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.

Analysis of the Optimal Sharing of Construction Risk in Public Procurement Contracts

This paper discusses a model based on the agency theory to analyze the optimal transfer of construction risk in public works contracts. The base assumption is that of a contract between a principal (public authority) and an agent (firm), where the payment mechanism is linear and contains an incentive mechanism to enhance the effort of the agent to reduce construction costs. A theoretical model is proposed starting from a cost function with a random component and assuming that both the public authority and the firm are risk averse. The main outcome of the paper is that the optimal transfer of construction risk will be lower when the variance of errors in cost forecast, the risk aversion of the firm and the marginal cost of public funds are larger, while the optimal transfer of construction risk will grow when the variance of errors in cost monitoring and the risk aversion of the public authority are larger

The Euro as an International Currency: explaining puzzling first evidence from the foreign exchange markets

This paper presents evidence that the bid-ask spreads in euro rates increased relative to the corresponding bid-ask spreads in the German mark (DM) prior to the creation of the currency union. This comes with a decrease in transaction volume in the euro rates relative to the previous DM rates. The starkest example is the DM(euro)/yen rate in which the spread has risen by almost two-thirds while the volume decreased by more than one third. This outcome is surprising because the common currency concentrated market liquidity in fewer external euro rates and higher volume tends to be associated with lower spreads. We propose a microstructure explanation based on a change in the information environment of the FX market. The elimination of many cross currency pairs increased the market transparency for order flow imbalances in the dealership market. It is argued that higher market transparency adversely affects the inventory risk sharing efficiency of the dealership market and induces the observed euro spread increase and transaction volume shortfall.

Shaping the 'at-risk' youth : risk, governmentality and the Finn Report

The category of the `at-risk youth' currently underpins a good deal of youth policy, and in particular, education policy. Primarily, the category is centred around a range of programmes associated with the need for state intervention, intervention which largely occurs `at a distance' within domains such as the school and the family. While it is argued that in some ways, the `at-risk youth' simply replaces older characterisations used in the policing of the young, it will also be argued that the preventative policies associated with `risk' are constituted in terms of factors rather than individuals; that prevention is no longer primarily based upon personal expertise, but rather upon the gathering and collation of statistical knowledge which identifies `risks' within given populations; and that `risk' permits a greater number of young people to be brought into the field of regulatory strategies. Importantly, the category of the `at-risk youth' underpins crucial sections of policy documents such as the Finn Report (into credentialling/ education and vocational competency). In this case, youth is deemed to be `at-risk' of not making the transition to adulthood successfully. It will be argued that not only is the Finn Report significant in the administrative and cultural shaping of the category of `youth', but also by employing the notion of `risk', the Report puts in place yet another element of an effective network of governmental intelligibility covering the young. Finally, it will be argued that young women, as a specific example of a `risk' group (vis-a-vis obtaining certain types of employment), require particular forms of intervention, primarily through changing the vocational aspirations of their parents.

Shaping the at-risk youth

The category of the `at-risk' youth currently underpins a good deal of youth policy. Primarily, it centres around a range of programs associated with the need for state intervention. The `at-risk' youth tenuously appears at the intersection of a variety of knowledges/problematisations, such as vocational guidance, youth welfare, family management, and so on. Whilst it is argued that in some ways, the `at-risk' youth simply replaces older characterisations used in the policing of the young, it will also be argued that the preventative policies associated with `risk' are constituted in terms of factors rather than individuals, that prevention is no longer primarily based upon personal expertise, but rather upon the gathering and collation of statistical knowledge which identifies `risks' within given populations, and that `risk' legitimates unlimited governmental intervention. Importantly, the category of the `at-risk' youth underpins crucial sections of policy documents such as the Finn Report (into credentialling/education and vocational competency). In this case, youth is deemed to be `at-risk' of not making the transition to adulthood successfully. It will be argued that not only is the Finn Report significant in the administrative and cultural shaping of the category of `youth', but also by employing the notion of `risk', the Report puts in place yet another element of an effective network of governmental intelligibility covering the young. Finally, it will be argued that young women, as a specific an example of a `risk' group (vis-a-vis obtaining certain types of employment), require particular forms of intervention, primarily through changing the vocational aspirations of their parents.

