981 resultados para Aparato punitivo bonaerense
Resumo:
O presente trabalho tem por objetivo estudar a governança das águas brasileiras, especialmente seu funcionamento em situações de escassez hídrica. Com este propósito, após a apresentação da crise hídrica da região Sudeste do Brasil, que colocou à prova o aparato institucional e regulatório das águas nacionais, examina-se o regime de competências constitucionais em matéria de meio ambiente e de águas e as peculiaridades afetas ao Sistema Nacional de Gerenciamento de Recursos Hídricos. Por fim, de forma propositiva, são elencadas medidas que buscam auxiliar no aperfeiçoamento da governança das águas e do enfrentamento da crise hídrica.
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A existência de instrumentos monetários paralelos àqueles “oficiais” não é um fenômeno recente: ao longo da história, diversas foram as formas e ocasiões em que circularam moedas paralelas. No entanto, nos últimos anos, esses instrumentos fundiram-se com a tecnologia, atingindo um alcance praticamente ilimitado, trazendo consequências que ainda não se sabe como estimar. Este trabalho tem por objetivo estudar um caso específico de moeda paralela de alta complexidade tecnológica, o Bitcoin, e descrever quais têm sido os posicionamentos adotados por uma série de jurisdições a esse respeito. Trata-se de uma aproximação mais palatável da linguagem da Tecnologia da Informação e da Economia aos operadores do Direito. O estudo estende-se na direção de propor uma reflexão acerca do significado de se reconhecer no Bitcoin uma moeda paralela – muito embora a discussão acerca de ser ou não moeda constituir apenas uma das discussões possíveis. Explora-se quais têm sido as opções de regulação adotadas pelos Estados que se vêem obrigados a assumir uma posição em relação às moedas virtuais, em geral, e ao Bitcoin, em particular. Percebe-se que a terminologia escolhida pelas jurisdições no tratamento do Bitcoin resulta na sua inclusão em diferentes categorias do Direito e, como consequência direta disso, as implicações jurídicas variam de acordo com a terminologia adotada. O principal tratamento dispensado ao Bitcoin é aquele via tributação, notando-se a preocupação de cada Estado em classificar juridicamente o Bitcoin de acordo com a regulação específica que se pretende invocar a incidência. De acordo com o levantamento realizado, 62 jurisdições já assumiram um posicionamento em relação ao Bitcoin. Com cada vez mais atenção dispensada por órgãos regulatórios internacionais – como é o caso do Banco Central Europeu e do Fundo Monetário Internacional – o Bitcoin reforça seu potencial e suas limitações, principalmente no tocante aos desafios enfrentados à uma regulação eficaz. A conclusão deste trabalho procura reforçar que o tratamento jurídico dispensado a fenômenos novos não é uniforme, e que, uma vez encarado pelo viés da teoria econômica que reconhece a existência das moedas paralelas, o Bitcoin pode ser mais facilmente apreendido em um aparato regulatório.
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This study reviews the spatial configuration from the road network of an urban compound formed by the cities of Crato, Juazeiro do Norte and Barbalha (the Crajubar - core of the Cariri metropolitan region, in the State of Ceará, Brazil), in order to establish nexus (or relations) between different levels of accessibility and the formation/ transformation and specialization of centralities in local and metropolitan scales. Stemming from the Social Logic of Space theoretical and operational apparatus, the study explores modeling possibilities (with axial lines, segments and lines of continuity) which is then confronted to empirical observations concerning movement flows and land use, within a Geographic Information System database. At different scales of analysis, the results suggest evidences of continuity were found in the permanence of intra-urban centres and sub-centres within each town, whereas evidences of change pointed out to the formation of a new centrality of metropolitan magnitude in the neighbourhood referred to as the Triângulo, in the municipality of Juazeiro, where high levels of topological accessibility coincides with the appearance of new business buildings as well as with the emergence of urban equipment of a scale more adequate to meet a regional demand
O descompasso de uma experiência: avaliação do Programa Habitar Brasil na Comunidade África-Natal/RN
Resumo:
