Pacto de não concorrência e o contrato de emprego no Direito brasileiro

A presente dissertação busca analisar os aspectos subjacentes à celebração do pacto de não concorrência após o término da relação de emprego no âmbito do ordenamento jurídico brasileiro. O estudo implica a necessidade de verificação dos limites da autonomia da vontade das partes contratantes na relação de emprego, objetivando demonstrar que a pactuação da não concorrência não atenta contra os princípios protetivos do Direito do Trabalho. Da mesma forma, faz-se necessária a análise do conceito de concorrência e suas repercussões na relação empregatícia, de maneira a determinar quais empregados podem ser sujeitos da cláusula de não concorrência. A investigação feita pela dissertação também abarca o conflito entre a liberdade de trabalho e a livre iniciativa e concorrência, direitos constitucionalmente garantidos, razão pela qual faz necessária uma composição que observe a proporcionalidade dos direitos cuja proteção é almejada. Com essa abordagem, acrescida da consulta a alguns textos legislativos estrangeiros e às tentativas legislativas feitas no Brasil acerca do tema, pretende-se perquirir sobre a legalidade e legitimidade da celebração do pacto de não concorrência no Brasil. Por fim, o objetivo desta dissertação consiste em apontar quais são os requisitos validade da cláusula de não concorrência, considerando-se a inexistência de legislação regulamentando a matéria.

A Fully Integrated 900-MHz Passive RFID Transponder Front End With Novel Zero-Threshold RF-DC Rectifier

This paper presents a fully integrated CMOS analog front end for a passive 900-MHz radio-frequency identification (RFID) transponder. The power supply in this front end is generated from the received RF electromagnetic energy by using an RF-dc voltage rectifier. In order to improve the compatibility with standard CMOS technology, Schottky diodes in conventional RF-dc rectifiers are replaced by diode-connected MOS transistors with zero threshold. Meanwhile, theoretical analyses for the proposed rectifier are provided and verified by both simulation and measurement results. The design considerations of the pulsewidth-modulation (PWM) demodulator and the backscatter modulator in the front end are also discussed for low-power applications. The proposed front end is implemented in a 0.35-mu m 2P4M CMOS technology. The whole chip occupies a die area of 490 x 780 mu m(2) and consumes only 2.1 mu W in reading mode under a self-generated 1.5-V supply voltage. The measurement results show that the proposed rectifier can properly operate with a - 14.7-dBm input RF power at a power conversion efficiency of 13.0%. In the proposed RFID applications, this sensitivity corresponds to 10.88-m communication distance at 4-W equivalent isotropically radiated power from a reader base station.

Complying with the NIH Public Access Policy - Copyright Considerations and Options

