La codificazione del danno ambientale. La sfida del diritto privato tra interessi individuali e interessi collettivi

La tesi ha ad oggetto la tutela dell’ambiente e il ruolo svolto dal diritto privato. In particolare, si affrontano gli aspetti che caratterizzano il danno all’ambiente e, ancor più nel dettaglio, si fa emergere la dimensione plurioffensiva. Si risolvono alcuni nodi e alcune problematiche che si manifestano in relazione alla legittimazione ad agire per danno all’ambiente e, di conseguenza, si focalizza l’attenzione sull’individuazione delle situazioni giuridiche soggettive ad esso correlate: termini come diritto soggettivo, interessi collettivi, interessi diffusi, legittimazione soggettiva e legittimazione oggettiva costituiscono il leitmotiv dell’indagine. Al fine di poter inquadrare sistematicamente il tema ambientale nella sfera del diritto privato, si analizzano i fondamenti del costituzionalismo e del diritto privato moderno, le ragioni dell’esistenza della dicotomia pubblico-privato e della separazione di interessi ad essa corrispondente. Quest’indagine, contenuta nel primo capitolo della tesi, è necessaria per cogliere le motivazioni della tendenziale estromissione (soprattutto nell’ambito delle categorie civilistiche) degli interessi superindividuali, degli interessi collettivi e dei corpi intermedi che ne sono portatori. Nel secondo capitolo si ripercorre, nell’intervallo temporale che va dagli anni ’70 sino alla fine degli anni ’90, l’evoluzione normativa e le principali teorie relative al danno all’ambiente. L’analisi di questi stessi temi, nel periodo intercorrente tra l’inizio del nuovo Millennio e i giorni nostri, è oggetto di indagine anche del terzo ed ultimo capitolo, in cui l’attenzione si sposta inevitabilmente sulla legislazione europea e sulla tutela multilivello dei diritti. Nelle conclusioni del lavoro, infine, ci si interroga sulla funzione giudiziaria e sulla separazione dei poteri nella gestione del problema ambientale, nonché sulla valenza attuale dei diritti soggettivi e dei diritti fondamentali dell’uomo nel costituzionalismo democratico. In questa sede, si illustra e si propone una dimensione istituzionale del diritto soggettivo, declinato in termini di partecipazione democratica.

Ricerche in materia di 'ius emphyteuticum' sulle 'meliorationes, quae graeco vocabulo emponemata dicuntur'

Le presenti ricerche indagano la disciplina delle «meliorationes, quae graeco vocabulo emponemata dicuntur» nell’ambito dell’enfiteusi privata giustinianea, pervenendo, a seguito della ricostruzione della nozione di «emponemata», a una interpretazione di C. 4.66.3 (a. 530) secondo la quale questa costituzione non implicherebbe – anche in ragione del confronto testuale con Nov. 64 (a. 538), in materia di «misthosis» – una deroga al principio «superficies solo cedit» e – con riferimento alla fattispecie della loro alienazione – farebbe del termine «meliorationes» un uso condizionale e metonimico, volto a enucleare – nell’ambito delle diverse possibilità di trasferimento «inter vivos» dell’enfiteusi – il caso (oggetto di speciale normazione) della «venditio» per la sola ipotesi in cui sul fondo enfiteutico fossero intervenute «meliorationes» tali da poter essere qualificate come «emponemata».

Metallochlorophylls of magnesium, copper and zinc: evaluation of the influence of the first coordination sphere on their solvatochromism and aggregation properties

In this study the role of different metal centers (magnesium, zinc and copper) on the enhancement of the hydrophilic character of metallochlorophylls, was evaluated. The solvatochromism as well as the aggregation process for these compounds in water/ethanol mixtures at different volume ratios were evaluated using Fluorescence, and Resonant Light Scattering (RLS) measurements, aiming to characterize the behavior of these compounds. Independently on the studied metallochlorophyll, the presence of at least 60% of water results in a considerable increase in the fluorescence emission, probably a direct consequence of a lower aggregation of these compounds, which is confirmed by the results from RLS measurements. Additionally, the results suggest that magnesium and zinc chlorophyll should be promising phototherapeutic agents for Photodynamic Therapy.

