Sobre a motivação da sentença no processo civil: Estado constitucional democrático de direito, discurso justificativo e legitimação do exercício da jurisdição

O presente trabalho, plasmado em metodologia jurídica, reflete criticamente sobre o problema da motivação da sentença civil como elemento de organização e de funcionamento do Estado Constitucional Democrático de Direito. A motivação é condição essencial de jurisdicionalidade, no sentido de que sem motivação não há exercício legítimo da função jurisdicional. O trabalho faz uma abordagem da natureza da motivação como discurso justificativo, jurídico e racional, da validade dos critérios de escolha ou de valoração empregados pelo juiz em sua decisão. O raciocínio do juiz é apresentado sob dupla feição: raciocínio decisório interno (contexto de descoberta ou deliberação) e raciocínio justificativo externo (contexto de justificação ou de validação). O conjunto das funções técnico-instrumental (endoprocessual) e político-garantística (extraprocessual) é objeto de investigação. A motivação, nos planos teórico e prático, exerce também a função de garantia do garantismo processual. A tese da inexistência jurídica da sentença tem três eixos teóricos: omissão total da motivação gráfica; falta de motivação ideológica, equiparada à hipótese de ausência de motivação gráfica; incompatibilidade lógica radical entre as premissas ou entre as premissas e a conclusão final, que também equivale à ausência total de motivação. O trabalho retrata um modelo de injustiça atemporal vivificado pelo juiz Crono, oposto à motivação como inestimável fator de legitimação argumentativa da jurisdição. A obrigatoriedade de motivação pública é o traço característico da jurisdição de nossa contemporaneidade e representa a maior conquista civilizatória do processo équo e justo.

Intrinsic motivation and design of ICT for the ageing population

Chapter 11 Intrinsic Motivation and Design of ICT for ... Information and Communication Technology (ICT) systems provide an increasingly promising platform with which to improve the efficiency and effectiveness of healthcare, ...

The Effect of Motivation on Movement: A Study of Bradykinesia in Parkinson's Disease

Background: Bradykinesia is a cardinal feature of Parkinson's disease (PD). Despite its disabling impact, the precise cause of this symptom remains elusive. Recent thinking suggests that bradykinesia may be more than simply a manifestation of motor slowness, and may in part reflect a specific deficit in the operation of motivational vigour in the striatum. In this paper we test the hypothesis that movement time in PD can be modulated by the specific nature of the motivational salience of possible action-outcomes. Methodology/Principal Findings: We developed a novel movement time paradigm involving winnable rewards and avoidable painful electrical stimuli. The faster the subjects performed an action the more likely they were to win money (in appetitive blocks) or to avoid a painful shock (in aversive blocks). We compared PD patients when OFF dopaminergic medication with controls. Our key finding is that PD patients OFF dopaminergic medication move faster to avoid aversive outcomes (painful electric shocks) than to reap rewarding outcomes (winning money) and, unlike controls, do not speed up in the current trial having failed to win money in the previous one. We also demonstrate that sensitivity to distracting stimuli is valence specific. Conclusions/Significance: We suggest this pattern of results can be explained in terms of low dopamine levels in the Parkinsonian state leading to an insensitivity to appetitive outcomes, and thus an inability to modulate movement speed in the face of rewards. By comparison, sensitivity to aversive stimuli is relatively spared. Our findings point to a rarely described property of bradykinesia in PD, namely its selective regulation by everyday outcomes. © 2012 Shiner et al.

A systematic approach to standard addition methods in instrumental analysis

Nine cases of standard addition methods in instrumental analysis, including linear instruments, a non-linear response, the electrochemical Nernst equation, and radiochemical techniques.

Studies of instrumental spreading in gel permeation chromatography by coupling with a two-angle laser light scattering detector

The instrumental spreading of a high temperature gel permeation chromatograph (GPC) was evaluated by coupling with a two-angle laser light scattering (TALLS) detector, using narrow polystyrene, polyethylene, and syndiotactic polypropylene samples. The determined spreading factor increased with increasing molecular weight of polymers, and no maximum for spreading 174 tor was observed in the studied retention volume, while the spreading factors for single low molecular weight alkanes are independent of their molecular weight. Neglecting of the spreading effect for GPC would not introduce much error in molecular weight calculation when high quality high performance columns were used, especially when equipped with a laser light scattering detector. The scaling relationship between radius of gyration and molecular weight of polymer, determined by GPC with a TALLS detector, was independent of the instrumental spreading.

