Paradigma constitucional brasileiro da livre concorrência e da defesa do consumidor face às estruturas de poder no mercado

The Federal Constitution of 1988, when taking care of the economical order, denotes special concern in the abuses of the economical power and the disloyal competition. The mark to mediate of all this is, in fact, the defense and the consumer's protection, once this is final addressee of whatever if it puts at the consumption market. The coming of the Law 8.078/90, Code of Protection and Defense of the Consumer, inaugurates a time of effective concern with the homogeneous individual interests originating from of the consumption relationships. In this point, the focus of main to face of the present work lives, in other words, the protection of the right to the individual property, especially manifests in the exercise of the trade freedom that keeps direct relationship with the respective social function the one that is destined. The code of the consumer's defense doesn't just take care of this, but also of the other star of the relationships of the consumption. When affirming in the interruption VI of the art. 4th that the national politics of those relationships, finds ballast in the prohibition and repression efficient of all of the abuses committed in the consumption relationships, keeping inherent relationship-causality in the economical order, sculpted for the article 170 in the Constitution of 1988. In the generic plan, the mark of the present work is to question concerning the limits of the trade freedom and previsible collisions with protection norms and the consumer's defense, as well as factual convergences of those small systems, especially in what he/she refers to the innate interests to the suppliers. In the specific plan, we aspirated to identify the protection device-commands to the actors of the trade relationship, capable to guarantee the free competition in a global economy of market, seeking especially the Well-being, for soon afterwards, in an analytical perspective, to discover the possible applications that it holds the Federal Constitution, in headquarters of economical freedoms. It was observed that the consumer today doesn't need only of laws that their needs, fruit of the vulnerability that it is him/her meditate innate. He/she lacks, yes, of effective mechanisms that prevent lesions that can be them impinged by the suppliers at the time in that you/they are useful to repair the damages when happened, punishing the author of the damage

Caracterização ultrassonográfica das estruturas flexoras musculotendíneas e ligamentares da porção distal dos membros de novilhas cruzadas

Caracterizaram-se, por meio da ultrassonografia, as estruturas flexoras da porção distal dos membros de bovinos utilizando-se peças anatômicas da porção distal dos membros torácicos e pélvicos, provenientes de 20 novilhas mestiças da raça Nelore, com idades entre 24 e 36 meses. Para análise ultrassonográfica, foram estabelecidas cinco zonas de avaliação no plano transversal, denominadas, respectivamente, de zonas A, B, C, D e E, e duas em plano sagital, F-III e F-IV. Na face flexora, foram avaliados os tendões flexores digitais superficial e profundo, o músculo interósseo, o ligamento acessório do tendão flexor digital profundo e a manica flexoria, quanto à forma, limites, posição, ecogenicidade e mensurações das áreas transversais em cm². Sendo os resultados apresentados na forma descritiva e em tabelas, foi possível a caracterização das estruturas flexoras, identificando e determinando planos ultrassonográficos apropriados para a observação de imagens adequadas destes tecidos, além da obtenção de valores e parâmetros que possam ser utilizados como referência para esta espécie.

A objetivação do controle concreto de constitucionalidade nas decisões do Supremo Tribunal Federal