Density functional theory analysis of the influence of pore wall heterogeneity on adsorption in carbons

Density functional theory for adsorption in carbons is adapted here to incorporate a random distribution of pore wall thickness in the solid, and it is shown that the mean pore wall thickness is intimately related to the pore size distribution characteristics. For typical carbons the pore walls are estimated to comprise only about two graphene layers, and application of the modified density functional theory approach shows that the commonly used assumption of infinitely thick walls can severely affect the results for adsorption in small pores under both supercritical and subcritical conditions. Under supercritical conditions the Henry's law coefficient is overpredicted by as much as a factor of 2, while under subcritical conditions pore wall heterogeneity appears to modify transitions in small pores into a sequence of smaller ones corresponding to pores with different wall thicknesses. The results suggest the need to improve current pore size distrubution analysis methods to allow for pore wall heterogeneity. The density functional theory is further extended here to allow for interpore adsorbate interactions, and it appears that these interaction are negligible for small molecules such as nitrogen but significant for more strongly interacting heavier molecules such as butane, for which the traditional independent pore model may not be adequate.

Influence of shapes of selected vegetable materials on drying kinetics during fluidized bed drying

Three different particular geometrical shapes of parallelepiped, cylinder and sphere were taken from cut green beans (length:diameter = 1:1, 2:1 and 3:1) and potatoes (aspect ratio = 1:1, 2:1 and 3:1) and peas, respectively. Their drying behaviour in a fluidised bed was studied at three different drying temperatures of 30, 40 and 50 degreesC (RH = 15%). Drying curves were constructed using non-dimensional moisture ratio (MR) and time and their behaviour was modelled using exponential (MR = exp(-kt)) and Page (MR = exp(-kt(n))) models. The effective diffusion coefficient of moisture transfer was determined by Fickian method using uni- and three-dimensional moisture movements. The diffusion coefficient was least affected by the size when the moisture movement was considered three-dimensional, whereas the drying temperature had a significative effect on diffusivity as expected. The drying constant and diffusivity coefficients were on the descending order for potato, beans and peas. The Arrhenius activation energy for the peas was also highest, indicating a strong barrier to moisture movement in peas as compared to beans and skinless cut potato pieces. (C) 2003 Elsevier Science Ltd. All rights reserved.

How new online communication tools and the availability of content influence the audiences and the creative process

We live in a changing world. At an impressive speed, every day new technological resources appear. We increasingly use the Internet to obtain and share information, and new online communication tools are emerging. Each of them encompasses new potential and creates new audiences. In recent years, we witnessed the emergence of Facebook, Twitter, YouTube and other media platforms. They have provided us with an even greater interactivity between sender and receiver, as well as generated a new sense of community. At the same time we also see the availability of content like it never happened before. We are increasingly sharing texts, videos, photos, etc. This poster intends to explore the potential of using these new online communication tools in the cultural sphere to create new audiences, to develop of a new kind of community, to provide information as well as different ways of building organizations’ memory. The transience of performing arts is accompanied by the need to counter that transience by means of documentation. This desire to ‘save’ events reaches its expression with the information archive of the different production moments as well as the opportunity to record the event and present it through, for instance, digital platforms. In this poster we intend to answer the following questions: which online communication tools are being used to engage audiences in the cultural sphere (specifically between theater companies in Lisbon)? Is there a new relationship with the public? Are online communication tools creating a new kind of community? What changes are these tools introducing in the creative process? In what way the availability of content and its archive contribute to the organization memory? Among several references, we will approach the two-way communication model that James E. Grunig & Todd T. Hunt (1984) already presented and the concept of mass self-communication of Manuel Castells (2010). Castells also tells us that we have moved from traditional media to a system of communication networks. For Scott Kirsner (2010), we have entered an era of digital creativity, where artists have the tools to do what they imagined and the public no longer wants to just consume cultural goods, but instead to have a voice and participate. The creativity process is now depending on the public choice as they wander through the screen. It is the receiver who owns an object which can be exchanged. Virtual reality has encouraged the receiver to abandon its position of passive observer and to become a participant agent, which implies a challenge to organizations: inventing new forms of interfaces. Therefore, we intend to find new and effective online tools that can be used by cultural organizations; the best way to manage them; to show how organizations can create a community with the public and how the availability of online content and its archive can contribute to the organizations’ memory.

Non-ergodicity of inviscid two-dimensional flow on a beta-plane and on the surface of a rotating sphere

It is shown that, for a sufficiently large value of β, two-dimensional flow on a doubly-periodic beta-plane cannot be ergodic (phase-space filling) on the phase-space surface of constant energy and enstrophy. A corresponding result holds for flow on the surface of a rotating sphere, for a sufficiently rapid rotation rate Ω. This implies that the higher-order, non-quadratic invariants are exerting a significant influence on the statistical evolution of the flow. The proof relies on the existence of a finite-amplitude Liapunov stability theorem for zonally symmetric basic states with a non-vanishing absolute-vorticity gradient. When the domain size is much larger than the size of a typical eddy, then a sufficient condition for non-ergodicity is that the wave steepness ε < 1, where ε = 2[surd radical]2Z/βU in the planar case and $\epsilon = 2^{\frac{1}{4}} a^{\frac{5}{2}}Z^{\frac{7}{4}}/\Omega U^{\frac{5}{2}}$ in the spherical case, and where Z is the enstrophy, U the r.m.s. velocity, and a the radius of the sphere. This result may help to explain why numerical simulations of unforced beta-plane turbulence (in which ε decreases in time) seem to evolve into a non-ergodic regime at large scales.

