Ação rescisória e meios transrescisórios: perspectiva constitucional

Neste trabalho, analisa-se a segurança jurídica decorrente da coisa julgada e sua importância para a legitimação do discurso jurídico, assim como a ação rescisória e os meios transrescisórios, enquadrados pela doutrina e pela jurisprudência como meios que possibilitam a desconsideração da coisa julgada. Critica-se, além disso, as teorias que buscam permitir a desconsideração da coisa julgada por meio de mero juízo de ponderação exercido pelo magistrado em cada caso concreto. Inclui-se, ainda, um estudo sobre a maneira como esses institutos vêm sendo compreendidos diariamente nos tribunais, levando em conta, especialmente, a perspectiva constitucional do processo e o momento de fragilidade no tratamento da coisa julgada no cenário jurídico pátrio contemporâneo. No que tange especificamente à ação rescisória, são debatidos temas pontuais que se relacionam com a origem do instituto e também com sua aplicação prática. Um estudo de Direito Comparado é levado a cabo com a análise dos instrumentos de rescisão previstos na Itália, Espanha, Alemanha e Portugal, para que se tenha uma noção parcial do estágio de desenvolvimento do ordenamento jurídico brasileiro no que se refere ao tema objeto deste estudo.

Learning, evaluation, action and reflection for new technologies, empowerment and rural sustainability (The LEARNERS project)

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Developing a participatory impact assessment approach and action research culture within a communication for social change organisation in Nepal

Developing an effective impact evaluation framework, managing and conducting rigorous impact evaluations, and developing a strong research and evaluation culture within development communication organisations presents many challenges. This is especially so when both the community and organisational context is continually changing and the outcomes of programs are complex and difficult to clearly identify.----- This paper presents a case study from a research project being conducted from 2007-2010 that aims to address these challenges and issues, entitled Assessing Communication for Social Change: A New Agenda in Impact Assessment. Building on previous development communication projects which used ethnographic action research, this project is developing, trailing and rigorously evaluating a participatory impact assessment methodology for assessing the social change impacts of community radio programs in Nepal. This project is a collaboration between Equal Access – Nepal (EAN), Equal Access – International, local stakeholders and listeners, a network of trained community researchers, and a research team from two Australian universities. A key element of the project is the establishment of an organisational culture within EAN that values and supports the impact assessment process being developed, which is based on continuous action learning and improvement. The paper describes the situation related to monitoring and evaluation (M&E) and impact assessment before the project began, in which EAN was often reliant on time-bound studies and ‘success stories’ derived from listener letters and feedback. We then outline the various strategies used in an effort to develop stronger and more effective impact assessment and M&E systems, and the gradual changes that have occurred to date. These changes include a greater understanding of the value of adopting a participatory, holistic, evidence-based approach to impact assessment. We also critically review the many challenges experienced in this process, including:----- • Tension between the pressure from donors to ‘prove’ impacts and the adoption of a bottom-up, participatory approach based on ‘improving’ programs in ways that meet community needs and aspirations.----- • Resistance from the content teams to changing their existing M&E practices and to the perceived complexity of the approach.----- • Lack of meaningful connection between the M&E and content teams.----- • Human resource problems and lack of capacity in analysing qualitative data and reporting results.----- • The contextual challenges, including extreme poverty, wide cultural and linguistic diversity, poor transport and communications infrastructure, and political instability.----- • A general lack of acceptance of the importance of evaluation within Nepal due to accepting everything as fate or ‘natural’ rather than requiring investigation into a problem.

Review article : ecological approach in studying the relation of perception-action : review of the theoretical and empirical data

In daily activities people are using a number of available means for the achievement of balance, such as the use of hands and the co-ordination of balance. One of the approaches that explains this relationship between perception and action is the ecological theory that is based on the work of a) Bernstein (1967), who imposed the problem of ‘the degrees of freedom’, b) Gibson (1979), who referred to the theory of perception and the way which the information is received from the environment in order for a certain movement to be achieved, c) Newell (1986), who proposed that movement can derive from the interaction of the constraints that imposed from the environment and the organism and d) Kugler, Kelso and Turvey (1982), who showed the way which “the degrees of freedom” are connected and interact. According to the above mentioned theories, the development of movement co-ordination can result from the different constraints that imposed into the organism-environment system. The close relation between the environmental and organismic constraints, as well as their interaction is responsible for the movement system that will be activated. These constraints apart from shaping the co-ordination of specific movements can be a rate limiting factor, to a certain degree, in the acquisition and mastering of a new skill. This frame of work can be an essential tool for the study of catching an object (e.g., a ball). The importance of this study becomes obvious due to the fact that movements that involved in catching an object are representative of every day actions and characteristic of the interaction between perception and action.

Consumers' emotional appraisals and action tendencies arising from mobile viral marketing

This study examines consumers' emotional responses to receiving viral mobile marketing communications in comparison to receiving mobile marketing communications where permission has not been given. The study also examines the relationship between these experienced emotions and what action tendencies consumers might consider as a result of these emotions, as well as how they attribute causality for their emotions. Using scenarios in an experimental design, the findings show that there are differences in consumer emotions as a result of the two marketing approaches. The findings also identify relationships between consumers' causal attributions and action tendencies in relation to themselves, the friend sending the viral m-marketing communication and the company involved.