The independence of the United States and the revolutions that emerged in Europe in the eighteenth century led to the birth of the written constitution, with a mission to limit the power of the State and to ensure fundamental rights to citizens. Thus, the Constitution has become the norm and ultimate founding of the State. Because of this superiority felt the need to protect her, emerging from that constitutional jurisdiction, taking control of constitutionality of provisions his main instrument. In Brazil, the constitutionality control began with the Constitution of 1891, when "imported" the American model, which is named after incidental diffuse model of judicial review. Indeed, allowed that any judge or court could declare the unconstitutionality of the law or normative act in a concrete case. However, the Brazilian Constituent did not bring the U.S. Institute of stare decisis, by which the precedents of higher courts eventually link the below. Because of this lack, each tribunal Brazilian freely decide about the constitutionality of a rule, so that the decision took effect only between the parties to the dispute. This prompted the emergence of conflicting decisions between judicantes organs, which ultimately undermine legal certainty and the image of the judiciary. As a solution to the problem, was incorporated from the 1934 Constitution to rule that the Senate would suspend the law declared unconstitutional by the Supreme Court. With the introduction of abstract control of constitutionality, since 1965, the Supreme Court went on to also have the power to declare the invalidity of the provision unconstitutional, effectively against all without the need for the participation of the Senate. However, it remained the view that in case the Supreme Court declared the unconstitutionality of the fuzzy control law by the Senate would continue with the competence to suspend the law unconstitutional, thus the decision of the Praetorium Exalted restricted parties. The 1988 Constitution strengthened the abstract control expanding legitimized the Declaratory Action of Unconstitutionality and creating new mechanisms of abstract control. Adding to this, the Constitutional Amendment. No. 45/2004 brought the requirement of general repercussion and created the Office of Binding Precedent, both to be applied by the Supreme Court judgments in individual cases, thus causing an approximation between the control abstract and concrete constitutional. Saw themselves so that the Supreme Court, to be the guardian of the Constitution, its action should be directed to the trial of issues of public interest. In this new reality, it becomes more necessary the participation of the Senate to the law declared unconstitutional in fuzzy control by the Supreme Court can reach everyone, because such an interpretation has become obsolete. So, to adapt it to this reality, such a rule must be read in the sense that the Senate give publicity to the law declared unconstitutional by the Supreme Court, since mutated constitutional

O concreto e o simbólico no cotidiano da educação em saúde: práticas, representações e processo identitário dos agentes comunitários de saúde de João Pessoa PB

The present study is about an etnographic research based on the Theory of Social Representation and its complementary approach, the Theory of Central Core based on the bourdiesianos concepts of field and habitus , concerning that these concepts, articulated to the constructed social representation, may contribute to the study of social identities. Its aim is to acknowledge which identity references community health agents (CHA), agents from Community Health Agent Program (CHAP) and Family Health Program (FHP) from João Pessoa PB and which social representation is constructed by them towards health education. The study had the participation of 119 CHAs, from which 90,3 % were female and 9,7% were male. Since the identity is also built by the representation of others towards the group, 63 professionals of the FHP group (16 nurses, 16 nursing assistents, 12 doctors, 9 dentists, 6 dentistry office assistents, 4 coordinators, 1 psicologist and 1 receptionist) and 1 nurse from CHAP took part of the study, oficial documents from the Health Ministry were analyzed, verbal information from its representatives were also taken into consideration, as well as reports from the many benefitiaries of the CHA, CHAP and FHP. For data collecting, we used the combination of (a) Direct Observation and Participant Observation of the functioning micro-areas of the CHA at the Family Health Units, and the Union of the Agents; (b) Free-Association of words and expressions to stimulate the CHA , Health Education and Health ; (c) Questionnaire; (d) Interviews. The interviews were submitted to a thematic analysis of its topic. The free-association was analyzed taking in consideration the vèrgesiana proposal (a combination of the frequency and average order of evocation) which treatment enabled the identification of the central and peripheral systems of social representation towards health education and the community health agent. A test of central refutation, associated to the analysis of the indicated evocations as the most important, provided empirical evidence of social representation towards health education as orientation , prevention and hygiene , as well as the identity of CHA as supervisor , friend , help , important , and the link between the community and the Family Health Staff. Other professionals from CHAP, FHP and the Health Ministry share all of these representational contents, especially the concepts of friend and link , also shared by the community. A habitus towards the community health agents was identified, as a representation based on trust and friendship, which gives the professional a great importance towards the daily inconsistencies faced by the community

Utilização de modelos de regressão aleatória para produção de leite no dia do controle, com diferentes estruturas de variâncias residuais

