A distribuição de riscos em concessões florestais: uma análise econômico-jurídica dos riscos recorrentes do inventário florestal amostral

A Lei 11.284/2006 é um importante marco legal da atividade de gestão florestal do Brasil. O manejo florestal sustentável de florestas públicas, até então exercido exclusivamente pelo Estado, passou a ser passível de concessão com o advento dessa Lei. A chamada “concessão florestal” se insere, portanto, na nova orientação político-econômica brasileira de “desestatização”, privilegiando o princípio da eficiência. Como resultado, a atividade de exploração sustentável de produtos florestais passa a ser transferida pelo Estado, por intermédio do Serviço Florestal Brasileiro, à iniciativa privada. Para o sucesso de uma concessão florestal, os licitantes interessados precisam de uma estimativa da capacidade produtiva da “Unidade de Manejo Florestal”. O estudo disponibilizado pelo Serviço Florestal Brasileiro para fazer essa estimativa é o inventário florestal que, resumidamente, tem a importante missão de antecipar às características vegetais de área que será objeto da concessão. E os resultados desse estudo são a principal fonte de informação para que o licitante calcule o valor que irá ofertar ao Poder Concedente. Ocorre que, por questões técnico-metodológicas que fogem ao conhecimento jurídico, os estudos de inventário florestal estão sujeitos a erros de grande escala, retratando, de maneira ilusória, a realidade da vegetação que compõe área que será concedida. Isto é um risco intrínseco à atividade de exploração sustentável de produtos florestais. Diante desse contexto, caberia ao Serviço Florestal Brasileiro administrar o risco do inventário florestal da maneira mais eficiente possível. Entretanto, não é isso que vem ocorrendo nos contratos de concessão florestal. Sobre a distribuição de riscos em contratos de concessão, a doutrina especializada no tema oferece critérios que, quando seguidos, possibilitam uma alocação dos riscos peculiares a cada atividade à parte que melhor tem condições de geri-los. Esses critérios aumentam a eficiência da concessão. Contudo, os contratos de concessão florestal até hoje celebrados não vêm considerando esses importantes critérios para uma eficiente distribuição de riscos. Como consequência, o risco do inventário florestal é, igualmente a outros inúmeros riscos, negligenciado por esses contratos, aumentando-se a ineficiência dos contratos de concessão. Diante desse panorama, os licitantes interessados na concessão adotam duas posturas distintas, ambas igualmente rejeitáveis: a postura do Licitante Conservador e a postura do Licitante Irresponsável. Esses perfis de licitantes geram, respectivamente, ineficiência à concessão e, caso o erro do inventário florestal efetivamente ocorra, a possibilidade de inviabilidade da concessão. Como resposta a isso – que é exatamente o “problema” que pretendo resolver –, proponho uma solução para melhor administrar o risco do inventário florestal. Essa solução, inspirada em uma ideia utilizada na minuta do contrato de concessão da Linha 4 do Metrô de São Paulo, e baseando-se nos critérios oferecidos pela doutrina para uma distribuição eficiente dos riscos, propõe algo novo: a fim de tornar a os contratos de concessão florestal mais eficientes, sugere-se que o risco do inventário florestal deve ser alocado na Administração Pública, e, caso o evento indesejável efetivamente ocorra (erro do inventário florestal), deve-se, por meio do reequilíbrio econômico-financeiro do contrato, ajustar o valor a ser pago pelo concessionário ao Poder Concedente. Como consequência dessa previsão contratual, as propostas dos licitantes serão mais eficientes, permitindo-se alcançar o objetivo primordial da Lei 11.284/2006: aumento da eficiência da exploração florestal sustentável e preservação do meio ambiente e dos recursos florestais.

Conservative Management For Lingual Thyroid Ectopic.

Lingual thyroid gland is a rare clinical entity. The presence of an ectopic thyroid gland located at the base of the tongue may be presented with symptoms like dysphagia, dysphonia, and upper airway obstruction. We are introducing a case of an 8-year-old girl who had lingual thyroid that presented dysphagia and foreign body sensation in the throat. The diagnostic was reached with clinical examination, thyroid scintigraphy with Tc(99m) and ultrasound. A laryngoscopy was performed which confirmed a spherical mass at base of tongue. Investigation should include thyroid function tests. In this case we observed subclinical hypothyroidism. There are different types of surgical approaches for the treatment of this condition; however, the treatment with Levothyroxine Sodium allowed the stabilization of TSH levels and clinical improvement of symptoms in a follow-up of 2 years.