Optical resonances of sphere-on-plane geometries

The optical resonances of metallic nanoparticles placed at nanometer distances from a metal plane were investigated. At certain wavelengths, these “sphere-on-plane” systems become resonant with the incident electromagnetic field and huge enhancements of the field are predicted localized in the small gaps created between the nanoparticle and the plane. An experimental architecture to fabricate sphere-on-plane systems was successfully achieved in which in addition to the commonly used alkanethiols, polyphenylene dendrimers were used as molecular spacers to separate the metallic nanoparticles from the metal planes. They allow for a defined nanoparticle-plane separation and some often are functionalized with a chromophore core which is therefore positioned exactly in the gap. The metal planes used in the system architecture consisted of evaporated thin films of gold or silver. Evaporated gold or silver films have a smooth interface with their substrate and a rougher top surface. To investigate the influence of surface roughness on the optical response of such a film, two gold films were prepared with a smooth and a rough side which were as similar as possible. Surface plasmons were excited in Kretschmann configuration both on the rough and on the smooth side. Their reflectivity could be well modeled by a single gold film for each individual measurement. The film has to be modeled as two layers with significantly different optical constants. The smooth side, although polycrystalline, had an optical response that was very similar to a monocrystalline surface while for the rough side the standard response of evaporated gold is retrieved. For investigations on thin non-absorbing dielectric films though, this heterogeneity introduces only a negligible error. To determine the resonant wavelength of the sphere-on-plane systems a strategy was developed which is based on multi-wavelength surface plasmon spectroscopy experiments in Kretschmann-configuration. The resonant behavior of the system lead to characteristic changes in the surface plasmon dispersion. A quantitative analysis was performed by calculating the polarisability per unit area /A treating the sphere-on-plane systems as an effective layer. This approach completely avoids the ambiguity in the determination of thickness and optical response of thin films in surface plasmon spectroscopy. Equal area densities of polarisable units yielded identical response irrespective of the thickness of the layer they are distributed in. The parameter range where the evaluation of surface plasmon data in terms of /A is applicable was determined for a typical experimental situation. It was shown that this analysis yields reasonable quantitative agreement with a simple theoretical model of the sphere-on-plane resonators and reproduces the results from standard extinction experiments having a higher information content and significantly increased signal-to-noise ratio. With the objective to acquire a better quantitative understanding of the dependence of the resonance wavelength on the geometry of the sphere-on-plane systems, different systems were fabricated in which the gold nanoparticle size, type of spacer and ambient medium were varied and the resonance wavelength of the system was determined. The gold nanoparticle radius was varied in the range from 10 nm to 80 nm. It could be shown that the polyphenylene dendrimers can be used as molecular spacers to fabricate systems which support gap resonances. The resonance wavelength of the systems could be tuned in the optical region between 550 nm and 800 nm. Based on a simple analytical model, a quantitative analysis was developed to relate the systems’ geometry with the resonant wavelength and surprisingly good agreement of this simple model with the experiment without any adjustable parameters was found. The key feature ascribed to sphere-on-plane systems is a very large electromagnetic field localized in volumes in the nanometer range. Experiments towards a quantitative understanding of the field enhancements taking place in the gap of the sphere-on-plane systems were done by monitoring the increase in fluorescence of a metal-supported monolayer of a dye-loaded dendrimer upon decoration of the surface with nanoparticles. The metal used (gold and silver), the colloid mean size and the surface roughness were varied. Large silver crystallites on evaporated silver surfaces lead to the most pronounced fluorescence enhancements in the order of 104. They constitute a very promising sample architecture for the study of field enhancements.

Genetic Predictors Of Long-term Response To Growth Hormone (gh) Therapy In Children With Gh Deficiency And Turner Syndrome: The Influence Of A Socs2 Polymorphism.

