Ativismo judicial no Sistema Tributário Nacional: interpretação do aspecto material das regras de competência

O presente trabalho tem por objetivo analisar o controle judicial sobre as leis de incidência tributária, criticando a postura ativista e prestigiando a interpretação da Constituição pelo Legislativo. Ao longo da história da jurisdição constitucional brasileira, diversos fatores contribuíram para o fortalecimento do Judiciário em relação aos demais poderes: o constitucionalismo, com o reconhecimento da força normativa da Constituição, a doutrina da tipicidade fechada em Direito Tributário, a natureza de regra definitiva das normas de repartição de competência tributária, a vagueza da linguagem constitucional, entre outros. Como consequência, é comum que o Supremo Tribunal Federal declare a inconstitucionalidade de leis com base em concepções formadas jurisprudencialmente, como se o Sistema Tributário Nacional estivesse completamente encerrado na Constituição, e não fosse também construído pela lei. Serão apresentadas algumas alternativas para essa postura, tais como: a teoria dos diálogos constitucionais, a autocontenção judicial, a adoção de pluralidade metodológica no lugar de critérios apriorísticos de interpretação, a adoção de conceitos constitucionais dotados de núcleos semânticos rodeados de outros possíveis conteúdos marginais, e o reconhecimento do papel criativo e decisório da discricionariedade legislativa na interpretação das normas constitucionais de competência.

Staged Competence Learning in Developmental Robotics

M.H. Lee, Q. Meng and F. Chao, 'Staged Competence Learning in Developmental Robotics', Adaptive Behavior, 15(3), pp 241-255, 2007. the full text will be available in September 2008

Jurisdiction and the Internet: Regulatory Competence over Online Activity

null RAE2008

Legislative policy, law and competitiveness: a mysterious and difficult relationship in the EU

The Lisbon Agenda places Europe in a uniquely difficult position globally, most particularly as an example of a social and regulatory experiment which many consider to be doomed to failure. The drive towards economic competitiveness has led to a focus on regulation and its effect on entrepreneurship, productivity and business growth but assessing this relationship is complex for a number of reasons. First, not all regulatory effects can be predicted precisely in relation to behavioural outcomes. Path-dependency scholars have also demonstrated that the regulation will have varying effects depending on context. Second, theoretically it is clear that many non-regulatory factors may contribute to economic and competitive success. Third, there is evidence of internal conflict within the Commission as to the relative importance of the Lisbon goals. Finally, the experience of distinct Member States presents challenges both for assessment and prescriptive remedies. The Commission has estimated that the cost of regulatory compliance obligations on businesses in the EU is between 4% and 6% of gross domestic product and that 15% of this figure is avoidable 'red tape' (the term used specifically to signify unnecessary compliance burdens). This article proposes to assess the likely outcomes of de-regulation as we rapidly approach 2010, the year for attainment of the Lisbon goals.

The differences in the social competence of children who attend integrated junior infant classes and children who attend segregated learning environments

There are a number of reasons why this researcher has decided to undertake this study into the differences in the social competence of children who attend integrated Junior Infant classes and children who attend segregated learning environments. Theses reasons are both personal and professional. My personal reasons stem from having grown up in a family which included both an aunt who presented with Down Syndrome and an uncle who presented with hearing impairment. Both of these relatives' experiences in our education system are interesting. My aunt was considered ineducable while her brother - my uncle - was sent to Dublin (from Cork) at six years of age to be educated by a religious order. My professional reasons, on the other hand, stemmed from my teaching experience. Having taught in both special and integrated classrooms it became evident to me that there was somewhat 'suspicion' attached to integration. Parents of children without disabilities questioned whether this process would have a negative impact on their children's education. While parents of children with disabilities debated whether integrated settings met the specific needs of their children. On the other hand, I always questioned whether integration and inclusiveness meant the same thing. My research has enabled me to find many answers. Increasingly, children with special educational needs (SEN) are attending a variety of integrated and inclusive childcare and education settings. This contemporary practice of educating children who present with disabilities in mainstream classrooms has stimulated vast interest on the impact of such practices on children with identified disabilities. Indeed, children who present with disabilities "fare far better in mainstream education than in special schools" (Buckley, cited in Siggins, 2001,p.25). However, educators and practitioners in the field of early years education and care are concerned with meeting the needs of all children in their learning environments, while also upholding high academic standards (Putman, 1993). Fundamentally, therefore, integrated education must also produce questions about the impact of this practice on children without identified special educational needs. While these questions can be addressed from the various areas of child development (i.e. cognitive, physical, linguistic, emotional, moral, spiritual and creative), this research focused on the social domain. It investigates the development of social competence in junior infant class children without identified disabilities as they experience different educational settings.