990 resultados para privileges prevail over UCPR pleading rules


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Tras analizar y evaluar la argumentación jurídica efectuada por el Tribunal del CIADI respecto del caso CMS vs. Argentina, se aprecia que tal argumentación descansa sobre la errada concepción de que en el caso no existían aspectos que afecten derechos humanos. En realidad se trataba de un caso difícil, en materia de derechos sociales, que no podía ser resuelto por la simple aplicación de las reglas específicas del sistema (subsunción), como erróneamente lo hizo el Tribunal del CIADI, pues necesariamente debía acudirse al procedimiento de la ponderación. Si se acude a la ponderación se podrá constatar que existen dos principios aplicables, cada uno de los cuales lleva a una solución incompatible con la del otro: por un lado, la protección del derecho a la seguridad jurídica del inversionista extranjero, que exige un respeto a los derechos pactados contractual y legalmente, y, por otro, el de la protección al derecho a la vivienda, que exige una congelación en las tarifas de servicios básicos esenciales, entre ellos del transporte y distribución del gas. En este caso el segundo prevalece sobre el primero.

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Biopolitics, Civil Society and Political Eschatology: Foucault’s distrust in the population’s inherent forces Michel Foucault’s scepticism toward discourses on the organic vitality of populations is not only explainable by his attention to the dark ‘underside of biopolitics – the risks of persecution of individuals, who threaten the population’s vitality from the inside. Moreover, it should be understood in light of Foucault’s acute sensitivity to the deep-seated, conflict-ridden nature of the population in terms of its inherent potential for cultural clashes, violent struggles, suspicions, hatred, or, in short, the perpetual conflicts of civil society. Foucault’s work led him to a position of ambiguous support for the state and to a more evident distrust in the forces of the population. He used the term “political eschatologies” about antipolitical visions that pronounce the end of politics in a final accord where social contradictions dissolve and the community will prevail over the state. Foucault played on the religious significations of the term, especially in regard to the religious, fanatic rejection of the duality between state and civil society, a rejection that rests on the belief in a completion of historical and political time and the final salvation of all in “the city of God”. The article demonstrates Foucault’s highly ambiguous view of civil society, it examines his discussion Ferguson’s work on civil society, and it considers Foucault’s use of the term “political eschatologies” to indicate the dangers of extreme, anti-state, political movements. It challenges the image of Foucault as an unequivocal proponent of grass roots and identity politics.  

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The following study aims to verify in which hypothesis res judicata, when it comes of an unconstitutional decision, shall not prevail over Constitution. It displayed the characteristics of formal and material constitutional systems. It debated the concepts of existence, validity and efficacy of juridical rules and acts. It dissertated about the idea of Constitution s superiority and about the birth of the judicial review of constitutionality. It focused some contemporary models of this judicial review and its historical evolution in Brazil, showing its effects towards the current Constitution. It sustained that the decision given by Supremo Tribunal Federal during abstract control of rules must bind even legislative bodies, preventing them to produce the same rules previously declared unconstitutional. It held up that all parts of the decision of Supremo Tribunal Federal oblige, even the juridical arguments employed, in both diffused and concentrated reviews. It showed that, despite these models of review live together in Brazil, our constitutional system preferred the concentrated one, considering one only court over the other constitutional organs. It discussed about res judicata with the purpose of clarifying its juridical nature, its objective and subjective limits and its regulation in collective demands. It explained that the material res judicata is an effect of a decision which cannot be reviewed, which makes the law s will free of discussion, binding the contendants and avoiding that other courts, judging future demands about the same object, may decide differently. It showed how the regulation of res judicata in collective demands, in respect oh their subjective limits, is useful to demonstrate that it is not the material law who must adapt itself to res judicata as traditionally thought, but res judicata, as a warranty of juridical certainty and security, who must be shaped from the debated rule. It presented to view the main doctrinal conceptions about res judicata s review in the hypothesis of unconstitutional judgement. It concluded that the decisions forged by unconstitutional rules or interpretations reputed not compatible to the Constitution by Supremo Tribunal Federal, in spite of it can make res judicata, may be reviewed beyond the term to file a recissory claim, since while the debated law is still valid, no matter if its decision was before or after the res judicata. At the end, it asserted that, when it is not legally authorized, the judicial review of res judicata is not admissible, after the term to file a recissory claim, under the argument that there was no direct violation to the constitutional principle or rule