This research deals with the evaluation of the Programa do Governo Federal para Urbanização de Favelas Habitar Brasil(1993) carried out in the Africa slum - Redinha neighbourhood in Natal-Rn. This study carried out in period from 2005 to 2006 searches to identify the effects of the actions proposed by Program in 1993-1994 about the current urbanistic configuration of the Africa community. It analyzes the effectiveness in the process of achievement of the considered objectives to habitation, communitity equipments, infrastructure and agrarian regularization. On the evaluation process, it has been as reference the works developed by Adauto Cardoso (2004), Blaine Worthen (2004), Ronaldo Garcia (2001) and Rosângela Paz (2006). About the Habitational Policy with approach to the Urbanistic Right and the right to the housing, the reflections by Raquel Rolnik, Nabil Bonduki, Ermínia Maricato, Saule Júnior, Betânia de Moraes Alfonsin and Edésio Fernandes are main references. To gauge the execution of the objectives proposed by Habitar Brasil in 1993, it has searched in the documentary data of the time and in information gotten in interviews with technicians that had participated of the program, consistent references on what was considered, what was executed and the process of the intervention of Habitar Brasil in the Africa community. The area analysis in 2005-2006 has developed on the base of the urbanistic survey of the current situation from the four performance lines of the Program: habitation, infrastructure, community equipments and agrarian regularization, with a current urbanistic evaluation of Africa considering the intervention carried out in 1993 and 1994. The study points out the context of Brazilian Habitational Policy where the Programa Habitar Brasil was launched, explaining the main principles of the Program. In terms of local, it empahsizes the administrative-political factors that had contributed so that Natal-Rn city has been pioneering in the resources captation of Habitar Brazil (1993). Considering Habitar Brazil in Africa, the work argues and presents the intervention diagnosis and the proposal, developed by Program in 1993 evidencing the local problem of the time. After that, it makes a current reading of the area, identifying in 2006 representative elements of Habitar Brasil (1993-1994) for the Africa community. It identifies significant advances in the constitution of the institucional apparatus of the plaining system of Habitation of Social Interest for the city of Natal and points the fragilities in the implementation of the urban infrastructure actions and above all in the achievement of the objectives of the agrarian regularization
Resumo:
In this paper we developed a prototype for dynamic and quantitative analysis of the hardness of metal surfaces by penetration tests. It consists of a micro-indenter which is driven by a gear system driven by three-rectified. The sample to be tested is placed on a table that contains a load cell that measures the deformation in the sample during the penetration of micro-indenter. With this prototype it is possible to measure the elastic deformation of the material obtained by calculating the depth of penetration in the sample from the difference of turns between the start of load application to the application of the load test and return the indenter until the complete termination of load application. To determine the hardness was used to measure the depth of plastic deformation. We used 7 types of steel trade to test the apparatus. There was a dispersion of less than 10% for five measurements made on each sample and a good agreement with the values of firmness provided by the manufacturers.
Resumo:
The current National Policy for Social Assistance (PNAS) is the instrument that regulates the organization and procedures of social-welfare actions. Developed and approved in 2004 since the Unified Social Assistance System (ITS) was crated in 2003, it reaffirms the democratic principles of the Social Assistance Organic Law (LOAS) focusing on the universalization of social rights and equality of rights when accessing the social-welfare system. In the SUAS point of view, the PNAS highlights the information, monitoring and evaluation fields for being the best way to assure the regulation, organization and control by the Federal Government paying attention to the principles of decentralization and participation. This political-institutional rearrangement occurs through the pact among all the three federal entities. The pact deals with the implementation of the task. It says that it has to be shared between the federal autonomous entities, established by dividing responsibilities. To the cities, considered as the smallest territorial unit of the federation and closer to the population, was given the primary responsibility, which is to feed and maintain the database of SUAS NETWORK and identify families living in situations of social vulnerability. In addition to these responsibilities, the cities that have full autonomy in the management of their actions, have the responsibility to organize the basic social protection and the special social protection, that using the Center of Social Assistance Reference (CRAS) and the Center of Specialized Social Assistance Reference (CREAS), are responsible for the provision of programs, projects and services that strengthen the family and community; that promote people who are able to enjoy the benefits of the Continuing benefit of Provisions (BPC) and transfer of incomes; that hold the infringed rights on its territory; that maximize the protective role of families and strengthen its users organization. In Mossoró/RN, city classified as autonomous in the social assistance management, has five units of CRAS that, for being public utilities, are considered the main units of basic social protection, since they are responsible for the connection