Microleakage in conservative cavities varying the preparation method and surface treatment

OBJECTIVE: To assess microleakage in conservative class V cavities prepared with aluminum-oxide air abrasion or turbine and restored with self-etching or etch-and-rinse adhesive systems. Materials and Methods: Forty premolars were randomly assigned to 4 groups (I and II: air abrasion; III and IV: turbine) and class V cavities were prepared on the buccal surfaces. Conditioning approaches were: groups I/III - 37% phosphoric acid; groups II/IV - self-priming etchant (Tyrian-SPE). Cavities were restored with One Step Plus/Filtek Z250. After finishing, specimens were thermocycled, immersed in 50% silver nitrate, and serially sectioned. Microleakage at the occlusal and cervical interfaces was measured in mm and calculated by a software. Data were subjected to ANOVA and Tukey's test (α=0.05). RESULTS: Marginal seal provided by air abrasion was similar to high-speed handpiece, except for group I. There was SIGNIFICANT difference between enamel and dentin/cementum margins for to group I and II: air abrasion. The etch-and-rinse adhesive system promoted a better marginal seal. At enamel and dentin/cementum margins, the highest microleakage values were found in cavities treated with the self-etching adhesive system. At dentin/cementum margins, high-speed handpiece preparations associated with etch-and-rinse system provided the least dye penetration. CONCLUSION: Marginal seal of cavities prepared with aluminum-oxide air abrasion was different from that of conventionally prepared cavities, and the etch-and-rinse system promoted higher marginal seal at both enamel and dentin margins.

Assessment of immediate conservative breast surgery reconstruction: A classification system of defects revisited and an algorithm for selecting the appropriate technique

Background: Although various techniques have been used for breast conservation surgery reconstruction, there are few studies describing a logical approach to reconstruction of these defects. The objectives of this study were to establish a classification system for partial breast defects and to develop a reconstructive algorithm. Methods: The authors reviewed a 7-year experience with 209 immediate breast conservation surgery reconstructions. Mean follow-up was 31 months. Type I defects include tissue resection in smaller breasts (bra size A/B), including type IA, which involves minimal defects that do not cause distortion; type III, which involves moderate defects that cause moderate distortion; and type IC, which involves large defects that cause significant deformities. Type II includes tissue resection in medium-sized breasts with or without ptosis (bra size C), and type III includes tissue resection in large breasts with ptosis (bra size D). Results: Eighteen percent of patients presented type I, where a lateral thoracodorsal flap and a latissimus dorsi flap were performed in 68 percent. Forty-five percent presented type II defects, where bilateral mastopexy was performed in 52 percent. Thirty-seven percent of patients presented type III distortion, where bilateral reduction mammaplasty was performed in 67 percent. Thirty-five percent of patients presented complications, and most were minor. Conclusions: An algorithm based on breast size in relation to tumor location and extension of resection can be followed to determine the best approach to reconstruction. The authors` results have demonstrated that the complications were similar to those in other clinical series. Success depends on patient selection, coordinated planning with the oncologic surgeon, and careful intraoperative management.

Conservative Versus Surgical Treatment for Repair of the Medial Patellofemoral Ligament in Acute Dislocations of the Patella

Purpose: The objective of this study was to analyze and compare the results obtained after 2 types of treatment, surgical and conservative, for acute patellar dislocations. Methods: We divided 33 patients with acute patellar dislocations into 2 groups. One group with 16 patients underwent conservative treatment (immobilization and subsequent physiotherapy), and the other group with 17 patients underwent surgical treatment. A radiographic examination was performed in the evaluation of the patients to verify predisposing factors for patellofemoral instability, and the Kujala questionnaire was applied with the intention of analyzing the improvement of pain and quality of life. The chi(2) test, t test, and Fisher test were used in the statistical evaluation. A significance level of P<.05 was adopted. Results: The groups were considered parametric in relation to age and sex. The conservative treatment group exhibited a higher number of recurrent dislocations (8 patients) than the surgical treatment group, which did not have any relapses. In addition, the surgical treatment group obtained a better mean score on the Kujala test (92) than the conservative treatment group (69). Conclusions: We conclude that surgical treatment afforded better results. There were no recurrences in the surgical treatment group, but there were 8 recurrences in the conservative treatment group. The mean Kujala score was 92 in the surgical treatment group and 69 in the conservative treatment group.

Pancreatic fistula after pancreaticoduodenectomy: the conservative treatment of choice

