que é Segurança Interna e Defesa Nacional. Assim, reserva para a primeira a intervenção das Forças da Segurança e para a segunda a as Forças Armadas, permitindo apenas a intervenção destas na Segurança Interna em estados de excepção, como o estado de emergência e o estado de sítio. Dada a delicadeza do tema optou-se pela construção de um questionário, para que as pessoas possam pronunciar-se de forma isenta sobre o tema, sem constrangimentos institucionais. Optou-se por uma abordagem qualitativa. Com base num guião, entrevistaram-se quatro peritos no assunto de forma a obter respostas sobre a viabilidade da intervenção das Forças Armadas na Segurança Interna, num estado de normalidade democrática. As respostas depois de transcritas constituíram o corpus que foi submetido a análise de conteúdo. Com base nesta análise de conteúdo, a partir dos excertos de discursos codificados nas categorias e subcategorias, procedeu-se à construção dos itens que figurarão numa primeira versão do questionário. A primeira versão do questionário apresenta-se em torno de quatro eixos (categorias), que se dividem em subcategorias: intervenção das Forças Armadas na Segurança Interna; legislação; mudança do paradigma de segurança; e, definição conceptual.

Texto guía para docentes enfocado en el bloque de matemáticas discretas en el primero B.G.U.

El presente trabajo de titulación denominado Texto Guía para Docentes enfocado en el bloque de Matemáticas Discretas del Primero B.G.U, ha sido desarrollado con la finalidad de presentar un aporte significativoy de ayuda al docente de Matemáticas de Primero de Bachillerato, anhelando un mejor desenvolvimiento dentro del aula de clase. Este documento está elaborado en base a la legislación educativa ecuatoriana vigente y de los documentos oficiales del Ministerio de Educación, el tema propuesto corresponde al tercer bloque curricular del primer año de Bachillerato General Unificado en la asignatura de Matemáticas. Nuestro trabajo de titulación se compone de tres capítulos. En el capítulo uno, se presenta una síntesis de temas como la evolución de la educación ecuatoriana, los modelos pedagógicos, los métodos de enseñanza, didáctica de la matemática y programación lineal, considerados como base para el desarrollo de la propuesta. En el capítulo dos, se detalla la investigación estadística realizada mediante una encuesta aplicada a docentes de Matemáticas de Primer año de Bachillerato, pertenecientes a la Coordinación Zonal 6 de Educación, Distrito Norte. Los resultados encontrados cimentaron la propuesta de la implementación del texto guía para el aprendizaje de Matemáticas Discretas. En el capítulo tres se elabora la propuesta del texto guía, estructurado en seis guías didácticas, cada una corresponde al desarrollo de una destreza con criterio de desempeñopara el tema planteado. Al final de este capítulo, se detallan conclusiones y recomendaciones dirigidas para el docente de matemáticas.

Investigation of un-American propaganda activities in the United States : Hearings before a Special Committee on Un-American Activities, House of Representatives, Seventy-fifth Congress, third session-Seventy-eighth Congress, second session, on H. Res. 282, to investigate (1) the extent, character, and objects of un-American propaganda activities in the United States, (2) the diffusion within the United States of subversive and un-American propaganda that is instigated from foreign countries or of a domestic origin and attacks the principle of the form of government as guaranteed by our Constitution, and (3) all other questions in relation thereto that would aid Congress in any necessary remedial legislation.

Martin Dies, chairman.

National and international disability rights legislation: a qualitative account of its enactment in Australia

In this paper, a detailed analysis based on the lived experiences of the study participants and the researcher (each with vision impairment) in education, post school and in the pursuit for employment is developed. The policy discourses of disability legislation - both at national and international levels - are explored with particular reference to their enactment in Australia. The analysis focuses on the collective indifference to detached others, which is evident in the linguistic construction of people with disabilities in the United Nations [(2006). Convention of the Rights of Persons with Disabilities. New York: United Nations] and the Australian Standards for Education 2005 [Australian Department of Education, Science and Training. 2006. Disability Standards for Education 2005 Plus Guidance Notes. Accessed March 12, 2012. http://nla.gov.au/nla.arc-7692.]. Together, these elements reflect the neoliberal principles that cast a shadow over the discourses of the disability policies.