The Advanced Students’ Motivation for Explicit Learning of Grammar

The role of the explicit teaching and learning of grammar in the process of foreign language teaching is a very controversial issue. Language teachers and language teaching methodologists differ in their opinions as to whether grammar should be taught at all and, if so, what is the best way of presenting it. In order to find out students’ opinions on the usefulness of the explicit teaching and learning of grammar a questionnaire was given to fifty-one English majors studying in the Institute of English at Adam Mickiewicz University in Poznań. The results of the questionnaire reveal a very positive attitude on the part of the students towards the explicit learning of grammar. The deductive way of learning seems to be favoured by the majority of the respondents, who also unanimously point to translation as a very effective form of grammar exercise.

Integrative motivation and global language (English) acquisition in Poland

This study investigated the consistency of a measure of integrative motivation in the prediction of achievement in English as a foreign language in 18 samples of Polish school students. The results are shown to have implications for concerns expressed that integrative motivation might not be appropriate to the acquisition of English because it is a global language and moreover that other factors such as the gender of the student or the environment of the class might also influence its predictability. Results of a hierarchical linear modeling analysis indicated that for the older samples, integrative motivation was a consistent predictor of grades in English, unaffected by either the gender of the student or class environment acting as covariates. Comparable results were obtained for the younger samples except that student gender also contributed to the prediction of grades in English. Examination of the correlations of the elements of the integrative motivation score with English grades demonstrated that the aggregate score is the more consistent correlate from sample to sample than the elements themselves. Such results lead to the hypothesis that integrative motivation is a multi-dimensional construct and different aspects of the motivational complex come into play for each individual. That is, two individuals can hold the same level of integrative motivation and thus attain the same level of achievement but one might be higher in some elements and lower in others than another individual, resulting in consistent correlations of the aggregate but less so for the elements.

Factors relating to motivation to change behaviour in individuals who are overweight: application of the health belief model

Background: Obesity is the most important health challenge faced at a global level and represents a rapidly growing problem to the health of populations. Given the escalating global health problem of obesity and its co-morbidities, the need to re-appraise its management is more compelling than ever. The normalisation of obesity within our society and the acceptance of higher body weights have led to individuals being unaware of the reality of their weight status and gravity of this situation. Recognition of the problem is a key component of obesity management and it remains especially crucial to address this issue. A large amount of research has been undertaken on obesity however, limited research has been undertaken using the Health Belief Model. Aim: The aim of the research was to determine factors relating to motivation to change behaviour in individuals who perceive themselves to be overweight and investigate whether the constructs of the Health Belief Model help to explain motivation to change behaviour. Method: The research design was quantitative, correlational and cross-sectional. The design was guided by the Health Belief Model. Data Collection: Data were collected online using a multi-section and multi-item questionnaire, developed from a review of the theoretical and empirical research. Descriptive and inferential statistical analyses were employed to describe relationships between variables. Sample: A sample of 202 men and women who perceived themselves to be overweight participated in the research. Results: Following multivariate regression analysis, perceived barriers to weight loss and perceived benefits of weight loss were significant predictors of motivation to change behaviour. The perceived barriers to weight loss which were significant were psychological barriers to weight loss (p =<0.019) and environmental barriers to physical activity (p=<0.032).The greatest predictor of motivation to change behaviour was the perceived benefits of weight loss (p<0.001). Perceived susceptibility to obesity and perceived severity of obesity did not emerge as significant predictors in this model. Total variance explained by the model was 33.5%. Conclusion: Perceived barriers to weight loss and perceived benefits of weight loss are important determinants of motivation to change behaviour. The current study demonstrated the limited applicability of the Health Belief Model constructs to motivation to change behaviour, as not all core dimensions proved significant predictors of the dependant variable.