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Coordenação de Aperfeiçoamento de Pessoal de Nível Superior (CAPES)

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In this paper we follow the BOID (Belief, Obligation, Intention, Desire) architecture to describe agents and agent types in Defeasible Logic. We argue, in particular, that the introduction of obligations can provide a new reading of the concepts of intention and intentionality. Then we examine the notion of social agent (i.e., an agent where obligations prevail over intentions) and discuss some computational and philosophical issues related to it. We show that the notion of social agent either requires more complex computations or has some philosophical drawbacks.

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Examples from the Murray-Darling basin in Australia are used to illustrate different methods of disaggregation of reconnaissance-scale maps. One approach for disaggregation revolves around the de-convolution of the soil-landscape paradigm elaborated during a soil survey. The descriptions of soil ma units and block diagrams in a soil survey report detail soil-landscape relationships or soil toposequences that can be used to disaggregate map units into component landscape elements. Toposequences can be visualised on a computer by combining soil maps with digital elevation data. Expert knowledge or statistics can be used to implement the disaggregation. Use of a restructuring element and k-means clustering are illustrated. Another approach to disaggregation uses training areas to develop rules to extrapolate detailed mapping into other, larger areas where detailed mapping is unavailable. A two-level decision tree example is presented. At one level, the decision tree method is used to capture mapping rules from the training area; at another level, it is used to define the domain over which those rules can be extrapolated. (C) 2001 Elsevier Science B.V. All rights reserved.

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This work reports on rainwater dissolved organic carbon (DOC) from Ribeirao Preto (RP) and Araraquara over a period of 3 years. The economies of these two cities, located in Sao Paulo state (Brazil), are based on agriculture and related industries, and the region is strongly impacted by the burning of sugar cane foliage before harvesting. Highest DOC concentrations were obtained when air masses traversed sugar cane fields burned on the same day as the rain event. Significant increases in the DOC volume weighted means (VWM) during the harvest period, for both sites, and a good linear correlation (r=0.83) between DOC and K (a biomass burning marker) suggest that regional scale organic carbon emissions prevail over long-range transport. The DOC VWMs and standard deviations were 272 +/- 22 mu mol L-1 (n=193) and 338 +/- 40 mu mol L-1 (n=80) for RP and Araraquara, respectively, values which are at least two times higher than those reported for other regions influenced by biomass burning, such as the Amazon. These high DOC levels are discussed in terms of agricultural activities, particularly the large usage of biogenic fuels in Brazil, as well as the analytical method used in this work, which includes volatile organic carbon when reporting DOC values. Taking into account rainfall volume, estimated annual rainwater DOC fluxes for RP (4.8 g C m(-2) yr(-1)) and Araraquara (5.4 g C m(-2) yr(-1)) were close to that previously found for the Amazon region (4.8 g C m(-2) yr(-1)). This work also discusses whether previous calculations of the global rainwater carbon flux may have been underestimated, since they did not consider large inputs from biomass combustion sources, and suffered from a possible analytical bias. (c) 2008 Elsevier Ltd. All rights reserved.

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The association of cigarette smoking, physical activity at work, and social class with total cholesterol and with high and low density lipoprotein cholesterol were examined in a random sample of 238 males, of 18 years of age, of Rosario, Argerntina. The mean (mg/dl) total serum cholesterol of the whole sample was 174.7, the high density lipoprotein cholesterol 52.8, and the low density lipoprotein cholesterol 121.5. Black tobacco consumers, evenly distributed by social class, had higher levels of total and low density lipoprotein cholesterol. Total cholesterol was higher in the high social class, differently from what smokers' distribution by social class, would lead one to expect. While a highly negative association was found between social class and physical activity at work, there were no significant diferences in lipoprotein levels between manual and non-manual workers. It is possible that the nutritional differences by social class still prevail over the smoking habit in their influence on the lipoprotein levels in these subjects.