Foram utilizados quatorze modelos de regressão aleatória, para ajustar 86.598 dados de produção de leite no dia do controle de 2.155 primeiras lactações de vacas Caracu, truncadas aos 305 dias. Os modelos incluíram os efeitos fixos de grupo contemporâneo e a covariável idade da vaca ao parto. Uma regressão ortogonal de ordem cúbica foi usada para modelar a trajetória média da população. Os efeitos genéticos aditivos e de ambiente permanente foram modelados por meio de regressões aleatórias, usando polinômios ortogonais de Legendre, de ordens cúbicas. Diferentes estruturas de variâncias residuais foram testadas e consideradas por meio de classes contendo 1, 10, 15 e 43 variâncias residuais e de funções de variâncias (FV) usando polinômios ordinários e ortogonais, cujas ordens variaram de quadrática até sêxtupla. Os modelos foram comparados usando o teste da razão de verossimilhança, o Critério de Informação de Akaike e o Critério de Informação Bayesiano de Schwar. Os testes indicaram que, quanto maior a ordem da função de variâncias, melhor o ajuste. Dos polinômios ordinários, a função de sexta ordem foi superior. Os modelos com classes de variâncias residuais foram aparentemente superiores àqueles com funções de variância. O modelo com homogeneidade de variâncias foi inadequado. O modelo com 15 classes heterogêneas foi o que melhor ajustou às variâncias residuais, entretanto, os parâmetros genéticos estimados foram muito próximos para os modelos com 10, 15 ou 43 classes de variâncias ou com FV de sexta ordem.

Caracterização de estruturas planares com substratos Iso/Anisotrópicos truncados através da técnica da ressonância transversa modificada

This work presents a theoretical and numerical analysis using the transverse resonance technique (TRT) and a proposed MTRT applied in the analysis of the dispersive characteristics of microstrip lines built on truncated isotropic and anisotropic dielectric substrates. The TRT uses the transmission lines model in the transversal section of the structure, allowing to analyze its dispersive behavior. The difference between TRT and MTRT consists basically of the resonance direction. While in the TRT the resonance is calculated in the same direction of the metallic strip normal axis, the MTRT considers the resonance in the metallic strip parallel plane. Although the application of the MTRT results in a more complex equivalent circuit, its use allows some added characterization, like longitudinal section electric mode (LSE) and longitudinal section magnetic mode (LSM), microstrips with truncated substrate, or structures with different dielectric regions. A computer program using TRT and MTRT proposed in this work is implemented for the characterization of microstrips on truncated isotropic and anisotropic substrates. In this analysis, propagating and evanescent modes are considered. Thus, it is possible to characterize both the dominant and higher order modes of the structure. Numerical results are presented for the effective permittivity, characteristic impedance and relative phase velocity for microstrip lines with different parameters and dimensions of the dielectric substrate. Agreement with the results obtained in the literature are shown, as well as experimental results. In some cases, the convergence analysis is also performed by considering the limiting conditions, like particular cases of isotropic materials or structures with dielectric of infinite size found in the literature. The numerical convergence of the formulation is also analyzed. Finally, conclusions and suggestions for the continuity of this work are presented

Estudo do acoplamento entre superfícies seletivas de frequência assimétricas em estruturas de multicamadas

This work presents the development of new microwaves structures, filters and high gain antenna, through the cascading of frequency selective surfaces, which uses fractals Dürer and Minkowski patches as elements, addition of an element obtained from the combination of the other two simple the cross dipole and the square spiral. Frequency selective surfaces (FSS) includes a large area of Telecommunications and have been widely used due to its low cost, low weight and ability to integrate with others microwaves circuits. They re especially important in several applications, such as airplane, antennas systems, radomes, rockets, missiles, etc. FSS applications in high frequency ranges have been investigated, as well as applications of cascading structures or multi-layer, and active FSS. In this work, we present results for simulated and measured transmission characteristics of cascaded structures (multilayer), aiming to investigate the behavior of the operation in terms of bandwidth, one of the major problems presented by frequency selective surfaces. Comparisons are made with simulated results, obtained using commercial software such as Ansoft DesignerTM v3 and measured results in the laboratory. Finally, some suggestions are presented for future works on this subject

Bianisotropia uniaxial em estruturas irradiantes com multicamadas e supercondutores