There is great interindividual variability in the response to GH therapy. Ascertaining genetic factors can improve the accuracy of growth response predictions. Suppressor of cytokine signaling (SOCS)-2 is an intracellular negative regulator of GH receptor (GHR) signaling. The objective of the study was to assess the influence of a SOCS2 polymorphism (rs3782415) and its interactive effect with GHR exon 3 and -202 A/C IGFBP3 (rs2854744) polymorphisms on adult height of patients treated with recombinant human GH (rhGH). Genotypes were correlated with adult height data of 65 Turner syndrome (TS) and 47 GH deficiency (GHD) patients treated with rhGH, by multiple linear regressions. Generalized multifactor dimensionality reduction was used to evaluate gene-gene interactions. Baseline clinical data were indistinguishable among patients with different genotypes. Adult height SD scores of patients with at least one SOCS2 single-nucleotide polymorphism rs3782415-C were 0.7 higher than those homozygous for the T allele (P < .001). SOCS2 (P = .003), GHR-exon 3 (P= .016) and -202 A/C IGFBP3 (P = .013) polymorphisms, together with clinical factors accounted for 58% of the variability in adult height and 82% of the total height SD score gain. Patients harboring any two negative genotypes in these three different loci (homozygosity for SOCS2 T allele; the GHR exon 3 full-length allele and/or the -202C-IGFBP3 allele) were more likely to achieve an adult height at the lower quartile (odds ratio of 13.3; 95% confidence interval of 3.2-54.2, P = .0001). The SOCS2 polymorphism (rs3782415) has an influence on the adult height of children with TS and GHD after long-term rhGH therapy. Polymorphisms located in GHR, IGFBP3, and SOCS2 loci have an influence on the growth outcomes of TS and GHD patients treated with rhGH. The use of these genetic markers could identify among rhGH-treated patients those who are genetically predisposed to have less favorable outcomes.

The Influence Of The Environment On The Development Of Thyroid Tumors: A New Appraisal.

Most epidemiological studies concerning differentiated thyroid cancers (DTC) indicate an increasing incidence over the last two decades. This increase might be partially explained by the better access to health services worldwide, but clinicopathological analyses do not fully support this hypothesis, indicating that there are carcinogenetic factors behind this noticeable increasing incidence. Although we have undoubtedly understood the biology and molecular pathways underlying thyroid carcinogenesis in a better way, we have made very little progresses in identifying a risk profile for DTC, and our knowledge of risk factors is very similar to what we knew 30-40 years ago. In addition to ionizing radiation exposure, the most documented and established risk factor for DTC, we also investigated the role of other factors, including eating habits, tobacco smoking, living in a volcanic area, xenobiotics, and viruses, which could be involved in thyroid carcinogenesis, thus, contributing to the increase in DTC incidence rates observed.

Influence Of Gastric Emptying On The Control Of Postprandial Glycemia: Physiology And Therapeutic Implications.

The maintenance of glucose homeostasis is complex and involves, besides the secretion and action of insulin and glucagon, a hormonal and neural mechanism, regulating the rate of gastric emptying. This mechanism depends on extrinsic and intrinsic factors. Glucagon-like peptide-1 secretion regulates the speed of gastric emptying, contributing to the control of postprandial glycemia. The pharmacodynamic characteristics of various agents of this class can explain the effects more relevant in fasting or postprandial glucose, and can thus guide the individualized treatment, according to the clinical and pathophysiological features of each patient.

The Influence Of Altered Occlusion On Pro-inflammatory Cytokine Levels In The Tmj Synovial Tissues Of Rats.

The aim of this study was to evaluate whether altered occlusion affects both the condylar cartilage thickness and the cytokine levels of the TMJs of rats. Thirty adult-male rats (n=30) were randomly assigned to three experimental conditions: a control group that underwent sham operations with unaltered occlusion; an FPDM group that underwent functional posterior displacement of the mandible that was induced by an incisor guiding appliance; and an iOVD group in which the increased occlusal vertical dimension was induced in the molars. The rats were subjected to the FPDM or iOVD model for 14 days and then killed. Both the right and left TMJs were removed and randomly assigned to examination with staining or immunoassay techniques. Toluidine blue staining was used to measure the thicknesses of the four layers of the articular cartilage (i.e., the fibrous, proliferating, mature, and hypertrophic layers). ELISA assays were used to assess the concentrations of the pro-inflammatory cytokines IL-1α, IL-1β, IL-6, and tumour necrosis factor (TNF-α). The measurements of the articular cartilage layers and cytokine concentrations were analyzed with ANOVA and Tukey's tests and Kruskal-Wallis and Dunn tests, respectively (α=5%). The thickness of articular cartilage in the FPDM group (0.3±0.03mm) was significantly greater than those of the control (0.2±0.01mm) and iOVD (0.25±0.03mm) groups. No significant difference was observed between the control and iOVD groups. The four articular cartilage layers were thicker in the FPDM group than in the control and iOVD groups, and the latter two groups did not differ one from each other. Both the FPDM and iOVD groups exhibited higher cytokine levels than did the control (p<0.05) group. Compared to the FPDM group, the iOVD group exhibited significantly higher levels of IL-1β and TNF-α. Both models induced inflammation in the TMJ and caused significant structural changes in the TMJ and surrounding tissues.

