858 resultados para Incompatibilidade legal
Resumo:
Provide data and information on watershed becomes important since the knowledge of their physical characteristics, land use, etcetera, allows for better planning and sustainable use of economically, socially and environmentally in this area. The investigation of the physical environment has been commonly given with the use of geoprocessing, which has proved a very efficient tool. Within this context, this research aims at analyzing the river basin Punaú (located in the cities of Touros, Rio do Fogo and Pureza, state of Rio Grande do Norte) in several aspects, using geoprocessing as a tool of work, to provide information about the entire watershed. Specifically, this study aimed to update pre-existing maps, such as geological, geomorphological and land use, generating map of environmental vulnerability, under the aspect of erosion susceptibility of the area, generating map of legal incompatibility, identifying areas that are already being employed in breach of environmental legislation; propose solutions to the occupation of the river basin Punaú, focused on environmental planning. The methodology was based on the use of geoprocessing tools for data analysis and to make maps of legal incompatibility and environmental vulnerability. For the first map was taken into account the environmental legislation regarding the protection of watersheds. For the vulnerability analysis, the generated map was the result of crossing the maps of geology, geomorphology, soils and land use, having been assigned weights to different attributes of thematic maps, generating a map of environmental vulnerability in relation to susceptibility to erosion. The analysis results indicate that agriculture is the most significant activity in the basin, in total occupied area, which confers a high degree of environmental vulnerability in most of the basin, and some agricultural areas eventually develop in a manner inconsistent with Brazilian environmental legislation. It is proposed to consider deploying a measure of revitalization of the watershed in more critical areas and conservation through mitigation measures on the causes of environmental degradation, such as protection of water sources, protection and restoration of riparian vegetation, protection of permanent preservation areas, containment of erosion processes in general, and others listed or not in specific laws, and even the establishment of a committee of basins in the area
Resumo:
One of the most important natural resources for sustaining human life, water, has been losing the basic requirements of quality and quantity sufficient enough to attend the population due to water contamination'problems, often caused by human beings themselves. Because of this, the sources of this resource are often located in remote places of the natural environment to ensure the quality of the water. However, when urban expansion began to occupy these areas, which were once regarded as distant, environmental pollution problems began to occur due to occupation of the land without planning. Based on this occurrence, this study aims to propose environmental zoning for the Maxaranguape river watershed in order to protect its water resources. This is important because this river can serve as a source of supply for the metropolitan area of Natal, the capital of Rio Grande do Norte. In accordance to this proposition, the model of natural soil loss vulnerability (CREPANI et al., 2001), the model of aquifer pollution vulnerability (FOSTER et al., 2006), and the legal incompatibility map (CREPANI et al., 2001) were used to delimit the zones. All this was done with Geographic Information System (GIS) and also created a geographic database update of the basin. The results of the first model mentioned indicated that 63.67% of the basin was classified as moderately stable / vulnerable, 35.66% as moderately vulnerable, and 0.67% as vulnerable. The areas with high vulnerability degree correspond with sand dunes and river channels areas. The second model indicated that 2.84% of the basin has low vulnerability, 70.27%) has median vulnerability, and 26.76% and 0.13% has high vulnerability and extreme vulnerability, respectively. The areas with the highest vulnerability values also refer to part of the sand dunes and river channels besides other areas such as Pureza urban area. The legal incompatibility map indicated that the basin has 85.02 km2 of Permanent Protection Area (PPA) and 14.62% of this area has some incongruity of use. Based on these results it was possible to draw three main zones: Protection and Sustainable Use Zone (PSUZ), Protection and Environmental Restoration Zone (PERZ) and Environmental Control Zone, which are divided into A, B and C. The PSUZ refer to the coastal areas of the basin, where the sand dunes are located. These sites should be areas of environmental protection and of sustainable urban expansion. The ZPRA refer to river channels, which are in high need of rehabilitation. The third zone corresponds to the rest of the basin which should have, in general, the mapping of possible sources of contamination for further control on the use and occupation of the river
Resumo:
By presenting the results of a content analysis of Australian undergraduate legal education, this paper examines the extent to which issues of race, ethnicity, discrimination, and multiculturalism feature within this component of the moral, ethical, and professional development of legal professionals. It will demonstrate that instead of encouraging a deep, critical and contextual understanding of such issues, legal education provides a relatively superficial one, which has important implications for the role that legal professionals play in overcoming injustices such as institutional racism, and the kinds of social reform that they are likely to undertake.