This work presents a theoretical and numerical analysis of parameters of a rectangular microstrip antenna with bianisotropic substrate, and including simultaneously the superconducting patch. The full-wave Transverse Transmission Line - TTL method, is used to characterize these antennas. The bianisotropic substrate is characterized by the permittivity and permeability tensors, and the TTL gives the general equations of the electromagnetic fields of the antennas. The BCS theory and the two fluids model are applied to superconductors in these antennas with bianisotropic for first time. The inclusion of superconducting patch is made using the complex resistive boundary condition. The resonance complex frequency is then obtained. Are simulated some parameters of antennas in order to reduce the physical size, and increase the its bandwidth. The numerical results are presented through of graphs. The theoretical and computational analysis these works are precise and concise. Conclusions and suggestions for future works are presented

Um estudo de estruturas com PBG e fotônica

One of the objectives of this work is the ana1ysis of planar structures using the PBG (photonic Bandgap), a new method of controlling propagation of electromagnetic waves in devices with dielectrics. Here the basic theory of these structures will be presented, as well as applications and determination of certain parameters. In this work the analysis will be performed concerning PBG structures, including the basic theory and applications in planar structures. Considerations are made related to the implementation of devices. Here the TTL (Transverse Transmission Line) method is employed, characterized by the simplicity in the treatment of the equations that govern the propagation of electromagnetic waves in the structure. In this method, the fields in x and z are expressed in function of the fields in the traverse direction y in FTD (Fourier Transform Domain). This method is useful in the determination of the complex propagation constant with application in high frequency and photonics. In this work structures will be approached in micrometric scale operating in frequencies in the range of T erahertz, a first step for operation in the visible spectra. The mathematical basis are approached for the determination of the electromagnetic fields in the structure, based on the method L TT taking into account the dimensions approached in this work. Calculations for the determination of the constant of complex propagation are also carried out. The computational implementation is presented for high frequencies. at the first time the analysis is done with base in open microstrip lines with semiconductor substrate. Finally, considerations are made regarding applications ofthese devices in the area of telecommunications, and suggestions for future

Modelagem de usinas eólicas através de um processo de Markov e técnicas de confiabilidade para a estimativa anual da energia produzida

This study aims to use a computational model that considers the statistical characteristics of the wind and the reliability characteristics of a wind turbine, such as failure rates and repair, representing the wind farm by a Markov process to determine the estimated annual energy generated, and compare it with a real case. This model can also be used in reliability studies, and provides some performance indicators that will help in analyzing the feasibility of setting up a wind farm, once the power curve is known and the availability of wind speed measurements. To validate this model, simulations were done using the database of the wind farm of Macau PETROBRAS. The results were very close to the real, thereby confirming that the model successfully reproduced the behavior of all components involved. Finally, a comparison was made of the results presented by this model, with the result of estimated annual energy considering the modeling of the distribution wind by a statistical distribution of Weibull

Aplicações de Dispositivos de Microondas utilizando Substrato EBG/PBG para Comunicações Móveis

The modern society depends on an efficient communications system able to of transmitting and receiving information with a higher speed and reliability every time. The need for ever more efficient devices raises optimization techniques of microstrip devices, such as techniques to increase bandwidth: thicker substrates and substrate structures with EBG (Electromagnetic Band Gap) and PBG (Photonic Band Gap). This work has how aims the study of the application of PBG materials on substrates of planar structures in microstrip, more precisely in directional quadrature couplers and in rat-race and impedance of transformers. A study of the planar structures in microstrip and substrates EBG is presented. The PBG substrates can be used to optimize the radiation through the air, thus reducing the occurrence of surface waves and the resulting diffraction edge responsible for degradation of radiation pattern. Through specific programs in FORTRAN Power Station obtained the frequencies and couplings for each structure. Are used the program PACMO - Computer Aided Design in Microwave. Results are obtained of the frequency and coupling devices, ranging the frequency band used (cellular communication and Wimax systems) and the permittivity of the substrate, comparing the results of conventional material and PBG materials in the s and p polarizations.