Drivers' and cyclists' experiences of sharing the road : incidents, attitudes and perceptions of visibility

This study explored the beliefs and attitudes of cyclists and drivers regarding cyclist visibility, use of visibility aids and crashes involving cyclists and motorists. Data are presented for 1460 participants (622 drivers and 838 cyclists) and demonstrate that there are high rates of cyclist–vehicle crashes, many of which were reported to be due to the driver not seeing the cyclist in time to avoid a collision. A divergence in attitudes was also apparent in terms of attribution of responsibility in cyclist–vehicle conflicts on the road. While the use of visibility aids was advocated by cyclists, this was not reflected in self-reported wearing patterns, and cyclists reported that the distance at which they would be first recognised by a driver was twice that estimated by the drivers. Collectively, these results suggest that interventions should target cyclists’ use of visibility aids, which is less than optimal in this population, as well as re-educating both groups regarding visibility issues.

The organisation : risk, resilience and governance

Tarrant argues that a solid risk management strategy is critical to building effective, transformational and adaptive organisations. Organisations are a fundamental part of our society and economic system whether they are private, public or not-for-profits. There are very few aspects of our society and economy that don’t rely wholly or in part on the performance of organisations. Disasters and crises are complex and very challenging environments for organisations. How can effective transformational and adaptive capacity become institutionalised and a core part of good governance of organisations? Effective risk management is a critical element in meeting organisational objectives in a turbulent and uncertain environment.

Designing for engagement towards healthier lifestyles through food image sharing : the case of I8DAT

This paper introduces the underlying design concepts of I8DAT, a food image sharing application that has been developed as part of a three-year research project – Eat, Cook, Grow: Ubiquitous Technology for Sustainable Food Culture in the City (http://www.urbaninformatics .net/projects/food) – exploring urban food practices to engage people in healthier, more environmentally and socially sustainable eating, cooking, and growing food in their everyday lives. The key aim of the project is to produce actionable knowledge, which is then applied to create and test several accessible, user-centred interactive design solutions that motivate user-engagement through playful and social means rather than authoritative information distribution. Through the design and implementation processes we envisage to integrate these design interventions to create a sustainable food network that is both technical and socio-cultural in nature (technosocial). Our primary research locale is Brisbane, Australia, with additional work carried out in three reference cities with divergent geographic, socio-cultural, and technological backgrounds: Seoul, South Korea, for its global leadership in ubiquitous technology, broadband access, and high population density; Lincoln, UK, for the regional and peri-urban dimension it provides, and Portland, Oregon, US, for its international standing as a hub of the sustainable food movement.

The safety risk management of unmanned aircraft systems

The safety risk management process describes the systematic application of management policies, procedures and practices to the activities of communicating, consulting, establishing the context, and identifying, analysing, evaluating, treating, monitoring and reviewing risk. This process is undertaken to provide assurances that the risks of a particular unmanned aircraft system activity have been managed to an acceptable level. The safety risk management process and its outcomes form part of the documented safety case necessary to obtain approvals for unmanned aircraft system operations. It also guides the development of an organisation’s operations manual and is a primary component of an organisation’s safety management system. The aim of this chapter is to provide existing risk practitioners with a high level introduction to some of the unique issues and challenges in the application of the safety risk management process to unmanned aircraft systems. The scope is limited to safety risks associated with the operation of unmanned aircraft in the civil airspace system and over inhabited areas. The structure of the chapter is based on the safety risk management process as defined by the international risk management standard ISO 31000:2009 and draws on aviation safety resources provided by International Civil Aviation Organization, the Federal Aviation Administration and U.S. Department of Defense. References to relevant aviation safety regulations, programs of research and fielded systems are also provided.

The relative risk of second primary cancers in Queensland, Australia: A retrospective cohort study

Background Cancer survivors face an increased likelihood of being subsequently diagnosed with another cancer. The aim of this study was to quantify the relative risk of survivors developing a second primary cancer in Queensland, Australia. Methods Standardised incidence rates stratified by type of first primary cancer, type of second primary cancer, sex, age at first diagnosis, period of first diagnosis and follow-up interval were calculated for residents of Queensland, Australia, who were diagnosed with a first primary invasive cancer between 1982 and 2001 and survived for a minimum of 2 months. Results A total of 23,580 second invasive primary cancers were observed over 1,370,247 years of follow-up among 204,962 cancer patients. Both males (SIR = 1.22; 95% CI = 1.20-1.24) and females (SIR = 1.36; 95% CI = 1.33-1.39) within the study cohort were found to have a significant excess risk of developing a second cancer relative to the incidence of cancer in the general population. The observed number of second primary cancers was also higher than expected within each age group, across all time periods and during each follow-up interval. Conclusions The excess risk of developing a second malignancy among cancer survivors can likely be attributed to factors including similar aetiologies, genetics and the effects of treatment, underlining the need for ongoing monitoring of cancer patients to detect subsequent tumours at an early stage. Education campaigns developed specifically for survivors may be required to lessen the prevalence of known cancer risk factors.