Resumo:
Market-based environmental regulation is becoming increasingly common within international and national frameworks. Environmental offset and trading regimes are part of the market-based instrument revolution. This paper proposes that environmental market mechanisms could be used to introduce an ethic of land holder responsibility. In order for market based regimes to attract sufficient levels of stakeholder engagement, participants within such scheme require an incentive to participate and furthermore need to feel a sense of security about investing in such processes. A sense of security is often associated with property based interests. This paper explores the property related issues connected with environmental offset and trading scheme initiatives. Relevant property-related considerations include land tenure considerations, public versus private management of land choices, characteristics and powers associated with property interests, theories defining property and the recognition of legal proprietal interests. The Biodiversity Banking Scheme in New South Wales is then examined as a case study followed by a critique on the role of environmental markets.
Resumo:
The Queensland Department of Public Works (QDPW) and the Queensland Department of Main Roads (QDMR) have identified a need for industry e-contracting guidelines in the short to medium term. Each of these organisations conducts tenders and contracts for over $600 million annually. This report considers the security and legal issues relating to the shift from a paper-based tendering system to an electronic tendering system. The research objectives derived from the industry partners include: • a review of current standards and e-tendering systems; • a summary of legal requirements impacting upon e-tendering; • an analysis of the threats and requirements for any e-tendering system; • the identification of outstanding issues; • an evaluation of possible e-tendering architectures; • recommendations for e-tendering systems.
Resumo:
This paper will consider the way that Foucault’s work has been utilised to examine Australian legal education, particularly in the context of understanding the construction of the legal identity. While remaining sensitive to the many potential ‘uses’ of Foucault’s tools, as well as his problematisation of the author as an organising feature of discourse, this paper will argue that legal education scholarship overwhelmingly utilises concepts such as ‘discourse’ and ‘power-knowledge’, which, while useful, cannot provide a nuanced understanding of the construction of the legal identity. Consequently, this paper suggests that future legal education research utilise Foucault’s concepts of ‘ethics’ and ‘governmentality’ to address these issues.
Resumo:
Sexual harassment can be conceptualised as an interaction between harassers and targets. Utilising 23 detailed legal transcripts, this study explored evidence of a range of perpetrator tactics and target counter-tactics. These tactics can be readily fitted into the backfire framework, which proposes that powerful perpetrators of perceived unjust acts are likely to cover up the actions, devalue the target, reinterpret the events, use official channels to give an appearance of justice, and intimidate or bribe people involved. Targets can respond using counter-tactics of exposure, validation, reframing, mobilisation of support, and resistance. The findings have implications for raising awareness of harassing tactics and recommendations for effective informal responses in organisations.
Resumo:
Lawyers and law students suffer significant rates of depression and substance abuse. This paper suggests that Law Schools have an obligation to assist students to develop the emotional intelligence necessary in order to cope with the stressful nature of legal practice. We draw on Schön’s discussion of the indeterminate zone of professional practice to suggest that reflective practice is the means by which students can become sufficiently emotionally intelligent to become balanced and happy lawyers. We suggest that incorporating reflective practice in intentional curriculum design in the first year of law is an effective first step in assisting students to develop the emotional intelligence necessary to survive the study and practice of law.
Resumo:
This paper will report on the evaluation of a new undergraduate legal workplace unit, LWB421 Learning in Professional Practice. LWB421 was developed in response to the QUT’s strategic planning and a growing view that work experience is essential to developing the skills that law graduates need in order to be effective legal practitioners (Stuckey, 2007). Work integrated learning provides a context for students to develop their skills, to see the link between theory and practice and support students in making the transition from university to practice (Shirley, 2006). The literature in Australian legal education has given little consideration to the design of legal internship subjects (as distinct from legal clinic programs). Accordingly the design of placement subjects needs to be carefully considered to ensure alignment of learning objectives, learning tasks and assessment. Legal placements offer students the opportunity to develop their professional skills in practice, reflect on their own learning and job performance and take responsibility for their career development and planning. This paper will examine the literature relating to the design of placement subjects, particularly in a legal context. It will propose a collaborative model to facilitate learning and assessment of legal work placement subjects. The basis of the model is a negotiated learning contract between the student, workplace supervisor and academic supervisor. Finally the paper will evaluate the model in the context of LWB421. The evaluation will be based on data from surveys of students and supervisors and focus group sessions.