Kids, counsellors and troubles-telling : morality-in-action in talk on an Australian children’s helpline

This chapter investigates one instance of ‘morality-in-action’, which transpires when children describe their troubles to the adult counsellors at Kids Help Line, an Australian national helpline that deals specifically with callers aged approximately 5-18 years. We focus, in particular, on how a young female caller who has forged a medical certificate in relation to a problem with school attendance, determines both what to report, and how this should be disclosed. Throughout the call, the moral implications of the troubles talk are delicately managed by both caller and counsellor. The call takes the form of an extended story (Labov & Waletzky, 1997) that includes a preface (‘I have some problems at school’), an orientation (“I was sick, went to the doctor, stayed home”), a complicating action (“I went back to school and photocopied my certificate from last time”), result (“I got caught”) and evaluation (“I don’t know why it happened”). As the account unfolds, we observe how both the student and counsellor seek to make sense of these actions. While this account is partly about deception, both the caller and counsellor delicately sidestep naming this action, precluding this implication. For example, the counsellor lets stand the caller’s main assessment of the trouble. He simply asks, “so what happened then,” when the caller reports that her forgery was discovered. The caller, from the very beginning of the call, seeks to find out why she could have done this, “you see I don’t know why it happened”. As the call unfolds, the counsellor follows the opening provided by the caller and they put forward motives for consideration. By agreeing that the motives are to be explored, the act takes on a character other than deception.

Facilities management action agenda : the Australian government and industry working together for improvement

This paper provides an overview of the Australian Government’s Facilities Management (FM) Action Agenda as announced in 2004 as a key policy plank designed to facilitate growth of the FM industry. The resulting consultation with industry leaders has seen the criterion and release in April 2005 of the FM Action Agenda’s strategic plan entitled ‘Managing the Built Environment’. This framework, representing a collaboration between the Australian Government, public and private sector stakeholders and Facility Management Association of Australia (FMA Australia) and other allied bodies, sets out to achieve the vision of a more “…productive and sustainable built environment…” through improved innovation, education and standards. The 36 month implementation phase is now underway and will take a multi-pronged approach to enhancing the recognition of the FM industry and removing impediments to its growth with a 20 point action plan across the following platforms: • Innovation – Improved appreciation of facility life cycles, and greater understanding of the key drivers of workplace productivity, and the improved application of information technology. • Education and Training – Improved access to dedicated FM education and training opportunities and creation clear career pathways into the profession. • Regulatory Reform – Explore opportunities to harmonise cross jurisdictional regulatory compliance requirements that have an efficiency impact on FM. • Sustainability – Improved utilization of existing knowledge and the development of tools and opportunities to improve the environmental performance of facilities. Additional information is available at www.fma.com.au

Ecological approaches to cognition and action in sport and exercise : ask not only what you do, but where you do it

In recent decades, concepts and ideas from James J. Gibson’s theory of direct perception in ecological psychology have been applied to the study of how perception and action regulate sport performance. This article examines the influence of different streams of thought in ecological psychology for studying cognition and action in the diverse behavioural contexts of sport and exercise. In discussing the origins of ecological psychology it can be concluded that psychologists such as Lewin, and to some extent Heider, provided the initial impetus for the development of key ideas. We argue that the papers in this special issue clarify that the different schools of thinking in ecological psychology have much to contribute to theoretical and practical developments in sport and exercise psychology. For example, Gibson emphasized and formalized how the individual is coupled with the environment; Brunswik raised the issue of the ontology of probability in human behaviour and the problem of representative design for experimental task constraints; Barker looked carefully into extra-individual behavioural contexts and Bronfenbrenner presented insights pertinent to the relations between behaviour contexts, and macro influences on behaviour. In this overview, we highlight essential issues from the main schools of thought of relevance to the contexts of sport and exercise, and we consider some potential theoretical linkages with dynamical systems theory.

The organisation of action in complex neurobiological systems

This chapter elucidates key ideas behind neurocomputational and ecological dynamics and perspectives of understanding the organisation of action in complex neurobiological systems. The need to study the close link between neurobiological systems and their environments (particularly their sensory and movement subsystems and the surrounding energy sources) is advocated. It is proposed how degeneracy in complex neurobiological systems provides the basis for functional variability in organisation of action. In such systems processes of cognition and action facilitate the specific interactions of each performer with particular task and environmental constraints.

Information for regulating action in sport : metastability and emergence of tactical solutions under ecological constraints

The aims of this chapter are twofold. First, we show how experiments related to nonlinear dynamical systems theory can bring about insights on the interconnectedness of different information sources for action. These include the amount of information as emphasised in conventional models of cognition and action in sport and the nature of perceptual information typically emphasised in the ecological approach. The second aim was to show how, through examining the interconnectedness of these information sources, one can study the emergence of novel tactical solutions in sport; and design experiments where tactical/decisional creativity can be observed. Within this approach it is proposed that perceptual and affective information can be manipulated during practice so that the athlete's cognitive and action systems can be transposed to a meta-stable dynamical performance region where the creation of novel action information may reside.

Action research for contexts of change and inequality

Undoubtedly, the past half-century has witnessed an escalation of changes in the social, political, economic and educational structures in many societies around the world. Some have seen change as a challenge and hope while, for many others, it is a source of concern and worry. Some have adopted change with gusto, while for many it is something to be resisted. Some say we live in a world and times with an increasing awareness that “times are changing”, while for some “the more things change, the more they stay the same”.