between the other institutions that compose the network of local social protection. Also known as Family House, the CRAS, among other programs and services, offers the Integral Attention to Families Program (PAIF), Juvenile ProJovem Program, socio-educational coexistence services programs, as well as sending people to other public policies and social-welfare services network, provides information, among others. In this large field, social workers are highlighted as keys to implement the policy of social assistance within the city, followed by psychologists and educators. They should be effective public employees, as a solution to ensure that the provision of the services are to be continued, provided to the population living around the units. However, what we can find here is inattention to the standard rules of social assistance, which not only undermines the quality of programs and services, but also the consolidation of policy on welfare as public policy of social rights
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In recent years, issues involving public safety have gained more prominence in scientific debates, the media, and common sense, because undoubtedly the feeling of fear and insecurity caused by the increase in violence overall, has spread like construction element of social representations, both in individual levels, as well as collectively. Violence is a social phenomenon existing in human manifestations, from the older societies, ie it was present in all historical periods, but in different ways in the subjective and objective, having had the task of being the central element in modeling process for the formation of individual behavior, both in older societies as in modern society. However, it has a peculiar feature of acquiring new contours to the extent that the individual and collective behaviors are modified in relation individual-violence. In this sense, the institutions that establish the order from the control of violence, have their social representations in the context of social relationships permeated by elements of violence, fear and insecurity, that shift the subjective feeling of insecurity, or existential, for a concrete plan and goal, namely to the level of physical insecurity in daily life in the modern world. The objective of this study was to capture the construction of social representations of the population in Aracaju on the police institution and the figure of the policeman in the contemporary context. We focus our attention only to the institutions of order, which constitute the field of the apparatus of public security and social protection of our state
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The aim of the research is to analyze Direção Espiritual a TV program produced by Catholic Church and presented by Canção Nova Channel. The program is presented by Father Fábio de Melo, a catholic priest that also is a famous religious singer and writer. The analyses included not only some TV programs, but also interviews with some of the viewers and Fabio de Melo himself. The results points out the emergence in Brazil of a new religious speech from Catholic Church founded in comprehension path, dissociated from punishment and guilty. This religious speech is more like a self help speech rather than a tradicional religious discourse itself, very similar to psychotherapeutic speech. The TV program presented by Fabio de Melo is guided in tiny line of sacre and profane which announces contradictions but also a new blend of religious approach in contemporary days
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Currently in the social sciences the question of self-identity and its meanings, absorb as a central objective aspects that concern analysis of an imaginary (re) constructed from processes of identity affirmation. Ethnic discourse in the consolidation of social boundaries (re) assemble a social policy apparatus able to claim their belongings concerning his ancestry, as well as the interpretation of the meanings given to their territory by any group. This dissertation work is the result of an ethnographic study undertaken with the residents of the Community Maloca, Vargas located in the neighborhood adjacent to the commercial center in Aracaju - SE. Since February 2007 the group is certified by FCP - Palmares Cultural Foundation as a lasting community, while it is part of a special gift for being an urban center, varying from the majority of that remaining Maroons in their contexts, outcrops and specific land rural. It focuses on the work process of territorial formation of the hut, and the arrival of their first actors, contextualizing the process of legitimation refers to the territory they live, as well as the various narratives that (re) construct the time he lived, the relations kinship, conflict, the process of self-affirmation as runaways and the relationship of belonging with their living space / living contained in the imaginary city of Aracaju. Attempts are made to the opportunity to understand the meanings that affirm their ethnicity, parallel group for the pursuit of effective policies and guarantee of constitutional rights in the urban context.
