Detención preventiva y responsabilidad patrimonial del Estado

El presente trabajo confronta los argumentos que justifican la limitación del derecho a la libertad persona con la detención preventiva, revisa los fundamentos de la responsabilidad objetiva del Estado por privación injusta de la libertad y recogen discusiones a favor de la reparación del daño a la vida de relación en estos casos.

Responsabilidade do Estado e do magistrado frente à concessão ou denegação de tutelas de urgência

Pós-graduação em Direito - FCHS

A responsabilidade do Estado por dano causado à imagem

Pós-graduação em Direito - FCHS

Avaliação do gerenciamento e disposição final dos resíduos químicos de laboratórios do IGCE, UNESP - Rio Claro/SP

Laboratory of Chemical Waste Management programs are being implemented in various universities of the country and the world, in recognition of the urgent need to change the reality of disregard for the environment, together with objective responsibility of the generator, and especially the awareness of sustainability. Analysis and research laboratories involve a range of waste in developing their studies with intrinsic characteristics related to their form of generation. The amount of waste generated in this segment is negligible compared to industrial activities, but the environmental issue is that these residues do not have a standard technique for treatment due to the potential variation of its composition. This research project, aiming their suitability and continuous improvement, aims to diagnose and analyze the current situation of the management and disposal of chemical waste generated by the laboratories IGCE UNESP, Campus Rio Claro / SP. Universities, through their research, teaching and extension, end up generating potentially hazardous chemicals that may contaminate the environment when they are disposed of improperly, with no concern for the environment and / or public health. Aiming to assist in improvements with respect to this issue, the purpose of this study is to understand the management and disposal of chemical waste from the IGCE, laboratories UNESP - Rio Claro / SP, in order to discuss the situation of such waste, and present proposals to reduce generation of the same and minimizing the environmental impact, thereby increasing the local hygiene through proper disposal. The research instrument used interviews, questionnaires, review of recent literature and observations were made in order to develop proposals for the management and disposal of waste. These proposals based on prevention and corrective control, where the preventive approach aims at lifting techniques and actions to reduce the generating sources and...

Direito à informação pela mídia virtual e a sua responsabilidade

Pós-graduação em Direito - FCHS

Grupo econômico: dimensões da responsabilidade e sua interpretação perante os tribunais do trabalho

O trabalho tem como tema central à análise da dimensão das responsabilidades nos grupos econômicos, bem como a sua interpretação perante os tribunais do trabalho. Busca-se compreender a extensão das obrigações impostas aos grupos e as pessoas que o compõem e acima de tudo, como os tribunais tem decido as questões praticas acerca do tema. As questões que envolvem os Grupos Econômicos têm sido tratadas de diversas formas e sob vários aspectos em nosso ordenamento jurídico. Cada ramo de nosso direito pátrio aborda a questão de acordo com a sua realidade prática, porém, nos casos concretos, a solução dos conflitos muitas vezes prescindem de uma análise mais abrangente. Quando o tema vem à tona, quase sempre repercute em mais de uma esfera, porém, é comum ignorar a essência do instituto e a natureza da questão para buscar a solução apenas sob o ponto de vista do direito que se aborda. Exemplo prático dessa situação é buscar apenas no Direito do Trabalho a solução de um conflito envolvendo o tema Grupo Econômico e a dimensão de suas responsabilidades e das pessoas que o compõem, tudo isso apenas para buscar a satisfação do crédito do trabalhador, como se o Direito do Trabalho servisse apenas para o exercício do pleno de direito de apenas de um dos agentes do pacto social. Embora ainda persista a aplicação estanque do conceito previsto no artigo 2°, § 2° da Consolidação das Leis do Trabalho CLT, os tribunais trabalhistas, principalmente com o advento da Emenda Constitucional 45, vem adotando conceitos outrora utilizados somente em outros ramos do direito. A utilização do instituto da desconsideração da personalidade jurídica (disregard of legal entity) e a aplicação dos conceitos relativos à responsabilidade subjetiva, prevista no artigo 186 do Código Civil e responsabilidade objetiva, inserida no artigo 927, parágrafo único, também do Código Civil, tem servido de importante subsídio aos tribunais trabalhistas para a solução de conflitos ali instaurados. Por outro lado, esses mesmos mecanismos que ajudam na difícil tarefa de entrega de uma prestação jurisdicional e tutela do Estado mais efetivas, também servem, muitas vezes, para justificar a condenação indiscriminada de empresas e pessoas em outros casos. O que se vê, portanto, é que os tribunais trabalhista, prescindem da atualização da legislação trabalhista de modo a coibir que a utilização correta de determinados institutos justifique a equivocada aplicação dos mesmos.