On January 11, 2008, the National Institutes of Health ('NIH') adopted a revised Public Access Policy for peer-reviewed journal articles reporting research supported in whole or in part by NIH funds. Under the revised policy, the grantee shall ensure that a copy of the author's final manuscript, including any revisions made during the peer review process, be electronically submitted to the National Library of Medicine's PubMed Central ('PMC') archive and that the person submitting the manuscript will designate a time not later than 12 months after publication at which NIH may make the full text of the manuscript publicly accessible in PMC. NIH adopted this policy to implement a new statutory requirement under which: The Director of the National Institutes of Health shall require that all investigators funded by the NIH submit or have submitted for them to the National Library of Medicine's PubMed Central an electronic version of their final, peer-reviewed manuscripts upon acceptance for publication to be made publicly available no later than 12 months after the official date of publication: Provided, That the NIH shall implement the public access policy in a manner consistent with copyright law. This White Paper is written primarily for policymaking staff in universities and other institutional recipients of NIH support responsible for ensuring compliance with the Public Access Policy. The January 11, 2008, Public Access Policy imposes two new compliance mandates. First, the grantee must ensure proper manuscript submission. The version of the article to be submitted is the final version over which the author has control, which must include all revisions made after peer review. The statutory command directs that the manuscript be submitted to PMC 'upon acceptance for publication.' That is, the author's final manuscript should be submitted to PMC at the same time that it is sent to the publisher for final formatting and copy editing. Proper submission is a two-stage process. The electronic manuscript must first be submitted through a process that requires input of additional information concerning the article, the author(s), and the nature of NIH support for the research reported. NIH then formats the manuscript into a uniform, XML-based format used for PMC versions of articles. In the second stage of the submission process, NIH sends a notice to the Principal Investigator requesting that the PMC-formatted version be reviewed and approved. Only after such approval has grantee's manuscript submission obligation been satisfied. Second, the grantee also has a distinct obligation to grant NIH copyright permission to make the manuscript publicly accessible through PMC not later than 12 months after the date of publication. This obligation is connected to manuscript submission because the author, or the person submitting the manuscript on the author's behalf, must have the necessary rights under copyright at the time of submission to give NIH the copyright permission it requires. This White Paper explains and analyzes only the scope of the grantee's copyright-related obligations under the revised Public Access Policy and suggests six options for compliance with that aspect of the grantee's obligation. Time is of the essence for NIH grantees. As a practical matter, the grantee should have a compliance process in place no later than April 7, 2008. More specifically, the new Public Access Policy applies to any article accepted for publication on or after April 7, 2008 if the article arose under (1) an NIH Grant or Cooperative Agreement active in Fiscal Year 2008, (2) direct funding from an NIH Contract signed after April 7, 2008, (3) direct funding from the NIH Intramural Program, or (4) from an NIH employee. In addition, effective May 25, 2008, anyone submitting an application, proposal or progress report to the NIH must include the PMC reference number when citing articles arising from their NIH funded research. (This includes applications submitted to the NIH for the May 25, 2008 and subsequent due dates.) Conceptually, the compliance challenge that the Public Access Policy poses for grantees is easily described. The grantee must depend to some extent upon the author(s) to take the necessary actions to ensure that the grantee is in compliance with the Public Access Policy because the electronic manuscripts and the copyrights in those manuscripts are initially under the control of the author(s). As a result, any compliance option will require an explicit understanding between the author(s) and the grantee about how the manuscript and the copyright in the manuscript are managed. It is useful to conceptually keep separate the grantee's manuscript submission obligation from its copyright permission obligation because the compliance personnel concerned with manuscript management may differ from those responsible for overseeing the author's copyright management. With respect to copyright management, the grantee has the following six options: (1) rely on authors to manage copyright but also to request or to require that these authors take responsibility for amending publication agreements that call for transfer of too many rights to enable the author to grant NIH permission to make the manuscript publicly accessible ('the Public Access License'); (2) take a more active role in assisting authors in negotiating the scope of any copyright transfer to a publisher by (a) providing advice to authors concerning their negotiations or (b) by acting as the author's agent in such negotiations; (3) enter into a side agreement with NIH-funded authors that grants a non-exclusive copyright license to the grantee sufficient to grant NIH the Public Access License; (4) enter into a side agreement with NIH-funded authors that grants a non-exclusive copyright license to the grantee sufficient to grant NIH the Public Access License and also grants a license to the grantee to make certain uses of the article, including posting a copy in the grantee's publicly accessible digital archive or repository and authorizing the article to be used in connection with teaching by university faculty; (5) negotiate a more systematic and comprehensive agreement with the biomedical publishers to ensure either that the publisher has a binding obligation to submit the manuscript and to grant NIH permission to make the manuscript publicly accessible or that the author retains sufficient rights to do so; or (6) instruct NIH-funded authors to submit manuscripts only to journals with binding deposit agreements with NIH or to journals whose copyright agreements permit authors to retain sufficient rights to authorize NIH to make manuscripts publicly accessible.

The analytical approach of the European Court of Human Rights in surveillance cases—the implications, justifications, and future of the Court’s reasoning, with a focus on the legislative impact in Ireland

A notable feature of the surveillance case law of the European Court of Human Rights has been the tendency of the Court to focus on the “in accordance with the law” aspect of the Article 8 ECHR inquiry. This focus has been the subject of some criticism, but the impact of this approach on the manner in which domestic surveillance legislation has been formulated in the Party States has received little scholarly attention. This thesis addresses that gap in the literature through its consideration of the Interception of Postal Packets and Telecommunications Messages (Regulation) Act, 1993 and the Criminal Justice (Surveillance) Act, 2009. While both Acts provide several of the safeguards endorsed by the European Court of Human Rights, this thesis finds that they suffer from a number of crucial weaknesses that undermine the protection of privacy. This thesis demonstrates how the focus of the European Court of Human Rights on the “in accordance with the law” test has resulted in some positive legislative change. Notwithstanding this fact, it is maintained that the legality approach has gained prominence at the expense of a full consideration of the “necessary in a democratic society” inquiry. This has resulted in superficial legislative responses at the domestic level, including from the Irish government. Notably, through the examination of a number of more recent cases, this project discerns a significant alteration in the interpretive approach adopted by the European Court of Human Rights regarding the application of the necessity test. The implications of this development are considered and the outlook for Irish surveillance legislation is assessed.