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This legal research aims to demonstrate the prohibition in the Brazilian criminal system of a multiple imputation for the same fact in a simultaneous or successive way. For that it is developed a different idea of the subject. Through comparative, eletronic and bibliographical researches, the dissertation was accomplished in a way to establish the content of the foundations of the criminal procedural emphasizing as fundamental premise the values of the Constitution. In the first section it was demonstrated the limits of the theme and the objective of the research. After that, it was analyzed the basic function of the criminal suit which has the important mission of limiting state's punitive power. In the same way, the criminal procedure corresponds to a warranty of the citizens' freedom. In the same section, it is shown how it is possible to abandon the myth of the real truth in the criminal law system. In the third section of the research, there were pointed elements and definitions about the cognition object, specially the litigious object or "thema decidendum", and also the peculiarities of the judged cases. In the fourth section the subject about origins and evolution of the criminal procedure and its objectives in the legal system is developed to demonstrate its perspectives. Some aspects of the identity's concept of the presupposition of the facts are as well demonstrated in order to relate the theme to the prohibition of multiple imputation. There are also considerations about some other important aspects as the incidence of the legal rules and the possible change on the elements of the penal type. There are several comments about legal procedural in other legal systems comparing them to Brazilian's most elevated Courts. In the end it was systematized the limits to criminal imputation, emphasizing the defende's right as a foundation of the legal system. Is was registered that the ius persequendi can be exercised once
Resumo:
The apportionment of natural resources between sovereign States is a subject that relates many aspects of International law, as long as Constitutional Law, at the execution and application phases of international treaties that regulates the exploration of common goods. In this sense, because of their natural characteristics that creates an environment of constant migration and fixation in transboundary regions, terrestrial or maritime, the petroleum and the natural gas bound a complex juridical apparatus that can control the sovereign rights involved. This research is aim at accomplishing a study concerning the international agreements that enable the non-unilateral action, specifically the unitization treaties between sovereign States, as a manner to resolve situations related to the individualization of oil and/or gas reservoirs that go across their national borders. These agreements will be analyzed considering the international public law sources theory, bearing in mind yet the already existed experiences in this sense, not disregarding the way that this fact could affect Brazil. It will begin with an historical incursion over the unitization institute, covering its main characteristics and its formation and execution procedures, and finally it will address the Brazilian legal system and the comparative law threats the institute. The clauses of these relevant agreements will be analyzed in details, concerning its particularities and its contents. Because these agreements are international obligatory rules of law, it is indispensable that they are considered under the auspices of the international law system, focusing their nature and the subjects of international law and establishing them as sources of the international law, analyzing them, then, as international rules and the applicable law to these juridical relations, the conventional established, the consolidated international custom and the applicable International Law principles, appearing the State s responsibility as an important subject for the verification of the acts lawful practiced by States. The analysis of the apportionment of these natural resources ends with the individualization of possible exploitable marine oil fields located between the exclusive economic zone and the continental platform ends and the region administrated by the International Seabed Authority. At last, the Brazilian constitutional system appears as the mechanism of integration, application and execution of the international unitization agreements in Brazil, detaching the format and the proceedings that the international treaties take to acquire validity at the national legal system, passing through the treaties interpretation and the applicable constitutional principles, coming to its application in Brazil, considering the existing constitutional peculiarities and the role played by the National Agency of Petroleum, Natural Gas and bio-fuel ANP
Resumo:
The demands brought by a society doomed to the constant production of global risks, which whose effects are not immediately noticed effects are not perceived immediately, claim from the Law a new Theory about the Risk, that would offer a broad environmental protection, at the same time it would still be compatible with the idea of economic efficiency, required by the Modern Industry. The expansion of the methods and technologies regarding the exploitation and production of oil causes the constant expansion of the exploitable boundaries, especially in ultra-deep waters with the Pre-salt layer, in Brazil, or the still incipient research about the polymetallic nodules and other mineral sources in international waters, like the Atlântico Sudoeste, by the Programme on Ocean Science in Relation do Non Living Resources (OSNLR), a global study performed in partnership with the Intergovernmental Oceanographic Commission, from UNESCO (IOC UNESCO) and also with the Division of Ocean Affairs and Law of the Sea (UNDOALOS). Thus, we aim to analyze the correlation, and possible collisions between the right to a balanced environment and the free exercise of economic activity and the occurrence of environmental damages from the perspective of the exploitation activities of oil and other natural resources in international waters, specifically in the Area, from the constitutional principle of sustainable development and its legitimacy by the environmental international protection. Therefore, this