Factors affecting perceptions of corporate social responsibility implementation: an emphasis on values

This dissertation is a broad study of factors affecting perceptions of CSR issues in multiple stakeholder realms, the main purpose being to determine the effects of the values of individuals on their perceptions regarding CSR. It examines perceptions of CSR both at the emic (observing individuals and stakeholders) and etic levels (conducting cross-cultural comparison) through a descriptive-empirical research strategy. The dissertation is based on quantitative interview data among Chinese, Finnish and US stakeholder groups of industry companies (with an emphasis on the forest industries) and consists of four published articles and two submitted manuscripts. Theoretically, this dissertation provides a valuable and unique philosophical and intellectual perspective on the contemporary study of CSR `The Harmony Approach to CSR'. Empirically, this dissertation does values assessment and CSR evaluation of a wide variety of business activities covering CSR reporting, business ethics, and three dimensions of CSR performance. From the multi-stakeholder perspective, this dissertation use survey methods to examine the perceptions and stakeholder salience in the context of CSR by describing, comparing the differences between demographic factors as well as hypothetical drivers behind perceptions. The results of study suggest that the CSR objective of a corporation's top management should be to manage the divergent and conflicting interests of multiple stakeholders, taking others than key stakeholders into account as well. The importance of values as a driver of ethical behaviour and decision-making has been generally recognized. This dissertation provides more empirical proof of this theory by highlighting the effects of values on CSR perceptions. It suggests that since the way to encourage responsible behaviour and develop CSR is to develop individual values and cultivate their virtues, it is time to invoke the critical role of moral (ethics) education. The specific studies of China and comparison between Finland and the US contribute to a common understanding of the emerging CSR issues, problems and opportunities for the future of sustainability. The similarities among these countries can enhance international cooperation, while the differences will open up opportunities and diversified solutions for CSR in local conditions.

Decisional responsibility for mechanical ventilation and weaning: an international survey

Introduction: Optimal management of mechanical ventilation and weaning requires dynamic and collaborative decision making to minimize complications and avoid delays in the transition to extubation. In the absence of collaboration, ventilation decision making may be fragmented, inconsistent, and delayed. Our objective was to describe the professional group with responsibility for key ventilation and weaning decisions and to examine organizational characteristics associated with nurse involvement.

Methods: A multi-center, cross-sectional, self-administered survey was sent to nurse managers of adult intensive care units (ICUs) in Denmark, Germany, Greece, Italy, Norway, Switzerland, Netherlands and United Kingdom (UK). We summarized data as proportions (95% confidence intervals (CIs)) and calculated odds ratios (OR) to examine ICU organizational variables associated with collaborative decision making.

Results: Response rates ranged from 39% (UK) to 92% (Switzerland), providing surveys from 586 ICUs. Interprofessional collaboration (nurses and physicians) was the most common approach to initial selection of ventilator settings (63% (95% CI 59 to 66)), determination of extubation readiness (71% (67 to 75)), weaning method (73% (69 to 76)), recognition of weaning failure (84% (81 to 87)) and weaning readiness (85% (82 to 87)), and titration of ventilator settings (88% (86 to 91)). A nurse-to-patient ratio other than 1:1 was associated with decreased interprofessional collaboration during titration of ventilator settings (OR 0.2, 95% CI 0.1 to 0.6), weaning method (0.4 (0.2 to 0.9)), determination of extubation readiness (0.5 (0.2 to 0.9)) and weaning failure (0.4 (0.1 to 1.0)). Use of a weaning protocol was associated with increased collaborative decision making for determining weaning (1.8 (1.0 to 3.3)) and extubation readiness (1.9 (1.2 to 3.0)), and weaning method (1.8 (1.1 to 3.0)). Country of ICU location influenced the profile of responsibility for all decisions. Automated weaning modes were used in 55% of ICUs.

Conclusions: Collaborative decision making for ventilation and weaning was employed in most ICUs in all countries although this was influenced by nurse-to-patient ratio, presence of a protocol, and varied across countries. Potential clinical implications of a lack of collaboration include delayed adaptation of ventilation to changing physiological parameters, and delayed recognition of weaning and extubation readiness resulting in unnecessary prolongation of ventilation.