The accountability of transnational armed groups under international law

Terrorist attacks by transnational armed groups cause on average 15,000 deaths every year worldwide, with the law enforcement agencies of some states facing many challenges in bringing those responsible to justice. Despite various attempts to codify the law on transnational terrorism since the 1930s, a crime of transnational terrorism under International Law remains contested, reflecting concerns regarding the relative importance of prosecuting members of transnational armed groups before the International Criminal Court. However, a study of the emerging jurisprudence of the International Criminal Court suggests that terrorist attacks cannot be classified as a war crime or a crime against humanity. Therefore, using organisational network theory, this thesis will probe the limits of international criminal law in bringing members of transnational armed groups to justice in the context of changing methods of warfare. Determining the organisational structure of transnational armed groups, provides a powerful analytical framework for examining the challenges in holding members of transnational armed groups accountable before the International Criminal Court, in the context of the relationship between the commanders and the subordinate members of the group.

Courts and Consociations: Human Rights versus Power-sharing

Consociations are power-sharing arrangements, increasingly used to manage ethno-nationalist, ethno-linguistic, and ethno-religious conflicts. Current examples include Belgium, Bosnia, Northern Ireland, Burundi, and Iraq. Despite their growing popularity, they have begun to be challenged before human rights courts as being incompatible with human rights norms, particularly equality and non-discrimination.

Courts and Consociations examines the use of power-sharing agreements, their legitimacy, and their compatibility with human rights law. Key questions include to what extent, if any, consociations conflict with the liberal individualist preferences of international human rights institutions, and to what extent consociational power-sharing may be justified to preserve peace and the integrity of political settlements.

In three critical cases, the European Court of Human Rights has considered equality challenges to important consociational practices, twice in Belgium and then in Sejdic and Finci v Bosnia regarding the constitution established for Bosnia Herzegovina under the Dayton Agreement. The Court's decision in Sejdic and Finci has significantly altered the approach it previously took to judicial review of consociational arrangements in Belgium. This book accounts for this change and assess its implications. The problematic aspects of the current state of law are demonstrated. Future negotiators in places riven by potential or actual bloody ethnic conflicts may now have less flexibility in reaching a workable settlement, which may unintentionally contribute to sustaining such conflicts and make it more likely that negotiators will consider excluding regional and international courts from reviewing these political settlements.

Courts and Consociations:How human rights courts may destabilize power-sharing settlements

We consider the use of consociational arrangements to manage ethno-nationalist, ethno-linguistic, and ethno-religious conflicts, and their compatibility with non-discrimination and equality norms. Key questions include to what extent, if any, consociations conflict with the dictates of global justice and the liberal individualist preferences of international human rights institutions, and to what extent consociational power-sharing may be justified to preserve peace and the integrity of political settlements. In three critical cases, the European Court of Human Rights has considered equality challenges to important consociational practices, twice in Belgium and, most recently, in Sejdic and Finci, concerning the constitutional arrangements established for Bosnia Herzegovina under the Dayton Agreement. The Court’s recent decision in Sejdic and Finci has significantly altered the approach it previously took to judicial review of consociational arrangements in the Belgian cases. We seek to account for this change and assess its implications. We identify problematic aspects of the judgment and conclude that, although the Court’s decision indicates one possible trajectory of human rights courts’ reactions to consociations, this would be an unfortunate development because it leaves future negotiators in places riven by potential or manifest bloody ethnic conflicts with considerably less flexibility in reaching a settlement. That in turn may unintentionally contribute to sustaining such conflicts and make it more likely that advisors to negotiators will advise them to exclude regional and international courts from having standing in the management of political settlements.

Physical properties of a new Deep Eutectic Solvent based on lithium bis[(trifluoromethyl)sulfonyl]imide and N-methylacetamide as superionic suitable electrolyte for lithium ion batteries and electric double layer capacitors