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Residence advantage in heterospecific territorial disputes of Erythrodiplax Brauer species (Odonata, Libellulidae). Territories are the outcome of interactions determining where and how long individuals settle. To odonate species, aggressive disputes are not so common since the outcome can be predetermined by advantages such as residency, age, and body size. However, it is possible to predict that at heterospecific disputes, larger body-sized or more aggressive species have some profits overcoming these individual advantages, generating patterns of species hierarchy. Here, I studied the aggressiveness of five Erythrodiplax species (Odonata, Libellulidae) during territorial disputes and verified if larger body-sized species are more aggressive than smaller ones or if the residence advantage prevails on the heterospecific disputes. Larger species were not more aggressive than smaller ones and winners of intra- and interspecific territorial disputes were defined mainly by the residence. So, the residence advantage between heterospecific opponents appears to prevail over any other asymmetry among these species. This pattern may occur because, despite the territorial behaviour in dragonfly males, heterospecific disputes may not increment male reproductive success because it may not increase their access to females.

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We analyse the variations produced on tsunami propagation and impact over a straight coastline because of the presence of a submarine canyon incised in the continental margin. For ease of calculation we assume that the shoreline and the shelf edge are parallel and that the incident wave approaches them normally. A total of 512 synthetic scenarios have been computed by combining the bathymetry of a continental margin incised by a parameterised single canyon and the incident tsunami waves. The margin bathymetry, the canyon and the tsunami waves have been generated using mathematical functions (e.g. Gaussian). Canyon parameters analysed are: (i) incision length into the continental shelf, which for a constant shelf width relates directly to the distance from the canyon head to the coast, (ii) canyon width, and (iii) canyon orientation with respect to the shoreline. Tsunami wave parameters considered are period and sign. The COMCOT tsunami model from Cornell University was applied to propagate the waves across the synthetic bathymetric surfaces. Five simulations of tsunami propagation over a non-canyoned margin were also performed for reference. The analysis of the results reveals a strong variation of tsunami arrival times and amplitudes reaching the coastline when a tsunami wave travels over a submarine canyon, with changing maximum height location and alongshore extension. In general, the presence of a submarine canyon lowers the arrival time to the shoreline but prevents wave build-up just over the canyon axis. This leads to a decrease in tsunami amplitude at the coastal stretch located just shoreward of the canyon head, which results in a lower run-up in comparison with a non-canyoned margin. Contrarily, an increased wave build-up occurs on both sides of the canyon head, generating two coastal stretches with an enhanced run-up. These aggravated or reduced tsunami effects are modified with (i) proximity of the canyon tip to the coast, amplifying the wave height, (ii) canyon width, enlarging the areas with lower and higher maximum height wave along the coastline, and (iii) canyon obliquity with respect to the shoreline and shelf edge, increasing wave height shoreward of the leeward flank of the canyon. Moreover, the presence of a submarine canyon near the coast produces a variation of wave energy along the shore, eventually resulting in edge waves shoreward of the canyon head. Edge waves subsequently spread out alongshore reaching significant amplitudes especially when coupling with tsunami secondary waves occurs. Model results have been groundtruthed using the actual bathymetry of Blanes Canyon area in the North Catalan margin. This paper underlines the effects of the presence, morphology and orientation of submarine canyons as a determining factor on tsunami propagation and impact, which could prevail over other effects deriving from coastal configuration.