Influence Of Fluorescent Dye On Physical-mechanical Properties Of Luting Cements For Confocal Microscopy Analysis.

To evaluate the influence of a fluorescent dye (rhodamine B) on the physical and mechanical properties of three different luting cements: a conventional adhesive luting cement (RelyX ARC, 3M/ESPE), a self-adhesive luting cement (RelyX U-200, 3M/ESPE), and a self-etching and self-adhesive luting cement (SeT PP, SDI). The cements were mixed with 0.03 wt% rhodamine B, formed into bar-shaped specimens (n = 10), and light cured using an LED curing unit (Radii, SDI) with a radiant exposure of 32 J/cm(2) . The Knoop hardness (KHN), flexural strength (FS), and Young's modulus (YM) analyses were evaluated after storage for 24 h. Outcomes were subjected to two-way ANOVA and Tukey's test (P = 0.05) for multiple comparisons. No significant differences in FS or YM were observed among the tested groups (P ≥ 0.05); the addition of rhodamine B increased the hardness of the luting cements tested. The addition of a fluorescent agent at 0.03 wt% concentration does not negatively affect the physical-mechanical properties of the luting cement polymerization behavior.

Pyrimidine-5'-nucleotidase Campinas, A New Mutation (p.r56g) In The Nt5c3 Gene Associated With Pyrimidine-5'-nucleotidase Type I Deficiency And Influence Of Gilbert's Syndrome On Clinical Expression.

Pyrimidine-5'-nucleotidase type I (P5'NI) deficiency is an autosomal recessive condition that causes nonspherocytic hemolytic anemia, characterized by marked basophilic stippling and pyrimidine nucleotide accumulation in erythrocytes. We herein present two African descendant patients, father and daughter, with P5'N deficiency, both born from first cousins. Investigation of the promoter polymorphism of the uridine diphospho glucuronosyl transferase 1A (UGT1A) gene revealed that the father was homozygous for the allele (TA7) and the daughter heterozygous (TA6/TA7). P5'NI gene (NT5C3) gene sequencing revealed a further change in homozygosity at amino acid position 56 (p.R56G), located in a highly conserved region. Both patients developed gallstones; however the father, who had undergone surgery for the removal of stones, had extremely severe intrahepatic cholestasis and, liver biopsy revealed fibrosis and siderosis grade III, leading us to believe that the homozygosity of the UGT1A polymorphism was responsible for the more severe clinical features in the father. Moreover, our results show how the clinical expression of hemolytic anemia is influenced by epistatic factors and we describe a new mutation in the P5'N gene associated with enzyme deficiency, iron overload, and severe gallstone formation. To our knowledge, this is the first description of P5'N deficiency in South Americans.

Influence Of Delivery Method On Neuroprotection By Bone Marrow Mononuclear Cell Therapy Following Ventral Root Reimplantation With Fibrin Sealant.

The present work compared the local injection of mononuclear cells to the spinal cord lateral funiculus with the alternative approach of local delivery with fibrin sealant after ventral root avulsion (VRA) and reimplantation. For that, female adult Lewis rats were divided into the following groups: avulsion only, reimplantation with fibrin sealant; root repair with fibrin sealant associated with mononuclear cells; and repair with fibrin sealant and injected mononuclear cells. Cell therapy resulted in greater survival of spinal motoneurons up to four weeks post-surgery, especially when mononuclear cells were added to the fibrin glue. Injection of mononuclear cells to the lateral funiculus yield similar results to the reimplantation alone. Additionally, mononuclear cells added to the fibrin glue increased neurotrophic factor gene transcript levels in the spinal cord ventral horn. Regarding the motor recovery, evaluated by the functional peroneal index, as well as the paw print pressure, cell treated rats performed equally well as compared to reimplanted only animals, and significantly better than the avulsion only subjects. The results herein demonstrate that mononuclear cells therapy is neuroprotective by increasing levels of brain derived neurotrophic factor (BDNF) and glial derived neurotrophic factor (GDNF). Moreover, the use of fibrin sealant mononuclear cells delivery approach gave the best and more long lasting results.