Herein we present a study on the physical/chemical properties of a new Deep Eutectic Solvent (DES) based on N-methylacetamide (MAc) and lithium bis[(trifluoromethyl)sulfonyl]imide (LiTFSI). Due to its interesting properties, such as wide liquid-phase range from -60°C to 280°C, low vapor pressure, and high ionic conductivity up to 28.4mScm at 150°C and at x=1/4, this solution can be practically used as electrolyte for electrochemical storage systems such as electric double-layer capacitors (EDLCs) and/or lithium ion batteries (LiBs). Firstly, relationships between its transport properties (conductivity and viscosity) as a function of composition and temperature were discussed through Arrhenius' Law and Vogel-Tamman-Fulcher (VTF) equations, as well as by using the Walden classification. From this investigation, it appears that this complex electrolyte possesses a number of excellent transport properties, like a superionic character for example. Based on which, we then evaluated its electrochemical performances as electrolyte for EDLCs and LiBs applications by using activated carbon (AC) and lithium iron phosphate (LiFePO) electrodes, respectively. These results demonstrate that this electrolyte has a good compatibility with both electrodes (AC and LiFePO) in each testing cell driven also by excellent electrochemical properties in specific capacitance, rate and cycling performances, indicating that the LiTFSI/MAc DES can be a promising electrolyte for EDLCs and LiBs applications especially for those requiring high safety and stability. © 2013 Elsevier Ltd.

Playing free: an ethnography of Brazilian free improvisers

In this article I investigate the practice of free music improvisation in Brazil. The reflections and findings presented here are derived from research conducted as part of a four months Higher Education Academy (HEA, UK) Fellowship, carried out between February and June 2014. The aim was to enquire whether or how the practice of free improvisation is taught in the Brazilian higher education system.
As part of this ethnographic study visits to the following universities were scheduled:
The Federal University of Rio de Janeiro - UFRJ
The Universidade Federal do Estado do Rio de Janeiro (UNIRIO)
The University of São Paulo - USP
The Federal University of Minas Gerais – UFMG
The Federal University of Bahia – UFBA.
The Federal University of Rio Grande do Norte in Natal (UFRN) and
The ELM, the Escola Livre de Música in Unicamp.

I discuss here some general background thinking to the research process, specifically recalling the work of French composer and educator Alain Savouret. I proceed to examine the improvisational spirit, the improvisatory worldmaking approach (the ‘jeitinho brasileiro’) that is often considered to be integral to the Brazilian way of life. In the final part of the article I discuss applied ethnographic methodologies, including the design of questions that were used for over 50 video interviews with Brazilian musicians during the research. I conclude with a final reflection on the video interviews with a specific focus on whether free improvisation can be taught, and the importance of listening in the context of free improvisation practices.

Investigations into the Control of Biofilm Damage with Relevance to Built Heritage (BIODAM)

This publication describes the results of a 3 year EC-funded R&D project (BIODAM) which investigated the effects of biological colonisation on heritage surfaces and evaluated of novel, low toxicity treatments for their ability to control of biofilms and for their compatibility with conservation products.

Currículo no ensino fundamental de nove anos: uma análise das possíveis mudanças curriculares nas séries iniciais da rede estadual de ensino de Santa Catarina - Brasil

Diante da medida política, de cunho educativo, de ampliação do Ensino Fundamental brasileiro de oito para nove anos de escolaridade obrigatória, esta investigação propôs-se analisar os reflexos desta deliberação na proposta curricular oficialmente prescrita. A questão da qual se ocupou este estudo, é portanto: Quais as mudanças de natureza curricular, nas Séries Iniciais da Rede Estadual de Ensino de Santa Catarina, decorrentes das alterações estabelecidas pela Lei n. 11.274? Este estudo caracteriza-se por uma pesquisa documental, de abordagem histórica e qualitativa, cujo método de investigação é a técnica de análise de conteúdo. A análise dos Documentos Preliminares de Seleção e Organização Curricular para as Séries Iniciais do Ensino Fundamental de Nove Anos, permitiu-nos inferir que não houve mudanças significativas na organização curricular quando comparada com a Proposta Curricular de Santa Catarina elaborada anteriormente; ### ABSTRACT: NINE YEARS ELEMENTARY EDUCATION CURRICULUM: An analysis of the possible curriculum changes in the Elementary School first grades in Santa Catarina State – Brazil This investigation purposes to examine the policy measure, in a educative way, of the brazilian Elementary Education extension, from eight to nine required years, as also this decision´s consequences in the officially prescribed curriculum proposal. The question which this study has engaged is, therefor: what are the results of the first grade of elementary school curricular changes in Santa Catarina, according with the law n. 11.274? This study describes a documentary research, with a historical and qualitative approach, which investigation method is a content analysis technique. The analysis of the Curricular Preliminary Selection and Organization Documents to the Nine Years Elementary Education allowed us to conclude that no meaning changes have occurred in the curricular organizaton, when compared with the previous proposal.