Análise do espalhamento espectral em superfícies de estruturas complexas para comunicações móveis

In this work, the transmission line method is explored on the study of the propagation phenomenon in nonhomogeneous walls with finite thickness. It is evaluated the efficiency and applicability of the method, considering materials like gypsum, wood and brick, found in the composition of the structures of walls in question. The results obtained in this work are compared to those available in the literature, for several particular cases. A good agreement is observed, showing that the performed analysis is accurate and efficient in modeling, for instance, the wave propagation through building walls and integrated circuit layers in mobile communication and radar system applications. Later, simulations of resistive sheets devices such as Salisbury screens and Jaumann absorbers and of transmission lines made of metal-insulator-semiconductor (MIS) are made. Thereafter, it is described a study on frequency surface selective structures (FSS). It is proposed the development of devices and microwave integrated circuits (MIC) of such structures, for the accomplishment of experiments. Finally, future works are suggested, for instance, on the development of reflectarrays, frequency selective surfaces with dissimilar elements, and coupled frequency selective surfaces with elements located on different layers

Aplicação do método LTT às estruturas retangulares e triangulares em multicamadas e empilhadas em substratos PBG para comunicações móveis

Recently the planar antennas have been studied due to their characteristics as well as the advantages that they offers when compared with another types of antennas. In the mobile communications area, the need for this kind of antennas have became each time bigger due to the intense increase of the mobile communications that needs of antennas which operate in multifrequency and wide bandwidth. The microstrip antennas presents narrow bandwidth due the loss in the dielectric generated by radiation. Another limitation is the radiation pattern degradation due the generation of surface waves in the substrate. In this work some used techniques to minimize the disadvantages (previously mentioned) of the use of microstrip antennas are presented, those are: substrates with PBG material - Photonic Bandgap, multilayer antennas and with stacked patches. The developed analysis in this work used the TTL - Transverse Transmission Line method in the domain of Fourier transform, that uses a component of propagation in the y direction (transverse to the direction real of propagation z), treating the general equations of electric and magnetic field as functions of y and y . This work has as objective the application of the TTL method to microstrip structures with single and multilayers of rectangular and triangular patches, to obtaining the resonance frequency and radiation pattern of each structure. This method is applied for the treatment of the fields in stacked structures. The Homogenization theory will be applied to obtaining the effective permittivity for s and p polarizations of the substrate composed of PBG material. Numerical results for the triangular and rectangular antennas with single layer, multilayers resonators with triangular and rectangular patches are presented (in photonic and isotropic substrates). Conclusions and suggestions for continuity of this work are presented

Obtenção dos parâmetros-x de estruturas planares

Due to major progress of communication system in the last decades, need for more precise characterization of used components. The S-parameters modeling has been used to characterization, simulation and test of communication system. However, limitation of S-parameters to model nonlinear system has created new modeling systems that include the nonlinear characteristics. The polyharmonic distortion modeling is a characterizationg technique for nonlinear systems that has been growing up due to praticity and similarity with S-parameters. This work presents analysis the polyharmonic distortion modeling, the test bench development for simulation of planar structure and planar structure characterization with X-parameters

Caracterização de circuitos planares de micro-ondas pelo método iterativo das ondas

The planar circuits are structures that increasingly attracting the attention of researchers, due the good performance and capacity to integrate with other devices, in the prototyping of systems for transmitting and receiving signals in the microwave range. In this context, the study and development of new techniques for analysis of these devices have significantly contributed in the design of structures with excellent performance and high reliability. In this work, the full-wave method based on the concept of electromagnetic waves and the principle of reflection and transmission of waves at an interface, Wave Concept Iterative Procedure (WCIP), or iterative method of waves is described as a tool with high precision study microwave planar circuits. The proposed method is applied to the characterization of planar filters, microstrip antennas and frequency selective surfaces. Prototype devices were built and the experimental results confirmed the proposed mathematical model. The results were also compared with simulated results by Ansoft HFSS, observing a good agreement between them.