Background: A pancreatic fistula (PF) is the most common complication after pancreaticoduodenectomy (PD), and its reported incidence varies from 2% to 28%. The aim of the present study was to analyse the treatment of a complicated PF comparing the surgical approach with conservative techniques. Methods: From January 2000 through to August 2006, 121 patients were submitted for PD. The study consisted of 70 men and 47 women, with a median age of 60 years (SD +/- 12). The main indications for PD were pancreatic duct carcinoma in 52 patients (44.5%), ampullary carcinoma or adenoma in 18 (15.4%) and islet cell tumour in 11 (9.4%). Reconstruction by pancreatogastrostomy was performed in 65 patients (55.6%), and pancreatojejunostomy in 52 patients (44%). Results: Thirty-five patients (30%) developed a PF. Amongst these, 20 were managed conservatively and 14 were reoperated. These two groups of patients were compared with patients without a PF for analysis. There was no significant difference in the mean age, the gender ratio, American Society of Anesthesiologists (ASA) classification, surgical time and blood replacement, number of associated procedures, vascular resection and type of reconstruction between the three groups. There were five post-operative deaths (4.2%), three patients (21.4%) in the surgical treatment group (P < 0.01). Mean total number of complications (P = 0.02) and mean length of hospital stay (P < 0.001) were greater in the surgical group. The medium delay between the pancreatic resection and reoperation was 10 days (range, 3-32 days). Completion splenopancreatectomy was required in five patients whereas conservative treatment including debridement and drainage was applied in nine patients. Conclusion: The surgical approach for a PF is associated with a higher mortality and morbidity. There is no advantage in performing completion pancreatectomy (CP) instead of extensive drainage as a result of the same mortality and morbidity rates and the risk of endocrine insufficiency. In cases of complicated PF, radiological or surgical conservative treatment is recommended.

Conservative approach for a clinical resolution of enamel white spot lesions

Enamel white spot lesions in anterior teeth that compromise esthetics are common. Microabrasion is indicated, since it affects enamel superficially. An acid-abrasive slurry with 37% phosphoric acid with pumice was used on the enamel for a controlled time period. Home bleaching with hydrogen peroxide was then used, further improving the final result. The method is safe, easy, and conservative and provides good esthetic results. (Quintessence Int 2011;42:423-426)

Conservative management of mesenchymal hamartomas of the chest wall

Mesenchymal hamartomas of the chest wall are rare benign lesions usually discovered in infancy. The authors present their experience with 3 cases. All of these cases were managed initially conservatively, although 1 child required a thoracotomy and partial tumour resection at 5 months of age because of respiratory compromise. The other 2 children have now reached 5 and 6 years of age with the tumors becoming less prominent. The authors believe many cases can be managed conservatively because malignant change has not been reported, and the lesions often become relatively smaller as the child grows. J Pediatr Surg 36:1346-1349, Copyright (C) 2001 by W.B. Saunders Company.

Climate governance in an international system under conservative hegemony: the role of major powers

In the last five years, climate change has been established as a central civilizational driver of our time. As a result of this development, the most diversified social processes - as well as the fields of science which study them - have had their dynamics altered. In International Relations, this double challenge could be explained as follows: 1) in empirical terms, climate change imposes a deepening of cooperation levels on the international community, considering the global common character of the atmosphere; and 2) to International Relations as a discipline, climate change demands from the scientific community a conceptual review of the categories designed to approach the development of global climate governance. The goal of this article is to discuss in both conceptual and empirical terms the structure of global climate change governance, through an exploratory research, aiming at identifying the key elements that allow understanding its dynamics. To do so, we rely on the concept of climate powers. This discussion is grounded in the following framework: we now live in an international system under conservative hegemony that is unable to properly respond to the problems of interdependence, among which - and mainly -, the climate issue.

Wandering decarbonization: the BRIC countries as conservative climate powers

Abstract This article discusses the role of China, Russia, India and Brazil in the climate regime. It describes the trajectory of their emissions, of their domestic policies and of their international commitments, and argues that, despite their responsibility in causing the problem, they have been conservative forces in the climate regime.

Conservative Treatment of Chondrodermatitis Nodularis Chronica Helicis with Topical Nitroglycerin

Background: Chondrodermatitis nodularis chronica helicis (CNCH) is a benign, painful, indurated inflammatory nodule arising on the pinna. Different treatment modalities have been used with varying efficacy rates. Despite lower efficacy, conservative methods are most desirable. Case reports: Three patients diagnosed with CNCH were treated with 0.4% topical nitroglycerin ointment, twice daily. These included two women and one man, aged 66, 86, and 60-years-old, respectively. Two painful nodules were located on the antihelix, and one on the helix. One patient had been previously treated with intralesional corticosteroids, and another with intralesional corticosteroids, CO2 laser and photodynamic therapy. All three patients experienced significant clinical and symptomatic improvement with topical nitroglycerin. No side effects were reported. Discussion: The etiology of CNCH is uncertain. Dermal and chondral ischemia arising from perichondrial arterial narrowing has been recently described as a possible cause for this benign condition, hence the potential of nitroglycerin as a smooth muscle relaxant and vasodilator. A previous report described significant improvement in twelve patients treated with 2% topical nitroglycerin. Conclusion: Topical nitroglycerin ointment appears to be a noninvasive alternative for the treatment of CNCH. A lower concentration (0.4%) may be as effective and with fewer side effects, but more studies are warranted.