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Springs are outcrops of aquifers surface, and the water cycle in this environment pass through the recharge, generally defined as the amount of water added to the aquifer, which may occur locally from rainwater infiltration. This study uses the Water Table Fluctuation (WTF) method to estimate the direct recharge and a groundwater balance to estimate the deep recharge on unconfined aquifers. The WTF method employs data of the aquifer water levels and its specific yield to estimate the direct recharge. The groundwater balance considers the direct recharge estimated by the WTF method, as the water input in the system and outputs as the base flow and deep recharge. The recharge was estimated at four areas at the watershed of Alto Rio Grande city, Minas Gerais (MG) state, in Brazil. The direct recharge estimate was 121.11; 64.62; 83.99; 152.46 (mm/year) for the L1, L2, M1 and M2 areas. The effect of the presence of forest in the recharge area can prevail over slope of relief, allowing more direct recharge, even in sources with steeper relief. The runoff from the springs in the study period exceeded the direct recharge, indicating a situation in which the saturated zone feeds the vadose zone. The annual flow was above the direct recharge pointing a situation of over exploitation of the aquifer, a non sustainable situation. The specific yield of the aquifers could also have been underestimated.

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The practice of social entrepreneurship already exists for a long time but the concept is quite new and has more recently raised a growing interest among academics. However, the majority of researches and considerations about the subject have taken a strong positive concern by omitting some sort of a critical reflection. The idea of this study is to consider the gap between the very optimistic and the more precautious concerns about social entrepreneurship. It means presenting the advantages and downsides connected to the topic in the business, public and third sector. The aim is to help the reader building his/her own belief on social entrepreneurship by considering the positive and negative sides of social entrepreneurship. Hence, the research is intended to take a critical step and aims to answer to the following research questions:  Shall we believe in social entrepreneurship?  What are the reasons for believing or not in social entrepreneurship taking into account the advantages and possible risks of it in the business, public, and third sector? The theoretical framework consists of the comparison between the promising and precautious sides about social entrepreneurship for private, public and non-governmental organizations including the actors or participants inside these sectors. The empirical part is conducted using a qualitative method. Personal interviews of experts in the fields of business, public and third sectors were handled. The purpose of this approach is to compare the critics in theory with the experience of persons dealing with social entrepreneurship. The results from the interviews revealed that in general, reasons for believing in social entrepreneurship prevail over critics about the subject. Social entrepreneurship may not yet represent a full performing business. Concerns for weakening the public power and putting aside the interests of communities in need may exist too. Furthermore, naïve and extra liberal ways of thinking or doing can lead to practices going in opposition with initial social objectives. Nevertheless, problems about social entrepreneurship would be mainly due to the young age of the movement. Time and experience would give better foundations and results to social entrepreneurs. Critics about social entrepreneurship could also easily be done to any sorts of business. Overall, the positive considerations of social entrepreneurship with skillful, motivated and responsible actors could represent some useful tools for enterprises, governments and charities. Some tools among many other possibilities to help people in need.

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It is not uncommon that a society facing a choice problem has also to choose the choice rule itself. In such situation voters’ preferences on alternatives induce preferences over the voting rules. Such a setting immediately gives rise to a natural question concerning consistency between these two levels of choice. If a choice rule employed to resolve the society’s original choice problem does not choose itself when it is also used in choosing the choice rule, then this phenomenon can be regarded as inconsistency of this choice rule as it rejects itself according to its own rationale. Koray (2000) proved that the only neutral, unanimous universally self-selective social choice functions are the dictatorial ones. Here we in troduce to our society a constitution, which rules out inefficient social choice rules. When inefficient social choice rules become unavailable for comparison, the property of self-selectivity becomes weaker and we show that some non-trivial self-selective social choice functions do exist. Under certain assumptions on the constitution we describe all of them.

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Thèse réalisée en cotutelle avec l'École des hautes études en sciences sociales

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Pour respecter les droits d’auteur, la version électronique de ce mémoire a été dépouillée de certains documents visuels. La version intégrale du mémoire a été déposée au Service de la gestion des documents et des archives de l'Université de Montréal.