study also aims to evaluate the legal framework for exploration and production of oil in international waters, particularly in the Area, and appraise how the constitutional instruments and mechanisms for environmental protection can impact on the international environmental protection system in order to ensure the present and future generations an ecologically balanced environment, laid down in Article 225 of the Brazilian Constitution, even with so many risks posed by the activities of exploitation and production of oil in international waters. In the meantime, we intend to also intend to investigate the possibility of future liability for environmental damage in order to ensure that constitutional principle and, consequently, and try to define the concept of environmental damage and its implications on the constitutional principle of environmental protection. Given all that was in summary, this work aims to contribute to the evolution of the new Theory of Environmental Risk, turning the law into something more than a punitive or corrective element in this society, but into a legal risk management, that may be triggered even before the consolidation of the damage
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This study analyzes the institucional environment and its changes around the carcinicultora activity in Rio Grande do Norte from the understanding of its trajectory and the macroinstitucional elements micron and that characterizes the activity in the period of 1999 the 2009. In the analysis of the occured institucional changes in the carcinicultura the Guaraíra Estuary is overcome as space reference, located in the eastern coast of the Rio Grande of the North. The analysis proposal has for base the adoption of the conceptual support of the innovative institucionalistas and neoshumpterianas theories, for understanding that these bring complementary and enriching elements that will allow an analysis, not static, but, dynamics of the carcinicultora activity. It was verified that the crisis brought up for the antidumping action, for the problems of the illnesses that had abated the shrimp, for the depreciation of the Real, among others it led to an overturn in the productive conjuncture of market and forced the alteration of the effective institutions. This institucional alteration, goes in the direction to search to take care of the new demands of the carcinicultura that was possible for the solidity of the institucional foundations constructed throughout the thirty previous years and the consequent consolidation of the composed institucional apparatus for rich a mix of organizations, not only for agencies of government, as well as for organizations with social representation
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Brazilian health public assistance is going through two Reforms, Sanitary and Psychiatric, and through these the assistance is guaranteed in the three levels: primary, secondary and tertiary. Thus, mental health assistance should be offered since preventive cares until the ones that demand larger technological apparatus. Programs like Health Community Agent's Program (HCAP) and Family Health Strategy (FHS), besides increasing the services coverage, have been making possible the system reorientation in the meaning of integrality, universalization and equity. Thus, united intervention of mental health team and FHS can offer several benefits to the population, providing assistance and follow-up to patients with mental disorder. It was aimed to assess health community agents facing the user of Family Health Strategy in depressive state. This quanti-qualitative study took place in the municipal district of Abaiara-CE. Semi-structured interview was applied with health community agents and Beck Depression Inventory with the users registered in Family Health Strategy. It was verified that among the 64 users interviewed, 12.5% didn't present symptoms of depression, 10.9% presented symptoms of light depression, 14.1% symptoms of moderate depression and 62.5% symptoms of serious depression. For the 22 health community agents interviewed, they all reported the existence of people with symptoms of depression in their personal micro-areas, being difficult to work with them, once the FHS team is not qualified to work with mental health problems. It was verified that the Municipal district doesn't have specialized professionals, making difficult the routing and treatment. Based on these results, it was concluded that in spite of the articulation of mental health with FHS is necessary and benefactor to the population, it still doesn't exist, worsening the situation, mainly in small Municipal districts, once they don't have mental health services. Thus, the population is exposed and without follow-up, which allows the identification of installed diseases and with gravity, like depression, because there are no prevention and control activities. It is recommended, due the extreme need, the elaboration and implantation of a mental health program in these municipal districts, articulated with FHS
Resumo:
The hardness test is thoroughly used in research and evaluation of materials for quality control. However, this test results are subject to uncertainties caused by the process operator in the moment of the mensuration impression diagonals make by the indenter in the sample. With this mind, an automated equipment of hardness mensuration was developed. The hardness value was obtained starting from the mensuration of plastic deformation suffered by the material to a well-known load. The material deformation was calculated through the mensuration of the difference between the progress and retreat of a diamond indenter on the used sample. It was not necessary, therefore, the manual mensuration of the diagonals, decreasing the mistake source caused by the operator. Tension graphs of versus deformation could be analyzed from data obtained by the accomplished analysis, as well as you became possible a complete observation of the whole process. Following, the hardness results calculated by the experimental apparatus were compared with the results calculated by a commercial microhardness machine with the intention of testing its efficiency. All things considered, it became possible the materials hardness mensuration through an automated method, which minimized the mistakes caused by the operator and increased the analysis reliability