Who pays and who plays? Mapping the discourse of publicly funded instrumental music education in Ireland

Instrumental music education is provided as an extra-curricular activity on a fee-paying basis by a small number of Education and Training Boards, formerly Vocational Education Committees (ETB/VECs) through specialist instrumental Music Services. Although all citizens’ taxes fund the public music provision, participation in instrumental music during school-going years is predominantly accessed by middle class families. A series of semistructured interviews sought to access the perceptions and beliefs of instrumental music education practitioners (N=14) in seven publicly-funded music services in Ireland. Canonical dispositions were interrogated and emergent themes were coded and analysed in a process of Grounded theory. The study draws on Foucault’s conception of discourse as a lens with which to map professional practices, and utilises Bourdieu’s analysis of the reproduction of social advantage to examine cultural assumptions, which may serve to privilege middle-class cultural choice to the exclusion of other social groups. Study findings show that within the Music Services, aesthetic and pedagogic discourses of the 19th century Conservatory system exert a hegemonic influence over policy and practice. An enduring ‘examination culture’ located within the Western art music tradition determines pedagogy, musical genre, and assessment procedures. Ideologies of musical taste and value reinforce the more tangible boundaries of fee-payment and restricted availability as barriers to access. Practitioners are aware of a status duality whereby instrumental teachers working as visiting specialists in primary schools experience a conflict between specialist and generalist educational aims. Nevertheless, study participants consistently advocated siting the point of access to instrumental music education in the primary schools as the most equitable means of access to instrumental music education. This study addresses a ‘knowledge gap’ in the sociology of music education in Ireland. It provides a framework for rethinking instrumental music education as equitable in-school musical participation. The conclusions of the study suggest starting-points for further educational research and may provide key ‘prompts’ for curriculum planning.

Desarrollo instrumental y medición de la resistencia a la rotura de costras de suelo

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Desarrollo del pensamiento covariacional en un ambiente gráfico dinámico. Hacia una génesis instrumental

La tecnología puede resultar un recurso didáctico para que los estudiantes examinen situaciones y problemas desde diversos ángulos, específicamente, el uso de software dinámico ofrece un medio útil para que ellos visualicen, exploren y construyan relaciones matemáticas. Estos apoyos modifican tan fuertemente el medio ambiente de trabajo que no basta con adaptar situaciones matemáticas clásicas, hay que concebir nuevas situaciones que tomen en consideración las potencialidades y las restricciones de la tecnología. Esto ha llevado a la creación de una génesis instrumental que estudia la construcción hecha por el estudiante cuando interactúa con un artefacto, convirtiéndolo en instrumento, a través de un proceso, de manera tal que se lo apropia y lo hace parte de su actividad matemática, actividad que en esta investigación está relacionada con el desarrollo del pensamiento covariacional.

Could benzalkonium chloride be a suitable alternative to mercuric chloride for preservation of seawater samples?

Instrumental equipment unsuitable or unavailable for fieldwork as well as lack of ship space can necessitate the preservation of seawater samples prior to analysis in a shore-based laboratory. Mercuric chloride (HgCl2/ is routinely used for such preservation, but its handling and subsequent disposal incur environmental risks and significant expense. There is therefore a strong motivation to find less hazardous alternatives. Benzalkonium chloride (BAC) has been used previously as microbial inhibitor for freshwater samples. Here, we assess the use of BAC for marine samples prior to the measurement of oxygen-to-argon (O2 = Ar) ratios, as used for the determination of biological net community production. BAC at a concentration of 50 mg dm-3 inhibited microbial activity for at least 3 days in samples tested with chlorophyll a (Chl a) concentrations up to 1 mgm-3. BAC concentrations of 100 and 200 mg dm

Haptic Sensation and Instrumental Transgression

Anyone who has ever played a musical instrument will certify the development of a particular type of relationship between the instrument and the performer. This relationship goes beyond a convenient coupling that is optimized for sound production. Every musical instrument defines ways in which to be touched, felt, activated. Music performance is dependent on bodily involvement that goes beyond the auditory and the sense of hearing. This article investigates the role of haptic sensation in the context of the performer-instrument relationship and draws on the writings of Georges Bataille to illuminate a discussion of the erotic in performance.