The representation of engineering education as a social media topic on Twitter

Online social media systems have created new ways for individuals to communicate, share information and interact with a wide audience. For organisations, social media provide new avenues for communication and collaboration with their stakeholders. The potential value of social media tools to assist in the successful communication and marketing inside and outside of engineering organisations has been identified. In the context of engineering education, the potential of social media to open new modes of communication, interaction and experimentation between students and teachers has also been identified, and a limited number of examples can be found documented in the literature. One of the most widely-used social media tools is the ‘microblogging’ service Twitter. This research presents an analysis of nearly 19,000 tweets relating to ‘engineering education’ collected over a period of almost a year. Social network analysis is used to visualise the Twitter data. The Twitter social media communication is examined to identify who is active on this topic, who is influential, and what is the structure of the online conversations relating to engineering education. This work provides insights regarding how engineering education is currently represented in social media internationally, and offers a methodology to those interested in related future research.

Australian security of payment legislation: impact of inconsistent case law

In Australia, a supreme court has a supervisory role over the statutory adjudication process that has been established within the security of payment legislation. In this role, the courts have quashed many adjudication determinations on the grounds of jurisdictional error in recent years. This is a problem as the courts’ involvement in statutory adjudication is contrary to the object of the legislation. When reviewing adjudication determinations, the courts have adopted different approaches with respect to determining the role of adjudicators and the essential jurisdictional facts that must exist in order for an adjudicator to have jurisdiction to hear a referred disputed matter. This diversification of judicial interpretation with respect to jurisdictional error is confusing, not only to construction professionals, but also to many lawyers. Via a desktop study– where the evidence is mainly garnered from case law, governmental reports and commentaries – this paper reviews the legal complexities involved in diagnosing jurisdictional errors. In doing so, the paper aims to answer the question as to why the adjudication process has become bogged down in the quagmire of judicial review. The paper concludes that the evolving inconsistency of case law in relation to statutory adjudication is a crucial factor contributing to the erosion of the object of the security of payment legislation in Australia. Moving forward, the paper argues that establishing a legislative review mechanism of jurisdictional challenges may be sufficient to address this problem.

Development of an innovative non rule-based energy management strategy for a Hybrid Electric Vehicle, structured for predictive driving controls based on external information knowledge

Recently, the interest of the automotive market for hybrid vehicles has increased due to the more restrictive pollutants emissions legislation and to the necessity of decreasing the fossil fuel consumption, since such solution allows a consistent improvement of the vehicle global efficiency. The term hybridization regards the energy flow in the powertrain of a vehicle: a standard vehicle has, usually, only one energy source and one energy tank; instead, a hybrid vehicle has at least two energy sources. In most cases, the prime mover is an internal combustion engine (ICE) while the auxiliary energy source can be mechanical, electrical, pneumatic or hydraulic. It is expected from the control unit of a hybrid vehicle the use of the ICE in high efficiency working zones and to shut it down when it is more convenient, while using the EMG at partial loads and as a fast torque response during transients. However, the battery state of charge may represent a limitation for such a strategy. That’s the reason why, in most cases, energy management strategies are based on the State Of Charge, or SOC, control. Several studies have been conducted on this topic and many different approaches have been illustrated. The purpose of this dissertation is to develop an online (usable on-board) control strategy in which the operating modes are defined using an instantaneous optimization method that minimizes the equivalent fuel consumption of a hybrid electric vehicle. The equivalent fuel consumption is calculated by taking into account the total energy used by the hybrid powertrain during the propulsion phases. The first section presents the hybrid vehicles characteristics. The second chapter describes the global model, with a particular focus on the energy management strategies usable for the supervisory control of such a powertrain. The third chapter shows the performance of the implemented controller on a NEDC cycle compared with the one obtained with the original control strategy.