Atmospheres of law: senses, affects, lawscapes

In this article, I deal with airs and sounds and scents, while keeping an eye on the law. My field of enquiry is the interstitial area between sensory and affective occurrences, namely sensory experiences that are traditionally thought to be a causal result of external stimuli, and affective experiences that are mostly associated with emotional changes and generally allude to something internal. I am arguing that there is no constructive difference between internal and external origin of occurrences. In its stead, I suggest the concept of atmosphere, namely an attempt at understanding affective occurrences as excessive, collective, spatial and elemental. However, it quickly becomes apparent that an atmosphere is legally determined. The law controls affective occurrences by regulating property of sensory stimulation. At the same time, the law guides bodies into corridors of sensory compulsion – an aspect of which is consumerism in capitalist societies. The law achieves this by allowing certain sensory options to come forth while suppressing others, something which is particularly obvious in cases of intellectual property protection that capture the sensorial. I deal with the law in its material, spatial manifestation and in particular through what I have called the ‘lawscape’, namely the fusion of space and normativity. I employ a broadly Deleuzian methodology with insights from radical geography, affective studies, and urban and critical legal theory in order to develop and link the various parts of the text.

A participação da sociedade civil no processo de elaboração das leis federais brasileiras

The public consultation is a methodology for the interaction between the bodies responsible for drafting the law and the parties likely to be affected or to be interested in normative acts in question. This work seeks to encourage the use of public consultation in the process of elaboration of the Brazilian law. Therefore, some aspect of the knowledge area called Science of Legislation, with attention to the concept of “quality of the law” and to of the public consultation tool are addressed. We present the advantages of preparing public consultation mainly in the case of proposals that impose costs or benefits relevant to the economic agents involved in or promoting major change in the distribution of resources in society. Finally, it discusses the Brazilian legislative procedure and what the Brazilian law requires from legislative projects forwarded to the National Congress, as well as build a synthesis of the tools and the exiting possibilities of participation in the Brazilian context of elaboration of norms.

"A reserva ecológica nacional e a sua importância para o ordenamento do território"

This work primarily aims to investigate the ambiguity between the right to build and the need to preserve nature through one of its instruments: the National Ecological Reserve. In both national and international political effort, forced by increasing ecological awareness of the society were being created regulations for environmental problemsolving frameworks. This significant increase in provisions, that regulated the environment and spatial territory, are directly related to the objectives of the European community. In a year when the soil policy has changed, it is important to review the priorities of regional planning in the face of environmental policies. REN is a restriction of public utility that, among other things, aims to define and integrate diverse areas of our territory which by their structure are essential to the ecological stability of the environment. Going through a historical study of the various regimes that regulated REN, the present work aims to inform the understanding of the concept REN, exposing its objectives and form of delimitation of integrated areas, in order to answer questions about the nature of this institute. It were related to all regulations governing the ecological reserves and land, namely Scheme for Conservation of Nature and Biodiversity; Natura 2000, the National Agricultural Reserve, the Law of the ownership of water resources and water, and the RJIGT RJUE, checking to its compatibility with REN. Through a literature review regarding the jurisprudence of national courts applying the doctrine, analysis of legal regimes, analysis of maps depicting the REN, we carried out a qualitative assessment of the trend and legal effect of REN in protecting populations and environment. Therefore we will work with this reflect on the existing environment awareness in our society and its problems in the management of natural resources.

The Pursuit of Efficient Copyright Licensing : How Some Rights Reserved Attempts to Solve the Problems of All Rights Reserved

This dissertation analyses the growing pool of copyrighted works, which are offered to the public using Creative Commons licensing. The study consist of analysis of the novel licensing system, the licensors, and the changes of the "all rights reserved" —paradigm of copyright law. Copyright law reserves all rights to the creator until seventy years have passed since her demise. Many claim that this endangers communal interests. Quite often the creators are willing to release some rights. This, however, is very difficult to do and needs help of specialized lawyers. The study finds that the innovative Creative Commons licensing scheme is well suited for low value - high volume licensing. It helps to reduce transaction costs on several le¬vels. However, CC licensing is not a "silver bullet". Privacy, moral rights, the problems of license interpretation and license compatibility with other open licenses and collecting societies remain unsolved. The study consists of seven chapters. The first chapter introduces the research topic and research questions. The second and third chapters inspect the Creative Commons licensing scheme's technical, economic and legal aspects. The fourth and fifth chapters examine the incentives of the licensors who use open licenses and describe certain open business models. The sixth chapter studies the role of collecting societies and whether two institutions, Creative Commons and collecting societies can coexist. The final chapter summarizes the findings. The dissertation contributes to the existing literature in several ways. There is a wide range of prior research on open source licensing. However, there is an urgent need for an extensive study of the Creative Commons licensing and its actual and potential impact on the creative ecosystem.