Corporate Social Responsibility within the Northern Ireland Construction Industry: A Regional Review

As the construction industry continues to struggle with a poor societal image, many organizations have adopted a positive corporate social responsibility (CSR) towards their surrounding environment, with the objective of improving their persona within social circles. The aim of this research is to identify and document the various approaches adopted by UK contractors in relation to their international counterparts to aid in the identification of possible future benefits which may be exploitable.
In order to acquire the relevant information, a number of qualitative methodologies are adopted including a review of the current literature on the topic along with a detailed semi-structured interview with a UK based industry professional that specializes in corporate social responsibility. Through assessing the findings using qualitative analysis software, it is possible to disseminate the information, resulting in the identification of key findings. This research concludes that a number of factors profoundly affect corporate social responsibility within the UK versus other regions. These factors are identified as the effect of the recession, implementation and reporting along with competitiveness within the sector.
The impaction for practice within the UK construction sector of this research is that it enables various industry leaders to actively consider the findings of the research while also vigorously encouraging the establishment and development of corporate social responsibility, not only within their respective organizations, but within the construction industry as a whole. This would not only result in a more environmentally sustainable industry, but would also raise the awareness of the sector locally, nationally and internationally, therefore improving the overall perception of the sector on a variety of levels. This will ultimately lead to a more sustainable, environmentally friendly and collective industry while also considering the needs of one of its most important external stakeholders – the local community.

Impact of Quality on Ethics and Social Responsibility in Marketing, in Industries in Kerala in the present Indian Scenario

The paper ‘Impact of Quality on Ethics and Social Responsibility in Marketing in Industries in Kerala in the present Indian scenario’ highlights the observations, based on a descriptive research carried out in five leading industries in Kerala, in the private and public sector. Ethics and social responsibilities, practiced in these industries, are reflected in the results of the survey conducted on specific queries like awareness of products/services provided by them, total understanding of the requirements of the customer, open discussion on technical matters, accountability of employees to the society and social needs, consumer ethics vis a vis business ethics etc. Team working goes a long way, in building relations, which in turn, results in a progressive and effective marketing strategy. This assumes paramount importance, considering the severe competition we are facing in the light of liberalization, privatization and globalization, which encompasses the globe. The prediction of India becoming a lead nation, along with USA, China and Japan, in this decade, can get fructified only if we follow a very high standards of ethics and social responsibility, in all domains including marketing. Organizations like TRW.Rane, Sundaram Fasteners, TVS Motors, in Chennai are a few among others in India, who have achieved the highest distinction in quality viz Deming Prize, and these demonstrate their commitment to quality, society and humanity at large. Cost effectiveness, without jeopardizing quality has become the need of the hour and MRTP has become history. This trait is being brought out through the survey and the results speak for themselves. Unethical practices like switch and bait, not only brings shame to the organization, and country but also results in the company getting wiped out from the market. Adherence to standards like ISO 14000 helps to maintain the minimum level of social responsibility and environmental friendliness. Like quality audit, safety audit etc, social audit is being insisted in all progressive countries to ensure that the organization comply with the minimum statutory requirements. The paper also touches upon Corporate Social Responsibility practiced in the industries and this becomes crystal clear through their commitment to improve the community. Green Marketing lays a lot of importance on the three Rs of environmentalism viz Reduce, Reuse and Recycle. The objective of any business is to achieve optimal profit and this is possible only by reducing the cost as well as waste. In this context, management tools like brainstorming, suggestion schemes, benchmarking etc becomes helpful. These characteristics are brought out through the analysis of survey results. The conclusions drawn throw a lot of information on the desirable practices with respect to Ethics and Social Responsibility in Marketing

An experimental manipulation of responsibility in children: a test of the inflated responsibility model of obsessive-compulsive disorder

The objective of this study was to investigate whether Salkovskis (1985) inflated responsibility model of obsessive-compulsive disorder (OCD) applied to children. In an experimental design, 81 children aged 9– 12 years were randomly allocated to three conditions: an inflated responsibility group, a moderate responsibility group, and a reduced responsibility group. In all groups children were asked to sort sweets according to whether or not they contained nuts. At baseline the groups did not differ on children’s self reported anxiety, depression, obsessive-compulsive symptoms or on inflated responsibility beliefs. The experimental manipulation successfully changed children’s perceptions of responsibility. During the sorting task time taken to complete the task, checking behaviours, hesitations, and anxiety were recorded. There was a significant effect of responsibility level on the behavioural variables of time taken, hesitations and check; as perceived responsibility increased children took longer to complete the task and checked and hesitated more often. There was no between-group difference in children’s self reported state anxiety. The results offer preliminary support for the link between inflated responsibility and increased checking behaviours in children and add to the small but growing literature suggesting that cognitive models of OCD may apply to children.