Topic extraction from microblog posts using conversation structures

Conventional topic models are ineffective for topic extraction from microblog messages since the lack of structure and context among the posts renders poor message-level word co-occurrence patterns. In this work, we organize microblog posts as conversation trees based on reposting and replying relations, which enrich context information to alleviate data sparseness. Our model generates words according to topic dependencies derived from the conversation structures. In specific, we differentiate messages as leader messages, which initiate key aspects of previously focused topics or shift the focus to different topics, and follower messages that do not introduce any new information but simply echo topics from the messages that they repost or reply. Our model captures the different extents that leader and follower messages may contain the key topical words, thus further enhances the quality of the induced topics. The results of thorough experiments demonstrate the effectiveness of our proposed model.

The state of legislation and policy protecting Australia's mangrove and salt marsh and their ecosystem services

Saline coastal wetlands, such as mangrove and coastal salt marsh, provide many ecosystem services. In Australia, large areas have been lost since European colonization, particularly as a result of drainage, infilling and flood-mitigation works, often starting in the mid-19th century and aimed primarily towards converting land to agricultural, urban or industrial uses. These threats remain ongoing, and will be exacerbated by rapid population growth and climate change in the 21st century. Establishing the effect of wetland loss on the delivery of ecosystem services is confounded by the absence of a nationally consistent approach to mapping wetlands and defining the boundaries of different types of coastal wetland. In addition, climate change and its projected effect on mangrove and salt marsh distribution and ecosystem services is poorly, if at all, acknowledged in existing legislation and policy. Intensifying climate change means that there is little time to be complacent; indeed, there is an urgent need for proper valuation of ecosystem services and explicit recognition of ecosystem services within policy and legislation. Seven actions are identified that could improve protection of coastal wetlands and the ecosystem services they provide, including benchmarking and improving coastal wetland extent and health, reducing complexity and inconsistency in governance arrangements, and facilitating wetland adaptation and ecosystem service delivery using a range of relevant mechanisms. Actions that build upon the momentum to mitigate climate change by sequestering carbon – ‘blue carbon’ – could achieve multiple desirable objectives, including climate-change mitigation and adaptation, floodplain rehabilitation and habitat protection.

Other people's country : law, water, entitlement

This issue of Settler Colonial Studies comes out of a long-term collaboration between the guest editors which began, in earnest, with a panel on the theme of ‘Other People’s Country: Law, Water, Entitlement’ at the Cultural Studies Association of Australasia conference held at the University of Sydney in December 2012. The panel’s topic was drawn from our own work on encounters between settler and indigenous ‘laws’ over specific waters, including Lake Omapere in the Hokianga district of Aotearoa/New Zealand, Lake Okanagan in British Columbia, Canada, Lake Cayuga in upper New York State, and the Wenlock, Archer, Stewart and Lockhart rivers in far north Queensland, Australia.1 Further, the conference’s provocative title (Materialities: Economies, Empiricism, & Things) corresponded to our own interest in thinking through the entangled objects of law – legislation, policies, institutions, treaties and so on – that ‘govern’ waters and that make bodies of water ‘lawful’ within these settler colonial sites today. Informed by the theoretical interventions of cosmopolitics and political ecology, each opening up new approaches to questions of politics and ‘the political’, we were interested in attempting to locate these insights within material settler colonial ‘places’ rather than abstract structures of domination. A claim to water is not simply a claim to a resource. It is a claim to knowledge and to the constitution of place and therefore, in the terms of Isabelle Stengers, to the continued constitution of the past, present and future of a ‘real world’.

Mental health legislation (civil) in Australia and China: a comparative study

This comparative review of statutory provisions of Australian and Chinese law focuses on accessibility of mental health care, diagnosis, admission and treatment orders for involuntary patients in civil cases as well as discharge procedures. The introduction contextualises the object of the comparative study, including key rights and principles that are used as the basis for analysis. Such factors as different political and legal systems, history, culture, and infrastructure resources of China and Australia form the background for the legal examination. Not surprisingly, these five factors, rather than statutory texts per se, are found to be the most important drivers of each country’s approach to the law of mental health. Two cases, XX v WW [2014] VSC 564 in Australia and Xu Lixin v Xu Canxing, Qingchun Psychiatric Rehabilitation Hospital of Shanghai [2015], known as the Right to Liberty Case, in China illustrate practical differences in legal approach to involuntary treatment. The comparative analysis concludes by identifying the most problematic aspects of the legislation in each country.