As origens doutrinárias e a interpretação da função social dos contratos no código civil brasileiro

Esta tese propõe a investigação sobre as origens doutrinárias da função social dos contratos e, a partir delas, apresenta os instrumentos para a interpretação da cláusula geral do art. 421 do Código Civil. A tese encontra na doutrina italiana e no pensamento de Miguel Reale a base doutrinária da clláusula geral. A principal proposição dessa incursão é de que o juiz, ao aplicar a cláusula geral, deve usar os parâmetros doutrinários construídos pela tradição. A tradição e os dispositivos constitucionais que disciplinam a liberdade de contratar são os principais instrumentos para o controle das decisões judiciais, o que é indispensável que se preserve as regras do regime constritucional democrático e princípio da dignidade da pessoa.

An Extension of the Invariance Principle for a Class of Differential Equations with Finite Delay

An extension of the uniform invariance principle for ordinary differential equations with finite delay is developed. The uniform invariance principle allows the derivative of the auxiliary scalar function V to be positive in some bounded sets of the state space while the classical invariance principle assumes that. V <= 0. As a consequence, the uniform invariance principle can deal with a larger class of problems. The main difficulty to prove an invariance principle for functional differential equations is the fact that flows are defined on an infinite dimensional space and, in such spaces, bounded solutions may not be precompact. This difficulty is overcome by imposing the vector field taking bounded sets into bounded sets.

On Seliger and Whitham`s variational principle for hydrodynamic systems from the point of view of `fictitious particles`

FAPESP, the Sao Paulo State Research Foundation[04/04611-5]

A Separation Principle for the Continuous-Time LQ-Problem With Markovian Jump Parameters

In this paper, we devise a separation principle for the finite horizon quadratic optimal control problem of continuous-time Markovian jump linear systems driven by a Wiener process and with partial observations. We assume that the output variable and the jump parameters are available to the controller. It is desired to design a dynamic Markovian jump controller such that the closed loop system minimizes the quadratic functional cost of the system over a finite horizon period of time. As in the case with no jumps, we show that an optimal controller can be obtained from two coupled Riccati differential equations, one associated to the optimal control problem when the state variable is available, and the other one associated to the optimal filtering problem. This is a separation principle for the finite horizon quadratic optimal control problem for continuous-time Markovian jump linear systems. For the case in which the matrices are all time-invariant we analyze the asymptotic behavior of the solution of the derived interconnected Riccati differential equations to the solution of the associated set of coupled algebraic Riccati equations as well as the mean square stabilizing property of this limiting solution. When there is only one mode of operation our results coincide with the traditional ones for the LQG control of continuous-time linear systems.

The "ethical anthropic principle" and the religious ethics of Levinas

Why did Levinas choose Isaiah 45:7 ("I make peace and create evil: I the Lord do all that") as a superscription of his essay on evil? This article explores the role of evil in Levinas's religious ethics. The author discusses the structure of evil as revealed phenomenologically and juxtaposes it to the structure of subjectivity found in the writings of Levinas. The idea of the "ethical anthropic principle," modeled upon the cosmic anthropic principle, is then used to link evil to the responsibility of the subject. The link is subsequently extended to God. This is proposed as one way of understanding the meaning of Isaiah 45:7. © 2001 Journal of Religious Ethics, Inc.

Argyrodes: phylogeny, sociality and interspecific interactions - a report on the Argyrodes symposium, Badplaas 2001

Argyrodes Simon 1864 is a large, cosmopolitan theridiid genus whose members exhibit a wide range of foraging techniques which usually involve exploiting other spiders, either by using their webs, stealing their food, or preying on them directly. We held a symposium on this genus at the 15th International Congress of Arachnology, Badplaas, South Africa in order to obtain a clearer perspective on the relationship between the phylogeny of the genus and the different foraging techniques. We concluded that Argyrodes forms a monophyletic group within the Theridiidae, and that there are clear monophyletic clades within the genus (already identified as species groups) that appear to share behavioral characteristics. We found no clear indication that foraging behaviors such as kleptoparasitism (stealing food) evolved from araneophagy (eating spiders) or vice versa. However, it appears that species that specialize in either kleptoparasitism or araneophagy use additional techniques in comparison to species that readily use both foraging modes. During our examination of Argyrodes/host interactions we noted the importance of Nephila species as hosts of Argyrodes species around the world and the impact of Argyrodes on Nephila. We also noted the fluid nature of the relationship between Argyrodes and the spiders with which they interact. For example, an Argyrodes/host relationship can change to an Argyrodes/prey relationship, and the type of kleptoparasitic behavior employed by an Argyrodes can change when it changes host species. The importance of eating silk was also noted and identified as an area for further research. We concluded that more work involving international collaboration is needed to fully understand the phylogeny of the genus and the relationships between the different types of foraging behaviors.