Exploratory study of corporate social responsibility: blogs as a communication tool to enhance company-stakeholders relationships

O conceito de responsabilidade social corporativa (RSE) evoluiu gradualmente do objetivo de satisfazer as expectativas dos acionistas para o cumprimento das expectativas das partes interessadas. Tornou-se um conceito amplamente aceitado e promovido como as empresas enfrentam maiores pressões de atores internos e externos para cumprir objetivos sociais maiores. Assim, elas cada vez mais comunicam sobre os esforços de responsabilidade social delas, a fim de fomentar a confiança e o envolvimento dos stakeholders. Mas o aumento da cidadania global e as novas tecnologias de informação e de comunicação – como as mídias sociaias – está criando uma paisagem desafiador para a comunicação RSE, se traduzindo em escrutínio e ceticismo do público. No entanto, também está criando novas oportunidades para as empresas compartilhar e interagir com as partes interessadas. O estudo analisa especificamente como os blogs corporativos dedicados à comunicação RSE conseguem melhorar as relações entre as empresas e as partes interessadas. Esta pesquisa exploratória da estrutura e das mensagens de 9 blogs corporativos, é baseada em um quadro de análise sobre comunicação RSE em plataformas de mídias sociais desenvolvido por Gomez e Chalmeta (2013). O quadro está melhorado e adaptado para blogs graças à literatura sobre comunicação RSE, mídias sociais e blogs corporativos. Os resultados demonstram que o uso de características de blogs como apresentação, conteúdo e interatividade, é diversificado e reflete estratégias diferentes de comunicação RSE. Blogs permitem às empresas aumentar a visibilidade da comunicação RSE, melhorar a credibilidade e a legitimidade dos esforços de responsabilidade social, e também trazer discussões com os stakeholders. No entanto, demonstramos que as características e recursos dos blogs raramente são totalmente desenvolvidos, sugerindo avenidas para a melhoria no campo da comunicação nas mídias sociais. Especificamente, o uso da interatividade para criar relações baseadas em diálogo entre empresas e stakeholders está até atrasado em relação à extensão das oportunidades oferecidas pelos blogs. Além disso, o grau de utilização das ferramentas de blogs determina a eficácia da comunicação de RSE 2.0 das empresas na criação de relações empresa-stakeholder.

The Texas driver responsibility program: A preliminary analysis of the impact on impaired driving and trauma system funding

Objective. In 2003, the State of Texas instituted the Driver Responsibility Program (TDRP), a program consisting of a driving infraction point system coupled with a series of graded fines and annual surcharges for specific traffic violations such as driving while intoxicated (DWI). Approximately half of the revenues generated are earmarked to be disbursed to the state's trauma system to cover uncompensated trauma care costs. This study examined initial program implementation, the impact of trauma system funding, and initial impact on impaired driving knowledge, attitudes and behaviors. A model for targeted media campaigns to improve the program's deterrence effects was developed. ^ Methods. Data from two independent driver survey samples (conducted in 1999 and 2005), department of public safety records, state health department data and a state auditor's report were used to evaluate the program's initial implementation, impact and outcome with respect to drivers' impaired driving knowledge, attitudes and behavior (based on constructs of social cognitive theory) and hospital uncompensated trauma care funding. Survey results were used to develop a regression model of high risk drivers who should be targeted to improve program outcome with respect to deterring impaired driving. ^ Results. Low driver compliance with fee payment (28%) and program implementation problems were associated with lower surcharge revenues in the first two years ($59.5 million versus $525 million predicted). Program revenue distribution to trauma hospitals was associated with a 16% increase in designated trauma centers. Survey data demonstrated that only 28% of drivers are aware of the TDRP and that there has been no initial impact on impaired driving behavior. Logistical regression modeling suggested that target media campaigns highlighting the likelihood of DWI detection by law enforcement and the increased surcharges associated with the TDRP are required to deter impaired driving. ^ Conclusions. Although the TDRP raised nearly $60 million in surcharge revenue for the Texas trauma system over the first two years, this study did not find evidence of a change in impaired driving knowledge, attitudes or behaviors from 1999 to 2005. Further research is required to measure whether the program is associated with decreased alcohol-related traffic fatalities. ^

The role of rehabilitation of building in the urban integration, social cohesion and environmental responsibility

In the framework ofthe National Research Plan2008-2011, our research poses estrategy for the design and evaluation of plans and programmes of urban integrated regeneration. The objective is to develop a study on the role of rehabilitation of buildings in concepts like urban integration, social cohesion and environmental responsibility. The research proposes a methodological tool for evaluating urban regeneration processes from a holistic perspective that can serve as a guide for governments and technical teams to address intervention in consolidated urban areas with physical and socio-economic problems. The development of the tool has inevitably led to delve into different areas where you can intervene but has not lost sight of the complex interplay of factors involved in the process.It is an open source tool to visualize Urban Integrated Rehabilitation processes.

Managing periodontal disease: the clinician's role and the patient's responsibility

This manuscript highlights the roles and responsibilities of the clinician and patient in the successful management of periodontal disease. Clinical relevance: This article highlights the variety of factors that need to be addressed for periodontal diseases to be successfully managed. Learning objective: The reader should understand the broad range of issues that require consideration for patients to be successfully managed for their periodontal problems.